A5373

An Act concerning noise abatement of data centers and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Certified acoustic engineer” means a person who is board certified in noise control engineering by the Institute of Noise Control Engineering or who holds a community noise enforcement certification, issued by a public or private institution of higher education in this State.

“Data center” means a facility: (1) that primarily provides services related to the storage, management, and processing of digital data; and (2) that is used to house computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems, systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data communications connections, environmental controls, fire protection systems, and security systems and services.

2. a. Notwithstanding any other law, rule, regulation, or ordinance to the contrary, an approving authority shall not approve a site plan for the construction of a data center submitted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), or grant any other approval for the construction of a data center required by an approving authority, municipal agency, or enforcing agency pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) or P.L.1975, c.217 (C.52:27D-119 et seq.), if the applicant violates this section.

b. (1) Notwithstanding any other law, rule, regulation, or ordinance to the contrary, prior to site plan approval, a property owner or operator of a proposed data center shall arrange for a sound study to be conducted by a third party who is a certified acoustic engineer, and provide the results of the study to the site plan approving authority.

(2) The study conducted pursuant to paragraph (1) of this subsection shall document the existing baseline sound levels in the area of the proposed data center.

(3) The measurements used in the study conducted pursuant to paragraph (1) of this subsection shall include noise levels taken at the property line of the nearest feasibly accessible property that is zoned for residential use, as determined by the approving authority. The selected measurement location shall be reasonably accessible from the proposed data center site.

c. (1) A data center shall be designed and built to incorporate noise abatement methods sufficient to ensure that sound levels emanating from the data center meet the requirements of any applicable municipal noise control ordinance.

(2) Noise abatement measures and design features shall include acoustic barriers around cooling units, generators, and back-up generators of the data center.

(3) A developer shall provide design specifications for noise abatement measures and features to the municipality before an approving authority issues a building permit for the proposed data center.

3. a. Notwithstanding any other law, rule, regulation, or ordinance to the contrary, once a data center is operational, and annually for three years thereafter, during the same month of initial study completion in subsequent years, while the data center remains in operation, the data center operator shall conduct a noise study, to be performed by a third party who is a certified acoustical engineer. The data center operator shall provide the results of the study to the municipality within 60 days of study completion. The studies shall evaluate and confirm or disaffirm compliance with the applicable municipal noise ordinance. A data center operator shall conduct the initial noise study required pursuant to this subsection within 60 days of the day that the data center becomes operational.

b. The noise studies conducted pursuant to this section shall document noise levels emanating from the data center during peak operation of mechanical equipment measured at the property line of the nearest accessible property to the data center property that is planned or zoned for residential land uses by the municipality.

4. A municipal governing body may adopt an ordinance authorizing the imposition of a fine upon data center operators for noncompliance with of P.L. , c. (C. ) (pending before the Legislature as this bill).

5. The Commissioner of Community Affairs may adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

6. This act shall take effect immediately.

STATEMENT

This bill prohibits an approving authority from approving a site plan for the construction of a data center, as defined in the bill, or granting any other approval for the construction of a data center required by an approving authority, municipal agency, or enforcing agency if the property owner or data center operator violates certain requirements.

Prior to site plan approval, a property owner or operator of a proposed data center is required to arrange for a sound study to be conducted by a third party who is a certified acoustic engineer, and provide the results of the study to the site plan approving authority. This study is to document the existing baseline sound levels in the area of the proposed data center.

The bill requires a data center to be designed and built to incorporate noise abatement methods, measures, and design features, as listed in the bill, sufficient to ensure that sound levels emanating from the data center meet the requirements of any applicable municipal noise control ordinance. Furthermore, a developer is required to provide design specifications for noise abatement to the municipality before an approving authority issues a building permit for the proposed data center.

Once a data center is operational, and annually for three years thereafter, during the same month of initial study completion in subsequent years, while the data center remains in operation, the data center operator is required to conduct noise studies performed by a third party who is a certified acoustical engineer, and provide the results of the study to the municipality within 60 days. These studies document noise levels emanating from the data center during peak operation of mechanical equipment and are to evaluate and confirm or disaffirm compliance with the applicable municipal noise ordinance. A data center operator is required to conduct the initial noise study within 60 days of the day that the data center becomes operational.

The bill authorizes a local governing body to adopt an ordinance authorizing the imposition of a fine upon data center operators for noncompliance with certain requirements of the bill.

The bill authorizes the Commissioner of Community Affairs to adopt rules and regulations necessary to effectuate the provisions of the bill.