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Housing & Permitting Committee

Transcript

Transcript

Automatically generated transcript. It may contain errors and includes testimony in languages other than English that is not individually marked up for assistive technology.

Candace Avalos 5:59 - 6:11

5:59Good afternoon.

6:02I am going to call the meeting of the Housing and Permitting Committee to order, order on Tuesday, September Councilor Tiffany Koyama Lane.

Tiffany Koyama Lane 6:15 - 6:15

6:15Here.

Unidentified speaker 6:15 - 6:18

6:15Novick.

6:18Green.

Mitch Green 6:18 - 6:19

6:18Here.

Unidentified speaker 6:20 - 6:20

6:20Pirtle-Guiney.

Elana Pirtle-Guiney 6:21 - 6:21

6:21Here.

Unidentified speaker 6:21 - 6:22

6:21Avalos.

Candace Avalos 6:22 - 6:24

6:22Present.

6:23Claire, please read the statement of conduct.

Unidentified speaker 6:26 - 7:31

6:26Thank you, Chair.

6:26Good afternoon and welcome to the meeting of the Housing and Permitting Committee.

6:29To testify before this committee in person or virtually, you must sign up in advance on the committee agenda at portland.gov /council/agenda/housing-and-permitting-committee or by calling 311.

6:41Registration for virtual testimony closes 1 hour prior to the meeting.

6:44In-person testifiers must sign up before the agenda item is heard.

6:48If public testimony will be taken on an item, individuals may testify for 3 minutes unless the chair states otherwise.

6:54Your microphone will be muted when your time is over.

6:56The chair preserves order.

6:57Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, Or interrupting others' testimony or committee deliberations will not be allowed.

7:06If you cause a disruption, a warning will be given.

7:09Further disruption will result in ejection from the meeting.

7:12Anyone who fails to leave once ejected is subject to arrest for trespass.

7:16Additionally, the committee may take a short recess and reconvene virtually.

7:19Your testimony should address the matter being considered.

7:22When testifying, state your name for the record.

7:24If you are a lobbyist, identify the organization you represent.

7:27And finally, virtual testifiers should unmute themselves when the clerk calls your name.

7:31Thank you.

Candace Avalos 7:31 - 7:53

7:31Thank you, Claire.

7:32We have 3 items on our agenda today.

7:35We will first have time for public comment on housing and permitting issues.

7:39Then I will give a brief update on community engagement for the Unified Housing Strategy, and we will discuss a resolution on nondisclosure agreements related to data centers that is being brought forward by Councilor Koyama Lane and Vice Chair Green.

7:52With that, Wendy, please read the first item.

Unidentified speaker 7:55 - 8:03

7:55Item number 1, Housing and Permitting Community Feedback, item number 2026-296.

Candace Avalos 8:03 - 8:23

8:03All right, so we will hear from community members on their concerns, ideas, or feedback.

8:07And just also a reminder to folks that this, uh, time is open for any kind of commentary you want to make.

8:13Doesn't have to be anything that is on the agenda.

8:16So please do continue to sign up and share your experiences and your thoughts with us.

8:21Uh, Wendy, go ahead and please call up our testifiers.

Unidentified speaker 8:24 - 8:26

8:24Yes, Amber Cook is joining us online.

Candace Avalos 8:29 - 8:30

8:29Welcome, Amber.

8:29Go ahead.

Amber Cook 8:31 - 11:46

8:31Okay, thank you.

8:33Yeah, greetings to the committee members.

8:36My name is Amber Cook.

8:38This does relate to both the proposed ban on the NDAs for data center negotiations and the unified housing strategy.

8:48This is just a short bit from an article by Rob Davis, ProPublica, that was put on OregonLive August 21st.

8:55Some Oregon spending on low-income housing has exploded in the past 5 years.

9:01The state has given developers an unprecedented $1.4 billion, and the cost of developing each apartment is nearly doubled.

9:08That's like $540,000 each.

9:10Dozens of projects are lined up for an additional $850 million in future state funding.

9:15And then just aside, and the city has $35 million coming up for, you know, the same kind of dispersal.

9:20Thank you.

9:22But one thing has remained constant in Oregon.

9:24The public isn't allowed to see the details of how these dollars are being spent.

9:29So, in, in, for those who don't know, in like 1997, state legislatures passed a law that prevents our government from disclosing the financial details of subsidized housing projects, thwarting researchers, advocates, and journalists trying to examine their cost and understand why things aren't improving and Oregon's homeless population continues to grow.

9:50Transacting public money behind closed doors allows for abuse and misuse that we can clearly see has gone too far and must be curbed by public pressure and elected official action.

10:01We saw a few meetings ago where the Portland Housing Bureau did a slide presentation on kind of the public's reaction to, you know, taxes and spending, where it said, you know, basically the public is generally okay with the taxation.

10:17For housing, but not when it isn't getting results, and it isn't.

10:22Anyone living in low-income housing can tell you that conditions across the board have deteriorated sharply since the housing crisis started 14 years ago.

10:32Although landlord developers like to blame COVID, the degradation of housing started a few years before that, as their private— as their higher profit extraction demands made their property management companies have to stop necessary and normal business expenses.

10:49To To save money to generate those higher profits, which sadly works because no one will hold them accountable to landlord-tenant laws and city codes.

10:57While no one is, of course, an exaggeration, it's not based on years of lived experience trying to get anyone to hold slumlords here accountable for violations and ongoing negligence.

11:10So please, before you open up the public coffers and start pouring millions more into these for-profit developers' pockets, you'll want to understand— you'll want to demand financial transparency.

11:23Insist on the bailouts producing lower, more wage-affordable rents rather than just giving them the money with no expectation of what comes out of it.

11:33And then, of course, hear from a wide range of renters.

11:36Um, it's not proven useful to just listen to the lobbying narratives of property owners who are costing us millions and not producing sufficient affordable and safe housing.

