As Introduced

136th General Assembly

Regular Session H. B. No. 784

2025-2026

To enact sections 9.484 and 1521.301 of the Revised Code to require data centers to report monthly and yearly water consumption and to prohibit data centers from including water consumption information in nondisclosure agreements with political subdivisions.

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

Section 1. That sections 9.484 and 1521.301 of the Revised Code be enacted to read as follows:

Sec. 9.484. (A) As used in this section:

(1) "Nondisclosure agreement" means an agreement or contract that includes a provision or clause that prohibits an elected or appointed official of a governing body of a political subdivision or an employee of a political subdivision from disclosing, discussing, describing, or commenting on matters related to the person's official duties or activities related to the political subdivision.

(2) "Data center" has the same meaning as in section 1521.301 of the Revised Code.

(3) "Employee" and "political subdivision" have the same meanings as in section 2744.01 of the Revised Code.

(B) No person authorized to enter into an agreement or contract on behalf of a data center shall enter into a nondisclosure agreement that includes a term that prohibits a political subdivision from commenting on information regarding a data center's water consumption and use.

(C) A person that violates division (B) of this section is subject to a civil fine of not more than one thousand dollars. The attorney general may bring an action to collect the fine.

(D) An agreement or contract entered into in violation of this section is void and unenforceable.

Sec. 1521.301. (A) As used in this section, "data center" means a centralized facility used primarily or exclusively for electronic information services such as the management, storage, processing, and dissemination of electronic data and information through the use of computer systems, servers, networking equipment, and related components.

(B) A data center that withdraws waters of the state in any amount shall accurately measure and track such water consumption and usage in accordance with rules adopted by the chief of the division of water resources.

(C) A data center shall submit to the chief a report each month, in a manner determined by the chief, that specifies the data center's total water consumption for the previous calendar month, the maximum amount consumed each day, the water sources, whether the consumption was intended for cooling or another application, and any other information as the chief may require by rule.

(D) In addition to the reporting requirements under division (C) of this section, a data center shall submit an annual report to the chief not later than the first day of February each year. The annual report shall include all of the following:

(1) The data center's total water consumption for the previous calendar year;

(2) A description of any measures undertaken by the data center in the previous calendar year to improve efficiency and reduce water consumption.

(E) The chief shall prepare an annual report that compiles data received in accordance with divisions (C) and (D) of this section from the previous year. The chief shall submit the annual report to the house of representatives and senate committees that consider natural resources legislation within thirty days after preparing such report.

(F) The chief shall adopt rules in accordance with Chapter 119. of the Revised Code to administer and enforce this section.