A bill aimed at prohibiting artificial intelligence data centers in Hawaii County through the creation of a new definition in the county code is undergoing review by the county’s two planning commissions before it is voted on by the County Council.

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A bill aimed at prohibiting artificial intelligence data centers in Hawaii County through the creation of a new definition in the county code is undergoing review by the county’s two planning commissions before it is voted on by the County Council.

The Windward Planning Commission discussed the bill at its meeting on Thursday after previously deferring it from Sept. 3.

Introduced by Hamakua Councilwoman Heather Kimball, Bill 170 distinguishes between “data processing facilities” — which are defined as places where records and other digital information are stored and are currently a permitted use under the county code in certain zoning districts — and “data centers,” which refer to the large-scale facilities being built to house the infrastructure needed to power AI.

These centers, which use significant amounts of energy, water and other resources, have drawn concern and pushback from communities across the country where they have been built or proposed.

Kimball told the Tribune-Herald that her goal in introducing the bill was to close a potential loophole that could allow such centers to be constructed on the island.

“I think we have to preemptively prepare for an interest in developing data centers in Hawaii,” she said. “The purpose of this bill is very simple, very straightforward, from the standpoint that it defines what data centers are, and therefore, because it defines them and then does not put them anywhere in Chapter 25 (of the county code) as a permitted use, they become prohibited through that absence.”

The bill defines a data center as “a facility used for the industrial-scale operation of computer systems and associated equipment for the processing, computing, transmission, or dissemination of digital data, and that requires supporting infrastructure beyond that typically accessory or incidental to office, commercial, or public institutional uses.”

Kimball said this definition came from the National Association of Counties.

While commissioners expressed support for the intent of the bill at the Thursday’s meeting, they voted 5-1 to send an unfavorable recommendation to the council, due primarily to concerns that the definition was not specific enough.

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“They need to come up with something better that involves expertise, opinions, and it needs to be done in a way that’s separated and in a clean way so that there’s no loopholes left,” said Commissioner JoNelle Fukushima. “That’s the biggest issue here, is that if we do this too quickly, and we don’t take our time in understanding what the definition is, we may leave with unintended consequences, pathways to them being able to come in and do the data centers.”

Windward Planning Commission Vice Chair Chantel Perrin, who was the sole vote in favor of the bill, said there would be future opportunities for additions and clarifications to be made to the bill once it returns to council. She suggested that instead of submitting an unfavorable recommendation for Bill 170, that the commission instead indicate support for the intent of the bill and submit a list of the changes they would like to see made to the definition.

“Bill 170 needs to happen. It needs a definition,” she said. “Nonetheless, we may not agree with what’s being written, but it doesn’t mean it’s done there. We can tell them, that’s why we can suggest recommendations as to how we want it worded.”

Several members of the public who provided testimony during the meeting, expressed strong opposition to data centers and support for the bill’s goal, but also asked for additional, more specific language to be included.

“Bill 170’s intent is what our hopes and dreams are as a community,” said Hilo resident Cristina Holt. “However, the only thing that we are doing with Bill 170 is creating a definition. As I’m sure you guys have seen in your own research and the testimony that has come your way, there’s a lot of confusion about what we’re even talking about, so, setting a clear definition for what we are talking about is literally the very first step.”

There was also confusion surrounding recommendations submitted by the county Planning Department in response to the bill which included potential permitting regulations, which Kimball and Deputy County Corporation Counsel Jean Campbell noted are beyond the scope of this bill and would acquire additional legislation.

“(The council) would not be able to amend this particular bill in the ways that are being recommended,” Campbell said. “However, they have other options. They could withdraw this bill and introduce one that’s broader. They could pass this bill and then introduce something else that would address your recommendations.”

The Leeward Planning Commission will also evaluate the bill and make a recommendation to the council. The Leeward Planning Commission’s next meeting is scheduled for 9:30 a.m. on Oct. 15.

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Email Grace Inez Adams at [email protected].