11:46Thank you.

11:46Thank you.

Candace Avalos 11:47 - 11:52

11:47Thank you, Amber, for your testimony.

11:51Do we have others on the list today?

Keelan McClymont 11:52 - 11:54

11:52That concludes public input.

Candace Avalos 11:54 - 11:59

11:54All right, thank you.

11:57Um, let's go ahead and call item 2.

Unidentified speaker 12:02 - 12:08

12:02Item 2, document number 2026-297, Unified Housing Strategy Engagement Update.

Candace Avalos 12:09 - 17:54

12:09All right, colleagues, so this is just a little, uh, verbal update for you on what's been going on with the UHS, or Unified Housing Strategy, um, where we are with the engagement.

12:20And so as a reminder, council adopted the Unified Housing Strategy resolution last year with the goal of bringing the city's housing work into one coordinated strategy with clearer priorities, measurable outcomes, and stronger alignment across bureaus and with our community partners.

12:35So over the last several months, I've been working closely with the Housing Bureau and the CEDSA, the Community and Economic Development Service Area bureaus, and their staff to help plan and lead the engagement process that is going to inform that strategy.

12:48So what we have done so far has largely taken the form of World Cafe-style stakeholder discussions with subject matter experts from across Portland's housing ecosystem.

13:00This includes the stakeholder list that we shared with committee a couple months ago, and committee members had the opportunity to review and provide some feedback and identify additional people and organizations who should be invited to those conversations.

13:12The goal of these sessions has been to bring together people with deep experience experience in different parts of the housing system and give them space to work through the actual policy and implementation questions in small group discussions.

13:24So on August 10th, we held our first session focused on housing preservation.

13:28So that is on how we sustain the housing we already have, protect affordability, and prevent the loss of existing units.

13:35On August 11th, we held a second session focused on housing production, including how Portland can support the development of more housing across different types and income levels.

13:44Our 3rd session took place yesterday on August 31st, and we focused on funding, specifically how we build a more sustainable and durable funding strategy for Portland's housing goals.

13:55In all of the sessions, participants were reviewing city actions, existing city actions, discussing which strategies should be prioritized, identified implementation barriers, and talked about where the city can lead versus where success will require shared ownership with other partners.

14:12I have really appreciated the depth of those conversations and the willingness of participants to move beyond just identifying challenges, but actually starting to grapple with the trade-offs and priorities and what implementation actually requires.

14:23We have been very diligent in these meetings to say that we want people to come to the table to be part of those solutions and be those partners that we need, that the city needs in order to move these goals forward.

14:35And I'm very grateful that folks have leaned into that.

14:39We have— we decided we needed a little bit more engagement on production and preservation.

14:44So we have planned 2 additional opportunities in September.

14:49Currently, those are scheduled for September 22nd for production and September 25th for preservation, and they will be virtual to maximize participation.

14:59We also have an event or another forum on September 8th, and that one is focused on Goal 3 of the strategy, which is largely around social housing and innovation.

15:10So now what we're going to do is work to schedule engagement in each council district open to all members of the public.

15:17So the district-based conversations are going to look different from the subject matter expert sessions.

15:22These are intended to be broader community conversations that are accessible to all community members, not just people who work professionally in housing.

15:30And that is an important part of the process because lived experience, as we know, and neighborhood experience need to sit alongside technical expertise as we are deciding what strategy we should prioritize.

15:41So we will take everything that we've consolidated through the help of our partners and stakeholders, package that in a way that the public can digest and get their feedback again on where we need to be putting our prioritization, which is a big part of this goal because we have lots of objectives and goals and ideas, but we have to prioritize them with our limited resources.

16:02And decide again how we are— what's the goal we're working towards and the strategy to get there.

16:08PHB has also created a public-facing website where the public can learn more about the Unified Housing Strategy and these upcoming engagement dates.

16:17So that website is portland.gov/phb/unified-housing-strategy.

16:24So in closing, ultimately the goal is not simply to produce another long list of housing policies, It is to develop a strategy that helps us make choices.

16:33So what are we prioritizing?

16:35What are we measuring?

16:36Where should the city lead?

16:37Where do we need partners?

16:39And how are we organizing our resources around the outcomes that we're trying to achieve?

16:42So there's a lot of work ahead, but I'm very encouraged by the engagement so far.

16:46We have had very fruitful conversations, and again, grateful to staff and our partners and everyone who has contributed their time and expertise.

16:54I'm going to continue to keep the committee updated as we move through this next phase of engagement and begin translating that feedback into the draft unified housing strategy.

17:04As you know, it is my intent to bring something back to this committee and then to council about, uh, us making a decision on what is our unified housing strategy vision.

17:15So that is the update.

17:17Uh, I will pause and open it up for any questions or reflections on what I've shared.

17:23And, um, also will say one thing that I have been talking with the city attorneys as it relates to, you know, we've been dealing with all these quorum-related things due to the new public meeting laws.

17:36And so essentially they are saying that, like, there's all these restrictions on who can come to these sessions.

17:43Complicated.

17:44But let's keep talking about that.

17:46I would love for councilors to be involved.

17:48I think if we can try to do it in where people can come to sessions and it not be a quorum thing, that would be ideal.

17:53But just know that it is my intent for those conversations to continue.

Lynn Handlin 17:54 - 17:55

17:54Thank you.

Candace Avalos 17:57 - 18:07

17:57To be open for councilors and also for councilors to, you know, invite their district community members to participate in that discussion.

18:04So with that, Councilor Pirtle-Guiney.

Elana Pirtle-Guiney 18:08 - 18:28

18:08Thank you.

18:08And I think you started to get at my question right there.

18:10I was hoping to get a little bit more information about those district-level conversations and who would be planning those, what they would look like.

18:18Is that something that you will request that each district plan and the councilors from that district will organize them, or something that you are planning on organizing across the city?

18:28City?

