Is bill regulating data centers a win for Florida? Ask who decides what’s ‘feasible’

Florida's Senate Bill 484, recently sent to Governor Ron DeSantis, aims to regulate data centers by mandating they cover their own utility infrastructure costs, a move praised as a "genuine win" for ratepayers. However, the bill's water provisions, which require large data centers consuming over 100,000 gallons daily to use reclaimed water when "environmentally, economically, and technically feasible," are contentious. Critics, including Dr. Mark McNees from Florida State University, argue the term "feasible" is undefined in the bill, leaving it open to interpretation by water management districts and potentially allowing developers to bypass the requirement through internal financial analyses. They highlight that data centers can consume up to 5 million gallons of water daily, posing existential concerns for Florida's aquifers. A second major flaw identified is the reversal of an earlier provision that prohibited state agencies from signing nondisclosure agreements with data center companies. The final version now permits NDAs, keeping company plans secret for up to a year, a change even the bill's sponsor, Sen. Bryan Avila, expressed reservations about due to potential constitutional concerns. The author argues that this lack of transparency undermines ratepayer protection. The article proposes legislative fixes for the next session, including defining water feasibility methodology, clarifying "economically feasible" with public cost baselines, and requiring public hearings for exemptions.