San Jose City officials recently presented draft development standards for future data center projects, prompting significant discussion among residents and advocates who assert the proposed rules do not adequately safeguard public health and the environment. The initial presentation took place at City Hall, where dozens of residents offered public comment. The City Council is expected to finalize these standards in December.
The public comment session extended for nearly two hours, with cheers from the audience when speakers called for a temporary moratorium on new data centers until more robust standards are established. While some, like union representatives, supported elements of the draft and emphasized fair wages for construction workers, many public commenters raised concerns about what they perceived as weak environmental protections and wording that could potentially allow developers to bypass city enforcement.
Dashiel Leeds, conservation coordinator for the Sierra Club Loma Prieta Chapter, highlighted several areas where the standards “fall short.” Leeds noted that the draft does not address the heat island effect, nor does it study low-frequency infrasound. Concerns were also raised about diesel backup generators, which could continue to pollute communities with nitrous oxide. Furthermore, Leeds pointed out that if data centers are approved by the planning director instead of the City Council, it represents a lack of accountability.
Environmental advocacy group Mothers Out Front Silicon Valley co-founder, Linda Hutchins-Knowles, acknowledged that the requirement for 100% carbon-neutral electricity marks a positive step. However, she expressed a desire for a mandate requiring water to be treated on-site before release and called for more stringent enforcement of all standards. Hutchins-Knowles observed that much of the language in the standards uses terms such as “encourage” and “monitor,” suggesting a lack of strong enforcement. She stated that the standards “are just not ready” and called for a pause on data center approvals to allow for their improvement.
A key point of contention for Hutchins-Knowles was the proposal that data center operators would track their own water and electricity usage, submitting annual reports to the city. Operators would also monitor the discharge of dissolved metals and chemicals from cooling equipment, which could impact local drinking water and rivers if not properly treated. Hutchins-Knowles metaphorically described this as allowing “the fox monitor the henhouse,” advocating for the city to take on direct monitoring and enforcement roles. Separately, Alice Kaufman, policy director at Green Foothills, expressed concern that under current zoning laws, if a project meets all standards in permissible areas, the City Council has no legal authority to prevent its construction. She cited the former IBM Almaden Research Center, an industrially zoned site surrounded by hundreds of acres of open space, as an example where the city could not legally stop a data center from being built despite environmental concerns. Kaufman proposed a change in zoning law to require a planned development permit, allowing the council to review projects individually.
The proposed standards include specific requirements for data center operations. Developers will be encouraged to enroll with San Jose Clean Energy, a provider of renewable power. If a developer chooses not to, they must submit an annual report demonstrating 100% carbon-neutral electricity use or prove that carbon emissions are offset by capturing methane. Diesel backup generators would be required to adhere to the strictest federal emission standards and could only operate during power outages. For water use, the proposal prohibits open loop cooling systems that utilize drinkable water, often consuming millions of gallons annually. Instead, data centers would be mandated to use recycled water or closed loop systems that circulate water to absorb heat from electronic equipment.
Deputy City Manager Manuel Pineda addressed some of the feedback, confirming that the city is open to adjusting how data centers are monitored. Pineda noted that “the data centers standards are not done,” and city officials are receptive to feedback. He also clarified that two data centers are slated for approval before the new standards are finalized. Regarding monitoring, Pineda stated that while operators would submit reports, the city plans an independent audit every five years to ensure compliance with water and electricity usage limits, and the city can conduct water quality and usage tests at any time. However, Pineda confirmed the city is not currently considering changes to zoning laws. On the other hand, Danny Mangan, a union representative with Sprinkle Fitters Local 483, spoke in favor of the proposed standards, highlighting their role in providing jobs and promoting safe, high-quality construction. Mangan emphasized that the standards would encourage data center developers to employ skilled workers and provide prevailing wages, including benefits and overtime, ensuring that continued data center construction in the Bay Area is “done correctly.”
Currently, data centers can be developed in various zoning districts within San Jose, including areas zoned for light industrial use, provided they obtain a special-use permit.