Candace Avalos 18:28 - 19:16

18:28What, what is this?

18:30Yeah, so it's technically the Housing Bureau is organizing it.

18:33So like, I am a partner to the Housing Bureau, but they are organizing the, the events.

18:38Obviously would look to guidance of the councilors in each district, of course, and plan to, uh, reach out.

18:44And again, just trying to navigate the complicated laws, uh, meetings laws that the lawyers have cautioned me about, because in an ideal world, I would have wanted all the councilors and all the districts to just kind of participate, but Yes, Housing Bureau is the main, you know, person helping to organize this, obviously with my help.

19:01They've put together the format, pretty straightforward, but we definitely welcome thoughts and we will be sharing that.

19:09And that's also what the website is for, is so that as we're developing the vision for that, that can be easily accessible, not just to councilors but to the public.

Elana Pirtle-Guiney 19:17 - 19:48

19:17I think it would be really helpful to make sure that councilors have an opportunity to be there, to make sure that the bureau is reaching out directly to the 3 councilors in each district.

19:25Both to ensure that the dates work and to check in about the format.

19:31Because I know with, for example, our budget conversations, different districts decided to go about those in different ways, and it would be helpful to bring in the expertise of the 3 people who live in the district to help think about where those should be, when those should be, how they would work best for the communities that we represent.

Candace Avalos 19:49 - 19:51

19:49Absolutely.

19:51Thank you.

Mitch Green 19:51 - 20:48

19:51Councilor Green.

19:54Thank you.

19:55And thanks for the update.

19:56And, you know, offering my support for the District 4 scheduling.

20:00I think one of the nice things about the committee being just one person from every district, each— there's a member of the committee that can kind of bottom line the interaction with the Portland Housing Bureau.

20:13You mentioned lived experience a lot there, and I just tuned into that.

20:18My district is more than half renters.

20:21And so 53% are renters.

20:23And so we're going to be very interested in making sure that the Portland Housing Bureau thinks about not scheduling these during a period of time where people are at work, scheduling them in a part of the city that tenants actually can attend to.

20:38And so, and of course, the other councilors will be welcome to shape that as well.

20:43But I really appreciate that.

20:45I think that's a really important piece of the council-led engagement part.

Candace Avalos 20:48 - 20:48

20:48Thank you.

Unidentified speaker 20:48 - 20:50

20:48So just offering my partnership in that.

Candace Avalos 20:52 - 21:37

20:52Yeah, thank you.

20:52Absolutely.

20:53And, um, I think, you know, again, trickily navigating some of the restrictions that I have been told are barriers.

21:01So, um, trying to figure out what's the best way to make sure that people can be as involved and we're following those tricky laws.

21:08Um, but yes, uh, right now the goal is for those to be scheduled Um, probably in early October is the goal.

21:18Like, the timeline has kept shifting, but we're looking at trying to get through all of those in October.

21:22So just a general time frame, but more info will be coming.

21:28Any other questions or thoughts?

21:32Okay, great.

21:34With that, let's go ahead and move to item 3.

21:36If you could please call that, Wendy.

Unidentified speaker 21:39 - 21:56

21:39Thank you.

21:39Yes, item 3, document number 2026. urge the city administrator to refrain from signing data center nondisclosure agreements, notify City Council of inquiries for data center deals, and engage in transparent public processes related to data centers.

Candace Avalos 21:57 - 22:19

21:57Thank you, Wendy.

21:57So Councilor Koyama Lane and Vice Chair Green have brought to us a resolution in response to emerging concerns surrounding data center facilities, and so I will hand it off to the sponsors for opening remarks.

22:09And then I— we have staff from the Bureau of Planning Sustainability, followed by an invited panel, and then we'll open it up to public testimony and committee discussion.

22:17So with that, Councilor Koyama Lane.

Tiffany Koyama Lane 22:20 - 22:42

22:20Thank you so much, Chair Avalos, for this time on the agenda to consider this resolution that I'm co-sponsoring with Councilor Green.

22:27We know that data centers are a big topic right now, and for good reason.

22:31I'm thankful that we have the space to talk about how this affects us here in Portland.

22:36That's maybe one of the first questions.

22:37Can this affect us in Portland?

22:39And I'll answer that really shortly.

22:42Yes.

Unidentified speaker 22:42 - 23:55

22:42I'm going to pass around this map that's also listed as an exhibit.

22:46This map in the online also shows that there are at least 10 sites that can accommodate a hyperscale data center in our city limits.

22:56So if you're trying to look at the map, find the black and yellow outlines around sites.

23:01They're in places like Hayden Island near OHSU, South Waterfront, and on both sides of the Willamette River.

23:06And while I could go on and on about how data centers consume air, water, and land that our future generations will depend on long after a company's contract ends, as well as associated environmental health impacts.

23:23This resolution is ultimately about good governance and protecting our process and democracy.

23:29We need to be pushing for strong protections, and I think all of the advocates out there pushing hard for things like bans and moratoriums.

23:38I can assure you I hear you.

23:39I wholeheartedly agree, and I support doing what makes sense and what it takes at the state level, local level, to go as far as we can to protect ourselves and communities and our planets.

23:51Chair, I also have an amendment that you can let me know when I should introduce that.

23:55So I hope that—.

Candace Avalos 23:55 - 23:57

23:55Councilor Tiffany Koyama Lane.

Unidentified speaker 23:57 - 29:22

23:57I hope that we can pass this swiftly.

23:59This is— I want this to be seen as a first step.

24:01It tells our City leadership, the executive side, not to sign secret nondisclosure agreements with data center companies.

24:10This resolution is about transparency.

24:11Secrecy erodes trust within our city government.

24:15We especially don't want that with an industry that touches our drinking water, electricity, and air quality.

24:22So normalizing transparency in our decisions is really important.

24:27And we still are a new-ish council.

24:30I don't feel like we're new-new, but we're still new-ish, and we are setting precedents.

