The City of Bloomington has released its draft regulations for data center projects in the city.
The regulations will be discussed at two Planning Commission public hearings on Oct. 16 and Nov. 16, at 4 p.m., both at the Bloomington Center for the Performing Arts.
From there, the Planning Commission will give its recommendation to the city council. The council is expected to discuss and vote on the regulations at its Nov. 23 meeting, one week before the city's six-month moratorium is set to expire.
Changes are expected based on community feedback, according to the planning staff summary of the regulations.
“The decision of the city council — regardless of what that decision is — should be made based upon the evidence presented and record of the public hearing, so public participation by providing formal testimony is of paramount importance in this case,” the summary read.
If the regulations are adopted, any data center proposal would still need to be reviewed by city staff and approved by the council.
Types of data centers and where they can go
The draft changes to the code create three defined types of data centers: accessory, small scale commercial and hyperscale.
An accessory data center would be one that shares a building with an office, and its use is related to the business of that office.
A small-scale commercial data center would be less than 10 acres and use less than 10 megawatts of power.
“At the small end, these data centers may fit into the existing urban fabric without significantly changing the character of land use, transportation and utility infrastructure, or the provision of public amenities,” the draft code read.
A developer couldn’t build several smaller data centers next to each other and have them considered separate developments in the draft regulations.
The amendments to the zoning code state centers that are adjacent, share infrastructure access, are owned by the same company or are developed together would count as a single data center.
Hyperscale centers would require a special use permit and could only be placed in general manufacturing districts. Bloomington's zoning map shows there are limited general manufacturing zones, some are are between West Washington and West Market streets east of Interstate 55.
They must also be at least 1,000 feet away from any home, hospital, daycare or school building under the draft code.
“Urban settings may be unable to accommodate centers of this size without special consideration and planning for the long-term provision and servicing of public utilities and amenities and advanced right-of-way acquisition to guarantee the connectivity of the public transportation network,” the draft code read.
Small commercial data centers could be placed in general manufacturing, restricted manufacturing, office and the downtown warehouse and art districts. Residential districts and certain commercial districts would be prohibited.
Accessory data centers could not be placed in residential districts but are otherwise permitted.
If an accessory or small commercial data center sought to expand into a hyperscale project, the approval process would begin again.
Community benefit agreement required, NDAs prohibited
Under the drafted regulations, any hyperscale developer must present a community benefit agreement approved by the council.
Additionally, the regulations prohibit any non-disclosure agreements between a hyperscale data center developer and the city.
Required reports on water, energy, noise and vibration
Applicants would be required to provide reports from a third-party on noise and vibration impacts, water use, water disposal and discharge and energy consumption.
For energy and water usage, the developer must calculate power and water use effectiveness, which means determining how much of those resources contribute to the operation of the data center, compared to cooling the data center. The proposed code is similar to what Illinois lawmakers have proposed in the POWER Act, which has not yet received a vote.
The water report must identify a water source, estimated daily and peak water demand, estimated yearly water use and strategies for water efficiency. The report must also look at where wastewater will be sent and determine if contamination is possible from cooling system additives.
“When closed-loop or hybrid cooling systems are proposed, the report shall specify the source of make-up water, blowdown volumes and frequency, chemical additives used in cooling water, temperature and quality characteristics of any water planned for discharge and location of such discharge,” the draft read.
An energy report must include estimated annual energy usage and strategies for energy efficient and grid impact reduction.
“Low amplitudes may cause distraction or annoyance to humans and animals,” the draft regulations stated about vibrations. “Higher amplitudes of extended durations are capable of causing damage to buildings, infrastructure and even human health.”
That study would have to determine the vibration and noise impacts at the property line and at the property lines of any home, hospital, daycare or education building within 1,000 feet of the proposed site.
If a project were approved, the city would require a yearly report on energy and water use and reports on noise and vibration limit compliance.
The developer must also share a plan with the city for emergency response, explain how the centers will operate and a decommissioning and site restoration plan.
The operations report must identify a backup power source and detail ways to minimize the facility’s impact. The draft also requires a developer to warn residents if generators will be used 30 minutes before they are turned on.
Design restrictions
The draft regulations limit data centers to two floors.
Any chilling devices mounted on the roof could not be within 500 feet of a residential, hospital or educational building. Any roof-mounted equipment must be fully enclosed by a sound screen or parapet.
Any chilling devices on the ground could not be within 1,000 feet of those same structures.
“The city may require a greater separation based on the noise modeling study, topography, equipment configuration or other site-specific evidence,” the zoning code amendment draft read.
Generators could not be on the roof and all generators would need vibration isolation systems. All generators would need to be 500 feet from residential, hospital, daycare or education buildings. Generator use would be generally prohibited and only allowed in emergency situations.
Any equipment on the ground must be enclosed in a sound screen or by the building.
Energy requirements, noise and water restrictions
The draft code also requires that at least 25% of the center’s energy comes from an on-site, clean source. Additionally, there must be energy storage on-site capable of supplying at least half of the facility’s peak demand for at least 15 minutes.
A developer can be partially exempt from those requirements if they determine on-site equipment is not possible. In that case, a developer would have to invest in community-scale battery storage within the city equal to the facility’s peak demand or procure a new renewable energy source within the regional grid.
A data center cannot use potable water for evaporative chilling devices, and a center cannot use a private well without additional study and approval.
During the day, a data center could not produce more than 57 dB of noise between 7 a.m. and 7 p.m. During the overnight hours, the sound cannot exceed 47 dB.
Decommissioning
The draft also laid out requirements for after a data center ceases operation for a year or more, unless it is under construction.
All specialized equipment must be removed, such as generators, chilling devices, fuel systems and battery systems. The property owner would be responsible for the removal and costs associated with it.
“The city may require financial assurance for decommissioning as a condition of approval when reasonably supported by the scale, specialized infrastructure or anticipated restoration cost of the project,” the draft read.
