Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 3390
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CUPPS.
7234H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 67, 386, 620, and 640, RSMo, by adding thereto seven new sections
relating to the construction of data centers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 67, 386, 620, and 640, RSMo, are amended by adding thereto
2 seven new sections, to be known as sections 67.5475, 67.5480, 67.5485, 67.5490, 386.1900,
3 620.3990, and 640.640, to read as follows:
67.5475. 1. As used in this section, the following terms mean:
2 (1) "Hyperscale data center", a facility that:
3 (a) Consists of one or mor e contiguous parcel s of land including, but not limited
4 to, a building, subsection, information technology , or other infrastructur e, fixtur e, or
5 personal prop erty located on the land;
6 (b) Is used to house, store , or operate equipment that rec eives, stor es, aggrega tes,
7 manages, pr ocesses, transforms, ret rieves, rese arches, or transmits data, or is necessary
8 for the pr oper operation of such equipment; and
9 (c) Requir es at least twenty-five megawatts of energy res ources to support its
10 operations;
11 (2) "Real pr operty", all lands, including impro vements and fixtur es ther eon, and
12 pr operty of any nature appurtenant ther eto, or used in connection ther ewith, and every
13 estate, intere st and right, legal or equitable, ther ein, including terms for years and liens
14 by way of judgment, mortgage or otherwise and the indebtedness secur ed by such liens.
15 2. On or after August 28, 2026, a hyperscale data center , shall be a prohi bited
16 use for all agricultural, conservation, envir onmental stewardship, mixed use, and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 r esidential land use categories in a local government compr ehensive plan and
18 agricultural zoning districts within an unincorporated area.
19 3. Unless a political subdivision appr oves a mor e res trictive r equir ement, a
20 setback of at least five hundred feet between r eal pr operty on which a hyperscale data
21 center is located shall be maintained by the use of plants native to the state of Missouri,
22 which may include an ornamental barrier that shall be the height of the tallest point of
23 the hyperscale data center at the time construction of the hyperscale data center is
24 completed.
67.5480. 1. As used in this section, "hyperscale data center" has the same
2 meaning as in section 67.5475.
3 2. The department shall r equir e the use of noise-contr ol methods as part of
4 hyperscale data center construction pr ojects located adjacent to or along a highway or
5 upon re quest of an owner of pr operty adjacent to such a project or a political
6 subdivision.
7 3. All hyperscale data center construction project s shall be developed in
8 conformity with federal standards for noise abatement as contained in 23 CFR 772 as
9 such r egulations existed on July 13, 201 1. The department shall, at a minimum, comply
10 with federal requ irem ents in the following areas:
11 (1) Noise abatement;
12 (2) Information for local officials; and
13 (3) Construction noise.
67.5485. 1. As used in this section, the following terms mean:
2 (1) "Data", information in a specific repr esentation, usually as a sequence of
3 symbols that have meaning;
4 (2) "Department", the department of agricultur e;
5 (3) "Hyperscale data center", a facility that:
6 (a) Consists of one or mor e contiguous parcel s of land including, but not limited
7 to, a building, subsection, information technology , or other infrastructur e, fixtur e, or
8 personal prop erty located on the land;
9 (b) Is used to house, store , or operate equipment that rec eives, stor es, aggrega tes,
10 manages, pr ocesses, transforms, ret rieves, rese arches, or transmits data, or is necessary
11 for the pr oper operation of such equipment; and
12 (c) Requir es at least twenty-five megawatts of energy res ources to support its
13 operations;
14 (4) "Hyperscale data center pr operty", any real prop erty , or any tangible
15 pr operty associated with a hyperscale data center , which supports, constructs, outfits,
HB 3390 2
16 operates, powers, cools, dehumidifies, secures , or pro tects a hyperscale data center and
17 any relat ed substation. The term shall include, but not be limited to:
18 (a) Construction materials;
19 (b) Component parts;
20 (c) Machinery;
21 (d) Equipment;
22 (e) Computers;
23 (f) Computing devices;
24 (g) Information technology;
25 (h) Servers; and
26 (i) Installation, r edundancy , and operating or enabling software, including any
27 r eplacement, update, or new version or upgrade to or for such pr operty , r egardless of
28 whether the pr operty is a fixtur e or is otherwise affixed to or incorporated into the r eal
29 pr operty . The term also includes any energy or water res our ces supporting a hyperscale
30 data center;
31 (5) "Real pr operty", all lands, including impro vements and fixtur es ther eon, and
32 pr operty of any nature appurtenant ther eto, or used in connection ther ewith, and every
33 estate, intere st and right, legal or equitable, ther ein, including terms for years and liens
34 by way of judgment, mortgage or otherwise and the indebtedness secured by such liens;
35 (6) "W aters of this state", has the same meaning in section 306.101, including all
36 submerged lands or territorial waters that are not under the jurisdiction of this state.
