2026 September 01 POLICY PROPOSAL – Responsible Data Center Standards

POLICY PROPOSAL – Responsible Data Center Standards

POLICY PROPOSAL – Responsible Data Center Standards

Protecting farms, homes, and taxpayers before a project is approved

September 1, 2026

If elected, I will work to advance clear statewide and local standards for large data centers and similar high-intensity computing facilities. This is not a ban, it is a comprehensive road map. It is a set of rules so that any project that comes forward pays its own way, protects farmland and nearby homes, restores what it disturbs, and operates in the open.

Too often these facilities can be treated like a warehouse. That leaves communities without the tools they need. The standards below are written so cities, townships, and the state can adapt them. Where local governments already have authority, they should use it. Where state law is needed, I will work to put these protections into statute.

Purpose

These standards ensure that high-intensity computing or data facilities do not impose undue burdens on public infrastructure, utilities, taxpayers, the environment, residents’ privacy, agricultural resources, homes, or quality of life. All such facilities shall be permitted only as a conditional or special use and must fully comply with the following requirements. The applicant bears the burden of proof for all certifications and demonstrations.

1. Farmland and Agricultural Resource Protection

No high-intensity data processing or computing facility shall be permitted on:

  • Land containing soils classified as Prime Farmland or Farmland of Statewide Importance per USDA NRCS soil surveys.
  • Any parcel or portion thereof that has been used for agricultural purposes, including crop production, raising livestock or animals for food, fiber, or other products, or processing food or animals, within the preceding 10 years.
  • Land currently zoned Agricultural or enrolled in agricultural use valuation or tax programs.

Agricultural use shall be verified through county auditor records, farm program enrollment, aerial imagery, soil surveys, or other reliable evidence. A minimum 500-foot setback from active farmland or processing operations is required. An Agricultural Impact Assessment must demonstrate no net loss of viable agricultural land or processing capacity.

2. Infrastructure and Utility Responsibility

  • The applicant or owner must bear 100 percent of the cost of all on-site and off-site utility upgrades, expansions, or reinforcements required by the project, including electric, water, sewer, stormwater, and roads, with no costs passed to local residents or ratepayers.
  • Pre-approval engineering studies and will-serve letters from providers are required, confirming no negative effects on existing users or planned growth.
  • Construction haul routes shall be designated in advance. The operator shall repair any damage to those roads beyond normal wear and shall limit heavy-truck traffic to hours that minimize disruption to residential areas.

3. Restoration of Disturbed Areas and Construction Impact Protections

  • All public or private property, roads, utilities, rights-of-way, or other areas disturbed during construction, installation, or operation, including from extra traffic or heavy equipment, must be fully restored to pre-construction condition or better, as determined by the local engineer.
  • Restoration must occur within 30 days of completion of the relevant phase, weather permitting. A performance bond or escrow of at least 125 percent of estimated costs is required. Ongoing monitoring shall continue for at least 2 years after construction, with repairs at the operator’s expense.

Construction Impact Protections

Prior to any site preparation, grading, blasting, or use of heavy earth-moving equipment, the applicant shall:

  • Conduct a pre-construction structural survey of all residential, agricultural, and related structures, including foundations, wells, and septic systems, located within a distance determined by a qualified independent engineer, and in no case less than 500 feet from the property line or any area where explosives or heavy vibratory equipment will be used. The survey shall document existing conditions through photographs, written descriptions, and measurements or crack monitors where appropriate.
  • Provide written notice and a copy of the survey results to each affected property owner at least 30 days before construction begins.
  • Continuously monitor vibration, noise, and dust levels during blasting, pile-driving, or heavy earth-moving operations. An independent monitor paid by the applicant but reporting to the local government shall have real-time access. Vibration and noise shall not exceed levels determined by a qualified independent engineer to risk structural damage.
  • Accept that the local zoning or building official may issue a stop-work order if monitoring shows exceedances.
  • Be fully responsible for any structural damage, including foundation cracks, settling, well damage, or other construction-related harm shown to result from the project. The operator shall promptly repair the damage to the satisfaction of the property owner and local engineer, or compensate the owner for the cost of repair, at the owner’s election.
  • Maintain an additional performance bond or escrow specifically to cover potential construction-related structural and well damage.
  • Conduct an automatic post-construction survey of the same properties within 6 to 12 months after major earthwork or blasting ends. Additional independent surveys may be requested by the local government or affected owners at the operator’s expense if damage is alleged.

4. Environmental and Sustainability Requirements

Zero-Waste Operations. Zero-waste-to-landfill policy for all operations, including e-waste recycling and heat recovery.

Water and Energy. Best practices or caps for water conservation and minimum efficiency standards, such as PUE of 1.3 or better, with on-site renewable energy encouraged or required where feasible.

Well and Groundwater Protection. Baseline water-quality and water-level testing of nearby private wells before construction, with ongoing monitoring. The operator shall restore or replace any well that is damaged or significantly depleted as a result of the project.

Emissions, Noise, Vibration, and Light. Strict limits on noise and vibration, such as less than 45 dBA at night at property lines; no excessive vibration impacting neighbors; and full shielding of lighting. Maximum off-site illumination at the property line of any residential use shall not exceed 0.1 foot-candles. Full cutoff fixtures are required. Around-the-clock operations must minimize disturbances.

