Planning commission debates NDA ban and performance standards for prospective data centers

Commissioners spent a substantial portion of the Aug. 25 meeting discussing draft ordinance language aimed at preserving transparency for large projects, including data centers, by limiting the use of nondisclosure agreements (NDAs) in early negotiations.

Commissioner (speaker 2) presented three versions of proposed language — strict, moderate and a "belt‑and‑suspenders" option — and urged colleagues to consider adding NDA restrictions to Section 1 of the draft. Commissioner Ken (speaker 4) and others said NDAs are a common tactic to advance projects before the public is aware and supported stronger transparency safeguards. The commission agreed to postpone final action until members had time to read the email and proposed language and to discuss it next month.

The session moved into a broader discussion of data‑center performance standards, where commissioners and staff raised specific technical concerns: whether the DBA C test or dBA measurement better captures the continuous low‑frequency "hum" associated with data centers; whether a water limit of 10,000 gallons per day should be replaced with a net‑zero water requirement; appropriate setback distances from residences (debate ranged around 5,280 feet versus one mile); and whether backup power should be grid‑only or allow on‑site generators. Several commissioners noted pending state action by the fire marshal and legislature that may affect local rules.

Members asked staff to circulate only the updated sections moving forward rather than the entire 90‑page draft so they can provide focused comments ahead of the next meeting.