Local governments would classify data centers before approval

A local government would have to classify a proposed data center before granting local approval. This applies to proposals to build a data center or materially expand or modify one. The definition excludes certain facilities used solely for schools, hospitals, government, telecommunications, or other activities. The applicant must submit an application and pay a fee set by the local government. The fee cannot exceed the government's expected review costs. The bill would take effect only if HB 6390 is also enacted. The local government would have to issue a written decision within 45 days after receiving a complete application and fee. The bill would take effect 90 days after enactment.

A local government would have to use a different permit process, hold public hearings, and make written findings before approving certain data centers. These steps would apply if the local government classifies a project as mega-hyperscale, a major digital infrastructure development, or one of statewide significance. The bill would take effect only if HB 6390 is also enacted. The local government would have to complete these steps before granting approval. The bill would take effect 90 days after enactment.

A person could not avoid the bill's requirements by splitting a project into separate sites, companies, or phases. This applies to arrangements that obscure the actual scale or nature of a proposed data center. The bill would take effect only if HB 6390 is also enacted. The bill would take effect 90 days after enactment.