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Bill Summary · HB 2239

Overview

Missouri House Bill 2239, introduced in the 2026 session, establishes the Artificial Intelligence Data Center Environmental Accountability Act. The measure creates mandatory environmental reporting and cooling-system requirements for AI-optimized data centers meeting or exceeding 100 megawatts of IT load, with applicability to new facilities and certain existing facilities undergoing substantial capacity increases after August 28, 2027. The Department of Natural Resources (DNR) would administer the program, publish reports, and enforce penalties for violations.

Main purpose and intent

  • To promote environmental stewardship and public health in relation to large AI-optimized data centers.
  • To monitor and disclose water use, energy use, emissions, waste, and community health impacts.
  • To provide transparency to the public through annual reporting and public access to data.

Key provisions and changes

  • Definitions:
    • AI-optimized data center: facility focused on AI model training/inference using accelerators (GPUs/TPUs) with a combined IT load of ≥100 MW.
    • Closed-loop water cooling system: sealed, recirculating system minimizing withdrawal/discharge from natural sources.
    • Environmental and health report: annual public report on water, air, energy, waste, and community health.
    • Operator: entity responsible for daily data-center operations.
  • Applicability:
    • New or expanded AI-optimized data centers constructed, expanded, or permitted on/after Aug 28, 2027 with ≥100 MW capacity.
    • Existing centers undergoing a capacity increase of ≥25% after Aug 28, 2027 that results in total capacity ≥100 MW.
  • Operational requirements for each covered center:
    • Implement a closed-loop cooling system or an approved alternative that achieves equal or lower water withdrawal/discharge intensity per megawatt-hour.
    • Continuous monitoring of make-up water volume, discharge temperature, and chemical concentrations.
    • Maintain emergency and redundancy protocols to prevent thermal pollution or water contamination during failures.
  • Reporting obligations (due by April 1 each year for the preceding year):
    • Total water withdrawn, recycled, and discharged; water sources and discharge locations.
    • Water quality metrics (pH, temperature, biocides, metals, additives).
    • Closed-loop performance, make-up water percentage, and any leaks/discharges.
    • Total electricity consumption and share from renewables.
    • Greenhouse gas emissions (including backup generators) in CO2e.
    • Load factor and peak demand data (for grid transparency).
    • Quantities of electronic waste, batteries, refrigerants disposed or recycled.
    • Chemical use for cooling/maintenance.
    • Air and water quality results within five miles of the facility.
    • Public health complaints or incidents related to operations.
    • Noise, traffic, or land-use impacts (if applicable).
    • Community-benefit initiatives (infrastructure investments, renewable offsets, workforce programs).
    • Documentation of inspections, violations, and corrective actions.
  • Public access and oversight:
    • DNR to receive, review, and archive reports; make reports publicly accessible within 60 days of receipt.
    • The department must publish full reports and executive summaries on its website.
    • The department must prepare a statewide annual summary of cumulative impacts and provide opportunities for public comment/hearings if significant risks are identified.
  • Penalties and enforcement:
    • Civil penalties up to $50,000 per day for violations such as failing to install a closed-loop system or failing to submit the annual report.
    • DNR may suspend or revoke operating permits after a hearing for repeated or willful noncompliance.
  • Rulemaking and coordination:
    • DNR to promulgate rules for definitions (e.g., maximum water-use intensity), testing/certification, and penalties for false reporting/noncompliance.
    • Rules for standardizing reporting formats and alternative cooling technologies to be developed before Aug 28, 2027.
    • Coordination with the Department of Health and Senior Services, Public Service Commission, and local governments as needed.

Who would be affected

  • AI-optimized data center operators within Missouri that meet or exceed the 100 MW threshold (new facilities and certain existing facilities undergoing significant capacity increases after Aug 28, 2027).
  • The Department of Natural Resources (primary regulator and administrator).
  • Public health and environmental stakeholders, including local governments, utility/grid operators, and communities near large data centers.
  • Entities responsible for cooling systems, water management, and waste/refrigerant handling at covered sites.

Procedural and timeline notes

  • Effective/trigger dates:
    • The threshold applies to facilities constructed/expanded/permits on or after August 28, 2027.
    • Existing centers with ≥25% capacity increase after August 28, 2027 and reaching ≥100 MW are covered.
  • Compliance timeline:
    • Annual environmental and health reports due April 1 for the preceding calendar year.
    • Rules and standard formats to be established by the DNR, with initial rulemaking before August 28, 2027 (including verification and equivalency criteria for alternatives to closed-loop cooling).
  • Public engagement:
    • Public release of reports within 60 days of receipt, and annual statewide impact summaries with opportunities for comment or hearings when risks are identified.
  • Enforcement mechanisms:
    • Civil penalties up to $50,000 per day for noncompliance.
    • Potential suspension or revocation of operating permits after a hearing.

Summary assessment

HB 2239 creates a comprehensive environmental accountability regime for large AI data centers, emphasizing water conservation through closed-loop or equivalent cooling, transparent annual reporting of water, energy, emissions, waste, and community health metrics, and public access to data. It establishes penalties and permit-suspension tools to enforce compliance and sets up a rulemaking framework to standardize measurement, reporting, and validation of cooling technologies. The act aims to balance industry growth with environmental protection and community health oversight.

Compiled from official sources — confirm details with the bill’s official record.

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