The Benton Institute for Broadband and Society partnered with Duke University to look at communities with data centers in North Carolina and came up with a roadmap for dealing with data centers for other communities. The study uses good examples and more. I’ve just pulled out the high level steps…
Step 1: Engage Independent Expertise at the Start of Negotiations
At the beginning stages of negotiations for a large digital infrastructure project, local governments should consult with independent, unbiased experts who can assess the technical, environmental, and economic impacts. This may require maintaining pre-approved consultant lists or establishing accountability mechanisms for developers. In the Apex case, this step may have reduced concern that the developer was misrepresenting the energy use associated with the facility by providing a trusted evaluation for all stakeholders to review.
Step 2: Inform the Community and Gather Their Priorities Early
Local governments should establish formal processes for gathering community input on the proposed data center infrastructure, such as through public forums. Community engagement should begin as early as possible—ideally before plans are officially filed—and continue consistently and transparently throughout all stages of zoning and approval. We also recommend that local leaders proactively seek input on the areas of resource use, pollution, financial investments, transparency, and governance. Current practices that shroud data center negotiations in secrecy produce distrust in the community; opening the process to the community offers greater opportunity for residents’ participation and to gain buy-in.
Step 3: Consider the Full Range of Policy Tools
Local governments should evaluate multiple policy mechanisms, drawing from existing toolkits and best practices like MediaJustice’s Site Fight Guide.[7] Policy interventions include but are not limited to community benefits agreements (CBAs), moratoriums, conditional use permits, zoning ordinances, and strict water and energy use regulations. There is not necessarily one solution for all communities when it comes to data centers: consider those protections that assuage community concerns. While the Apex case ended in a withdrawn proposal, a set of policy interventions may have created conditions that residents could live with.
Step 4: Tailor Policy Tools to Local Context
Once a policy choice is identified, the choice should then be carefully tailored to reflect the specific priorities identified through community engagement. Any regulatory framework should directly incorporate local preferences into concrete demands and requirements. This step was not part of the Apex case, where it would have allowed local officials to bridge the gap between abstract community feedback and enforceable zoning regulations.
Step 5: Use Community Priorities to Evaluate and Choose From Policy Options
Local governments should make their ultimate decision by evaluating all policy options in the context of the community’s biggest priorities. This can be done by referring back to each of the top priorities identified in Step 2 and deciding—such as through explicit criteria—whether they are reflected by the policy. Where feasible, governments can conduct a full cost-benefit analysis that reflects the local harms and benefits to the community. In the Apex Case, this approach would have provided a structured mechanism to weigh the project’s projected economic benefits against the community’s concerns.
