Data Center Sustainability Issues

Overview

On December 17, 2024, the Board issued Directive DIR 24-58, which expressed the Board’s support for findings in the December 2024 JLARC study on data centers. This included JLARC’s recommendations for additional local government authority regarding data center water use, sound impact evaluation and mitigation, and electric power load impacts. The Board also expressed its support for legislation protecting utility ratepayers from bearing the costs of new and expanded electric infrastructure driven solely by data center development. The Board seeks to expand on and add to the issues addressed in Directive DIR 24-58. The County Executive is directed to work with staff and the County Attorney to research, review, and evaluate the authority and potential options regarding the following issues: 1. The authority to consider clean energy procurement and encourage the use of renewable energy certificates or direct procurement (such as mentioned in SB 1196 energy efficiency and clean electricity standards). 2. The authority to require sampling and testing of runoff affecting local drinking water quality or pollution of local streams, ponds, lakes, and other surface water, which should include an annually updated plan to accomplish this, to include levels of salinity, cleaning chemicals, lubricants, and heavy metals. 3. The authority to require a plan for responding to accidental chemical spills, such as diesel fuel from generators, should be required prior to the site plan detailing measures that will be taken to protect the surrounding community, environment, and natural resources. 4. The authority to require or at least encourage a maximum power use effectiveness (PUE, or total facility electricity use divided by electricity use for computing equipment) level of the project. 5. The authority to ensure that all emergency power generators will be operated in compliance with Virginia Department of Environmental Quality Tier 4 standards and regulations and the ability to encourage the use of natural gas for emergency power, and that the use of emergency power generators only be used in the case of true emergency, not to bridge the gaps between the facility coming online and being connected permanently to the grid. 6. The authority to ensure that decommissioning standards are adopted and followed, and a viable decommissioning plan is required prior to rezoning unless the operator has a viable re-use plan for the facility in place: a. The owner of a non-operational data center should remove from the site all hazardous materials, generators, and other mechanical equipment, pursuant to Federal, state, and local standards for removal and disposal. b. The owner of a nonoperational data center should either disassemble or deconstruct the data center building and accessory structures within a reasonable time after ceasing operations; or, should enter into a contract or other legal arrangement for alternative use of the structure(s). Full site remediation should be required if the applicable structures are demolished. c. In the case of disassembly or deconstruction of the building and accessory structures, any man-made components below ground should be removed, including foundations, footers, poles, wires, and conduits. d. Adequate security, which ensures that financial resources are available for decommissioning. A cash escrow from the data center owner should be estimated and established based on a decommissioning financial estimate to be submitted to and approved by the locality prior to issuance of the final occupancy permit. e. Require the removal of all fencing and exterior lighting at completion of decommissioning. This work should include, but not be limited to, any recommendations regarding appropriate policies and regulations for Board consideration. In addition, such work should draw upon other policies and documents already adopted by the Board, including the 2040 Comprehensive Plan and the 2025-2028 Strategic Plan. Such research and recommendations should, where applicable, include proposed timelines, potential fiscal impacts, and other pertinent information for Board consideration, including the impact of this work on County resources and the prioritization of other directives and policies which have been previously issued or initiated by the Board, and whether additional consultant contractual services would be needed to support these efforts. This work could include any possible recommendations to be included in the Board’s Legislative Agenda, for consideration of the Board's Legislative Committee and ultimately the Board of Supervisors. The County Attorney’s Office is directed to review the information and recommendations for any legal issues. When the research and work are complete, the County Executive should report back to the Board with the research and recommendations during a Board meeting or by memorandum, as appropriate.

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