24:34And so sound, transparent processes now are really important for preventing harm in the future.

24:42So this, I see this as a high-integrity first step that pairs well with a next important step of a moratorium or ban on hyperscale data centers.

24:52We are monitoring what is happening with the different moratoria efforts in Hillsboro and Salem, have had a lot of conversations with our land use attorney, Attorney King, and she's been great and has— I've learned a lot already.

25:06Thank you for your support.

25:08And based on conversations, you know, we— it's important to know which efforts are expected to face appealable land use decisions that may or may not be held up in court.

25:18And you've also probably— folks have seen that Governor Kotek is leading state processes and encouraging local action.

25:26We also need to follow what's happening at the state level to To figure out what our next steps— what makes sense for our next steps.

25:34So, but for this today, it literally costs the city nothing to commit to being transparent.

25:40I hope that my colleagues will vote to support this resolution.

25:43Also open to co-sponsors if anyone is helping to leading this.

25:47And the amendment that is listed, Koyama Lane Green 1, just to share a little bit about it, it adds a be it further resolved, that clause that states City Council intends to pursue moratorium or zoning restrictions on all hyperscale data centers at the earliest time and to consider additional approaches for large load data centers.

26:08There's, you know, different information on vocabulary and definitions.

26:12Also, we're seeing Washington County and Clackamas County have some movement in this area.

26:17So this might be something that, as the City of Portland, we reach out to our colleagues in Multnomah County to see what is a good way forward and how we might want to work on that together.

26:30I just want to make sure to really thank BPS, PP&D, DC Oliveira, and Christina Gann for working with our team.

26:38You're doing a lot of work in this area and appreciate your research looking at code trends, laying the groundwork for responsible policy and practice in this area.

26:49And Claire Adamsick, you're amazing.

26:52Thank you for your research and coordination over the last couple months on this topic.

26:56And Alan, Aubrey, and Sabatino on my team.

26:59Sabatino is our amazing Summer Works Program intern.

27:03We loved him.

27:04We love him so much.

27:05He's back at college now, but he spent a lot of time on this policy.

27:08Sorry, I know it was a lot.

27:09I could have maybe said some of that later, but now I will hand things over to my co-sponsor, Vice Chair Green, if you want to make any additional comments.

27:18Thank you so much, Councilor Koyama Lane, and thank you for leading on this.

27:22This was a thing that I, would sometimes lie awake at night thinking about, you know, looking at other jurisdictions, looking at what's happening in Hillsboro, and frankly all around the state, and wondering how do we take proactive action on this.

27:35And when I found out that you were working on this, I was excited to have the opportunity to join you and support this.

27:42I think it is a good first step.

27:45I think that, you know, in this new form of government, when we have A city administrator and a sort of council's a legislative body and a quasi-judicial body and an oversight body, using resolutions to sort of express council's will on how we expect the city administrator to move is a great first step.

28:04And I think there are many cases where budget notes and other resolutions are honored in that way.

28:11And just had an interaction with the city administrator today talking about one of my budget notes.

28:15So I think that this is a great way to interact as a good faith partnership with the city administration.

28:21And, you know, the way that you've constructed it with the early assistance piece, we'll find out if that doesn't happen because we do get the public notice on early assistance.

28:31And so if we find that there's— that this is inadequate down the road, then maybe we move to codification of something like this.

28:37But I really appreciate you taking this nimble approach because it doesn't cost a lot and it sends a clear signal to to our community that, that the public opinion matters.

28:48You know, it's not about necessarily whether I want data centers or not in my neighborhood.

28:52It's about whether we want the public to know that we understand that this is an urgent moment and we want them to have as much information as possible so we can engage in this, in the land use process.

29:03So I thank you for bringing this forward, and I'm glad you drafted the amendment because I was also like, should we say something about moratoriums?

29:09So Uh, support that as well.

29:11So I don't think I've got much more to add than that.

29:13I want to say thanks to the staff who've helped, uh, prepare this and the city attorneys who've advised on this.

29:18And, uh, and Claire, of course, you're a rock star.

29:20Um, all right, that's it for me, Chair.

Candace Avalos 29:23 - 29:31

29:23Thank you.

29:23And so you have previewed the amendment, so we'll— we can move and second it later if that's fine.

29:29Um, and then is this Sandra?

Sandra Wood 29:32 - 29:33

29:32Yes, I am.

Candace Avalos 29:33 - 29:35

29:33Wonderful.

29:33So Sandra, you are up.

Unidentified speaker 29:44 - 29:47

29:44Okay, thank you very much for having me, councilors, for inviting me.

Sandra Wood 29:47 - 39:22

29:47And I have to echo how wonderful Claire is because, um, we only sing her praises in our office.

29:54Um, good afternoon, my name is Sandra Wood.

29:56I'm with the Bureau of Planning and Sustainability.

29:59I use she/her pronouns, and we're of course in the Community and Economic Development Service area.

30:05I'm a principal planner, so I'll be principally speaking to you today about the land use implications of data centers, how they're classified in the zoning code, and where they're currently allowed.

30:18The city's building official is also here, Natalie Didion.

30:22She works for Portland Permitting and Development.

30:27So if you have any questions about permitting and how data centers As was mentioned, the rapid growth of large-scale data centers has generated nationwide concerns regarding the impacts on infrastructure, environment, nearby communities, and local economies.

30:46In Oregon, the Governor at COTEC has convened the Data Center Advisory Committee to develop recommendations for a regulatory framework.

30:54By the end of September, they should be looking at their preliminary findings, and they have a listening session scheduled on September 23rd-ish, I wanna say.

30:58And then we have a public comment session scheduled on October 4th.

31:02For a regulatory framework at the state level.

31:06So what are data centers?

31:08They're characterized as physical centralized facilities storing network servers, data storage drives, computing equipment, and the supporting equipment, including power storage generators and cooling systems.

