Findlay

Will Findlay Require Decommissioning Bonds for Data Centers?

OhioRegister

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Will Findlay Require Decommissioning Bonds for Data Centers?

BY PATTY KLEIN

FINDLAY - The debate over two words — MAY or SHALL — has become a key issue in Findlay’s proposed Data Center Zoning Code.

On Thursday, November 13, the Findlay Planning Commission forwarded a version of the proposed zoning code stating language that the city MAY require a decommissioning bond for data centers. As a member of the Planning Commission, Mayor Muryn has stressed that she wants the code to remain flexible.

Councilmen Delong and Cullen raised concerns about the Planning Commission’s decision to return to the word MAY rather than SHALL. Councilwoman Kensinger questioned whether the Planning Commission was the appropriate body to approve the code, since the public would have no representation on the unelected board.

Mayor Muryn explained that requiring bonds for every data center would not be appropriate because smaller facilities would not create the same burden. Muryn also argued that private businesses can leave their buildings empty if they choose.

Councilman Wagner expressed concerns that mandatory decommissioning bonds could constitute government overreach, particularly since other businesses are not subject to the same requirement.

Councilman Cullen argued that residents would prefer the word SHALL, making the requirement mandatory. Councilmen Cullen and Delong brought forward a motion supporting that change, with Ms. Kensinger also supporting the decommissioning requirement. Wagner ultimately voted in favor of the language requiring SHALL.

Two Versions of the Proposed Code will now be forwarded to Findlay City Council.

According to the information presented, two versions are now being considered:

  • Planning Commission version: Uses MAY, allowing the city discretion to require a decommissioning bond. This version requires a simple majority vote.
  • Planning and Zoning Committee alternative: Uses SHALL, making decommissioning bonds mandatory. This version requires a supermajority vote.

Both pieces of legislation are expected to be presented to Findlay City Council on Tuesday, November 17.

A moratorium was placed on data centers in Findlay and is set to expire in April 2027. Many residents have been adamant that the moratorium remain in place due to changing technology and possible new data center requirements that may come from the incoming governor’s administration next year.

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