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Council adds reporting and contamination language to proposed data‑center overlay; motion passes 7–0
Summary
Provo planners presented a proposed Data Center Overlay Zone Sept. 23 that would require rezone and public-review for any new data‑center facility; the council unanimously approved additions creating a definition threshold and requiring water‑use and contamination‑mitigation reporting.
Provo staff brought a draft Data Center Overlay Zone to the council on Sept. 23 and the council voted unanimously (7–0) to add several planning commission suggestions — including a definition for when equipment constitutes a data center and extra reporting on water use and contamination mitigation.
City planner Hannah Salts told the council the proposed overlay would remove permissive references to data centers from several zones and instead require any parcel to secure the overlay by rezone and public hearing. The overlay text would require applicants to report projected energy use, water consumption and emissions, and to show how the proposal meets Provo’s broader conservation and resiliency policies. Salts said the overlay was drafted as a council‑level rezone process rather than an administrative approval to ensure public review and to give the council discretion when applications raise cross‑cutting public‑policy issues.
Plan commissioners had recommended three additions: (1) a minimum size or threshold to differentiate small server rooms from full data‑center facilities; (2) a requirement that applicants pay for an independent third‑party review of environmental reporting; and (3) a request to compare the data‑center proposal’s water and energy use to other potential industrial uses for the same site so the city could evaluate tradeoffs.
Councilor Becky Bogdan moved that the council adopt language adding a definition (to distinguish data centers from small server rooms), require water‑use and contamination‑mitigation reporting, and add contamination‑prevention language to the overlay. The motion also added contamination‑mitigation wording to the water‑use plan requirement. The council unanimously approved the motion, 7–0.
Salts and utilities staff explained staff had removed an earlier deadline provision that would have required proof of emissions credits at rezoning and replaced it with a requirement that emissions‑credit documentation be presented at building‑permit stage; staff said that change gives more flexibility to applicants while making clear the city expects emissions accounting before a permit is issued. Provo Power and city staff also said they would continue to refine technical screening criteria and the council asked staff to return with final ordinance language and suggested third‑party review options.
Why it matters: data centers can require substantial electrical power and water for cooling; Provo’s overlay is intended to give the city stronger review tools and public oversight when large computing facilities are proposed in the city.
What happens next: staff will finalize ordinance text, incorporate the planning commission suggestions (including definition and contamination/prevention language), and return with a recommended ordinance for final adoption.
