Georgia Data Center Bills Raise Concerns Over Protecting Customers

Proposed legislation may leave gaps in safeguards, especially for Middle Georgia residents

Published on Mar. 5, 2026

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Two bills moving through the Georgia legislature aim to require data centers to bear the costs of the infrastructure they need and end a tax break that has cost the state hundreds of millions of dollars. However, utility lawyers and environmental advocates say the bills have significant gaps that could still leave ratepayers exposed, particularly in parts of Middle Georgia served by electric membership cooperatives (EMCs) or Oglethorpe Power rather than Georgia Power.

Why it matters

The bills come as Georgia is experiencing a major influx of data centers, with the state's Public Service Commission approving 10,000 megawatts of new power generation largely to serve these facilities. How the costs of this infrastructure are allocated could have a significant impact on residential and small business customers' electricity bills.

The details

House Bill 1063 would require data centers using 100 megawatts or more of power to pay for infrastructure built specifically to serve them. Senate Bill 410 would end the state's sales tax exemption for new data centers, require contracts between utilities and large data centers to include financial protections, and state the legislature's intent for data centers to bear their own costs. However, the bills leave gaps, as EMCs and municipalities fall outside the PSC's regulatory authority, and there are concerns about 'speculative overbuild' by Georgia Power that could still get passed on to customers.

  • In December 2025, Georgia's Public Service Commission approved 10,000 megawatts of new power generation, largely to serve the influx of data centers.
  • Friday, March 28, 2026 is the last day legislation can pass its chamber of origin and remain eligible for a full vote before the session ends on April 2.

The players

Georgia Power

The state's largest electric utility, regulated by the Public Service Commission and answering to shareholders.

Electric Membership Cooperatives (EMCs)

Nonprofit cooperatives owned by the customers they serve, governed by locally elected boards, and able to negotiate their own contracts with data centers.

Oglethorpe Power

A power provider adding capacity in Monroe County, Georgia to serve data centers.

Sen. Matt Brass (R-Newnan)

The primary sponsor of Senate Bill 410.

Bob Sherrier

A utility lawyer with the Southern Environmental Law Center who testified before the Senate in support of stronger ratepayer protections.

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What they’re saying

“I think the overall intent of everyone involved was the same and that was to ensure that our residential and retail customers were not bearing the brunt of cost and upgrades for our large load customers, i.e. data centers.”

— Sen. Matt Brass, Primary sponsor of Senate Bill 410 (macon.com)

“That kind of thing is not protected at all under either bill.”

— Bob Sherrier, Utility lawyer, Southern Environmental Law Center (macon.com)

“The resounding message from Georgia Power and the data centers is: trust us, we are protecting your power bills, but (these bills) don't make that enforceable.”

— Bob Sherrier, Utility lawyer, Southern Environmental Law Center (macon.com)

What’s next

The two bills, H.B. 1063 and S.B. 410, face a critical deadline on Friday, March 28, 2026 - the last day legislation can pass its chamber of origin and remain eligible for a full vote before the session ends on April 2. Any bill that clears both chambers could then be signed into law by Gov. Brian Kemp.

The takeaway

The proposed data center legislation in Georgia aims to shift the costs of infrastructure away from residential customers, but gaps remain that could still leave ratepayers, especially in Middle Georgia, vulnerable to higher electricity bills. Stronger protections may be needed to ensure data centers truly bear their own costs and don't pass them on to homes and small businesses.