Record · State legislation
H.B. No. 983, 136th Ohio General Assembly — As Introduced. The "Data Center Accountability and Citizen Protection Act." Enacts a new R.C. Chapter 3744 imposing air/wastewater discharge standards on data-center and associated-power-plant cooling systems, a local citizen-vote requirement, water-supply liability, grid-independence, and a local tax-incentive ban; and amends R.C. 9.66 to strip the confidentiality of data-center development-and-supply agreements.
hb983-3744
provenance
- source data/documents/legal/datacenter-legislation/hb983_00_IN.pdf
- canonical ohio-hb983-136ga-as-introduced-datacenter-3744-2026.pdf
- sha256 ff8b8fc736ba5fc7f0f9a80d63afa231e310df0d17f9537b76d0452f6286d8c7
- pages 21
- content_verified 2026-07-31
- version As Introduced
- general_assembly 136th (2025-2026)
- introduced 2026-07-28
- note Provision reads below are tagged [verified] — they trace to the cited section and printed page of the bill text (printed page N equals PDF page N for this document). The relevance-to-the-corpus synthesis is tagged [inference]; unresolved questions (enacted text, whether the bill advances, definitional edges) are [open]. R.C. 9.66's strike/underline amendatory markup is lost in the plain text layer; verify exact new-vs-existing wording against the source PDF and against existing R.C. 9.66 before quoting in a filing. This is a single as-introduced version — there is no introduced->passed diff to track yet.
versions_ingested
- version As Introduced
- file data/documents/legal/datacenter-legislation/hb983_00_IN.pdf
- sha256 ff8b8fc736ba5fc7f0f9a80d63afa231e310df0d17f9537b76d0452f6286d8c7
- pages 21
- bill H.B. No. 983
- cosponsors 4
bill
- number H.B. No. 983
- short_title Data Center Accountability and Citizen Protection Act
- title To amend section 9.66 and to enact sections 3744.01 through 3744.12 of the Revised Code to impose various requirements concerning data centers, to name this act the Data Center Accountability and Citizen Protection Act, and to declare an emergency.
- primary_sponsors
- Rep. Gross
- Rep. Teska
- cosponsors
- Rep. Barhorst
- Rep. Mullins
- Rep. Dean
- Rep. Swearingen
- emergency
- tag verified
- section Section 4
- location printed p. 21
- note Declared an emergency measure; would take immediate effect ON PASSAGE (requires a two-thirds vote of each house). It has NOT passed — only "Introduced" was recorded at capture — so the immediate-effect clause is prospective, not operative. [open: whether the bill advances at all.]
- vehicle Amends R.C. 9.66 in the standard Ohio amendatory form (Section 1 re-enacts the section with a new division (D)(2); Section 2 repeals the existing section — NOT a wholesale repeal of 9.66) and enacts a new Chapter 3744 (sixteen sections).
definitions
- tag verified
- section R.C. 3744.01
- location printed pp. 4-6
- key_terms
- data_center One or more buildings/facilities/infrastructure on a single parcel or contiguous/ aggregated parcels used primarily or exclusively for digital information services (management, storage, processing, dissemination of electronic data) OR virtual currency mining, with a PEAK ELECTRIC LOAD EXCEEDING ONE MEGAWATT. The 1 MW floor and the crypto-mining inclusion are the scope gates for every downstream duty.
- expanded_data_center An existing data center seeking to add buildings/infrastructure housing server components with a peak load >1 MW. Expressly EXCLUDES expansions needed to build an on-site water-treatment facility sized to meet state wastewater-discharge requirements (i.e., adding compliance treatment capacity is not a triggering "expansion").
- associated_power_generating_facility An electric generating facility built primarily to supply electricity to a data center. Pulled into nearly every data-center duty in the chapter (the vote, the permit bars, the discharge/emissions regime, the water-burden liability).
- closed_loop_system A sealed cooling/heat-removal system whose working fluid does not contact the ambient atmosphere and does not expose/emit/discharge air, water vapor, or wastewater to outdoor air/water/soils, except during scheduled maintenance/repairs.
- open_loop_system A cooling/heat-removal system that directly exposes/emits/discharges air, water vapor, or wastewater to the ambient atmosphere. Open-loop is the trigger for the harshest existing-facility duties (Sec. 3744.04(D) permit revocation; 3744.041 air-assessment; 3744.042 controls).
- voter_approved_data_center A data center approved by a citizen vote under Sec. 3744.02.