31:21They're composed of server racks.

31:23These racks are typically just over 6 feet tall, about 19 inches wide and 40 inches deep.

31:29Wow.

31:29Or so.

31:30A full rack can weigh about 200— 2,000 pounds.

31:34The racks need to have space between them to keep the servers cool and for workers to access them for maintenance.

31:44The data center debates, as has been mentioned, are dominated by concerns over the hyperscale data centers that are shown on the right of this slide.

31:52They serve millions of users and are often used to train AI.

31:57Some literature calls these cloud data centers because they're owned by cloud service providers like Amazon, Google, or Microsoft.

32:05Others refer to them as AI data centers because they can be devoted to AI-related systems.

32:12In contrast, there are 2 other scales of data centers that are more common and already operate in most cities, including in Portland.

32:20Colocation of data centers serve multiple organizations and are small or mid-scale.

32:25The enterprise data centers on the left of the screen serve a single organization and can fit into a closet.

32:34Portland zoning code regulates land uses using broad use categories.

32:38This slide lists the commercial and industrial use categories.

32:43Data centers are not an explicit use category currently.

32:46However, they match the characteristics of one of the office subcategories.

32:53Data centers are classified as industrial office.

32:56They're characterized by activities that focus on technology, and they're associated with the production of digital goods.

33:02Data centers provide products to other businesses and do not have customers or clients visiting the site.

33:09In addition, the inclusion of data processing and hosting services in the examples of industrial office provides a strong basis for categorizing data centers as industrial office.

33:22So what does that mean about where they can locate?

33:26Office uses are largely prohibited in residential zones, so we didn't even show it on this slide.

33:32Offices, including industrial offices, are allowed in the commercial mixed-use zones shown on the left.

33:38Employment zones in the middle also allow office uses.

33:42And industrial zones offer— allow 4 office uses per site, but a maximum of 3,000 square feet.

33:50More or larger require a conditional use.

33:52So they're largely limited in the industrial zones citywide.

33:59This map shows where data centers are allowed in Portland.

34:02As I described, they're allowed in mostly commercial and employment centers like Central City, Gateway, and Lents.

34:08And along the corridors of Sandy, Martin Luther King Jr., 122nd Avenue.

34:15Zooming into the Central City, like the rest of the city, offices in the Central City are allowed in the commercial and employment and institutional zones.

34:24Those are the red, orange, and pink zones on this map.

34:28There are 2 extra allowances that are interesting in the Central City that pertain to industrial office uses.

34:34Specifically, first, the industrial zones inside the Central Eastside Subdistrict allow industrial offices, whereas all offices are limited outside the subdistrict or in the rest of the city.

34:47In this area, industrial offices, and therefore data centers, are allowed up to 3 times the size of the lot.

34:55Second, whereas residential zones normally prohibit office uses, in the Central Residential Zone, and that's the white area between 405 and the park blocks.

35:06And I think it's Market and Taylor on this map.

35:11A limited amount of office uses is allowed.

35:18So switching gears here a little bit, I just summarized what the zoning code currently says.

35:27Data centers aren't the first large footprint land use.

35:30To spark widespread concern.

35:33Big box retailers and e-commerce warehouses generated similar conversations in the past.

35:38But data centers— but whether data centers are serving artificial intelligence or serving businesses and residents, they are increasingly necessary pieces of modern infrastructure.

35:49With that in mind, there are many policy considerations that need further explanation— exploration to support a full conversation.

35:57One consideration is the available land.

35:59Smaller data centers find space in vacant and underutilized office and retail buildings today, and we expect that to continue.

36:07Hyperscale data center sites must be large enough, have robust infrastructure connectivity to the power grid and fiber networks.

36:15The available land, real estate market, and small lot sizes of Portland is not very conducive to hyperscale data centers with few large lots in the areas of the city where industrial use— office use is permitted.

36:30Another consideration is economic development.

36:32While most debates are focused on AI companies using data centers, the truth is that we all use them.

36:37Online retailers need to run their websites and coordinate logistics.

36:41Remote workers rely on data centers to store files and provide cloud-based services.

36:47Fast and reliable data services are often used As a criteria by companies looking for space to lease.

36:53In cities such as Portland, repurposing vacant downtown offices into marketable properties could drive economic recovery.

37:01Proponents note that data centers generate substantial economic activity during construction and provide a not insignificant number of new permanent jobs.

37:11Job density and transit service is another consideration.

37:14Portland's land use and transportation goals aim for job densities and use that support active streets and generate transit users in the city's centers and corridors.

37:24Data centers have a much lower job density than many office users.

37:28Therefore, a proliferation of data centers in the central city and in the city's transit-served centers and corridors could be counter to our long-term land use and transportation goals.

37:42A 4th concern, concern or consideration is the large part of the policy debate related to data centers Um, around energy use and who pays the higher cost of energy.

37:52Locations that have access to cheap renewable energy are desirable for data center development, and including our utility partners in the policy conversation would be essential.

38:03In 2025, Portland signed up to the Global Urban Centers Pact, which includes a principle of cost security and shared prosperity.

38:10When the Oregon legislature passed the Power Act in 2025, it followed through on this principle and establish a new electricity rate class for data centers that ensures they pay, they pay their fair share for electricity and related infrastructure and not pass the cost on to residents.

38:27Oregon is the only state so far to enact this tool.

38:32And of course, any policy debate about data centers would not be complete with the consideration of water.

38:38And although many might think that the concern isn't as big in Portland as it is in Eastern Oregon, it still should be part of the conversation.

38:48To summarize, there are 3 scales of data centers.

38:51They're currently allowed as industrial office uses in Portland and are largely limited to the commercial mixed-use and employment zones, with the exception of the Central City, which also allows them in industrial zones.

39:04Finally, a policy conversation would need to be informed by exploring multiple considerations such as land use, economic development, Jobs, transit, energy, climate, and water.

