Large data centers would face location limits and public approval reviews

Local governments and a state board would review certain large data center projects before they could be built and operated. These rules cover a hyperscale data center, a facility that needs at least 25 megawatts of energy. Such a center could not be built on agricultural land, within 10 miles of agricultural, recreational, or conservation land use, or in state waters or within five miles of them. It also could not be built in listed local plan categories or agricultural zones in unincorporated areas. Before approval, the local government must hold a public hearing, allow public comment, and notify property owners within 10 miles at least 30 days ahead. After local approval, the local government must ask the state siting board to approve the project. If the board rejects it, the project cannot be built, and no appeal is allowed. Projects would need noise controls if they are next to or along a highway, or if an adjacent owner or local government asks. All projects must follow the listed federal noise standards. The land-use limits and state board process apply on or after August 28, 2026. No start date is stated for the noise rules.

Public agencies would be barred from knowingly offering economic incentives to support a large data center, and utilities could not charge certain building costs to most customers. The incentive rule covers state agencies, local governments, and other entities acting for a public agency. The rate rule covers public utility charges to residential and commercial customers. Before providing an economic incentive, a public agency must require the applicant or recipient to sign an affidavit, under penalty of perjury, stating that it is not a hyperscale data center. A utility could collect a fee meant to recover the cost of building a new hyperscale data center from a residential or commercial customer only if that customer's energy use is comparable to the center's projected use. No start or end date is stated for these incentive and utility rate rules.

People withdrawing large amounts of water would need a permit, and the state would review applications and existing permits. These provisions cover people withdrawing water from Missouri water resources. A permit lasts five years; permit holders must report their water use each year for public posting. The permit rule applies to withdrawals over 2.4 million gallons per day on average in a month, but not water used for agriculture. The department could approve only amounts that do not exceed 80 percent of the water source's capacity, do not interfere with existing or expected in-state uses, and can feasibly be withdrawn. During a governor-declared drought emergency, the department must review existing permits and may add conditions or revoke a permit if needed to protect water uses. For a complete application, the director must make an initial determination within 120 days, allow 30 days for public comment, and approve or deny the permit within 60 days after that period. During a governor-declared drought emergency, the department must review existing permits.