As Referred by the House Rules and Reference Committee

136th General Assembly

Regular Session H. B. No. 646

2025-2026

To create the Data Center Study Commission, and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. (A) As used in this section:

(1) "Commission" means the Data Center Study Commission.

(2) "Data center" means a physical facility equipped with, or connected to, one or more computers that is used for processing or transmitting data.

(B)(1) There is created, within the Department of Development, the Data Center Study Commission, which shall consist of the following members:

(a) Three members appointed by the Governor;

(b) Three members appointed by the Speaker of the House of Representatives;

(d) Two members appointed by the Minority Leader of the House of Representatives;

(e) Two members appointed by the Minority Leader of the Senate.

(2) The members of the Commission shall be appointed not more than thirty days after the effective date of this section.

(3) Members shall serve until any of the following occur, as applicable:

(a) The member resigns or is no longer able to fulfill the duties of the Commission;

(b) The member is removed from the Commission by the officer that appointed that member;

(4) Vacancies shall be filled in the same manner as for original appointments.

(5) Members of the Commission shall receive compensation at the rate of two hundred fifty dollars per Commission meeting.

(C)(1) The first meeting of the Commission shall occur not more than forty-five days after the effective date of this section, at a date and time set by the Governor. At the first meeting, the members of the Commission shall elect a chairperson, vice chairperson, and secretary. The first meeting shall be for organizational purposes only.

(2) The Commission shall hold not less than four public meetings as follows:

(a) Not less than two public meetings shall be held for hearing public testimony regarding the topics described in division (D) of this section.

(b) Not less than two public meetings shall be held for hearing invited testimony from experts regarding the topics described in division (D) of this section.

(D) The Commission shall examine all of the following concerning data centers:

(1) Environmental impact;

(2) Effect on the electrical grid, including on behind the meter electric supply and on consumer utility rates;

(3) Water usage and impact on the local water supply;

(4) Noise pollution;

(5) Light pollution;

(6) Impact on the local economy;

(7) Impact on farmland;

(8) Value to national security and the development of artificial intelligence;

(9) Reports of foreign propaganda intended to create opposition to data centers;

(10) Any other relevant topics determined by the Commission.

(E) The Commission shall submit a report of its findings and any legislative recommendations to the Governor and the General Assembly not more than six months after the effective date of this section.

(F) The Commission terminates after issuing the report required by this section.

Section 2. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that data centers are proliferating rapidly in the absence of a specific regulatory structure, or historical precedent, which is generating serious concerns among the citizens of this state and creating an unstable environment for local decision making. Verifiable information is crucial to such citizens when facing new development within their communities and local political subdivisions tasked with approving such development, as well as investors who wish to site data centers throughout Ohio. Verifiable information benefits all concerned parties and is urgently needed due to the rapid development of this emerging technology and the lack of general knowledge concerning data centers in Ohio. Therefore, this act shall go into immediate effect.