Large data centers would need local certificates before construction

Local governments would need to issue a site certificate before approving permits or other authorizations for a large data center. This applies to large data centers meeting the bill's size thresholds, including projects developed in phases or expanded to meet them. Officials could issue a certificate only after an independent review, written findings on impacts and public welfare, payment of required costs, and an ongoing monitoring agreement. The certificate must come before local approval of a site plan, permit, land use, or other authorization.

Developers or operators would have to submit project studies and other materials, and pay related costs. These requirements apply to developers or operators seeking a certificate for a large data center. Applications must include studies of relevant impacts and evidence that the project will not materially harm the local area. If farmland or wetlands may be affected, applicants must show there is no feasible alternative on brownfield or vacant industrial land. A project that may affect wetlands also needs a protection plan. Applicants must provide the materials and pay required costs as part of the certificate application, before construction, expansion, or material changes begin.

Operators would have to monitor impacts, correct problems, and stop operations if they do not promptly make required corrections. These duties apply to developers or operators of certified large data centers. Monitoring agreements must allow local inspections and require compliance with project mitigation plans. Local governments could review complaints and require additional monitoring or corrective action. They could change, suspend, or revoke a certificate after notice and one or more public hearings if they find a material violation. The impact limits apply throughout operation; monitoring follows the agreement made for the site certificate.

A person who violates the act could face a civil fine of up to $10,000 for each day of violation. The penalty applies to a person who violates the act. A county prosecutor or the attorney general could bring an action to collect a fine, seek a court order to stop a violation, or enforce a monitoring agreement.