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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 784
2025-2026
Representatives Cockley, Lett
Cosponsors: Representatives Rader,
Miller, J., Abdullahi, Troy
To
enact sections 9.484 and 1521.301 of the Revised Code
to
require data centers to report monthly and yearly water consumption
and to prohibit data centers from including water consumption
information in nondisclosure agreements with political subdivisions.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 9.484 and 1521.301 of the Revised Code be enacted to read as
follows:
Sec.
9.484.
(A)
As used in this section:
(1)
"Nondisclosure agreement" means an agreement or contract
that includes a provision or clause that prohibits an elected or
appointed official of a governing body of a political subdivision or
an employee of a political subdivision from disclosing, discussing,
describing, or commenting on matters related to the person's official
duties or activities related to the political subdivision.
(2)
"Data center" has the same meaning as in section 1521.301
of the Revised Code.
(3)
"Employee" and "political subdivision" have the
same meanings as in section 2744.01 of the Revised Code.
(B)
No person authorized to enter into an agreement or contract on behalf
of a data center shall enter into a nondisclosure agreement that
includes a term that prohibits a political subdivision from
commenting on information regarding a data center's water consumption
and use.
(C)
A person that violates division (B) of this section is subject to a
civil fine of not more than one thousand dollars. The attorney
general may bring an action to collect the fine.
(D)
An agreement or contract entered into in violation of this section is
void and unenforceable.
Sec.
1521.301.
(A)
As used in this section, "data center" means a centralized
facility used primarily or exclusively for electronic information
services such as the management, storage, processing, and
dissemination of electronic data and information through the use of
computer systems, servers, networking equipment, and related
components.
(B)
A data center that withdraws waters of the state in any amount shall
accurately measure and track such water consumption and usage in
accordance with rules adopted by the chief of the division of water
resources.
(C)
A data center shall submit to the chief a report each month, in a
manner determined by the chief, that specifies the data center's
total water consumption for the previous calendar month, the maximum
amount consumed each day, the water sources, whether the consumption
was intended for cooling or another application, and any other
information as the chief may require by rule.
(D)
In addition to the reporting requirements under division (C) of this
section, a data center shall submit an annual report to the chief not
later than the first day of February each year. The annual report
shall include all of the following:
(1)
The data center's total water consumption for the previous calendar
year;
(2)
A description of any measures undertaken by the data center in the
previous calendar year to improve efficiency and reduce water
consumption.
(E)
The chief shall prepare an annual report that compiles data received
in accordance with divisions (C) and (D) of this section from the
previous year. The chief shall submit the annual report to the house
of representatives and senate committees that consider natural
resources legislation within thirty days after preparing such report.
(F)
The chief shall adopt rules in accordance with Chapter 119. of the
Revised Code to administer and enforce this section.