Marana tightens data center rules

Some new code regulations on noise limits and financial guarantees will apply to a data center currently in development in Marana, following a council vote.

The town council voted 5-1 on  Oct. 21 on tighter noise restrictions and how a developer will decommission a data center site if it goes offline. Councilmember Patrick Cavanaugh was the only no vote, and said he has “come to regret” his decision to approve rezoning for the Luckett Road hyperscale data center project in development by Beale Infrastructure, the same developer as Project Blue.

“My concern is whether these noise protections will actually be enforceable,” Cavanaugh said.

If a data center site is next to a land zoned residential or mixed-use, the maximum A-weighted decibels allowed during nighttime hours were lowered from 55 to 50. A-weighting is a filter that's applied to noise measurements that mimics some aspects of human hearing, hired acoustical consultant Samuel Hord told the council. The council also added new maximum decibel levels for daytime use, which were not in the original ordinance.

Developers will also be hit with a 5-decibel penalty added to the results of their required noise tests if any “audible tonal component” is detected, which means any continuous pitch or frequency.

The other change requires developers to show proof that they can cover the cost of decommissioning the data center at the start of the application process, the code amendment reads. The developer is responsible for calculating the cost of removing all equipment and infrastructure, including generators, chemicals, signage, as well as restoration of the land, plus a 15% contingency. All decommissioning must happen within 12 months, but the Town Manager can grant a three-month extension.

Most of the code amendments will apply to Marana’s Luckett Road data center project, except the new nighttime noise limits, because that is the only section that conflicts with the Luckett Road project’s specific plan, Town Attorney Jane Fairall told the council.

Councilmember Herb Kai, who owns one parcel of the Luckett Road project through his family trust, excused himself from the agenda item at the Oct. 21 meeting.

Town Manager Terry Rozema said Marana is the only jurisdiction in Arizona that “got out in front” of data centers by passing an ordinance before the town received any applications.

Mayor Jon Post asked why the decommissioning regulations kick in only when an entire facility is abandoned. He also asked for clarification

Cavanaugh said his vote against the revisions was because they didn’t go far enough. He expressed doubt that code violations would be appropriate consequences for billion-dollar data center companies.

“You start challenging some of these data center operators, and they'll just say ‘sue us,’

tie you up in lawsuits. Cost of doing business,” Cavanaugh said.

Fairall said the possible consequences for data center companies start with fines and escalate to revoking a business license, and legal actions like emergency injunctions or pursuing criminal charges for not complying with code.

“The town will do whatever it can if we have a business that's not operating in good faith to try to come within any of the code provisions,” said Fairall.

Sue Ritz, a former engineer who led an unsuccessful campaign for a Town Council seat this summer as part of an anti-data center coalition, asked the council to send the ordinance back to the Planning and Zoning Commission. She argued the amendments don’t address potential chemical contamination concerns or accurately gauge water availability.

“I suggest to the council that we go back and take another look at what we don't know, what we need to add to ensure that the town remains safe from predatory developers like Beale and its knockoffs that want to use Marana for their testing grounds,” she said.