Draft ordinance restricts generators, bans steam turbines and sets strict noise limits

Councilmembers raised air‑quality concerns related to backup power, generator testing and potential steam‑turbine power. Attorney Larry Konopak told the council that most data centers do not trigger state air permitting thresholds under the federal Clean Air Act, and he cautioned that the city cannot create its own more stringent air‑permit program without running afoul of state and federal preemption.

"I don't think the city can create more stringent air quality water quality standards, I believe, and it's I think fairly well understood that those the setting of those kinds of standards would be preempted by the federal and state law," Konopak said. Because of that legal limit, the draft uses zoning levers instead: it bans steam turbines, limits generator use and testing, and defines maintenance/testing hours. Staff also proposed a measured ambient approach to noise: sites must not exceed 5 dB above ambient sound at the property line (measured after a baseline week of ambient monitoring), and the ordinance requires centralizing louder equipment and using berms or building placement to reduce off‑site impacts.

Councilmembers asked how an 'emergency' is defined for generator use; staff pointed to existing definitions tied to utility outages and to maintenance/testing standards in operations manuals. The draft also carries an enforcement ladder—warning, notice of violation, court injunctions—rather than relying solely on statutory daily fines, which staff described as a limited enforcement tool.