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HomeMy WebLinkAbout2026-10-12 Crisitina Holt SupportFrom: Tina Holt To: Planning LPC Testimony Subject: Support Bill 170 Date: Monday, October 12, 2026 2:03:16 PM Attachments: LPC Written Testimony HOLT - SUPPORT BILL 170.pdf Aloha, Please accept my updated testimony in support of Bill 170/ agenda item 6 to be heard this Thursday. Thank you, Cristina Holt Written Testimony in Support of Bill 170 (agenda item 6) Aloha Chair and Commissioners. My name is Cristina Holt and I am a resident of Hilo testifying in my personal capacity in strong support of Bill 170. Over the past several months I have spent more than 100 hours researching this issue: Hawaiʻi County's zoning code, the State Legislature's own resolutions, comparable ordinances and proposed legislation elsewhere in the country, and primary-source reporting on this bill's progress through both Planning Commissions. Along with Chuck Flaherty of the Sierra Club Hawaiʻi Island Group, I believe I am currently among the most informed non-professional resources available to this Commission on this specific question, and I am glad to answer any questions Commissioners may have about the research below at Thursday's hearing. My ask is specific and narrow: please give Bill 170 a favorable recommendation, and recommend a strengthened definition of “data center” to replace the bill's current subjective definition language with an objective one built around measurable, independent triggers, any one of which would qualify a facility as a data center: • A combined electrical demand of 5 megawatts or more. • A design or equipment capacity to deliver 20 kilowatts or more of power to a single server rack. • The use of cooling systems that circulate liquid to individual hardware components or submerge hardware in liquid. The definition should also explicitly count a campus of facilities under common ownership or control as a single project, not several smaller ones, so a developer cannot design around any of these thresholds by splitting one facility across several buildings or parcels. Please continue reading to learn more about my research and to see a full proposed definition: What is Bill 170? Hawaiʻi County's zoning code (CH25) has not defined “data center.” That gap means an “industrial-scale” AI facility could legally call itself a “data processing facility,” which is the definition meant for something like a small office server room, with none of the extra scrutiny a project that size should get. [1] Bill 170, introduced by Councilmember Heather Kimball, [2] aims to fix that by drawing a clear line in the code: it amends the existing “data processing facility” definition and adds a brand new “data center” definition, so the two are no longer the same thing in the eyes of the law. Why it functions as a ban: Hawaiʻi County zoning already treats anything not explicitly listed as a permitted use as prohibited. [1] Bill 170 defines “data center” but does not list it as permitted anywhere, which means once a facility legally qualifies as a data center, there is nowhere on this island it can legally be built. No new enforcement agency, no new permit process, just the existing rule doing its job. What's good about Bill 170 • Section 1 of the bill states that the intent is to block these large data centers from being built in Hawaii County. • Section 2 changes the definition of “data processing facility” by clearly stating that data centers are not included in “data processing facilities,” which are permitted in Mixed Use Industrial/Commercial Zones. • Section 3 Attempts to define “data center,” though the definition is what needs work. • The community is engaged and united around not wanting these facilities built here without real protections in place first. What could be improved in Bill 170 The bill as originally written leans on subjective language, phrases like “industrial-scale operation” and “beyond that typically accessory or incidental to office, commercial, or public institutional uses.” [2] Those phrases do not draw a clear line, and a well-resourced developer's attorney can easily argue a project around them. Commissioners at the October 1 Windward Planning Commission hearing said as much themselves: [3] they agreed data centers do not belong here, they simply found the definition too unclear to act on with confidence. The fix is to replace that vague language with one objective number: 5 megawatts of electrical demand. I am leading with this number because it is the same threshold the Hawaiʻi State Legislature itself uses in HCR 206 HD1, [4] the resolution that created a state working group to study large data centers. When the state's own lawmakers already agree on where this line should be, that is a number nobody can credibly argue is arbitrary. And, let me be clear: the fact that there is a state working group to study these large data centers is not a reason for the County of Hawaiʻi to fail to act while waiting on their report. We can and should take direction from them in that 5 megawatts is a reasonable starting measurement to define large-scale data centers for ourselves. Here is what strong, concrete definition language can look like. “Data center” means a facility, or two or more facilities under common ownership or control, used for the large-scale operation of computer systems