CB 121214 — Version 2 https://webapi.legistar.com/v1/seattle/Matters/17150/Texts/18591 Screen Reader Users: Make sure settings include reading strikethrough and underline font attributes. The City of Seattle Ordinance Council Bill ..title An ordinance relating to land use and zoning; introducing a new definition for data centers; adopting a moratorium on the filing, acceptance, processing, or approval of applications for the establishment or expansion of, or change of use to, data centers; amending Section 23.84A.008 of the Seattle Municipal Code; approving a work plan; declaring an emergency; and establishing an immediate effective date; all by a 3/4 vote of the City Council. ..body Be it ordained by The City of Seattle as follows: Section 1. The City finds and declares: A. The proliferation of data centers has the potential to significantly affect Seattle's energy and water infrastructure, utility affordability and reliability, jobs and economic development, public health, and the environment. Several companies have indicated interest in building large-scale data centers in Seattle. B. Seattle's economy is in large part driven by a robust technology sector that may rely on data centers for server capacity both now and, increasingly, in the future, as the artificial intelligence sector grows. Data centers contribute to economic growth by enabling businesses to access much-needed processing and storage capacity. C. Data centers are power-intensive and require significant water supplies for cooling equipment. Data centers may also be emissions-intensive if using fossil fuels. D. Data centers can produce a significant amount of noise and heat that can negatively impact the health and wellbeing of surrounding communities. E. In June 2026, Council expects to consider and take action on an ordinance codifying the 2027 and 2028 rates for Seattle City Light customers that would establish a separate rate for new large load customers. F. Several smaller scale data centers exist in Seattle today, all in Downtown Seattle. G. The City desires to support the data needs of existing businesses, government entities, including public safety, as well as healthcare facilities, educational institutions, and others, and therefore values striking a balance that recognizes those needs and previous investment, and anticipates growing needs and future investment, in existing facilities. H. The combined and cumulative impacts of large electrical loads, emissions, and water use associated with new or expanded data centers may: 1. Exceed available infrastructure capacity and resource supply; 2. Require substantial unplanned capital investments; 3. Affect environmental quality, including watershed and aquatic systems, and wastewater treatment; 4. Impair the City's ability to meet climate and resource management goals; and 5. Affect the health and wellbeing of residents from air pollution, noise, and heat emissions. I. Plans and mitigation measures for identified impacts, and appropriate fee structures for electricity, water usage, and water treatment, should be clearly delineated in the City's fee schedules and development regulations before the filing of any permit for new or expanded large-scale data centers. J. The City needs time to analyze and determine how best to update its regulations to address data centers. K. The City needs time to identify what mitigation measures and community benefit policies, if any, would be most appropriate to address the impacts of locating new or expanded large-scale data centers in Seattle. L. Given the environmental, economic, public health, land use, and utility impacts of large-scale data center siting and operations, the City Council determines that an exemption from conducting review under the Washington State Environmental Policy Act of the interim prohibition on the filing, acceptance, processing, or approval of applications for new or expanded large-scale data centers is necessary under Seattle Municipal Code Section (SMC) 25.05.880. The proposed moratorium must be implemented immediately or within a period too short for full compliance with SMC Chapter 25.05 to prevent an imminent threat to public health and safety. M. For these reasons, the City proposes a moratorium that prohibits the filing, acceptance, processing, or approval of applications for new or expanded large-scale data centers, as principal or accessory uses, to allow the City time to consider and adopt appropriate permanent legislation. Section 2. The Council adopts a moratorium on the filing, acceptance, processing, or approval of applications to establish or expand data centers, either as principal or accessory uses, or change of use to data centers, either as principal or accessory uses, in all zones in the city. The moratorium applies to data centers as defined in Section 3 of this ordinance, whether as a component of a project or as the entire project for which a permit is sought. The moratorium does not apply to an application to expand a facility's capacity by no more than an additional 20 Megavolt-Amperes (MVA), if the facility is operating on the effective date of this ordinance and: (1) is a data center as defined in Section 3 of this ordinance; or (2) would otherwise meet the definition of data center in Section 3 of this ordinance except that its existing capacity is at or below 20 MVA. Section 3. Section 23.84A.008 of the Seattle Municipal Code, last amended by Ordinance 127401, is amended as follows: 23.84A.008 "D" "Data center" means a facility: (1) used primarily for the housing, operation, or co-location of computer and networking equipment and the handling, storing, managing, processing, and backing up of digital data; (2) having capacity in excess of 20 Megavolt-Amperes (MVA); and (3) generally requiring uninterruptible power supplies and associated infrastructure such as cooling systems, backup power systems, and battery storage. "Deck" means a platform extending more than 18 inches from a structure, or an unattached platform, including safety railings if required by the Building Code. A deck may be cantilevered or connected to the ground by posts and may have steps or ramps to the ground and a door to the structure. (See also "Porch.") * * * Section 4. The moratorium set forth in this ordinance shall be in effect for a period of 365 days from the effective date of this ordinance and shall automatically expire after the 365-day period ends unless the moratorium is extended as provided by statute, or unless terminated sooner by the City Council. Section 5. Pursuant to RCW 36.70A.390, the Council will hold a public hearing within 60 days of adoption of this ordinance to take public testimony and to consider adopting further findings. Section 6. Under RCW 36.70A.390, the Council approves the work plan shown in Attachment A. Section 7. The Council directs the Seattle Department of Construction and Inspections to amend the Intake Submittal Checklist for Land Use Permits such that information on electrical capacity in Megavolt-Amperes is required for a complete land use permit application. Section 8. Based on the authority of RCW 36.70A.390 and the findings of Section 1 of this ordinance, the public hearing requirement of Section 23.76.062 of the Seattle Municipal Code is waived for the adoption of this ordinance. Section 9. The City may renew this moratorium for one or more six-month periods in accordance with RCW 36.70A.390. Section 10. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of its application to any person or circumstance, does not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. Section 11. Based on the findings of fact set forth in Section 1 of this ordinance, the Council finds and declares that this ordinance is a public emergency ordinance, which shall take effect immediately and is necessary for the protection of the public health, safety, and welfare. Section 12. By reason of the findings set out in this ordinance, and the emergency that is declared to exist, this ordinance shall become effective immediately upon its passage by a 3/4 vote of the Council, and its approval by the Mayor, as provided in Article IV, subsection 1.I of the Charter of the City. Attachments: Attachment A - Work Plan for Data Center Moratorium Passed by a 3/4 vote of all the members of the City Council and signed in open session in authentication of its passage on . President of the City Council on . Katie B. Wilson, Mayor Attested on . Scheereen Dedman, City Clerk Seal LEG Data Centers ORD HB Harper D2 2 Template last revised April 2, 2026 DEPT Short Name of Legislation ORD Author's Name V1 2