###

Following at-times tense deliberation at today’s meeting, the Humboldt County Board of Supervisors approved a temporary ban on new data center developments in unincorporated areas of the county, joining the cities of Arcata and Eureka in restricting the siting of such facilities. 

The 45-day moratorium will give county staff time to draw up an ordinance that sets zoning and regulatory standards for data centers before applications are submitted to ensure future projects protect natural resources and align with the county’s long-term goals. The moratorium will take effect immediately and can be extended up to two years. 

The board’s action was approved in a 4-1 vote, with First District Supervisor Rex Bohn dissenting. He called the 45-day moratorium a “self-serving waste of time” and criticized his peers for “saying no to everything.”

Bohn | Screenshot

“I don’t give a damn about data centers either which way,” Bohn said, asserting that most facilities being constructed in rural communities are off-grid, closed-loop systems that reduce environmental impacts. “It’s going to look great that you stood up and did this … but it’s going to accomplish nothing because it’s going to [take] more than 45 days [to get a permit]. … Sometimes we’re going to have to say yes because government is not going to be fully supported by government. We need private enterprise.”

Second District Supervisor Michelle Bushnell shared many of Bohn’s concerns. During staff’s presentation, she grilled Humboldt County Planning and Building Director John Ford about the existing permitting process through the Planning Commission, which allows the public to provide feedback on proposed projects. She felt a moratorium would be redundant and restrict public participation.

“I understand people’s anxiety around data centers, and I also have anxieties of my own around data centers,” she said. “My concerns are just around that we already have a process in place for doing this type of permitting, and that those processes are protected through the planning commission [which allows the] public [to] weigh in with their feelings. … I just think that we’re duplicating or restricting and not allowing the public to have that input with the processes that are in place.”

Ford confirmed that a data center application would be subject to review by the Planning Commission. (A little later in the conversation, Ford noted that the county has not received any applications for data centers, but said he had spoken to “somebody that was interested.”) The problem with the existing process, he said, is that the county’s zoning code doesn’t have criteria for data centers.

“The only way it could be permitted is using the catch-all that’s at the end of many of our zoning districts that says ‘other uses that are similar to permitted uses within this zone require a conditional use permit,’” he said. “The purpose of developing ordinances is so applicants understand what the community is willing to accept upfront and where. … Somebody coming in from either within the county or outside of the county would understand where their likelihood of success lies.”

Third District Supervisor and Board Chair Mike Wilson jumped in to note that the goal of the moratorium is to “relieve or reduce anxiety in the community” regarding the permitting process for data centers, adding that he has received “very robust comments” in opposition to the facilities. He emphasized that the moratorium is a temporary strategy to “take a pause” while staff come up with an ordinance to regulate data centers.

“We’re seeing that right now with a project that’s being proposed up in McKinleyville,” Wilson said, referring to the 40,000-square-foot Amazon distribution facility that’s planned for an industrial parcel in the Airport Business Park. “I would say that if we had engaged earlier … that would be a less impactful situation than we have right now. … If we choose not to do this, the message we’re saying is, ‘go ahead and take a shot.’” 

Fourth District Supervisor Natalie Arroyo asked Ford if felt the county’s electrical and water infrastructure could support a data center.

“That is the huge complaint I’ve read about is the amount of power that gets used [by data centers],” he said. “I know I’ve read about some communities that kind of went all in on data centers. There’s one community that has 11 of them, and … people thought that it [would] increase property value, increase revenue, and do all those good things, but [now] the community is complaining because their electric rates are going up … because supply and demand.”

“If they’re not connected to the grid and not pulling from that, then it’s probably not an issue,” he added.

Fifth District Supervisor Steve Madrone spoke in favor of the moratorium and said he would be “voting on the side of the ratepayers.” He also expressed concern about the county’s ability to supply the power needed for a data center — even a relatively small one — and brought up previous transmission issues in Southern Humboldt.

Eventually, Arroyo moved to approve the moratorium, which was seconded by Wilson.

The board went back and forth on the subject for another half hour, with Bohn and Bushnell arguing that staff would be able to develop an ordinance regulating data centers without a moratorium. Both indicated that they would vote against it.

Bushnell said she could understand concerns about the county’s electrical capacity and asked Ford if that would be considered in the current permitting process if a data center developer applied for a conditional use permit.

Ford confirmed that the application would be reviewed by the Planning Commission and relevant agencies.

Bushnell | Screenshot

“Is there a however?” Bushnell asked. “Because I can feel it coming.”

“I just want to take you back to a manufacturing facility in Redway, where they [received] an intent to provide power that they never got,” Ford said, referring to a proposed indoor cannabis operation in the Meadows Business Park.

Bushnell suddenly appeared to change her mind and asked if Arroyo and Wilson would be willing to amend the motion to carve out an exemption to the moratorium that would allow applications for data centers using less than 25 megawatts of power. She specified that electricity must be sourced from 100% renewable energy and the facility must operate on a closed-loop system that does not impact water resources.

Arroyo and Wilson agreed at first, but a little later in the discussion, Wilson felt 25 megawatts was too much. He advocated for a five-megawatt limit and, after some more back and forth, he and Bushnell eventually agreed on 15 megawatts.

The motion passed 4-1, with Bohn dissenting. 

###

Other notable bits from today’s meeting:

• To prepare low-lying communities for the incoming “super” El Niño, the board directed the county’s Office of Emergency Services and Public Works Department to increase the county’s sandbag supply to bolster flood protection. Specifically, the board asked staff to come up with a financing plan for $25,000 worth of sandbags that can be filled at various locations around the county. The request, brought forth by Bohn, passed unanimously. Wilson took the opportunity to urge communities to follow the county’s example and prepare ahead of time to avoid impacting gas stations and grocery stores during a storm.
• The board also signed off on a memorandum of understanding establishing the Redwood Coast Energy Authority (RCEA) as the Regional Climate Committee, which will implement the county’s Regional Climate Action Plan, adopted last year. The county will contribute $80,932 annually to fund the position of the Climate Program Manager, who will lead the implementation effort.
• The board also approved a letter of opposition to Proposition 45, a state ballot initiative that aims to limit the scope of the California Environmental Quality Act (CEQA) to help developers advance “essential” projects. The letter was approved in a 3-2 vote, with Bohn and Bushnell dissenting. You can read more about the ballot measure here.