and associated equipment, that either has a combined electrical demand of 5 megawatts or more, is designed or equipped to deliver 20 kilowatts or more of electrical power to a single server rack, or utilizes cooling systems that circulate liquid to individual hardware components or submerge hardware in liquid. This term does not include data processing facilities as defined in Section 25-1-5, hospital or government data systems, university computing or research facilities in which servers are incidental to the primary use, or telecommunications facilities used primarily to provide telephone, broadband, cable, or other communications services to the public. This definition reflects hundreds of hours of research and discussion. I ask the Commission to seriously consider it, or language like it, as the basis for a strengthened definition. Councilmember Kimball has raised a concern that a more specific definition opens up more loopholes than a vague one. I'd ask the Commission to weigh the evidence the other way. Vagueness is what hands a developer's attorney room to maneuver: Commissioners at the October 1 hearing said themselves that phrases like “industrial-scale” are too unclear to act on with confidence. [3] An objective threshold removes that argument entirely, there is no room to dispute whether 5 megawatts is 5 megawatts. Every enacted data center ordinance I have found in a broader survey of other jurisdictions anchors its definition to an objective number rather than a subjective description, including Spartanburg County, South Carolina's 1-megawatt threshold [5] and West Virginia's 90-megawatt threshold [6]. Specificity is also the only thing capable of closing a specific loophole. Fayetteville, Georgia's ordinance pairs a numeric power-density trigger with its use definitions so precisely that any facility crossing that line is automatically classified as a cryptocurrency mining operation and therefore banned outright, with no discretion involved. [7] A vague standard cannot do that kind of work. It can only be argued about. The Planning Director's Recommendation Report needs more time, not less The Planning Director's own Recommendation Report, prepared for this hearing, proposes something different from what Bill 170 does today: permitting data centers under 10,000 square feet by right in the General Industrial district, and requiring a Use Permit above that threshold, reviewed against six factors covering electrical demand, water and cooling, noise, emergency access, buffering, and traffic. [8] That is not a clarification of Bill 170's existing ban, it is a new permitted pathway where none currently exists. I ask the Commission to reject these recommended amendments as premature, not Bill 170 itself. The Planning Department is already working with a consultant on a comprehensive rewrite of county code Chapters 25 (Zoning) and 23 (Subdivisions), which the Sierra Club of Hawaiʻi's Hawaiʻi Island Group has also testified is the appropriate venue for a detailed permitted-use framework like this one, not a rushed addition to a bill that was only ever meant to fix a definition. [9] And the recommendations have not been fully vetted even on their own terms: the Director's proposal would add data centers over 10,000 square feet to the Use Permit list in Section 25-2-61(a), but leaves subsection (c) untouched, and (c) exempts any listed use from needing a county Use Permit at all if the applicant instead obtains a state special permit under HRS 205-6. [1] As written, a developer could route the exact same project through the state's special-permit process and skip every one of the six review factors the Director is proposing. That is exactly the kind of gap a full code rewrite is built to catch, and exactly what rushing these amendments through now risks missing. Why this is worth acting on now Some will say this is overblown, premature concern about something that is not actually happening here yet. A state representative has said close to that, and the state's own energy officer has said, “we're not a candidate,” for data centers, citing a lack of the cheap power and grid capacity they need. [10] That framing does not hold up. The same lawmaker who raised this concern is also a primary sponsor of HCR 206 HD1, [4, 11] the resolution that created a state working group to study large data centers because they are a serious enough possibility to warrant formal study. The same person who called this premature also put her name on a resolution asking for the study of it. Nor is this a distraction from county business. Maintaining and updating the zoning code is one of the County's core, ongoing responsibilities, not a special project pulled from somewhere else. Bill 170 is a short, one-time fix to language that is already decades out of date. Some will say we should allow these data centers / should not pass Bill 170 because we will prevent jobs from coming here, and that a cautious approach means saying no to opportunity and innovation for our people. The research doesn't back that up. Brookings Institution's own analysis found the standard data center development model “has produced mostly short-term construction jobs in recent years and relatively little long-term, high-value tech activity or large-scale employment.” [12] A separate Brookings study of counties getting their first large