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Home My WebLink About2026-09-21 Donna Thompson Support From: sharkgss To: Planning WPC Testimony; Planning LPC Testimony Subject: Support Bill 170 Regarding Data Centers Date: Monday, September 21, 2026 1:47:22 PM Attachments: Draft Proposal Data Center Restrictions June 2026.pdf Aloha Planning Commission, I am in support of bill 170 regarding data center restriction in Hawaii County, although additional language should be implemented to avoid loop holes. Attached is a proposal I sent to county council last June regarding data center regulation including Infrastructure Limits, Capacity Caps, Eminent Domain, Transparency, and Review Process to protect the County’s limited water and energy resources, preserve private property rights, ensure public transparency, and align with the "One Water" and net-zero carbon goals. Section 1 establishes a hard limit of 5 Mega Watt (MW) limit allows no exceptions. Any project proposing 5.1 MW or higher is automatically prohibited. This prevents "Hyperscale" Development: A 5 MW data center is typically classified as a small facility, spanning 5,000 to 20,000 square feet and housing approximately 500 to 2,000 servers. Aggregation Clause: Section 1(C) prevents developers from bypassing the cap by building multiple 4 MW facilities side-by-side on contiguous land. If the total load exceeds 5 MW, the project is rejected. Grid Protection: Given that the entire Hawaii Island grid peaks at roughly 200–250 MW, a 5 MW cap ensures no single private entity can consume more than 2–2.5% of the island's total peak capacity, protecting residential reliability and government operations. Alignment with State Trends: This proposal mirrors 2026 legislative trends in several states where moratoriums and caps are being used to pause large-scale construction until infrastructure impacts are fully understood. Thank you for your attention on this important issue. Donna Thompson Kamuela, HI Sent with Proton Mail secure email. 1 22 June 2026 Attention: County Council Members From: Donna Thompson District 1 Re: Proposed Legislation on Data Centers Title: Limitations on Data Center Infrastructure, Capacity Caps, Eminent Domain, Transparency, and Mandatory Review Proposal: Data Center Infrastructure Limits, Capacity Caps, Eminent Domain, Transparency, and Review Process To protect the County’s limited water and energy resources, preserve private property rights, ensure public transparency, and align with the "One Water" and net-zero carbon goals, the development of Data Processing Facilities (as defined in Section 25-2-2 of the Hawaii County Code) shall be subject to the following limitations: 1. Absolute Capacity Cap (5 MW): (A) Prohibition: No Data Processing Facility with a projected peak energy demand exceeding 5 Megawatts (MW) shall be permitted, authorized, or constructed within the County of Hawaii under any circumstances. (B) No Exceptions: This cap applies regardless of the facility's energy source, cooling technology, or proposed economic benefits. Requests for variances, special permits, or zoning changes to accommodate facilities exceeding 5 MW are hereby prohibited. (C) Aggregation: Multiple facilities located on contiguous parcels or under common ownership/operation that collectively exceed 5 MW shall be treated as a single facility and are subject to this prohibition. 2. Energy Consumption Cap for Permitted Facilities (≤5 MW): For facilities at or below the 5 MW cap, no permit shall be issued unless the applicant demonstrates that 100% of the facility’s energy demand will be met by new, behind-the-meter renewable energy generation constructed specifically for the project, with no draw on the existing county grid. Water Use Restriction: In alignment with the "One Water" policy, no Data Processing Facility shall be permitted to use potable groundwater for cooling purposes. All cooling systems must utilize: Recycled wastewater (R-1 water) provided by the County; OR Seawater cooling systems; OR 2 Closed-loop air cooling systems with zero liquid discharge. 3. Moratorium on Large-Scale Facilities: A moratorium is hereby placed on the issuance of Use Permits or Special Permits for any Data Processing Facility exceeding 5 MW (reinforcing Subsection 1) or requiring more than 50,000 gallons per day of any water source, until the County Council adopts a specific Data Center Impact Study detailing the facility's eƯect on the Water Use and Development Plan (WUDP) and the County’s renewable energy load capacity. 4. Zoning Restriction: Data Processing Facilities exceeding 1 MW are prohibited in Agricultural, Rural, and Natural designations. Such facilities are only permitted in Industrial-Commercial Mixed Use (MCX) or General Industrial (IG) zones within designated Urban Centers. 5. Mandatory Public Review and Environmental Study (1 MW Threshold): (A) Trigger: Any proposed Data Processing Facility with a projected peak energy demand of 1 Megawatt (MW) or greater shall be subject to a mandatory Special Permit process, regardless of whether the use is otherwise permitted by right in the zone. (B) Environmental Study: As part of the Special Permit process, the applicant must fund and submit a comprehensive Site-Specific Environmental Impact Study (EIS) focused on: Cumulative impact on the local electrical grid and renewable energy capacity. Impact on local water tables and wastewater infrastructure. TraƯic, noise, and light pollution impacts on adjacent residential or agricultural properties. Heat island eƯect and microclimate changes. (C) Public Hearing: The Planning Commission shall hold at least two public hearings in the community district where the facility is proposed before any vote is taken. Notice of these hearings must be mailed to all property owners within a 1-mile radius of the proposed site. (D) Council Approval: Final approval for any facility ≥1 MW must be ratified by the County Council via ordinance, following the Planning Commission’s recommendation. 6. Eminent Domain Prohibition: (A) Definition of Public Use: The acquisition of private property via eminent domain for the purpose of facilitating, constructing, operating, or expanding a private Data Processing Facility is hereby declared not to be a "public use" or "public purpose" under HRS §46-61 and the Hawaii County Charter. 3 (B) Restriction on Delegation: The County is prohibited from delegating its power of eminent domain to any private entity, corporation, or public-private partnership for the acquisition of land or rights-of-way intended primarily for Data Processing Facilities. (C) Infrastructure Exception: This prohibition does not apply to public transmission lines or water infrastructure owned and operated directly by the County or a public utility, provided such infrastructure is not built exclusively for a single private data center and serves a broader public need. 7. Prohibition on Non-Disclosure Agreements (NDAs) and Confidentiality Claims: (A) Waiver of Confidentiality: As a condition of approval for any Use Permit, Special Permit, or Building Permit for a Data Processing Facility, the applicant must expressly waive any claim of confidentiality regarding all technical, environmental, and operational data submitted to the County. This includes, but is not limited to: Water usage metrics and cooling system specifications. Energy load profiles, peak demand data, and renewable energy sourcing contracts. Environmental Impact Assessments, traƯic studies, and noise impact reports. Hazardous material storage and handling plans. (B) Voiding of Conflicting NDAs: Any Non-Disclosure Agreement, confidentiality clause, or proprietary claim that attempts to restrict public access to the records described in subsection (A) shall be deemed void and unenforceable as a matter of public policy under the Hawaii Uniform Information Practices Act (HRS Chapter 92F). The County shall not enter into any agreement that conflicts with this transparency requirement. (C) Public Registry: The County Clerk shall maintain a publicly accessible online registry for all approved Data Processing Facilities, displaying the data specified in subsection (A) in real-time or via quarterly reports, ensuring ongoing public oversight of resource consumption.