A draft version of a data center moratorium was released to the public by the Nodaway County Commission at Thursday's meeting. The version in question is subject to revision and subject to a vote of the commissioners at a future meeting. If the moratorium were to pass, then any development agreement between the county and the data center developer would come afterwards.
The Commission is seeking to study the potential impacts of data centers on local infrastructure, particularly regarding the quantities of energy and water such facilities may consume, to ensure that such development does not negatively impact the availability or reliability of utilities for existing users.
The Commission is seeking to do further investigation and coordination with Evergy, the local utility in the area, to evaluate grid stability and identify any potential risks of localized power disruptions to critical residential, medical, and climate control systems.
The Commission is seeking to assess the potential light and ambient noise impacts of these facilities and to determine what specific community light and noise standards or setbacks may be necessary to preserve public health and the quiet enjoyment of adjacent properties.
The Commission is seeking to investigate how such development alters localized drainage patterns and storm water runoff and discharge in order to determine the appropriate scope of management controls necessary to prevent erosion, downstream flooding, or public health hazards related to water quality and discharge.
The Commission is seeking to evaluate whether and to what extent the unique operational characteristics of data centers, including light, noise, utility strain, storm water runoff, and discharge could impact adjacent property values or the surrounding area's economic viability so that any future regulations or agreements will appropriately safeguard the local tax base, protect property rights, and promote stable economic development.
The draft moratorium notes that Section 49.650 authorizes a county to adopt ordinances and resolution relating to its property, affairs, and local government for which no provision has been made in the constitution or laws of Missouri regarding nuisance abatement and stormwater control, excluding agricultural and horticultural property, the promotion of economic development for job creation purposes, and for emergency management when the safety and welfare of the inhabitants of the county are jeopardized.
The draft moratorium finds that data center development may independently create impacts on public health, safety, utilities, noise, stormwater, drainage, discharge, and surrounding property that requires study during the moratorium period.
The stated purpose of the draft moratorium is to allow the County Commission time to do due dilligence concerning proposed data center development, including providing the public and any affected landowner with sufficient time to identify, review, discuss, and work through the issues presented by such development.
The County Commission states in the draft moratorium that it is willing and available to meet with residents, affected property owners, developers, utility providers, consultants, and other stakeholders to receive and review additional information and proposals, to evaluate legislative and regulatory options, to negotiate a potential development agreement, and to consider appropriate safeguards.
The draft moratorium seeks to give the County Commission time to evaluate Chapter 100 Bonds, which counties can issue in lieu of tax arrangements as a tool for promoting economic development.
The draft moratorium holds that Section 192.300 authorizes a county to make and promulgate orders, ordinances, rules, and regulations that will enhance public health and the prevention of infectuous, contagious, communicable, or dangerous diseases, including potential health impacts arising from noise, air emissions, and water quality degradation.
The draft moratorium then turns to the question of zoning, which it notes that Nodaway County voters could adopt should the County Commission determine that it is unable to meet the regulatory needs of the county through less stringent means. Zoning, either for the entire county, or for White Cloud Township, where the proposed data center is located, must be passed by a vote of the people and then the county would appoint a zoning and planning commission to pass zoning regulations. It would take around two years for such a board to pass zoning regulations.
The proposed moratorium would, if adopted, run for a total of six months from the date of adoption. It will automatically terminate at the expiration of the moratorium period unless the Commission terminates it at an earlier date or extends it by further order for a period not to exceed sixth months.
Any construction, establishment, commencement of new operations, or expansion of a data center or any supporting facility would be in violation and subject to enforcement, including injunctive relief, cease and desist orders, recovery of the county's costs, and any other remedies available at law or in equity. It shall not apply to any data center or any supporting facility that is in existence as of the date of adoption of the proposed moratorium or for which the developer has physically commenced on-site construction activities such as foundation work, vertical construction, or installation of permanent infrastructure prior to the date of adoption. Site grading or preparation shall not constitute commencement of construction for purposes of this exemption.
The order shall not apply to core utility operations or regulated activities of any utility such as the construction of the new power substation next to the proposed data center or any other operations by United Electric or Evergy, the two main utility providers in Nodaway County. The order shall only apply in unincorporated sections of Nodaway County.
Susie Strauch reported at the meeting that there were job openings on indeed.com for data center employment and that New York had gotten them stopped in their state. She said they had been sound testing at the proposed location. At the June meeting, one of the flyers promised that the noise level emitted by the facility would be less than 50 decibels.
Jennifer Gillespie said that, “Nobody wants to get sick. Why are we being sacrificed for this? Our homes, peace, property values are being lost. We should have listened to Erin Brockovich. Didn’t we learn? This is globalization, and this is about global elites wanting to take our land. Don’t let us be the sacrifice.”
Commissioner Chris Burns pledged at the meeting not to volunteer an abatement. “We don’t have any firm numbers,” added Commissioner Scott Walk.
Ms. Gillespie said that everything she’s heard from them has been, in her words, “a marketing tool.” “It’s not hard to see,” said Ms. Gillespie, who owns a business. “We moved here 18 years ago and I don’t get why you would give them any kind of abatement. Make them pay. It makes no sense that all the small businesses pay and they don’t. It’s only fair.” She said that if the county opens up the door, others would follow. “Just open up the door and make us look like suckers,” she said.
Allee Armitage, an attorney for Scale Microgrids, which is developing the proposed data center, came to introduce herself to the commissioners.