37 2. On or after August 28, 2026, a hyperscale data center shall not be constructed
38 and operated on:
39 (1) Land classified as agricultural land under section 350.010;
40 (2) Land that, at the time of a pr oposed reclass ification, siting, or construction, is
41 located within ten miles of an are a of agricultural, rec reat ional, or conservation land
42 use; or
43 (3) W aters of this state, or any land that is located within five miles of waters of
44 this state.
45 3. Before the construction and operation of any hyperscale data center , in
46 addition to adopting any necessary comprehen sive plan amendments or land use
47 changes or issuing a consumptive use permit, the governing body of a political
48 subdivision shall hold a public hearing to appr ove the pr oject. The public hearing for
49 such appr oval shall be advertised in newspapers of general cir culation within the
50 political subdivision, and any affected political subdivision shall allow for public
51 comment. Notice shall also be sent by certified mail at least thirty days befor e the
52 hearing to each pr operty owner located within a ten mile radius of the rea l pr operty
HB 3390 3
53 associated with the pr oject. A true copy of the notice published shall be posted on the
54 r eal prop erty associated with the pr oject.
55 4. If a governing body of a political subdivision votes to appr ove a pr oject for a
56 hyperscale data center , the governing body of the political subdivision shall req uest
57 appr oval of such pr oject by the siting board established under section 67.5490.
67.5490. 1. As used in this section, the following terms mean:
2 (1) "Board", the siting board creat ed under this section;
3 (2) "Hyperscale data center", the same as defined in section 67.5485.
4 2. Ther e is here by established the "Hyperscale Data Center Siting Board". The
5 board shall consist of the governor , the lieutenant governor , the secr etary of state, the
6 state auditor , the state tr easure r , and the attorney general.
7 3. After August 28, 2026, upon rec eipt of a r equest by the governing body of a
8 political subdivision under subsection 4 of section 67.5485, the board shall have
9 published in the Missouri Register notice of the req uest. The board shall r equir e the
10 political subdivision seeking to construct and operate a hyperscale data center to notify ,
11 in writing or by email, each member of the general assembly repr esenting the county or
12 municipality in which the re al pr operty associated with the pr oject is located when the
13 notice is published.
14 4. The board shall schedule and hold a hearing no later than thirty days after the
15 date the notice is published in the Missouri Register and notice is pro vided to each
16 member of the general assembly rep res enting the county or municipality .
17 5. If the board does not appr ove a r equest at a hearing held under subsection 4,
18 the hyperscale data center shall not be constructed, and no appeal shall be granted.
386.1900. In fixing rates for hyperscale data centers, as such term is defined in
2 67.5475, a public utility shall not collect impact fees designed to recover capital costs for
3 the construction of a new hyperscale data center fro m a r esidential customer or a
4 commer cial customer , unless such customer's energy use is comparable to the project ed
5 energy use fr om the hyperscale data center .
