House of Representatives approves amended data center certification bill after hours of debate on cooling, local control and farmland protections

The House of Representatives agreed to an amended version of House Bill 26 50 on June 23, creating a temporary "responsible infrastructure development" certification for data centers and adding criteria intended to address local impacts.

Representative Webster, the bill's sponsor, said the changes add enforceable criteria "around noise, water, and community benefit agreements" to ensure municipalities exposed to data center development have tools to require mitigation and local compensation. "There is criteria in there, noise, water, and community benefit agreements that are enforceable as part of House Bill 26 50," Webster said.

During several hours of floor amendments and debate, lawmakers adopted a series of technical and substantive changes. Representative Vanzo offered an amendment requiring closed-loop cooling systems for data center cooling; Webster supported the change and the amendment was adopted by recorded vote. Webster said the closed-loop requirement would strengthen water protections for communities that host data center projects.

Other proposals failed or were set aside. Representative Walsh's attempt to repeal a sales-and-use tax exemption tied to the certification was rejected on a recorded vote (ayes 97, nays 105). Representative Williams proposed an amendment requiring data centers to bring their own generation and pay grid-infrastructure costs; Williams said it would "require data centers to bring their own generation and pay for their own infrastructure," arguing that failing to do so shifts costs to ratepayers. The maker of the bill replied that the underlying language already addresses generation requirements; the amendment failed on a recorded tie reflected in the transcript (ayes 101, nays 101).

Representative Brown offered an amendment to bar projects seeking grid certification from siting on prime agricultural soils and argued the amendment —strikes a reasonable balance— between growth and farmland protection. Representative Schlossberg moved to table that amendment under House Rule 59, citing a need for more community feedback; the motion to table passed (ayes 102, nays 100) and the amendment was laid on the table.

Later in the debate, Webster offered language clarifying enforceable requirements for noise, water, and community benefit agreements; that package of amendments was adopted (recorded ayes 197, nays 5), and the bill was agreed to as amended and will be reprinted for final processing.

The floor debate included repeated exchanges about the certainty and scope of obligations the certification imposes on data center operators, local control for municipalities, potential impacts on electricity markets and ratepayers, and protections for agricultural land. The House concluded its business and the bill will proceed to subsequent steps as reprinted.