The Montgomery County Council approved two measures today that will establish an 18-month moratorium and place certain limitations and safeguards on data center development.
Expedited Bill 19-26 temporarily prohibits the Department of Permitting Services from issuing permits for data centers for 18 months. Following robust public support of a moratorium, Councilmembers worked collaboratively to amend the bill, striking a compromise between the six-month moratorium proposed by Councilmember Evan Glass and the two-year pause proposed by Councilmembers Will Jawando and Kristin Mink.
The legislation codifies the moratorium on data center development, following an executive order announced by County Executive Marc Elrich in June which imposed a six-month moratorium.
“The purpose of the amended zoning measure, together with the 18-month moratorium on permits for large data centers, is to allow the necessary time for the Council to deliberate on appropriate guardrails for large data centers in the County, and do so in collaboration with the state,” Council President Natali Fani-González said. “Indeed, I believe that well-defined guidelines are necessary now so all stakeholders can clearly understand the rules of the road as we work out the comprehensive approach for data centers in the Montgomery County.”
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“I’ve been working tirelessly to hit pause on data center development in Montgomery County so we can protect the Potomac River, prevent an exorbitant rise in electric bills, and chart a more sustainable path forward,” said Councilmember Evan Glass, chair of the Transportation and Environment Committee. “This moratorium is a necessary step to give our community the time we need to make thoughtful, responsible decisions about our future and to ensure that economic growth never comes at the expense of our environment, our ratepayers, or the quality of life we value.”
“This moratorium happened because our residents organized, showed up and refused to be ignored,” said Councilmember Jawando. “When Councilmember Mink and I introduced a two-year moratorium in May, we agreed with residents that six months wasn’t enough time to get this right. Today the Council agreed. Jurisdictions across the country are facing the same choice. You can chase corporate promises of profits that may never come, or you can listen to your residents and lead. We chose to lead.”
“The community has been clear and I’m proud that we have all listened,” Councilmember Mink said. “With this moratorium, we are ensuring that data centers do not move forward here unless and until clear guardrails fully protect the County from harmful impacts to the environments, our residents’ quality of life, and utility bills that are already too high. We have seem them wreak havoc in communities across the country. That’s why I joined my colleagues in passing an 18-month moratorium. I’m glad that we were able to come together as a Council to meet the moment.”
As amended, the legislation would modify the definition of a data center and clarify that applications for data centers submitted both before and after the effective date of this bill, pending regulatory review, or approved but a building permit has not been issued, would be subject to the moratorium.
The Data Center Zoning Text Amendment (ZTA) 26-01, led by Council President Fani-González, Vice President Marilyn Balcombe and Councilmember Laurie-Anne Sayles, will establish clear definitions and limitations on data centers. The zoning measure defines hyperscale data centers and prohibits these facilities in Montgomery County at this time.
“After working with community and environmental groups on this issue for more than seven months, I am pleased with where the Council landed,” Council Vice President Balcombe said. “We compromised to reach agreement on an 18-month moratorium and we have codified the definition of a data center. These are important milestones. It is clear that more time is needed to tackle this extremely complex issue.”
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“The rapid growth of digital infrastructure requires thoughtful, forward-looking public policy. This 18-month planning framework will allow us to complete the independent Office of Legislative Oversight best practices review I requested, engage residents and stakeholders, strengthen the Community Benefit and Investment Package, and deliver a comprehensive data center framework,” said Councilmember Sayles. “Responsible innovation requires responsible governance, and this process will ensure Montgomery County sets the national standard for digital infrastructure that strengthens our economy, protects our neighborhoods and delivers lasting value for our residents.”
The amended zoning measure will serve as a bridge between the current zoning ordinance and a future, more extensive zoning framework.
Learn more about Expedited Bill 19-26 and ZTA 26-01.
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Read the original article at mccouncil