PolicyBrief
H.R. 9019
119th CongressMay 22nd 2026
POWER Act
IN COMMITTEE

This bill mandates annual reports to Congress detailing the electricity and water consumption of covered data centers.

Chip Roy
R

Chip Roy

Representative

TX-21

LEGISLATION

POWER Act Mandates Annual Water and Energy Audits for Major Data Centers Starting in Two Years

Data centers are the invisible engines of our digital lives, but they have a massive physical footprint that usually stays off the radar. The Public Oversight of Water and Energy Reporting (POWER) Act aims to change that by requiring the Secretary of Energy and the EPA to pull back the curtain on exactly how much juice and water these facilities are gulping down. Within two years of the bill becoming law, and every year after that, the government would have to hand Congress a detailed report on the resource consumption of 'covered' data centers—essentially the large-scale projects that drive our cloud storage and AI processing. This isn't just about high-level stats; the bill specifically demands to know how much water is being pulled from public systems (even if it's recycled) and who picked up the tab for connecting these massive hubs to the power grid (Section 3).

Checking the Meter on Big Tech

For the average person, this bill is like finally getting an itemized receipt for a giant neighbor who’s been sharing your utilities. Data centers require immense cooling, often using millions of gallons of water that might otherwise go to local taps or irrigation for nearby farms. Under Section 3, the report must disclose the average daily water usage for data centers with continuous public water access. This matters because if you’re a farmer in a drought-prone area or a homeowner seeing rising utility rates, you’ll finally have the data to see if a nearby data center is competing for the same local resources. The bill also looks into the 'bulk-power system,' requiring a breakdown of the costs to connect these facilities to the grid and, crucially, a disclosure of who paid those costs. This helps clarify whether taxpayers or utility rate-payers are effectively subsidizing the infrastructure for private data hubs.

The Fine Print and Future Questions

While the bill is heavy on transparency, it’s light on immediate restrictions. It doesn't tell data centers they can't use water; it just makes them report it. However, there are some nuances in the definitions that are worth watching. The bill targets 'covered data centers' as defined by Executive Order 14318, but it explicitly exempts facilities owned or operated by certain defense and national security agencies (Section 4). This means the public will get a clear view of commercial data use, but a significant portion of government-run infrastructure remains in the dark. Additionally, the Secretary of Energy has some wiggle room to decide the 'appropriate' dates for the reporting periods. While this flexibility helps with administrative setup, it also means the timing of these reports could shift year to year, potentially making it harder to track long-term trends if the reporting windows aren't consistent.