39:14Thank you to Councilor Koyama Lane and Councilor Green for inviting us to speak today.

39:19Natalie and I are available for questions after the public testimony.

Candace Avalos 39:26 - 39:43

39:26Thank you very much.

39:27And then I understand we have some invited speakers.

39:31Yes, so let's go ahead and bring on that panel.

39:33Thank you, Sandra.

39:40I have on my notes a TBD of all the people.

39:42So who are the people?

39:43Emily—.

Unidentified speaker 39:44 - 39:56

39:44We have Emily Waldron from the Oregon Data Center Defiance Group, and then Ali Finn, Director of Community Partnerships at AI Now Institute.

39:56Great.

Candace Avalos 39:57 - 40:04

39:57Is Ali virtual?

39:58Okay, great.

39:59Do you have a particular order you want them to speak in, or okay, go ahead.

Emily Waldron 40:04 - 46:11

40:04Okay, perfect.

40:05This is a little fancier than my usual North Plains City Council meetings.

40:09My name is Emily Waldron, and I am here on behalf of Oregon Data Center Defiance.

40:14We are a newer coalition of individuals and organizations throughout the state of Oregon.

40:21We have members from here in Portland all the way down to Southern Oregon in Talent, just north of Ashland, as far east As Central Oregon with Redmond, Boardman, La Pine, and as far west as the Oregon coast.

40:35So our membership encompasses a lot of space, and we are a coalition that gathered together in order to pass statewide regulations as well as support local initiatives and make it easier for people to enact grassroots movements in their own counties and cities.

40:54So I'm going down my list of what I was asked to talk about.

40:56So an overview to begin on the data center trends in Oregon.

41:02They keep popping up everywhere.

41:03I feel like it's daisies in my backyard.

41:05So first of all, there's the water concerns, how much water they're using, but also what's being emitted afterwards in pollution.

41:13I know there's been discussion about using closed-loop data center systems without the discussion that closed-loop is more likely to include more PFAS and higher concentrations of nitrates in the water that they do release.

41:26As well as the fact that closed-loop systems require more energy and output more heat.

41:31A closed-loop microchip requires 2.5 times the energy as a non-closed-loop chip.

41:36So there's still a lot of water usage.

41:37It's just moving into a different spot in the pipeline to where energy is being produced.

41:43Another concern with data centers is the heat output.

41:47Recent studies show that they increase the heat by anywhere from 9 to 16 degrees at a single data center.

41:53Wow.

41:54And I'm sure— I live just outside of Hillsboro where we have Huffman, which is covered in data centers.

41:59It's a lot higher because they all start feeding off of each other and growing with that.

42:04For power, these things are using a lot of power.

42:06We don't have the numbers for 2026 yet, but in 2025, EcoTrust Northwest reported that data centers used 23% of the energy generated for the entire state.

42:17And I am sure with more data centers, Including the hyper or the closed-loop system chips, I wouldn't be surprised if they start moving closer to 50% of all of the water that we're using in the state of Oregon.

42:30They're using land.

42:32And I know in Portland people say you don't have a lot of space for a hyperscale, but I know organizers who are in Kansas City that are fighting a hyperscale data center in the middle of downtown because they're just building it vertically.

42:43So this building that they're fighting is proposed to be 20 stories tall for a single hyperscale data center.

42:50That's nothing but a big box going upwards.

42:53These data centers emit sound, both audible and also infrasonic sound.

42:58And there's research going all the way back to the '70s showing the physical harms on a body when it comes to infrasonic sound.

43:05It increases your likelihood of a heart attack.

43:08It increases issues with depression and anxiety and mental health.

43:12There's a lot of different things.

43:14Um, so it's— Oregon has all of these going on, and we're also adding so many.

43:18So right now there's over 9,000 acres of land across the entire state that is slated for data center development, whereas— and this is from a Business Oregon report that they gave to the Data Center Advisory Committee— our data centers are averaging 6 people permanently working per data center in the entire state.

43:36So they're using all of our power, they're using up all of our clean water because it has to be very clean for them.

43:41They're using up all of our land and all of our space for 6 jobs per building, which doesn't really have the impact economically that people would be hoping for.

43:52And this is from an industry report on data centers.

43:55By 2030, over 70% of these buildings are going to be for AI.

43:59So any of the things that people are talking about of like, oh, you're on Facebook, you're using a data center, those aren't the data centers we're talking about.

44:06And those don't even make up a quarter of the data centers that we're talking about.

44:09Thank you.

44:09Most of these centers are for AI training, whether it's for generative AI like Claude.

44:16They're seeing in other states AI usage for things like nuclear weapons development or military surveillance, flock cameras.

44:24All of these are requiring this AI computing.

44:27And so as that grows, these data centers are a part of, like, I wanna say the military-industrial complex almost against our own citizens in the United States.

44:37So there's— in light of all these things going on, there are a variety of different moratorium proposals across the state.

44:45Right now we have what's called a moratorium on our urban enterprise zones.

44:50So these are zones in urban areas.

44:53It pretty much only applies to Hillsboro that says that they don't qualify for a tax break inside that zone.

44:59But the way the governor and her advisors wrote that bill, It does not include any of the rural enterprise zones.

45:07It does not include the SIP tax breaks, which are the strategic investment ones that cities can individually give.

45:14It doesn't include any other sort of break.

45:16And what's concerning is that there's evidence that because schools can opt out of fees, data centers are beginning to be a part of funding different people to run for school boards.

45:28So that way the school board chooses to opt out of fees saying they're just going to get it from tax but then that creates a further tax burden on the state's available money for education.

45:40So with all of that, in Hillsboro, they are the only place that has successfully and currently passed a moratorium.

45:45It can last for 120 days.

45:47That's a state regulation that for city— cities and counties, they only can do 120 days.

45:52In Woodburn, in Clackamas County, Washington County, and there's one other town I'm forgetting.

