HomeMy WebLinkAbout2026-09-21 Vicky DeMercer Testimony
From: Vicky DeMercer
To: Planning LPC Testimony
Subject: Testimony for Bill 170 - Support of intent and rerecommending changes
Date: Monday, September 21, 2026 11:49:01 AM
Aloha,
My name is Vicky DeMercer and I live in North Kohala. I am writing to support the intent of
Bill 170 and asking the Leeward Planning Commission to recommend additional strengthening changes before sending it back to the County Council.
Bill 170's current language uses subjective phrases like "industrial-scale operation" and
"beyond that typically accessory or incidental to office, commercial, or public institutional uses." Those phrases don't set a clear line, and a well-resourced developer's attorney can argue
around them either way. I'm asking the Commission to recommend a clear, objective definition of "data center," distinct from the county's existing "data processing facility"
definition.
I'm also asking the Commission to reject the Planning Department's recommendation to add smaller data centers as a permitted use. That change would open a legal pathway for data
centers here rather than close one, with no discretionary review of grid impact, water, noise, or anything else.
Recently it has been shown that companies funding and producing data centers have not been
doing so in good faith and they been placing massive pressure on Counties and States to strike down laws concerning AI or AI related legislation. (See case of X AI vs. Weiser in Colorado.)
These companies are building their financial profolio on the backs of already stained communities with limited resources and infrastructure. These companies are actively seeking
to circumvent regulations to ensure their profits. In 2026, 95 bans and moratoriums have been enacted. This doesn't even take into consideration energy consumption, water, air and noise
pollution, and land acquisition (See World Resources Institute for refernce material -https://www.wri.org/insights/us-data-center-growth-impacts).
Our island's closed water system, fossil-fuel-dependent grid, and already strained
infrastructure cannot support data centers. Please recommend the strongest possible version of this bill to the County Council.
Mahalo,
Vicky DeMercer North Kohala Resident & Registered Voter