- note "Best available control technology," "wastewater treatment facility," and the metals/glycols/organics (incl. PFAS) chemistry are used throughout but not separately defined here; the standards are delegated to director rulemaking (Sec. 3744.03).
section_9_66_amendment
- tag verified
- section R.C. 9.66(D)
- location printed p. 4 (new (D)(2)); Section 2 repeal at printed p. 21
- existing_lever Existing R.C. 9.66(D) makes individualized compensation/payroll information submitted to a political subdivision, port authority, or tax-incentive-review council by an applicant/recipient of economic-development assistance CONFIDENTIAL and not a public record under R.C. 149.43. This is the "sibling confidentiality lever" the H.B. 314 records-legislation digest flags and the select-committee-2026 record covers as part of the R.C. 9.66(D) dispute.
- change
- tag verified
- division (D)(2) [new]
- finding NEW carve-out FROM the confidentiality: "Division (D)(1) of this section does not apply to any development and supply agreement related to a data center or associated power generating facility." Read with Sec. 3744.10, this switches OFF the 9.66(D) confidentiality for exactly the class of agreements a data-center deal runs through.
- direction transparency-expanding
- drafting_note The as-passed text renumbers existing (D) to (D)(1) (the plain text layer shows the artifact "(D)(D)(1)"); the operative existing language is unchanged and the only substantive addition is (D)(2). Verify against current R.C. 9.66 before quoting.
chapter_3744
- citizen_vote
- tag verified
- section R.C. 3744.02
- location printed pp. 6-8
- summary A CITIZEN VOTE is required before any new or expanded data center (INCLUDING its associated power generating facility) may be approved, in EVERY city, village, or township located within FIVE MILES of the proposed perimeter.
- mechanics
- The owner submits a written approval request to the local legislative authority / township trustees, with a plain description of facility type, size, location, associated power infrastructure, closed-loop-system details, and projected noise/light emission levels and range. [(B)]
- The legislative authority/trustees certify the question to the board(s) of elections of every county containing a jurisdiction within 5 miles; the question goes to electors at the next election held at least NINETY DAYS after certification. [(C)]
- A SIMPLE MAJORITY of votes cast approves. [(D)]
- The ballot must plainly describe the facility and be posted on the board of elections web site at least 30 days before the election. [(E)]
- Except per (K), the vote must occur BEFORE any permit, zoning approval, or development-and-supply agreement is executed; approvals or permits granted without a completed vote are VOID. [(F)]
- Approval under this section is required in ADDITION to (and before) any local zoning; approval does not guarantee the center may operate. [(G)]
- No emergency order, administrative action, or development agreement may substitute for or circumvent the vote. [(H)]
- After a rejection, the owner may not resubmit for TWO YEARS. [(I)]
- An official who authorizes development/expansion without the vote is guilty of misconduct in office under R.C. 3.07; a zoning-board member who does so is subject to immediate removal. [(J)]
- carve_out
- division (K)
- finding Does not apply to a new/expanded center already under ACTIVE CONSTRUCTION with all required permits before the effective date. A center that has all permits but has NOT begun construction must CEASE until it obtains voter approval; if later approved, previously issued director-of-EPA permits remain valid so long as it stays compliant.
- epa_rulemaking
- tag verified
- section R.C. 3744.03
- location printed pp. 8-10
- summary Within ONE YEAR, the director of environmental protection shall adopt Chapter 119 rules setting air-emission and wastewater-discharge safety standards and limits for data centers and associated power plants, IN ADDITION to existing R.C. Ch. 3704 (air) and 6111 (water) standards.