facility found roughly 100 to 200 permanent local jobs, [13] not the thousands sometimes promised. Overall, the number of potential short term and long term jobs must be weighed against what the community would be giving up in water, grid capacity, all on the long term. To be so incredibly clear: this is not about being against innovation or technology. It's about an industry that has shown, over and over, how willing it is to move fast and build irresponsibly, and how little it weighs the wellbeing of the people living next to what it builds. In Fayetteville, Georgia, a QTS data center campus used nearly 30 million gallons of water through hookups the utility didn't even know about, while nearby residents dealt with low water pressure, and the company wasn't billed for it until a resident's public records request forced the issue. [14] The city council's response was to prohibit data centers, cryptocurrency data centers, commercial cryptocurrency mining, and cryptocurrency server farms outright in every zoning district, with the Planning and Zoning Commission having no authority to grant a variance or exception. [7] Hawaiʻi Island has limited water, a fragile grid, and electricity rates nearly three times the national average. [15] We don't need to wait for a company to show up with a proposal to know this is the wrong place for a hyperscale data center. Defining these now, before a company shows up with an actual proposal, means the county sets the terms on its own timeline. Further watching, reading, and listening Watch: “Protecting the Heartland,” an educational data center symposium with Tammy Clark and Kristen Megan Kelly: https://youtu.be/-kEOLTX8Hr8 Watch: Recording of our community Zoom walkthrough of Bill 170, plus future meetings, on the CivicsEdHI YouTube channel: https://www.youtube.com/@CivicsEdHI Explore: An interactive map tracking AI data centers under construction, proposed, and operating across the US: https://www.brockovichdatacenter.com/ Listen: Erin Brockovich Takes On Data Centers, wherever you get your podcasts: https://open.spotify.com/episode/498ygLds1NcEGSBZYOLg9i Read: HCR 206 HD1, the state resolution that suggests the 5 megawatt threshold: http://data.capitol.hawaii.gov/sessions/session2026/bills/HCR206_HD1_.pdf Sources and citations [1] Hawaiʻi County Code, Chapter 25 (Zoning), §25-1-5 and §25-4-4. https://www.hawaiicounty.gov/home/showdocument?id=302520 [2] Hawaiʻi County Council, Bill No. 170, as introduced with notes https://docs.google.com/document/d/1_cLLINZ6D8RUDgwFuQE5pP0vyNuNWoWv1jIlIoKy2Qk/edit?usp=sharing [3] Windward Planning Commission, meeting of October 1, 2026. https://www.youtube.com/watch?v=-srqFNAB4LQ&t=2717s [4] Hawaiʻi State Legislature, House Concurrent Resolution 206, H.D. 1 (2026). http://data.capitol.hawaii.gov/sessions/session2026/bills/HCR206_HD1_.pdf [5] Spartanburg County, SC, data center ordinance definition, Sept. 21, 2026 council agenda packet (combined connected electrical load of one megawatt or more). https://www.spartanburgcounty.gov/AgendaCenter/ViewFile/Agenda/_09212026-2041 [6] West Virginia Code §11-6N-2, “High Impact Data Center” (critical IT load of 90 megawatts or more; in force for facilities placed in service on or after July 1, 2025). https://code.wvlegislature.gov/pdf/11-6N-2/ [7] City of Fayetteville, GA, Unified Development Ordinance, Division 5, §207.77 (Incompatible Use of Land), as amended by Ordinance No. 26-O-12 (adopted March 5, 2026). https://online.flippingbook.com/link/145728/ [8] Hawaiʻi County Planning Department, Recommendation Report on Bill 170 (PL-CCI-2026-000018), July 1, 2026, pp. 5-7 (Recommendation Nos. 1-4). [9] Sierra Club of Hawaiʻi, Hawaiʻi Island Group, written testimony to the Leeward Planning Commission re: Bill 170, Agenda Item 6, October 12, 2026. [10] Taylor Nāhulukeaokalani Cozloff, “Big Island Wants To Ban Big Data Centers, Once They Agree On What They Are,” Civil Beat, October 7, 2026. https://www.civilbeat.org/2026/10/big-island-wants-to-ban-big-data-centers-once-they-agree-on-what-they-are [11] Hawaiʻi State Legislature, official bill page for HCR 206 HD1 (2026), listing its sponsors, status, and full bill history. https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HCR&billnumber=206&year=2026 [12] Daniel Goetzel, Mark Muro, and Shriya Methkupally, “Turning the Data Center Boom into Long-Term, Local Prosperity,” Brookings Institution, February 5, 2026. https://www.brookings.edu/articles/turning-the-data-center-boom-into-long-term-local-prosperity/ [13] Dany Bahar and Greg Wright, “New Evidence on Data Center Employment Effects,” Brookings Institution, updated August 10, 2026. https://www.brookings.edu/articles/new-evidence-on-data-center-employment-effects/ [14] E&E News, “Georgia Residents Seethe Over 30M Gallons of Missing Water,” May 7, 2026. https://www.eenews.net/articles/georgia-residents-seethe-over-30m-gallons-of-missing-water/ [15] U.S. Energy Information Administration, Hawaii and United States electricity profiles, 2024 data. https://www.eia.gov/electricity/state/hawaii/ and https://www.eia.gov/electricity/state/unitedstates/ Mahalo for your time and consideration of this testimony, and for the work this Commission does for our island. I'm available to answer any questions at Thursday's hearing or by email in advance. Respectfully submitted, Cristina “Tina” Holt