620.3990. 1. As used in this section, the following terms mean:
2 (1) "Economic incentive", unless otherwise pr ovided by law , all progr ams
3 administer ed by , or for which an applicant for the pr ogram shall seek certification,
4 appr oval, or other action by the department of economic development; and all local
5 economic development pr ograms, grants, or financial benefits administered by a
6 political subdivision or an agent ther eof;
7 (2) "Governmental entity", a state agency , a political subdivision, or any other
8 public or private agency , person, partnership, corporation, or business entity acting on
9 behalf of any public agency;
HB 3390 4
10 (3) "Hyperscale data center", has the same meaning as in section 67.5475.
11 2. A governmental entity shall not knowingly enter into an agr eement or
12 contract for an economic incentive with an entity to support the siting, construction,
13 powering, or operation of a hyperscale data center .
14 3. Befor e pr oviding any economic incentive, a governmental entity shall requi re
15 the recipi ent or applicant to pr ovide the governmental entity with an affidavit signed
16 under penalty of perjury attesting that the recipi ent or applicant is not a hyperscale
17 data center .
18 4. The department shall adopt rules to administer this section, including rules
19 establishing the form for the affidavit r equir ed under subsection 3 of this section.
640.640. 1. For the purposes of this section, the following terms mean:
2 (1) "Applicant", any person applying for a major industrial water -user permit;
3 (2) "Beneficial uses", water uses that include, but ar e not limited to, domestic,
4 agricultural, industrial, recr eational, and other legitimate beneficial uses;
5 (3) "Department", the Missouri department of natural res ources;
6 (4) "Dir ector", the dir ector of the department of natural res our ces;
7 (5) "Major industrial water user permit", a permit issued by the department
8 granting the withdrawal of water fr om a water re source in the amount of two million
9 four hundred thousand gallons per day or mor e;
10 (6) "Person", any individual, partnership, copartnership, firm, company , public
11 or private corporation, association, joint stock company , trust, estate, political
12 subdivision, water district, or any agency , board, department, or bur eau of the
13 federal or any state government, or any other legal entity that is recog nized by law as
14 the subject of rights and duties;
15 (7) "W ater res ources" , any Missouri water source occurring on the surface, in
16 natural or artificial channels, lakes, res ervoirs, or impoundments, and in subsurface
17 aquifers which are available or which may be made available.
18 2. In order to pr otect the access, use, and enjoyment of Missouri's water
19 r esources , it shall be unlawful for any person to withdraw and use mor e than two
20 million four hundre d thousand gallons of water per day on average in a single month
21 unless such person holds a major industrial water user permit issued by the department
22 or such water is used for agricultural purposes.
23 3. The dir ector shall revie w each major industrial water user permit application
24 and all supporting materials to ensur e all the following conditions have been met prior
25 to appr oving a major industrial water user permit application:
26 (1) Ther e are water res our ces available in the volumes and withdrawal rates
27 r equested by the applicant;
HB 3390 5
28 (2) The volume and withdrawal rates r equested by the applicant shall not exceed
29 eighty per cent of the capacity of the water res ource;
30 (3) The volume and withdrawal rates requ ested by the applicant shall not
31 interfer e with existing and pr ojected in-state beneficial uses; and
32 (4) The applicant has demonstrated that water in the amounts and rates
33 r equested can feasibly be withdrawn.
34 4. Whenever a person applies for a major industrial water user permit or major
35 industrial water user permit rene wal, the department shall send a written notice to the
36 county commission of the county wher e the water re source is located within thirty
37 business days after r eceiving the permit application.
38 5. (1) W ithin one hundred twenty days after the recei pt of a complete
39 application, the dir ector shall determine whether the applicant complied with the
40 pr ovisions of subsection 3 of this section. The director shall, after making such
41 determination, hold a thirty-day public comment period reg arding the director's
42 determination. W ithin sixty days after the comment period, the dir ector shall appr ove
43 or deny the permit.
