Mark McNees: SB 484 is good law, but who decides what’s ‘feasible?’

Florida recently passed SB 484, which requires large data centers to pay for their own utilities rather than passing the costs to general ratepayers. This is seen as a positive step by the author. However, the bill also contains a provision that allows data centers consuming over 100,000 gallons of water per day to use groundwater or surface water instead of reclaimed water if it is deemed "environmentally, economically, and technically feasible" by the governing Water Management District board. The author argues this language is vague and gives too much discretion to the boards, potentially allowing data center developers to claim reclaimed water is not feasible based on their own internal financial analysis. The author suggests the legislature should add clearer definitions and methodologies for determining water feasibility, as well as a requirement for public hearings before any feasibility exemptions are granted. This is needed to prevent data center companies from shopping between the state's five water management districts to find the most accommodating interpretation, which could undermine consumer and aquifer protections. The article also notes that the bill has other vague provisions around utility rate tariffs that may not fully protect ratepayers until further rulemaking is complete. Overall, the author argues the intent of the law is good, but the execution needs improvement to close loopholes and strengthen safeguards.