45:59They've discussed— Salem.

46:01They've discussed doing a moratorium, but nothing's actually been voted on or put into place.

46:06And then I will say my own little town in North Plains has discussed doing a flat-out data center ban.

Unidentified speaker 46:12 - 48:38

46:12So we're working that through the planning committee to just completely prevent data centers from entering there at all.

46:19And then with ORDCD and our work with different legislators, different organizations throughout the state, We are pushing for a statewide moratorium.

46:27So our goal is to have a statewide construction moratorium for the next 3 years, as well as implementing different regulations and areas for citizen involvement.

46:37So regulations on the different types of pollution with noise, heat, water, air, wind— or not wind, uh, light— all— there's so many different types of pollution that comes off of them.

46:46We want to regulate all of that.

46:48We want to change it so they're not eligible for these tax breaks.

46:51And just set up a better system for all Oregonians if they're going to be here.

46:56And I can just say, like, with my own perspective on data centers and impacts, living in a— outside a small town in rural Washington County, even in Little North Plains, it's amazing how many secret things occur in order to set up development for data centers.

47:12And things that I can only get through public records requests, and I still am waiting on some public records requests from back in April.

47:18Because people don't want to share it.

47:20It's so hard for the public to find out who is entering a data center contract because they do all these shell companies and fronts for whoever actually is going in.

47:29It's so hard to find out how much energy or water is being used because even if you pull up the city reports, they do things like this, this half of the street gets it from the city, this half gets it from the county, so we don't count what the county's giving out for water.

47:43And it's really hard to get accurate information.

47:46And I— what all you all can do about NDAs to prevent that, I think, is going to be really helpful.

47:51Um, at this moment in our country, I think there's a lot of erosion in faith of our democratic establishments, and getting rid of NDAs is part of healing that and a part of showing that we do care about our citizen involvement and we want to be transparent to serve our communities.

48:06Uh, and I think anything you can do to consider a moratorium, uh, to put protections in place would be good because I know, you know, right now you have them zoned as office buildings.

48:16A data center is 24/7.

48:19It doesn't end at 5 o'clock like an office building does.

48:22It's all day, every single day.

48:24So even if the noise isn't that loud, it's all day, every single day that you have a constant sound.

48:29Even if the light isn't that bad, the lights never turn off outside the building because it's all day, every day.

48:34And that's something that's very unique to these, that they just keep going and going and going.

Emily Waldron 48:38 - 48:38

48:38Thank you.

Unidentified speaker 48:39 - 49:26

48:39Until, I don't know, they're decommissioned.

48:41And then when they're decommissioned, you have a whole pile of waste that you have to figure out what to do with.

48:46If they're closed loop, they're using refrigerants and chemicals.

48:49What are you going to do with all of those?

48:50Um, I know there's already a lot of people acting on the oil tanks in North Portland.

48:57And so what would you do with all of the e-waste?

48:59What would you do with all of the leftover remnants from this?

49:02Um, it's just, there's a lot.

49:05And something that I keep seeing, and I laugh at, with the Data Center Advisory Committee that the governor assembled, is in all of their meetings they keep saying, oh, this is a thing over here, but we don't have time to learn about that.

49:16We only have so much time.

49:17We don't have time to learn more about the water.

49:19We don't have time to learn more about the energy.

49:21We don't have time to learn more about all of this stuff.

49:23And I keep just thinking, isn't this why we want a moratorium?

Emily Waldron 49:26 - 49:39

49:26Mm-hmm.

49:27So you can pause instead of adding more and take the time to figure out what's going on and what you want.

49:33And then you can begin again with the controls in place that you desire.

49:38So thank you for your time.

Candace Avalos 49:41 - 49:46

49:41Thank you.

49:44Allie, take it away.

Unidentified speaker 49:46 - 58:09

49:46Yes.

49:47Can you hear me?

49:48Yes.

49:49Wonderful.

49:50Thank you so much to the committee for the opportunity to testify.

49:54For context, I'm the Director of Community Partnerships at the AI Now Institute.

49:59Which is an independent organization producing policy research on artificial intelligence, including data center infrastructure.

50:06We focus on policy strategies to shape AI in the public interest and redirect the AI industry away from its current path, unbridled commercial surveillance, concentration of power in a few dominant tech companies, and deployment of AI on the public instead of with and by us.

50:22My role includes advising local, state, and federal officials across the country on the reality of the AI industry I'm going to testify today about 3 points.

50:34The first is the role of big tech in driving data center expansion and who this serves.

50:39The second are the immense impacts of the hyperscale data center buildout.

50:42And third, the urgent need to protect Portland from corporate secrecy and nondisclosure agreements as one critical step towards broader safeguards.

50:51Portland residents deserve a future that centers their interests and their well-being, and we need to make sure that we're doing our part to rather ensure that.

50:55Thank you.

50:55Than corporate speculation that introduces unacceptable risk into our economy, drains local budgets, and threatens our water, air, energy grid, public budgets, and local democracy.

51:07So on big tech's role in driving this buildout, the explosive growth that we're seeing across the country is directly linked to the ambitions and business model of big tech and the broader ecosystem of AI and tech companies.

51:20These companies are driving demand for computation across the supply chain.

51:25They are pushing AI technologies across all aspects of society.

51:30This role of big tech is circular.

51:31It dominates ownership of data center infrastructure in the US and globally finances much of the buildout through quite shaky practices, and then manufactures an AI boom that seemingly requires skyrocketing data center capacity.

51:46These companies are rapidly building out this capacity to fuel their AI investments.

51:50With immense consequences for both neighboring communities and, as I said, the stability of our economy as a whole.

51:56Just for a sense of scale, in the first 9 months of 2025, Amazon, Microsoft, Meta, and Google spent an estimated $360 billion on capital expenditures.

52:06That's primarily building data centers in the U.S.

