MORGANTOWN, W.Va. — Look for the upcoming legislative session to include new bills on data centers.
State lawmakers passed a comprehensive microgrids bill earlier this year but some say much has been learned since then.
Del. Evan Hansen, D-Monongalia, said the bill (HB 2014) passed in the last session was designed to lure data centers here as quickly as possible without regard for local communities.
Hansen said the current version of the bill holds companies harmless when it comes to local ordinances relating to noise, setback distances, and location. One piece of legislation will give local government units the authority to force companies to comply with municipality laws and zoning codes.
“Their legal jurisdiction is null and void,” Hansen said. “That means if they have any ordinances or zoning related to noise or how far data centers need to be from existing communities those are unenforceable.”
Gov. Patrick Morrisey called the legislation “the economic bill of the session” when he recapped his first year in office last week.
“We’ve put so much time and energy into economic development. That’s been our number one priority, economic development, economic development, economic development,” he said.
Hansen maintains there are issues with the law like restrictions on reporting requirements regarding the use of water. The companies are able to use water in close proximity to the operations with no government oversight, he said.
“To require more transparency and information provided to the state and local communities so we can have an idea where the water is coming from and what they’re doing with it,” Hansen said.
Hansen said the centers can use millions of gallons of water in their operations daily, similar to the needs of thousands of homes. In areas where water resources are plentiful, like along major rivers, the problem is not much of a concern, but when no major source of water is nearby, the company would either find the needed water underground or pay to have it trucked in.
“But, if they’re in an area like Tucker County where there are no big rivers and they have to pump the water from groundwater or from a small stream, it could be a big deal for groundwater or trout streams,” Hansen said.
Hansen said the measures are not designed to discourage data centers but to encourage responsible operations across West Virginia communities.
“If they can benefit West Virginia, I think we should welcome them,” Hansen said. “I just think they should follow local ordinances, and we should have a good frank conversation about where the water is coming from because water is a precious resource in West Virginia.”
Lawmakers will vote on a rules bill regarding the implementation of the microgrids law in the upcoming session.