Stricter data center code amendments reviewed by Kearney Planning Commission

The Kearney Planning Commission has voted to recommend the approval of comprehensive new data center code amendments to the City Council, aiming to make data centers "the most regulated industry in Kearney." City Manager Brenda Jensen presented the more robust requirements to the Planning Commission, which were developed following public concerns raised in May regarding noise impacts, water usage, and potential effects on energy rates.

An advisory group, comprising city officials, planning commission members, citizens with diverse views on data centers, and representatives from Nebraska Public Power District, Central Platte Natural Resource District, Two Rivers Public Health Department, and an acoustical engineering firm, was formed to review existing and proposed regulations. This group focused on the primary areas of concern: water usage, electrical demands, and noise levels. Jensen highlighted that modern data centers use less water than previously thought, often employing closed-loop systems, and clarified that large power consumers are required to pay for necessary infrastructure improvements.

The proposed amendments introduce approximately 10 pages of new regulations, including stricter setbacks from residential areas, enhanced noise and vibration standards (setting a 55 decibel limit at the property line), and requirements for feasibility studies on sound, water, wastewater, and electrical needs. They also mandate air quality measurements, ongoing compliance, annual reporting, and operational performance standards. Additionally, data centers will now require a Conditional Use Permit (CUP), necessitating two public hearings and final approval by the City Council. The new regulations are intended to provide a predictable framework for evaluating data center proposals based on their location, scale, infrastructure demands, and community impacts.