AI Data Center Site Selection Transparency Act of 2026

This bill mandates that entities intending to develop, operate, or own AI-focused data centers must publicly disclose specific information to local elected officials and the public via a press release. This disclosure must occur at least 180 days before taking a definitive step, such as executing a binding purchase agreement or a specialized utility contract.

The required disclosures include the proposed location, the estimated resources needed for establishment, and a comprehensive analysis of its estimated environmental impact, conducted by an independent third party and funded by the developer. This analysis must cover effects on air, water, land, climate, and public health.

To ensure broad public awareness, developers are also mandated to engage local media, post on social media, send direct mail notices, and display physical signage at the proposed site, with materials provided in multiple languages. The bill also restricts the use of non-disclosure agreements (NDAs), explicitly prohibiting them with government entities or regarding public resources.

If multiple entities are involved in a project, they are jointly and severally responsible for issuing a single, coordinated public disclosure. The Federal Trade Commission (FTC) is designated as the enforcement authority, treating violations of these transparency requirements as unfair or deceptive acts or practices under the Federal Trade Commission Act.