By Tracy McCormick-Dishman
The question of whether data centers belong in Nassau County has residents on both sides, and many feel strongly about it. Some worry about the water, power, noise and light that come with the large facilities, and a few have called for keeping them out of the county altogether. At the same time, the county is weighing the jobs, investment and tax revenue data centers can bring, along with the limits state law places on what local governments can do.
Now residents have a chance to weigh in. The Nassau County Board of County Commissioners released the initial draft report of its Fact-Finding Committee on Data Center Development Oct. 21 and opened an online portal where residents can read the report and submit comments until Jan. 8.
The committee, made up of five senior county staff members with expertise in planning, government finance, engineering, conservation and economic development, was created by the board May 20. It held public meetings over the summer, heard from subject matter experts and took testimony from residents, all of which is included in the report. The committee is a research body, not a decision-making board, and its findings are meant to inform commissioners, not set policy.
What does the report say? Nassau NewsLine reviewed the 66-page draft so our readers could better understand what commissioners will be considering.
The report acknowledges that data centers support essential services, including health care, communications, government operations and national defense, and that their development may bring capital investment, jobs and tax revenue. It also acknowledges the concerns they raise about resource demands, environmental impacts, infrastructure costs and long-term accountability.
The committee said it considered views ranging from an outright ban to minimal regulation. It found that many communities across the country have been negatively affected by poorly planned and managed data centers, and that the age of a facility does not determine its impact. Some new data centers have been built with little concern for their neighbors, while some older ones have been updated to be good neighbors. For that reason, the committee is strongly recommending that commissioners adopt “reasonable but strong local regulations” built on technology and performance standards.
The report makes six recommendations:
- Where data centers can go: Define data centers by type and size, spell out where each may be allowed under the county’s zoning and land use rules, and create a dedicated industrial park-data center zoning district.
- Review and transparency: Set a clear development review process, require proof of state and federal approvals before construction begins and limit the county’s participation in nondisclosure agreements that keep information from the public.
- Water and power: Require project-specific assessments of water and power needs, make developers identify and pay for off-site improvements their projects require and require ongoing reports on water and power use.
- Protecting neighbors: Set measurable standards for lighting and sound, including low-frequency noise, along with setbacks, landscaping and design rules, and locate data centers near existing 500-kilovolt transmission lines to limit the need for new overhead power lines.
- Monitoring and enforcement: Require construction management, emergency response and decommissioning plans, along with monitoring and enforcement.
- Incentives and costs: Remove data centers from the county’s list of target industries, making them ineligible for county economic development incentives, and require developers to disclose the public costs and infrastructure needs of their projects.
Why not simply ban data centers? That question came up at the first public workshop on the report Monday, Oct. 26, when Commissioner John F. Martin asked it directly, News4JAX reported. County Attorney Denise May said an outright ban could expose the county to legal risk under state law. Commissioners discussed stronger regulations that would hold up in court, such as larger setbacks. Commissioner A.M. “Hupp” Huppmann said he believes the county may “overshoot all requirements” but cannot “regulate it out of existence,” according to News4JAX.
The state law at issue is Senate Bill 484, which took effect July 1. According to the county, it keeps local governments’ authority to regulate data centers but does not explicitly allow a blanket ban. The law also requires state regulators to make sure large data centers pay for their own electric service and sets new water permitting rules for large-scale facilities. Because of that, the county says, any local rules must be reasonable and able to withstand a court challenge.
What happens next? Residents can comment online or in person, and a final report will be posted on the county’s website before Thanksgiving. From there, the recommendations move into the county’s land development regulations, and each step includes a public hearing where residents can speak:
- Monday, Nov. 9, 3 to 5 p.m.: Second public workshop, Commission Chambers, Yulee
- Before Thanksgiving: Final report posted online
- Tuesday, Dec. 1: Planning and Zoning Board public hearing
- Monday, Dec. 14: Board of County Commissioners public hearing
- Friday, Jan. 8, 11:59 p.m.: Online comment period closes at nassaucountyfl.com/1528/Data-Centers
- Monday, Jan. 25: Board of County Commissioners public hearing
In the meantime, no new data center projects can move forward. Commissioners approved a temporary moratorium June 8 that halts, for up to 12 months, the acceptance, review or approval of applications for data centers, data processing facilities, data mining and cryptocurrency mining operations.
For more information, visit nassaucountyfl.com/1528/Data-Centers or contact Brandyi Phillips, county communications manager, at 904-530-6010 or bphillips@nassaucountyfl.com.
