Critics of HB 2014 have decried the lack of local control afforded to communities in the development of High Impact Data Centers. The legislation leaves elected officials at the county or municipal level with restricted authority regarding local enforcement, permitting, or health regulations.
Opponents of data centers and the legislation claim the bill has stripped away the autonomy of local governments. However, recent decisions by local elected officials provide some insight into why state legislators may have been hesitant to leave the fate of potentially billions of dollars in tax revenue in the hands of local governments.
In the small town of Barrackville in Marion County, the entire police department was placed on inactive duty this week. The kerfuffle started a week prior when the police chief resigned over accusations that the newly elected town council was violating state code by overreaching its authority. The episode culminated when an unauthorized individual entered the police department’s evidence room. When it was alleged to be a member of the town council, the rest of the department’s officers were placed on inactive duty.
Morgantown City Council addressed the pressing issue of “hostile architecture” in the city, passing a resolution banning infrastructure that may restrict people from resting, sitting, or using benches. The resolution defines hostile architecture as anything that causes discomfort, exclusion, or restriction rather than through legitimate safety, security, or operational necessity.’
Among the examples listed are ‘bench designs or bench-like structures with slanted or segmented surfaces intended to prevent sitting’ and ‘anti-sitting spikes, protrusions, rollers, or similar deterrent hardware installed on surfaces intended for human contact.’
Basically, the city council wants to make certain you can lie down and stretch out on a city bench.
On Wednesday, the West Virginia Board of Education announced a state of emergency for Harrison County Schools, which limits the local school board’s authority and delegates financial and personnel decisions to the state superintendent.
The reason?
The school board has been eating into its reserves by about $16 million over the last two years. State officials said the school system had 239 employees over the state formula. The county excess levy is paying for 150 of those, leaving reserve funds to pay for the additional 89 positions.
School Board President Paul Hardesty called the board actions a “blatant disregard for the public’s money.”
What does any of this have to do with the development of data centers?
Data center development represents an opportunity for West Virginia to capitalize on our internet-based economy and burgeoning A-I transformation. In Loudon County, VA, data centers have generated tax revenue to the point that local officials have reduced the personal property tax and have even eliminated the $25 vehicle license fee.
Demand for data centers is also driving the construction labor market, creating new job opportunities.
Lawmakers recognized the importance of High Impact Data Centers and the economic opportunity they represent, setting up consistent statewide regulations for their development.
There are certainly local elected officials who are assessing proposed data center projects seriously, balancing opportunity with community concerns. However, too often local governments have proved they are not equipped to make billion-dollar decisions.