44 (2) T o renew a valid major industrial water user permit, an applicant shall file a
45 r enewal application for a major industrial water user permit with the department no
46 later than two hundr ed seventy-one days prior to the expiration of the existing permit.
47 The applicant and dir ector shall follow the same pro cedur es and timelines as r equir ed
48 for the issuance of a new major industrial water user permit under this section. The
49 dir ector may impose additional conditions to addr ess any substantial or material change
50 in factors under subsection 3 of this section or may deny a r enewal application as
51 necessary to comply with this section based on any such substantial or material changes
52 in factors under subsection 3 of this section. If the dir ector is in the process of r eviewing
53 the renewa l application before the final decision is made and the existing applicant's
54 major industrial water user permit expir es, such applicant shall be able to operate
55 under the terms of the expir ed permit until a final decision is made by the dir ector on
56 the renew al of such permit.
57 (3) In the absence of an appeal as pr ovided under chapter 536, the decision of the
58 dir ector shall be final.
59 6. A major industrial water user permit shall be in effect for five years fr om the
60 date of issuance. The permit holder shall annually repor t the water use volumes and
61 withdrawal rates to the department in a manner and on timelines determined by the
62 department. Such rep ort shall be made available to the public on the department's
63 website.
HB 3390 6
64 7. The major industrial water user permit may be appr oved in whole or in part
65 by the direc tor .
66 8. Any other major water user , as defined in section 256.400, may request the
67 department to r eevaluate any existing major industrial water user permit using the
68 criteria under subsection 3 of this section. The department shall crea te a mechanism for
69 a major water user to submit a req uest for reev aluation and shall pr ovide the major
70 water user with the director's findings within one hundred twenty days of the req uest
71 for reev aluation. After ree valuating the permit, the dir ector shall impose additional
72 conditions necessary for the continued withdrawal if the director determines that the
73 existing permit is negatively impacting the req uesting major water user's beneficial use
74 of his or her water r esources . The dir ector's decision to modify or to decline to modify
75 the conditions in an existing permit pursuant to this subsection shall be subject to
76 appr oval by the commission.
77 9. Nothing in this section shall pr eclude a person fro m bringing any
78 constitutional, statutory , or common law claim to vindicate or otherwise defend the
79 person's water rights. A permit issued under this section shall not serve as a defense to
80 any claim br ought against a major industrial water user permit holder for the
81 infringement of water rights. In addition, any person harmed by the issuance of a major
82 industrial water user permit may bring an injunctive action or other appr opriate action
83 to enforce the pr ovisions of this section. Suits may be br ought in the county wher e the
84 defendant's principal place of business is located or wher e the withdrawal of water
85 occurr ed in violation of this section.
86 10. If the attorney general receiv es a complaint that pro visions of this section
87 have been violated, or at the r equest of the department, the attorney general shall bring
88 an injunctive action or other appr opriate action in the name of the people of the state to
89 enfor ce provi sions of this section. Suit may be br ought in Cole County , or in any county
90 wher e the defendant's principal place of business is located or wher e the withdrawal of
91 water occurr ed in violation of this section. Any member of the commission deemed to
92 have violated any pr ovision of this section shall forfeit their office upon such finding of a
93 violation.
94 1 1. Whenever a state of emergency is declar ed by the governor under section
95 44.100 for all or any part of the state based on dr ought conditions, the department shall
96 r eevaluate any existing major industrial water user permit. Any r eevaluation
97 completed under this section shall use the criteria under subsection 3 of this section.
98 After ree valuation of the permit is complete, the department shall have the authority to
99 impose additional conditions or r evoke the permit if necessary for the continued
HB 3390 7
100 withdrawal of water if the dir ector determines that the existing permit negatively
101 impacts beneficial use of water res our ces.
102 12. If any pro vision of subsection 3 of this section or the application ther eof to
103 anyone or to any circ umstance is held invalid, the r emainder of those sections and the
104 application of such pr ovisions to others or other cir cumstances shall not be affected
105 ther eby .
✔
HB 3390 8