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JJB H06965'26_HB6138_INTR_1 3ms9p4
HOUSE BILL NO. 6138
A bill to regulate the water usage of certain data centers; to
provide for the powers and duties of certain state and local
governmental officers and entities; to prescribe civil sanctions;
to provide remedies; and to provide for the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act may be cited as the "data center water 1
regulation act". 2
Sec. 3. As used in this act: 3
(a) "Closed-loop cooling system" means a sealed cooling 4
process in which the same water or coolant circulates continuously 5
June 25, 2026, Introduced by Reps. Morgan, Tsernoglou, Andrews, Grant, Rogers, Steckloff,
Hoskins, Brixie, McFall, Snyder, Liberati, Herzberg, Wooden, Arbit, McKinney, O'Neal,
Martus, Witwer, MacDonell, Breen, Rheingans, Skaggs, Foreman, Scott, Wilson, Con lin and
Fitzgerald and referred to Committee on Government Operations.
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JJB H06965'26_HB6138_INTR_1 3ms9p4
within a data center's cooling system without withdrawal of water 1
from a municipal water system, groundwater, or surface water and 2
without discharge of wastewater to a municipal water system, 3
groundwater, or surface waters. 4
(b) "Commission" means the Michigan public service commission 5
created in section 1 of 1939 PA 3, MCL 460.1. 6
(c) "Data center" means a facility in this state that is 7
composed of 1 or more buildings and that is designed and intended 8
for housing, and does house, data center equipment to centralize 9
the storage and processing of data. 10
(d) "Person" means an individual or a partnership, 11
corporation, limited liability company, association, governmental 12
entity, or other legal entity. 13
Sec. 5. (1) A person shall not begin construction or operation 14
of a data center unless 1 or more of the following requirements are 15
met: 16
(a) The data center will use a closed-loop cooling system. 17
(b) The data center will use only water that is sourced from a 18
municipal water system. 19
(2) A person shall not operate a data center that began 20
construction or operation on or after the effective date of this 21
act unless 1 or more of the following requirements are met: 22
(a) The data center uses a closed-loop cooling system. 23
(b) The data center uses only water that is sourced from a 24
municipal water system. 25
(3) If a person is operating a data center in violation of 26
subsection (2), including, but not limited to, by using groundwater 27
or surface water for the data center, the person shall immediately 28
cease operation of the data center. 29
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JJB H06965'26_HB6138_INTR_1 3ms9p4
Sec. 7. A person that violates this act is subject to a civil 1
fine of not more than $1,000,000.00 for each day of violation. The 2
prosecutor of the county in which the violation occurred or the 3
attorney general may bring an action to collect the civil fine or 4
to obtain an injunction against the person. A civil fine collected 5
under this section must be deposited in the general fund. 6
Sec. 9. The commission may promulgate rules to implement this 7
act under the administrative procedures act of 1969, 1969 PA 306, 8
MCL 24.201 to 24.328. 9
Enacting section 1. This act does not take effect unless all 10
of the following bills of the 103rd Legislature are enacted into 11
law: 12
(a) Senate Bill No. ____ (request no. S06933'26) or House Bill 13
No. 6135 (request no. H06933'26). 14
(b) Senate Bill No. ____ (request no. S06934'26) or House Bill 15
No. 6139 (request no. H06934'26). 16
(c) Senate Bill No. ____ (request no. S06939'26) or House Bill 17
No. 6137 (request no. H06939'26). 18
(d) Senate Bill No. ____ (request no. S06942'26) or House Bill 19
No. 6140 (request no. H06942'26). 20
(e) Senate Bill No. ____ (request no. S06943'26) or House Bill 21
No. 6142 (request no. H06943'26). 22
(f) Senate Bill No. ____ (request no. S07181'26) or House Bill 23
No. 6141 (request no. H07181'26). 24