Achieving smart growth requires holding data centers accountable for their energy, water, and environmental impacts. At the same time, local policy must balance these protections with the need for economic growth, local jobs, and national security. In today's geopolitical climate, domestic digital infrastructure is essential to maintaining American competitiveness in artificial intelligence—especially as foreign rivals like China rapidly accelerate compute capability, often supported by foreign dark money designed to stifle U.S. growth. To protect Spokane County's resources without driving away vital technology investment, Chapter 14.830 SCC should regulate objective land-use impacts rather than relying on redundant categorical restrictions. 1. Conditional Use Permit (CUP) & MW Thresholds (SCC 14.830.160 & 14.830.170) Issue: Requiring a CUP for Large-Load facilities (20 MW+) in Heavy Industrial zones creates a burdensome, multi-tiered process. Limiting these facilities to Heavy Industrial zones already severely restricts where they can locate. Recommendation: Permit data centers outright in Heavy Industrial zones subject to clear development standards, reserving the CUP process for site- specific variances where additional review is genuinely warranted. 2. Setback Distances vs. Performance Standards (SCC 14.830.210(9)) Issue: A blanket 1,000-foot setback from residential or commercial property lines is overly restrictive given parcel configurations and is disproportionate compared to other permitted heavy industrial uses. Recommendation: Replace the fixed 1,000-foot setback with performance- based standards addressing actual property-line impacts, such as noise limits, light shielding, and visual screening. 3. Water Consumption & Source Prohibitions (SCC 14.830.190) Issue: While closed-loop cooling mandates make sense, prohibiting the use of valid on-site wells for system makeup water or general site operations unfairly penalizes properties with existing water rights. Other local uses consume significant volumes of water without facing similar bans. For comparison, a Five Guys burger restaurant in 3,000 sf of leased space uses over 1 Million gallons of water a month to blanch french fries in one of its Spokane County locations. Irrigating a 100-acre field corn crop in Eastern Washington requires approximately 217 to 267 acre-feet of water (70 million to 87 million gallons) per season. An 18-hole golf course in Spokane County typically uses between 40 million and 60 million gallons (123 to 184 acre-feet) of water per irrigation season. Recommendation: Focus on regulating overall volumetric water consumption and efficiency rather than banning specific, lawful water sources. 4. Energy Storage Duration Mandates (SCC 14.830.180(5)) Issue: Dictating a 10-hour minimum storage duration forces specific technology choices rather than allowing projects to select storage durations best suited to grid reliability and function. Recommendation: Remove the 10-hour mandate and rely on NFPA 855 safety standards and utility coordination to determine appropriate storage design. 5. Building Height Limits (SCC 14.830.210(10)) Issue: Capping height at 60 feet treats data centers differently than warehouses or manufacturing plants permitted in the same industrial zone. Recommendation: Apply standard dimensional and height standards of the underlying Heavy Industrial zone. 6. Decommissioning Financial Assurance (SCC 14.830.210(1)(i)) Issue: Data centers are high-value buildings that can easily be repurposed for alternative industrial uses, unlike facilities with major environmental liabilities. Recommendation: Tie performance bonding to demonstrated net decommissioning risk, with periodic adjustments based on remaining obligations and equipment salvage value. 7. Equipment Enclosure Mandates (SCC 14.830.210(5)) Issue: Requirements for metal-enclosed structures could inadvertently capture standard outdoor utility infrastructure. Recommendation: Clarify that enclosure rules apply specifically to IT equipment, explicitly exempting outdoor transformers, substations, and cooling infrastructure designed for outdoor installation. Regulating data centers through objective, impact-based standards ensures Spokane County can hold industry accountable, protect local municipal resources, and support the critical digital infrastructure necessary for economic resilience and national security. Thank you for your consideration. Christopher D. Bell, Esq., SIOR Managing Broker 509-622-3538(d) 509-954-2001(c) cbell@naiblack.com www.linkedin.com/in/christopher-bell-7318855 801 W. 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