HR 8488
AI Data Center Site Selection Transparency Act of 2026
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Bill overview
This bill, the AI Data Center Site Selection Transparency Act of 2026, requires developers of AI-focused data centers to publicly disclose key information about their planned facilities before construction begins. This includes the location, estimated resource needs, and potential environmental impact, and developers must engage local media, post on social media, and provide materials in multiple languages. The Federal Trade Commission will enforce these requirements, treating violations as unfair or deceptive practices.
Key provisions
- Developers must disclose the location and estimated resource/environmental impact of AI-focused data centers 180 days before construction.
- Developers must engage local media, post on social media, and provide multilingual materials.
- Developers must limit the use of non-disclosure agreements during the site selection process.
- Joint disclosures are required for multiple developers working on a single data center.
- An independent third party must conduct an environmental impact analysis.
- Violations of disclosure requirements are treated as FTC violations.
- The FTC has broad enforcement powers to address violations.
- Defines key terms such as ‘AI-focused data center,’ ‘developer,’ ‘operator,’ and ‘owner’.
Who is affected
- AI data center developers
- Local elected officials
- The public
- The Federal Trade Commission
- Communities near proposed data center locations
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Eleanor Holmes [D-DC-At Large] Norton
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119th CONGRESS — 2d Session
H. R. 8488
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require developers of AI-focused data centers to disclose certain information before the AI-focused data centers are developed, and for other purposes.
This Act may be cited as the AI Data Center Site Selection Transparency Act of 2026
.
A covered entity that intends to establish, operate, or own an AI-focused data center shall do the following:
the location at which the AI-focused data center would be established; and
the estimated—
resources needed to establish the AI-focused data center; and
environmental impact of the AI-focused data center;
Ensure that the developer does the following:
Posts on social media.
Sends direct mail notices in the affected area.
Posts physical signage at the proposed site.
Provides materials in multiple languages, including English, Spanish, and other commonly spoken languages in the affected area.
Not use a non-disclosure agreement with respect to a government entity or public resources.
In this section:
The commencement of substantial on-site physical improvements, including grading, excavation, or the installation of specialized utilities, such as fiber-optic trunk lines or industrial cooling systems.
The submission of final site plan applications or the receipt of critical environmental permits required specifically for large-scale computing operations.
The issuance of non-cancelable purchase orders for long-lead infrastructure items, such as industrial-scale generators, chillers, or high-density power distribution units.
direct effects,
indirect effects, and
cumulative effectsshall have the meanings given such terms in the regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as published in the Federal Register and in effect on the date of enactment of this Act.
Obligates a party (the Recipient
) to maintain the confidentiality of specific, sensitive, or proprietary information disclosed to the Recipient by another party (the Discloser
).
Prohibits the Recipient from sharing, publishing, or otherwise communicating any such information to any person not expressly authorized by the terms of the agreement.
Identifies the specific categories of the information (such as trade secrets, business negotiations, or client data) and the timeframe for which the obligation of secrecy remains in effect.
Subjects the breaching party to legal remedies, which may include monetary damages, injunction, or other equitable relief, as provided by law or the terms of the agreement.
Statemeans each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.
covered entitymeans any developer, operator, owner, or any combination thereof, that intends to establish, operate, or own an AI-focused data center that is engaged in, or whose activities substantially affect, interstate or foreign commerce, including through the transmission, processing, storage, or exchange of data across State lines or national borders, the procurement of goods or services in interstate commerce, or participation in interstate markets for computing infrastructure, energy, or digital services.
developermeans any person or entity that initiates, finances, manages, or oversees the planning, site selection, permitting, or construction of an AI-focused data center.
operatormeans any person or entity responsible for the day-to-day management, maintenance, or functioning of an AI-focused data center, including the administration of computing infrastructure, utilities, or facility systems.
ownermeans any person or entity holding legal title to, leasehold interest in, or controlling ownership stake in the real property, infrastructure, or computing assets comprising an AI-focused data center.