Michigan data center and energy bills

What it would do: Requires covered utilities to submit tariffs or contracts for new or expanding data centers and large energy use facilities (20+ megawatts) to the commission or governing board for approval, with specified requirements including minimum 20-year contracts, collateral, demand response participation, clean energy procurement, and cost recovery mechanisms.

What it would do: Prohibits public employees and public officers from entering into nondisclosure agreements related to data center projects, with exceptions for privileged information, legally prohibited disclosures, and litigation settlements. Violators face civil fines up to $1,000.

What it would do: Prohibits construction or operation of data centers in Michigan unless the owner or operator files an application with the local unit of government, obtains approval of a community benefit agreement within 90 days, and enters into that agreement. Allows local units of government to deny permits or authorizations for data centers lacking approved community benefit agreements.

What it would do: Requires data centers undertaking new construction or expansion projects requiring local approval to submit disclosure statements detailing projected energy and water usage, job creation, incentives received, and utility costs. Imposes civil fines up to $10,000,000 for materially false statements and penalties for missing job projections.

What it would do: Requires developers or operators of large-scale data centers to submit thermal impact assessments to the Michigan Public Service Commission at least 120 days before construction begins and obtain a certificate of completeness, with civil fines up to $10,000 per day for violations.

What it would do: Requires data center owners or operators to procure clean or renewable energy equivalent to 100% of annual energy use by January 1, 2040, through on-site generation, power purchase agreements, or commission-approved instruments. Imposes civil fines up to $10,000 per day for violations.

What it would do: Allows digital asset mining as a permitted use in industrial zones without special approval. Prohibits local governments from imposing sound or zoning restrictions on digital asset mining businesses that differ from those applied to data centers in the same district.

What it would do: Allows the state treasurer to invest up to 10% of available funds from the general fund and countercyclical budget and economic stabilization fund in cryptocurrency, held through secure custody, qualified custodians, or exchange-traded products, with authority to loan cryptocurrency if it does not increase financial risk.

What it would do: Requires the Michigan Public Service Commission to publish annual reports by July 1, 2027 and thereafter containing total water and energy usage data for each data center in each public water supply's service area, with public water supplies submitting water usage data to the commission by June 1 each year.

What it would do: Requires the Public Service Commission to establish large-load commercial rates for data centers within 180 days, mandating 15-year contracts, minimum monthly billing charges based on 60% of contracted demand, early termination fees, and 24-month collateral, with all generation and distribution costs borne by the data center.

What it would do: Requires data center owners or operators to obtain approval of community benefit agreements from both the local unit of government and the Michigan Public Service Commission before beginning construction or operation, with agreements addressing at least 50% of specified topics including local hiring, water usage, infrastructure costs, and community investments.

What it would do: Prohibits persons from beginning construction or operating a data center unless it uses a closed-loop cooling system or only municipal water. Subjects violators to civil fines up to $1,000,000 per day and authorizes the Michigan Public Service Commission to promulgate implementing rules.

What it would do: Requires applications for data center building permits to include an acoustic engineering report documenting baseline ambient noise, projected operational and construction noise, and comparisons to local noise ordinances or national standards. Requires enforcing agencies to provide the report to the Michigan Public Service Commission and local government before issuing a permit.

What it would do: Prohibits elected officials of political subdivisions and data center owners from entering into nondisclosure agreements when a political subdivision contracts with a data center owner for construction in exchange for tax incentives, while allowing redaction of intellectual property information.

What it would do: Requires the Michigan Public Service Commission to approve tariffs, rates, or contracts between data centers and electric utilities only if they include decommissioning plans with financial assurance ensuring the data center property is restored to its pre-construction condition, with the commission reviewing financial assurance every 3 years.

What it would do: Requires the Public Service Commission to review as a contested case any contract between a covered utility and a large-load data center that provides preferential rates materially deviating from standard tariffs, and prohibits implementation until the commission issues a final approval order.

What it would do: Creates the Data Center Planning and Responsibility Act, establishing requirements for local governments to impose moratoriums on large-scale data centers and cryptocurrency mining facilities, including procedural requirements, duration limits, and provisions for zoning ordinance amendments during moratoriums.

What it would do: Creates the Data Center Overlay Districts Act, allowing local units of government to establish zoning overlay districts for data centers with special regulations, conditions, and requirements to address local impacts including energy, water, utilities, noise, traffic, and infrastructure.

What it would do: Requires persons operating data centers to implement risk-based cybersecurity and resilience programs aligned with NIST frameworks, maintain incident response and disaster recovery plans, and use specified safety systems. Violators face civil fines up to $25,000 per day.

What it would do: Amends the property tax exemption for nonprofit institutions to prohibit the exemption from applying to real or personal property of a public university used solely to operate a data center, defined as a facility housing computing and related infrastructure for third-party commercial data processing.