- mechanics
- Standards for the discharge/emission of all NONREGULATED metals, glycols, and organics — INCLUDING PFAS — used in or produced by cooling systems/towers or present in discharged wastewater. [(A)(1)]
- Wastewater and air sampling/testing requirements. [(A)(2)]
- Attached air-cleaning and emissions-control facility requirements. [(A)(3)]
- Best-available-control-technology (BACT) standards. [(A)(4)]
- Any other limits the director deems necessary. [(A)(5)]
- Standards must be posted on the EPA web site. [(B)]
- The director SHALL NOT issue any operating/discharge/emissions permit to a center or power plant that does not meet these rules, and shall NOT grant any waiver or exemption. [(C)]
- existing_centers_duties
- tag verified
- section R.C. 3744.04
- location printed pp. 10-11
- summary Beginning EIGHTEEN MONTHS after the effective date, an existing data center may not discharge wastewater without an attached treatment facility ensuring compliance, and may not operate unless it (and any associated power plant/equipment) uses BACT for metals and organics including PFAS (activated carbon and ion exchange to be considered in the BACT review). [(B)]
- mechanics
- Existing centers must comply with all chapter air/water standards and are subject to penalties, including Sec. 3744.08 and R.C. Ch. 3704/6111. [(C)]
- The director SHALL REVOKE an existing center's or power plant's permit(s) if it (1) operates an OPEN LOOP SYSTEM and (2) is out of compliance with (B) or any chapter/permit standard. [(D)]
- existing_open_loop_air_assessment
- tag verified
- section R.C. 3744.041
- location printed pp. 11-12
- summary An existing OPEN-LOOP center must complete an independent air-quality and public-health impact assessment within 90 days and annually thereafter, and conduct independent biologic testing of cooling-tower emissions twice a year (May/June and Sept/Oct). The assessing entity is selected and supervised by the director; results are submitted within 30 days and posted; the OWNER pays all costs.
- existing_open_loop_power_controls
- tag verified
- section R.C. 3744.042
- location printed p. 12
- summary Within 18 months, the owner of an existing OPEN-LOOP associated power plant must install and use attached air-cleaning and emissions-control facilities per the Sec. 3744.03 rules.
- voter_approved_center_permitting
- tag verified
- section R.C. 3744.05
- location printed pp. 12-14
- summary For a voter-approved NEW/expanded center (and its power plant — including a combustion turbine, natural-gas plant, or other generation built primarily to serve it), the director SHALL NOT issue an operating/discharge/emissions permit unless the center and facility (1) use a CLOSED-LOOP system and (2) comply with the chapter and rules. [(A)]
- mechanics
- No operation without an attached wastewater-treatment facility ensuring compliance. [(B)]
- No permit-to-install under R.C. Ch. 6111 without an owner-submitted plan describing the design and expected wastewater discharges. [(C)]
- Post-construction wastewater-discharge testing (incl. the power plant) must be provided to the director BEFORE the NPDES permit issues and before full operations. [(D)]
- All required testing results must be authenticated by the CEO's signature; a false certification of a PILOT-SCALE test result is falsification under R.C. 2921.13 and exposes the CEO to criminal prosecution. [(E)]
- Owner must use BACT and minimize water consumption using best available methodologies. [(F)]
- Owner is subject to Sec. 3744.08 and R.C. Ch. 3704/6111 penalties. [(G)]
- permit_specification
- tag verified
- section R.C. 3744.06
- location printed pp. 14-15
- summary A permit-to-install issued under R.C. Ch. 3704 or 6111 to a data center or power plant must specify (A) all applicable discharge/emission limits, INCLUDING for chemicals that were previously non-regulated, and (B) that non-compliance exposes the owner to Sec. 3744.08 and Ch. 3704/6111 penalties.
- chemical_disclosure
- tag verified
- section R.C. 3744.061
- location printed pp. 15-16
- summary A data-center owner must disclose ALL chemicals, cooling agents, and wastewater-treatment substances (and their concentrations, and any changes) to (1) the director and (2) the local legislative authority; both must publicly post the disclosures on their web sites before operations begin and before any change.
- mechanics
- All discharged wastewater must meet the Sec. 3744.03 safety/discharge standards for all contained chemicals before discharge. [(C)]
- An INDEPENDENT third-party water-testing company selected and supervised by the director must test before any discharge or recycling; results are submitted within 30 days and posted within 30 days. [(D)]
- The OWNER pays all testing/assessment/monitoring costs. [(E)]
- metering_and_sampling
- tag verified
- section R.C. 3744.062
- location printed p. 16
- summary The owner must install meters monitoring chemical-additive levels in non-contact water supplies, sample wastewater discharge and air emissions WEEKLY (may sample continuously), and adjust chemical levels accordingly. Associated-power-plant cooling emissions must be sampled in spring and fall to control biologics including Legionella.
- water_supply_burden
- tag verified
- section R.C. 3744.07
- location printed pp. 16-18
- summary If a data center or power plant places a burden on the LOCAL WATER SUPPLY that reduces water pressure or supply to any residence/business within a FIVE-MILE RADIUS, the owner bears FULL financial responsibility for correcting the impact AND pays a fine of $5,000 PER DAY until resolved.