Decommissioning. Detailed plan for full removal and site restoration, with financial assurance by bond or escrow at 125 percent of estimated costs, updated periodically. The assurance shall remain in place until the local engineer certifies full restoration, including any off-site damage remediation. Removal and restoration required within 12 to 18 months of cessation of use.

5. Fiscal and Economic Accountability

  • No local tax abatements, incentives, PILOTs, or other reductions. The project must pay full property taxes.
  • Require impact fees for roads, emergency services, and other public infrastructure, plus a community benefit agreement proportional to projected impacts.

6. Data Privacy, Surveillance Protections, and Transparency

Limits on Data Collection. Surveillance or monitoring systems limited strictly to on-site facility security and operations. No collection from public rights-of-way, neighboring properties, or off-site areas beyond minimal necessity.

Prohibited Uses and Sharing. No selling, sharing, transferring, or providing access to personal or location data to third parties, law enforcement, or government agencies except pursuant to a valid court order. Prohibit integration with broader surveillance networks or use for immigration enforcement, civil matters, or non-criminal purposes.

Transparency and Notice. All equipment must be clearly signed and mapped. Annual public reports on data collected, retention periods of a maximum of 30 days unless tied to an active incident, access logs, and deletion policies.

No Secret Agreements. No public official, employee, or representative shall enter into, or be bound by, any nondisclosure agreement that conceals material terms involving taxpayer resources, tax incentives or abatements, infrastructure costs or improvements, community impacts, or other matters of public concern related to a high-intensity data processing facility, except where disclosure is specifically prohibited by state or federal law. All applications, studies, agreements, reports, and material negotiations shall be public records.

Privacy Policy. Adopt and publicly post a locally approved policy compliant with applicable laws, including data minimization, security safeguards, individual rights of access, correction, and deletion, and audit rights for the local government.

Biometric and Advanced Technology. Prohibit facial recognition, gait analysis, or AI-driven behavioral monitoring except for controlled access points with explicit consent where required by law.

7. National Security and Supply Chain Integrity

The applicant or operator must certify in writing, with supporting documentation subject to local verification, that the facility and all critical systems, including servers, networking equipment, surveillance cameras, power systems, and software, do not incorporate prohibited components or technology from entities subject to federal restrictions under the National Defense Authorization Act, Export Administration Regulations, or related national security laws. Annual compliance certifications are required. Violations constitute grounds for permit revocation.

8. Monitoring, Reporting, Compliance, and Community Liaison

  • The operator must submit annual reports, publicly available, detailing power consumption, water usage, waste generation and diversion rates, noise and vibration levels, and compliance with all standards.
  • Annual reports shall also include: permanent jobs promised versus actually created and retained; projected versus actual water and energy consumption; total infrastructure costs incurred by the operator and any costs borne by public entities; all subsidies, incentives, abatements, or public financial assistance received; and a summary of any compliance issues, violations, or enforcement actions.
  • Independent third-party audits of compliance, including environmental, privacy, and operational metrics, are required annually at the operator’s expense, with full results provided to the local government and made public.
  • The operator shall designate a local community liaison and maintain a public log of complaints regarding noise, dust, traffic, vibration, and similar issues, with response times and resolution status. The log shall be available to the local government and the public.
  • The local government retains the right to conduct inspections, require additional monitoring, and enforce through fines, stop-work orders, or permit revocation.

9. Siting, Design, Operations, Long-Term Analysis, and Enforcement

  • Restricted to Heavy Industrial or equivalent districts only as a conditional or special use, requiring large minimum lot sizes, generous setbacks, buffering, height limits, traffic impact studies, and emergency response plans coordinated with local fire and EMS.

Emergency Services Capacity. The applicant shall demonstrate that local fire, EMS, and police have adequate capacity and specialized training and equipment for potential data-center incidents, including battery fires and electrical hazards. If a shortfall is identified, the applicant shall fund necessary equipment, training, or capacity improvements.

Long-Term Cost Analysis. As part of any application, the applicant shall submit a Long-Term Cost and Impact Analysis covering a minimum 25-year period. The analysis shall evaluate projected impacts on the electrical grid and residential utility rates, water resources and aquifer, private wells, roads and traffic, emergency services capacity, farmland and agricultural operations, surrounding property values, residential quality of life, environmental remediation needs, and full decommissioning and site restoration costs. The analysis shall be prepared by qualified independent professionals and made available for public review.

Cumulative Impact Review. The reviewing authority shall consider the cumulative impacts of the proposed facility together with all existing, approved, and reasonably anticipated high-intensity data processing or similar facilities that would draw upon the same electrical grid, water resources, road network, and public infrastructure. Approval shall not be granted if the cumulative impacts would create undue burdens on residents, infrastructure, homes, or natural resources.

  • All applications, studies, agreements, and reports are public records.
  • Violations of any provision trigger fines, stop-work orders, permit revocation, or other remedies available under local or state law.

10. Property Rights and Eminent Domain

No approval under these standards shall authorize, support, or facilitate the use of eminent domain by any public entity or the project applicant for the acquisition of land or easements for the data-center facility itself or for related transmission lines, substations, water infrastructure, roads, or other supporting development. All land and rights necessary for the project shall be acquired through voluntary transaction.

Jason Purviance

Libertarian Candidate

Ohio State Representative District 47

Author: Jason Purviance

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