LITTLE ROCK – Mayor Frank Scott, Jr. announced today he will propose an ordinance strengthening Little Rock’s regulations on data centers. Mayor Scott encouraged the City’s Board of Directors to adopt the new standards, citing overwhelming public interest in regulatory guidelines that protect the safety and welfare of Little Rock residents.
Mayor Scott’s proposed ordinance applies to all data centers to be constructed within Little Rock city limits, including so-called “hyperscale” operations covering 250,000 square feet or more and using more than 50 megawatts of power.
While data center and other large-scale industries are governed by multiple federal and state laws and local ordinances, Mayor Scott’s proposal reflects a balanced regulatory approach intended to incorporate resident feedback, safeguard the environment and maintain Little Rock’s commitment to sustainable economic development and job creation.
“Technology is rapidly evolving, and like with other industries, tech companies bring to our communities the critical investments that power our future and support long-term economic growth. That said, it is our obligation to protect our natural resources and ensure these projects are regulated in a environmentally responsible, transparent way. These sensible and measured regulations are a path forward as we enter a new age of industrial development.”
Mayor Scott’s proposal limits large-scale data centers to only industrial-zoned areas of the City, with significant buffer zones separating data centers from any non-industrially zoned properties. The plan supplements a robust regulatory framework already in place through entities like the Arkansas Public Service Commission, the Arkansas Department of Health, Arkansas Department of Environmental Quality, the U.S. Army Corps of Engineers, and the EPA.
Other components of the proposal include:
Water usage: Cooling systems must be designed to minimize water consumption and wastewater discharge. On-site groundwater wells may not be used for a primary cooling source. All major or hyperscale data centers must prepare a Water Utilization Report identifying total daily usage before being approved by the City. Any chemically treated cooling water cannot be discharged into surface water or stormwater systems.
Noise: Large centers must have an on-site acoustic monitor, with continuous logging data to be made available to the City upon request. Noise cannot exceed 70 decibels in industrially zoned areas (65 decibels at night). For smaller data centers permitted in commercially zoned areas, daytime decibel levels are capped at 65, the sound equivalent to a normal conversation.
Energy usage: All applicants for data center permits must include a utility capacity letter from the electricity provider confirming there is energy capacity for the center and identifying upgrades needed for transmission or generation. Each data center must submit an energy management plan that describes the facility’s power use effectiveness, waste heat recovery measures, and on-site or offsite renewable electricity generation.
Backup generators: Diesel-powered backup generators may only be tested between 10 a.m. and 4 p.m. on weekdays. Notice of all scheduled generator testing must be given to neighboring property owners and scheduled testing windows must be listed on a public web site. Annual generator testing and emissions reports are required to be submitted to the City. Diesel generators must meet EPA Tier 4 emission standards.
Buffers: Mechanical equipment must be screened from view, and security fencing must be behind a required landscape buffer. These tree-filled buffers must be at least 50 feet in industrial zones and 100 feet in non-industrial zones. In addition, hyperscale data centers must be set back at least 1,000 feet from any non-industrially zoned property.
Monitoring: Companies must identify a single point of contact for the community and maintain a public web page that includes noise verification reports. A data center’s annual reporting requirements include compilation of all complaints received and the data center operator’s response to those complaints.
Mayor Scott shared his proposal with the Board today and will introduce an ordinance for the Board’s consideration on June 2.
“With these new standards, Little Rock’s approach to data center development can and should be a model for other communities,” Mayor Scott said. “We have listened to residents, our corporate and utility partners, and other stakeholders to propose reasonable regulations in the best interests of our entire community.”