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The Data Center Divide

City of La Pine

Slightly Anti-Data Center Policies

Oregon’s rules limit some tax incentives and impose higher rates, long-term contracts, and other costs on large data centers served by covered utilities; temporary permitting and state-land pauses can delay certain projects, but do not ban development statewide.

Rating and summary from Oregon statewide as there are no scored current or future laws outside temporary restrictions for City of La Pine.

pending · City of La Pine
Establishes proposed noise, lighting, and transparency standards for covered data centers in La Pine, including facilities with at least 5 megawatts of connected electrical load or 25,000 square feet of conditioned floor area; the initiative is not yet law or qualified for the ballot.La Pine Data Center Accountability citizen initiative

What this means

The measure would not ban data centers, but covered facilities would need to meet noise and lighting limits and file public annual reports on energy, water, generator use, and jobs. Generator testing limits and the other standards could add compliance costs and constrain operations, though emergency generator use is allowed.

People behind it

  • Chief petitioner responsible for proposing the citizen initiative.

  • Campaign group and co-petitioner responsible for proposing the initiative and gathering signatures.

  • Received the ballot title and administered the ballot-title process for the proposed measure.

Restrictions & requirementsHide restrictions & requirements10
  • The requirements apply to any data center with a connected electrical load of at least 5 megawatts, at least 25,000 square feet of conditioned operating floor area, or an expansion or modification that reaches either threshold. Covered Data Center definition

  • From 8:00 p.m. to 7:00 a.m., covered data centers may not cause site noise to exceed 55 dBA at the property line. Nighttime noise standard

  • Covered data centers must comply with tone-excess limits for one-third-octave bands measured at the property line: no more than 15 dB for 25–125 Hz, 8 dB for 160–400 Hz, and 5 dB for 500–10,000 Hz. Tonal and low-frequency limits

  • Generator noise may not be audible beyond the property line except during defined emergency operations or permitted maintenance and testing. Audible maintenance or testing is limited to 9:00 a.m.–5:00 p.m., Monday through Friday, for no more than 120 minutes per generator per calendar month. Generator noise restrictions

  • Exterior lighting must be fully shielded and downward-directed, emit no direct light above the horizontal plane or beyond the property line, use light sources of no more than 2200 Kelvin, and emit no more than 2% of total output below 500 nanometers. Exterior lighting requirements

  • Searchlights, laser displays, architectural uplighting, façade lighting, and decorative lighting visible beyond the property line are prohibited. Prohibited lighting

  • Each covered data center must file a public annual report by February 15 disclosing electricity consumption, water consumption, generator runtime, and full-time-equivalent on-site jobs. Annual reporting requirement

  • Before imposing a civil penalty for a first violation, the City generally must provide written notice and allow seven calendar days to cure, but no cure period is required for specified immediate, ongoing, materially interfering, or repeated violations. Notice and cure rules

  • Violations are public nuisances and may result in civil penalties of $1,000 per day for a first violation after the cure period, $2,500 per day for a second violation of the same provision within 12 months, and $2,500 per day for subsequent violations, with possible injunctive relief. Each continuing day is a separate violation. Enforcement and penalties

  • If approved, the ordinance would take effect 30 days after certification of the election results, unless a different date is required by state law, the Oregon Constitution, or the City Charter. Effective date

Benefits & exceptionsHide benefits & exceptions7
  • Facilities below the definition of a covered data center are not subject to the ordinance’s covered-data-center requirements. Coverage begins at 5 megawatts of connected electrical load, 25,000 square feet of conditioned data-center floor area, or an expansion or modification that reaches either threshold. Covered Data Center thresholds

  • Generators may operate without the ordinance’s generator-noise restriction during defined emergency conditions, including utility outages, brownouts, catastrophic equipment failures, fires, natural disasters, and public-safety emergencies. Emergency Operation

  • Generator maintenance and testing may produce noise audible beyond the property line between 9:00 a.m. and 5:00 p.m. on weekdays, up to 120 minutes per generator per calendar month. maintenance or testing

  • Before imposing a civil penalty for a first violation, the City generally must provide written notice and allow seven calendar days to cure the violation and confirm the cure. Exceptions apply for immediate health or safety threats, ongoing or repeatedly recurring unauthorized generator noise, materially and continuously interfering noise or light pollution, and repeated violations within 12 months. 7 calendar days

  • The City may adopt implementation rules and measurement procedures, but those rules may not expand, narrow, or modify the ordinance’s substantive requirements. no rule may expand, narrow, or modify

  • Annual reports may be redacted when federal or state law protects trade secrets or other confidential information, provided the redaction is narrowly tailored and supported by a written explanation. may be redacted

  • The ordinance would not take effect until 30 days after election results are certified, unless a different date is required by higher law or the City Charter. 30 days after certification

Sources

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