Schuylkill Co. drafting data center ordinance
With the prospect of massive, potentially problematic data centers looming over Schuylkill County, officials have drafted plans they hope will be codified into an ordinance to regulate them and other large-scale projects.
Commissioners Chairman Larry L. Padora Jr. at a public meeting Wednesday introduced the “Responsible Infrastructure Development Plan.”
County planners discussed the proposal last week, and commissioners expect to further fine-tune it at a work session to be held at 10 a.m. Thursday.
If the plans evolve into an ordinance, a public hearing will be scheduled to consider residents’ opinions prior to adoption.
Some municipalities have their own zoning and Subdivision and Land Development Ordinances. So while the county would review and weigh in on any proposals, those municipalities would refer to their own rules.
“We’re trying to address everything we can as far as data centers,” Padora said.
The core message of the plan is that the county “should not consider every large infrastructure project. It should consider the right projects: projects that reuse legacy land, create good jobs, protect taxpayers and rate payers, strengthen the grid and turn the county’s industrial history into its next economic chapter.”
The plan draws heavily from Gov. Josh Shapiro’s Responsible Infrastructure Development approach, which focuses on “making large energy/data infrastructure projects meet higher standards; bring or pay for new power; protect ratepayers; conserve water; engage communities; hire locally; use brownfields/abandoned mine lands when possible and meet higher standards environmental standards.”
The goals
Schuylkill’s plan includes six goals:
• Identify responsible investment prioritize projects that bring private capital, strengthen the tax base, and fit Schuylkill’s industrial corridors identified in the county’s proposed Comprehensive Community and Economic Development Feasibility Study.
• Require “new load, new power.” Any large load project such as data centers, advanced manufacturing, cold storage, hydrogen battery storage, or energy intensive user should either bring new generation/storage or pay into grid upgrades so residents are not subsidizing private energy demand.
• Reuse brownfields and mine lands. Specifically recognize brownfields and abandoned mine lands as preferred redevelopment targets.
• Protect water, land and communities. Projects must show water demand, waste water needs, stormwater plans, noise and light controls, and impacts on nearby neighborhoods.
• Create local jobs and training. Every major project should include local hiring, apprenticeship partnerships, career pathways through local schools/trade schools/community colleges, and commitments to use local contractors were possible.
• Avoid tax incentives. The county will give no LERTA (Local Economic Revitalization Tax Assistance Act) consideration or other tax incentives for projects like data centers, which have a negative impact on local communities and resources outweighing any benefits of the project.
The details
The plan includes proposed infrastructure development zones. The Schuylkill Economic Development Corporation lists Highridge Business Park, with 2,000 total acres, 500 of which are available, PPL electric, UGI gas, Schuylkill County Municipal Authority water/sewer, and 3-phase/69kv electric infrastructure.
The Frackville Industrial Park has 325 total acres, with 55 acres available, UGI gas, water/sewer access, and PPL service up to 66kv.
The plan also includes a three-tier Industrial Development Zone prioritization.
Tier 1 would be a ready industrial infrastructure. Those sites include Highridge, Frackville, the Delano Industrial Park and the Rush Township Industrial Park (formerly TIDE).
Tier 2 would be redevelopment corridors. They include the Pottsville-St. Clair-Minersville area, the Tamaqua-Coaldale area, the Mahanoy City-Frackville-Shenandoah corridor, the Schuylkill Haven-Cressona corridor and any other comparable redevelopment corridors identified in a proposed county Feasibility Study.
Tier 3 would be legacy land conversion. Former mine lands, brownfields, underused rail/industrial parcels, and tax-delinquent large tracts suitable for solar, battery storage, light manufacturing or utility supportive uses as may be determined through the Feasibility Study.
Project eligibility standards
In order to be considered as a viable county project, projects should meet certain minimum criteria to be addressed before any county approvals. They include:
• Energy: the project must provide new generation, battery storage, micro grid capacity, or pay a fair share of transmission/substation upgrades.
• Ratepayer protection: no utility cost-shifting to residents, municipalities, or small businesses.
• Site reuse: preference for brownfields, mine lands, KOZ/KOEZ sites and existing industrial parks.
•Water: Clear water source, conservation plan, closed-loop cooling where possible, and no unreasonable burden on municipal systems.
• Jobs: local hiring plan, wage commitments, apprenticeship/training partnership, and construction workforce plan.
• Community benefit: host, municipality agreement, emergency services contribution, road impact fee, PILOT (Payments In Lieu Of Taxes) or tax sharing structure were appropriate.
• Environmental protection: storm, water, noise, air, odor, light, traffic, and habitat.
• Decommissioning plan: established legally enforceable plans for decommissioning project facilities, which are no longer in use.
Mapping out the basics
The county plans a comprehensive feasibility study. In conjunction with that, the proposal calls for the county to establish the following minimum initiatives:
• An energy and infrastructure site study, which would map all sites over 25 acres with electric, gas, water, sewer, rail, highway, zoning, brownfield, mine land, and ownership status.
• Mine lands to megawatts program: consider targeting abandoned mine lands for solar, battery storage, substations, and low impact energy development.
• Industrial power partnership: work with PPL, UGI, the Public Utility Commission, the state Department of Environmental Protection, the state Department of Community and Economic Development, the Schuylkill Economic Development Corporation, municipalities, and Team PA (a nonprofit organization that joins the state government with private enterprise to boost economic growth) to identify grid-constrained sites and upgrade priorities.
• Community benefit agreement: create a standard agreement for large projects, requiring road improvements, EMS/fire support, local hiring, water, sewer and stormwater, protections, and municipal revenue commitments.
• Workforce compact: partner with county technology centers, local school districts, Penn State Schuylkill, and employers for electrical, construction, HVAC, logistics, IT, energy and water/ wastewater training.
• Feasibility study: review and implement those additional initiatives identified in the feasibility study which commissioners deem appropriate.
• County ordinance review: review County land use another ordinances, which may need to be revised in order to implement the foregoing standards and initiatives.