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Committee backs zoning rules for data centers with new reporting and monitoring requirements
Summary
A Metro Council committee recommended approval of a substitute zoning ordinance to add data-center uses and conditions, adopting requirements for emergency-response plans, public compliance reporting, PUE/WUE metrics, and on-site noise monitoring while rejecting some stricter power and time-limit amendments.
A Metro Council committee on Tuesday recommended approval, by an 8–0 margin, of a substitute ordinance (BL 20 26 13 91) that creates new zoning definitions and conditions for data centers and adds reporting and environmental requirements for operators.
The committee adopted a package of changes that require operators to submit emergency-response and power-resiliency plans to the fire marshal’s office; make compliance reports available to the public; require the zoning administrator to summarize reports to council on a regular schedule; and add annual reporting of power‑use-effectiveness (PUE) and water‑use‑effectiveness (WUE) metrics, with public access to those reports. The committee also approved a requirement for on‑site sound monitoring to be included in compliance reporting. The ordinance as amended received a favorable committee recommendation (8 in favor, 0 against).
Council member Johnston, the sponsor of the emergency‑plan amendment, said the requirement is meant to “have a plan articulated and communicated to those that would be responding,” listing emergency contacts, site access and shutoff procedures. Planning staff told members the emergency plan is best tied to building‑permit/UNO sign‑off so emergency responders have the information before occupancy.
Public commenters urged stronger, enforceable standards. Tracy O’Neil of the Southern Alliance for Clean Energy warned that voluntary commitments can fall short, saying, “Voluntary assurances are not a substitute for clear, enforceable standards,” and pointed to experiences in other Tennessee jurisdictions where on‑site gas turbines became long‑term installations.
Not every proposed change passed. The committee rejected an amendment that would have required natural‑gas backup generators when a site is on or adjacent to a gas line, and it voted down a proposal to cap on‑site emissions‑generating power at 72 hours; planning staff said some of those changes would have required rereferral to the planning commission.
Several sponsors said the goal of the adopted package is transparency and public safety rather than new enforcement costs for Metro; sponsors repeatedly noted that compliance and monitoring costs fall on the data‑center operator. The committee’s favorable recommendation moves the ordinance forward in the council process.
The committee recorded its recommendation; final legislative action will occur at a future council meeting where the full council will vote.
