The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
San Francisco County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Slightly Anti-Data Center Policies
San Francisco’s rules impose extra review of energy use, noise, emissions, and neighborhood impacts, plus annual reporting, for data centers needing conditional-use approval. An enacted measure also describes a 45-day citywide development moratorium, though its rationale calls it proposed.
Rating from California statewide as there are no scored current or future laws outside temporary restrictions for San Francisco County.
Specific to San Francisco County only.
current law · County measureProhibits data centers citywide for 45 days under an interim zoning moratorium.San Francisco Police Code Article 29, Section 2909 (2026)
What this means
The measure would prohibit data centers citywide for 45 days, temporarily blocking development during that period to prohibit Data Centers. The short duration limits the longer-term impact, but a citywide moratorium is still a substantial barrier while it is in effect.
Timing
- Ends
- 45 days after adoption
The measure is an interim citywide zoning moratorium prohibiting Data Centers. The provided source does not state any extension conditions.
People behind it
- Mayor
Listed sponsor of the ordinance amending the Police Code regarding entertainment permits and noise-limit enforcement.
- Stephen Sherrill
Listed sponsor of the ordinance amending the Police Code regarding entertainment permits and noise-limit enforcement.
- Danny Sauter
Listed sponsor of the ordinance amending the Police Code regarding entertainment permits and noise-limit enforcement.
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- Shamann Walton
Listed sponsor of the interim zoning moratorium ordinance for data centers.
- Connie Chan
Listed sponsor of the interim zoning moratorium ordinance for data centers.
- Jackie Fielder
Listed sponsor of the interim zoning moratorium ordinance for data centers.
- Chyanne Chen
Listed sponsor of the interim zoning moratorium ordinance for data centers.
- Director of Public Health
Authorized to enforce specified noise provisions, investigate certain complaints, and issue rules and regulations implementing the noise-control article.
- Department of Public Health
Designated responsibility for coordinating noise-control duties and enforcing specified provisions of the noise-control article.
- Department of Building Inspection
Authorized to enforce construction-noise provisions involving permitted construction operations on private property.
- Director of Public Works
Authorized to issue special permits for certain nighttime construction work and to enforce construction-noise provisions involving publicly owned property.
- Department of Public Works
Authorized to enforce construction-noise provisions involving construction operations on publicly owned property.
- Director of Building Inspection
Authorized to issue special permits for certain nighttime construction work.
- Executive Director of the Entertainment Commission
Authorized to enforce noise standards associated with regulated entertainment venues, events, permits, and activities.
- Chief of Police
Authorized to enforce noise provisions involving human-created or otherwise unassigned noise sources, as well as amplified sound on unenclosed tour buses.
- City Attorney
Authorized to bring civil actions to recover civil penalties for violations of the noise-control article.
Restrictions & requirementsHide restrictions & requirements1
A citywide interim zoning moratorium prohibits data centers, as defined in the ordinance, for 45 days.
Sources
current law · County measureRequires data centers to get conditional-use approval where applicable and follow standards for noise, emissions, energy use, and annual reporting.San Francisco Planning Code — Internet Service Exchange provisions
What this means
Data centers that need conditional-use approval would face extra review of energy use, noise, emissions, and neighborhood impacts, plus annual reporting requirements. These add real costs and hurdles, but do not amount to a ban on building or operating data centers.
Timing
- Ends
- A period specified in the resolution imposing the interim zoning controls, not exceeding 18 months from imposition; extensions may not keep the controls in effect longer than 24 months
Section 306.7 authorizes interim zoning controls that function as a moratorium by temporarily suspending specified permits and uses. No specific resolution or calendar expiration date is provided. Extensions require notice and a hearing and cannot extend the controls beyond 24 months total. Other sources characterize the underlying measure as a zoning-code cleanup ordinance without a moratorium.
People behind it
- City and County of San Francisco
Adopted the Planning Code governing land use, development, and public welfare.
- Board of Supervisors
Adopts and amends the Planning Code and Zoning Map and holds final legislative authority to enact or amend the Code.
- Member of the Board of Supervisors
May introduce an ordinance initiating a Planning Code amendment.
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- Planning Commission
Initiated the Eastern Neighborhoods Code Cleanup, may initiate Planning Code amendments, and considers proposed amendments.
- Planning Department
Administers the Planning Code and Housing Balance monitoring and reporting requirements.
- Mayor's Office of Housing and Community Development
Determines qualifying permanently affordable housing acquisitions and reports on funding, housing production, and preservation under the Housing Balance requirements.
- Mayor
Submits a strategy to the Board of Supervisors when the cumulative Housing Balance falls below 33%.
- Zoning Administrator
Administers and enforces the Planning Code and performs specified application, hearing, interpretation, and compliance functions.
- Director of Planning
Oversees Planning Department administration and may recommend decisions on conditional-use applications without a hearing.
- Property owner or authorized agent
May initiate a conditional-use application for the property where the conditional use is sought.
Restrictions & requirementsHide restrictions & requirements8
Development of an Internet Services Exchange requires Conditional Use review by the Planning Commission, including findings that the use will not foreclose other needed neighborhood-serving uses, that the building respects adjacent development scale, and that rooftop equipment is appropriately screened. the Planning Commission shall ... find that
An Internet Services Exchange's backup power system must comply with all applicable federal, state, regional, and local air-pollution controls. The back-up power system
Fixed-source equipment noise at an Internet Services Exchange may not exceed the decibel levels specified in San Francisco's Noise Control Ordinance. Fixed-source equipment noise
The building must be designed to minimize energy consumption using energy-efficient technology, including efficient HVAC systems, lighting controls, natural ventilation, and waste-heat recovery as commercially available technology evolves. designed to minimize energy consumption
The project sponsor must examine the feasibility of supplying some or all of the building's power through on-site generation, such as fuel cells or cogeneration, and provide it to the extent feasible. examined the feasibility of supplying
The Conditional Use application must include the Internet Services Exchange's design capacity and projected power use. submitted design capacity and projected power use
As a condition of approval, the sponsor must annually submit prior-year utility power-use statements and a written report covering energy and fuel consumption, diesel-generator count and operating hours, generator regulatory compliance, and any other information required by the Planning Commission. submit to the Planning Department on an annual basis
After the Conditional Use requirement takes effect, the Planning Department must notify owners of existing Internet Services Exchanges that the use has been reclassified as conditional, creating an authorization requirement for the affected existing facilities. existing Internet Services Exchanges
Benefits & exceptionsHide benefits & exceptions3
Internet Service Exchange uses, including data centers, may obtain Conditional Use approval in the PDR-1-D and PDR-1-G districts, where they were previously prohibited.
Internet Services Exchanges, including data centers, may be established or expanded through Planning Commission Conditional Use authorization if they satisfy the general conditional-use findings and requirements addressing neighborhood scale, rooftop screening, backup-power emissions, equipment noise, energy efficiency, on-site generation feasibility, and disclosure of projected power use.
Large projects in Eastern Neighborhoods Mixed Use Districts may receive a 50% application-fee reduction for the second Section 329 case.
Sources
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