Post-Approval Transparency Measures

It is equally important to ensure there are continued transparency mechanisms in place after the approval process. Without these, effective enforcement of conditions in data center approvals and addressing harms from construction and operation will be more difficult.

Require Monthly Public Disclosure

Require data centers to give monthly reports on data centers’ water and electricity usage.

Additionally, data centers must report the results of noise studies; the amount of tax incentives received from local and state governments; the number of jobs created, including the wages and benefits offered to both construction and permanent employees; and the total amount of dollars invested into the community at minimum every year.

This information must be submitted to the local agency overseeing the permitting process to ensure compliance with the terms of the conditional permit. Information should also be reported to a state agency that gathers and discloses this information online. For more information about how states can track and publish these metrics online, see Establish a Statewide Clearinghouse. A state clearinghouse might not be politically feasible in all states.

Ensure Continued Community Involvement

The local government must establish mechanisms for continued community involvement, including a system of public reporting and a city response system to address community concerns. This should also include a post-approval hearing for additional transparency.

Establish Enforcement Mechanisms

Local governments must build out an enforcement mechanism to ensure that data centers abide by transparency requirements contingent upon approval. Jurisdictions must reserve the right to revoke the conditional use permit or remove the certificate of occupancy if conditions are not met. Additional penalties for violation of application terms can include non-nominal fines and civil penalties.

Note: Cities may have to amend their zoning code to increase the acceptable fines, and that cities may need to consult the legality of occupancy removal.