The Birmingham City Council on Tuesday deferred a vote on proposed regulations that would restrict new data centers. The postponement came after a related protest and lengthy public hearing at City Hall.
Protestors and those who spoke at the public hearing expressed worries about data centers generating air pollution, noise and contaminated water, and about their proximity to homes and schools.
“I want my kids and all children in Alabama to have the right to clean air, clean water,” said Liz Lane, who lives in Hoover, about 5 miles from a large data center under construction in Birmingham. “And the AI data centers popping up around the country are really concerning to that promise. This is a problem all across Alabama and all across the country, and I hope that our leaders really take this seriously.”
About 85 people filled the council chambers as representatives of city departments that developed the draft regulations presented them to councilors and the public. Kim Speorl, zoning administrator for the city, explained that the proposed rules would define data centers – something current city laws don’t do. The draft rules also categorize data centers and place limits on them based on those categories, she said.
“Staff believes that these proposed regulations will protect our existing neighborhoods and the health and quality of life of our residents,” Speorl said. “We also think that they will allow for innovation and economic growth.”
Residents speak out
Nineteen people lined up to speak during the public hearing portion of the council meeting. While many praised city leaders for putting a temporary freeze on new data center applications last month and quickly developing model regulations, they also asked councilors to reconsider some parts of the draft rules.
For instance, several speakers requested an increase to the buffer zone between some types of data centers and residential areas and schools. They also said the hyperscale data center category – which includes the largest centers and the most restrictions – should be broader, and asked that the hyperscale limitations be extended to other categories.
Birmingham resident Bethany Fattore told the council the proposed regulations are a step in the right direction to protect the city’s citizens.
“I urge the council to vote ‘yes ‘to enact these regulations, with amendments to increase the 500-foot setback for hyperscale data centers to 1,000 foot as well as requiring the noise studies, lighting restrictions and setback restrictions for medium-sized data centers,” Fattore said.
Not everyone wanted additional restrictions. Representatives of the Birmingham Business Alliance and construction industry trade associations told councilors that adopting more stringent data-center requirements than peer cities could negatively affect Birmingham’s economic growth and job opportunities for residents.
“Our concern is not that this ordinance regulates – it should,” said Trevor Sutton, chief economic development officer for the Birmingham Business Alliance. “Our concern is that the provisions, as written, could discourage development and community investment rather than just shape it.
While the council could have voted on the proposed regulations, members asked city staff to revise the rules based on the public’s feedback and to present a new draft in two weeks. Because the version the council considers must be publicly available for at least four weeks before a vote, the soonest the council could approve regulations would be in June.
Meanwhile, a six-month moratorium on new data center applications is in effect until September.
Oxmoor Valley data center skirts regulation
Before the meeting and despite thunder showers, protestors stood outside City Hall, wielding umbrellas along with their signs protesting a massive future data center that won’t have to follow whatever rules the city eventually imposes.
The city granted permits for the Nebius data center under construction in Birmingham’s Oxmoor Valley neighborhood before the moratorium went into effect. The facility’s projected annual energy use would be double the total residential electricity consumption of Birmingham households.
Madelyn Greene, president of the Oxmoor Valley Neighborhood Association, said she learned about plans for the data center in January, and area residents have many questions. The site is close to homes, schools and a planned animal shelter. She said health impacts are her biggest concern.
“If you already have a condition, a respiratory condition, the fumes that will be emitted to the air is going to be harmful,” she said.
Rob Sansome, who lives near the site, spoke during the public hearing.
“This isn’t academic for us,” he said. “Our home is 800 feet from what is being constructed right now, so we are already experiencing some of the effects of that.”
He said he’s being disturbed by construction noise, and that will be replaced by operational noise and pollution.
Unlike Greene, Sansome doesn’t hold out hope the Nebius project will be restricted.
“But if we can continue the fight, maybe the next neighborhood or the future of Birmingham will be a little bit better,” he said, “because we are taking whatever experience we have now and trying to hold these folks accountable for the next one.”
