AI Data Center Site Selection Transparency Act of 2026

Key Points

• Companies planning AI data centers must publicly disclose their location and estimated resource needs at least 180 days before taking any definitive step to build. This gives communities six months to learn about and respond to major projects heading their way.
• Developers must actively reach out to affected communities through local media, social media, direct mail, physical signage at the site, and materials in multiple languages including English and Spanish. This ensures neighbors actually hear about a planned facility, not just those who read government filings.
• The bill bans non-disclosure agreements with government entities or involving public resources and limits their use more broadly during the site selection process. This prevents backroom deals between data center companies and local officials from being hidden from taxpayers.
• An independent third party, paid for by the developer, must conduct an environmental impact analysis covering air quality, water, wildlife, public health, and environmental justice communities. The developer funds the study but does not control the findings.
• Violations are treated as unfair or deceptive practices under the Federal Trade Commission Act, giving the FTC the power to investigate and penalize companies that try to build massive computing facilities without proper disclosure.