- covered_costs
- Water-infrastructure upgrades to restore pressure. [(A)(1)]
- Water towers / storage facilities. [(A)(2)]
- Temporary water-supply measures during construction/operations. [(A)(3)]
- Costs related to negative impacts on AQUIFERS serving public/private entities. [(A)(4)]
- Full reimbursement to any municipality/township/water district for expenditures addressing the impact. [(A)(5)]
- mechanics
- The owner must take BASELINE water-pressure and supply measurements before construction and submit them to the ODNR Division of Water Resources chief. [(B)]
- REBUTTABLE PRESUMPTION: the owner is responsible for any burden if, at any time within the 5-mile radius, measured pressure/supply is below the submitted baseline; the owner bears the full burden of rebutting it. [(C)]
- enforcement_and_penalties
- tag verified
- section R.C. 3744.08
- location printed pp. 18-19
- summary A graduated enforcement ladder for exceeding any federal or state discharge/emission standard (including the newly established limits for previously unregulated chemicals).
- mechanics
- Written warning on exceedance; owner must correct within 10 business days and report within 10 business days. [(A)(1)-(3)]
- Fine of NOT LESS THAN $10,000/day until compliant, collected by the director and disbursed EVENLY to municipalities/townships within 5 miles that are in violation of the safe levels, into their general funds. [(A)(4)]
- If still non-compliant after 10 days, the fine rises to $25,000/day (same disbursement). [(B)(1)]
- The director issues written notice that operating permits will be revoked if not compliant within 30 days. [(B)(2)]
- After 30 days' notice, non-compliance on wastewater -> the director SHALL REVOKE the NPDES permit (R.C. Ch. 6111); on air -> revoke the permit to operate (R.C. Ch. 3704). [(B)(3)-(4)]
- grid_independence
- tag verified
- section R.C. 3744.09
- location printed pp. 19-20
- summary All voter-approved data centers and the expanded portions of expanded centers must generate 100% of their own electricity via on-site/off-grid associated power facilities [(A)], be built and operated FULLY INDEPENDENTLY OF THE PUBLIC GRID [(B)], and Ohio RATEPAYERS SHALL BEAR NO COST associated with the center's power generation or grid infrastructure under any circumstances [(C)].
- development_agreement_disclosure
- tag verified
- section R.C. 3744.10
- location printed p. 20
- summary Full public disclosure of ALL development-and-supply agreements is required; all such agreements are public records under R.C. 149.43 WITHOUT EXCEPTION; R.C. 9.66(D)(1) does not apply to them; no public official may be penalized for disclosing one; and any such agreement in effect before passage is VOID after passage, with that information available via public-records request. (The operative pair with the Sec. 9.66(D)(2) carve-out.)
- revolving_door
- tag verified
- section R.C. 3744.11
- location printed p. 20
- summary No person who participated in drafting/revising OPSB or PUCO rules may represent any applicant before those bodies for three years; and no person who represented a data-center or power-plant applicant may take any position at OPSB, PUCO, or a related state agency for three years.
- tax_incentive_ban
- tag verified
- section R.C. 3744.12
- location printed pp. 20-21
- summary No political subdivision may authorize a LOCAL TAX INCENTIVE (the abatement/exemption programs under R.C. Ch. 725, 1728, and the 5709 CRA/TIF/enterprise-zone sections) for a data center or power plant on or after the effective date; a violating authorization is VOID [(B)]. Neither the tax commissioner nor a county auditor may approve a data-center tax exemption under R.C. 5715.27 on or after the effective date [(C)].
related
- R.C. 9.66 — the amended section; the confidentiality lever also covered in the select-committee record and the HB 314 digest
- R.C. Chapter 3744 — the enacted chapter (this bill)
- R.C. 149.43 — the Public Records Act that Sec. 3744.10 routes data-center agreements into; corpus refs in docs/legal/mandamus-analysis.md
- data/extracted/legal/select-committee-2026/witness-submissions.digest.yaml — the parallel 136th-GA data-center hearing record (R.C. 9.66(D) repeal, DCTE subsidy, ratepayer-cost dispute)
- data/extracted/legal/records-legislation/hb314-149-43.digest.yaml — the sibling records-legislation read; shares the R.C. 9.66(D) / 149.43 confidentiality lever
- docs/legal/mandamus-analysis.md — the PRR mandamus posture the transparency provisions bear on
Where it connects
legal/datacenter-legislation/hb983-3744.digest.yaml · — · legal