New Michigan bills would regulate large-scale data center construction

Michigan state Representatives, led by Democrat Reggie Miller, have introduced two companion bills, House Bills 6251 and 6252, to regulate large-scale data center development across the state. The legislation, introduced on August 26, would mandate comprehensive state reviews for new data center constructions, expansions, or major modifications.

HB 6251, named the "Data Center Energy Infrastructure and Thermal Management Evaluation Act," would require data center developers to submit evaluations on electricity demand, water use, cooling systems, and public infrastructure impacts to the Michigan Public Service Commission (MPSC). The MPSC would then issue a certificate of completeness, valid for 24 months, after reviewing the evaluation, which must be submitted 120 days prior to construction. Key details like electrical demand and cooling descriptions would be publicly accessible.

HB 6252, the "Data Center Thermal Impact and Community Protection Act," would require a thermal impact assessment from developers to be submitted to the MPSC, also 120 days before construction. This assessment would detail potential heat and microclimate effects, and like HB 6251, would result in a certificate of completeness from the MPSC after an administrative review. The bill explicitly states it does not create new state or local land-use approval authority. It also requires a post-construction certification to ensure adherence to the assessment, with public access to study areas and mitigation alternatives. The bills aim to ensure that the rapid growth of the data center industry in Michigan, exemplified by projects like the 575-acre campus in Saline Township involving Oracle and OpenAI, is managed with environmental and infrastructure considerations.