52:09This eye-watering investment is based on projected future demand rather than demonstrated need and evidence of the benefits.

52:17And this, they're facing ratcheted up pressure to show a return on investment for their shareholders and investors, incentivizing these AI firms to adopt increasingly toxic business models.

52:30Big tech, along with other data center developers, cloak much of their development in secrecy.

52:36This impedes local democratic processes and public awareness of data center projects, development, and extractive land, water, and energy implications.

52:44And these tactics of obfuscation show up in many ways, but most apparently in the development of backdoor deals facilitated not only through NDAs, but also project code names, selective community engagement, and use of shell companies.

52:58I'm going to speak a little bit to the impacts, and there's, you know, hours to say here, but I'll focus on a few things.

53:05We have more than a decade of evidence of existing data center development that shows the supposed gains from data centers' trickle-down approach.

53:13Fail to materialize, but communities are left paying a steep price.

53:18This falls on our democratic processes first.

53:21Big tech firms, data center developers, the data center lobby engage tactics that steamroll our local democratic processes, including taking advantage of outdated regulatory and zoning policies like data centers fitting into office code zoning and violating environmental laws.

53:39Private equity firms are increasingly moving into public utilities through acquisitions and partnerships that enable them to exploit our public utility and grid system, putting all rate classes on the hook in order to access cheaper electricity for their data centers.

53:55And corporate lobbying, which operates, as we know, largely without spending limits and campaign contributions from super PACs, further exacerbate this dynamic as tech companies are pouring millions into shaping our elections and the outcome of legislation, including on data centers.

54:08To their benefit.

54:10The energy and grid stability impacts are also immense.

54:13By 2030, data centers are expected to use 12% of the country's electricity consumption, triple what it is currently.

54:21Even in low estimates, this exceeds the amount of electricity needed to power 26 million households.

54:27And this energy grab is already destabilizing our grid with NERC, the North American Electric Reliability Corporation, itself citing data center growth as one of the greatest reliability challenges for U.S. power grids at this moment.

54:41What that does is that increases the risk of power outages and brings higher risks of energy shortfalls to virtually the whole country.

54:49Near misses of blackouts are already increasingly common.

54:51And to me, I think about what this means in reality is people's insulin going bad in the fridge when there's a power outage, no AC for elders, no electricity for disabled communities.

55:04Data center expansion is also returning communities to reliance on fossil fuels and reversing our limited climate progress.

55:11And I'll save details on that.

55:14But these carbon emissions, you know, don't only threaten our planet's future, they also have immediate health consequences for communities, with air pollution leading to rising cancer and asthma rates.

55:24By 2030, air pollution from data centers alone can cause nationally an additional 60,000 premature deaths.

55:30Thank you.

55:30600,000 asthma cases annually.

55:34And that is not something that we should accept.

55:37As the wealthiest corporations in the world demand exponentially more power, they are not paying the costs.

55:43It's everyday people regularly subsidizing these companies.

55:47Across the country, energy bills have gone up for regular ratepayers.

55:50That's not just individual households, but also small businesses directly attributable to the expansion of this data center infrastructure.

55:57And despite voluntary commitments and promises to pay their fair share, the industry has fought against obligations to ensure its costs aren't passed along to ratepayers in places like Georgia and Ohio.

56:11Just lastly here, data centers are also using up precious water resources.

56:15The previous speaker spoke about this, right?

56:17What I want to emphasize here is industry claims around efficiencies, closed-loop systems, water positivity.

56:24Even if they are genuine, they are currently not deployed at a scale that would make a difference in these impacts.

56:31So to conclude, I just want to talk for a moment about corporate secrecy and the importance of ending NDAs.

56:37Strong oversight and transparency mechanisms ensure that data centers cannot hide critical information from communities or local governments.

56:46At the local level, this includes banning the use of nondisclosure agreements, and we have examples of this.

56:51In one strong case, Big Rapids, Michigan approved a policy prohibiting employees and elected officials from signing NDAs around issues pertaining to the public interest or taxpayer funding.

57:01So broader than data centers alone.

57:05We're also seeing communities institute sunshine periods that require public release of documents related to data center development or broader economic development and requiring community hearings as a central part of data center approval processes.

57:18There are other transparency mechanisms available as well, including using permitting and approval processes to mandate transparency requirements both pre- and post-approval, rejecting data center development or expansion proposals that do not adhere to these transparency measures, and establishing robust enforcement mechanisms to ensure that data centers abide by the requirements contingent on approval, which can include the right to revoke permits.

57:44And I want to end by saying that transparency, while critical, is the floor and not the ceiling.

57:54Communities desperately need comprehensive protections, the ability to decide for themselves if, when, and how data center development happens, and an economic development agenda that prioritizes everyday people's needs rather than the interests of these corporations.

58:08Thank you, Deputy City Attorney Nancy Thorington.

Candace Avalos 58:09 - 58:20

58:09Thank you both for your testimony.

58:17Um, and with that, we can move into public testimony.

Unidentified speaker 58:20 - 58:22

58:20Yes, sound good?

58:21Sounds great.

Candace Avalos 58:22 - 58:33

58:22All right, and then I think we will do public testimony, and then we'll take a quick break, and then we'll come back and do committee discussion.

58:29So with that, let's go ahead, Wendy, and call up our first group.

Unidentified speaker 58:34 - 59:03

58:34So we have 13 people signed up.

58:36I'll call you up in groups so starting off with Alice Christine Walker, Zach White, Deneen Crowe, Nick Caleb.

58:48And Zach is joining us online.

58:52Please, uh, when you start your testimony, just go ahead and state your name for the record.

58:59You'll hear the timer chime twice.

59:01The first time will indicate you have 30 seconds.

Elana Pirtle-Guiney 59:03 - 59:03

59:03Thank you.

Candace Avalos 59:03 - 59:08

59:03All right, whoever would like to kick us off.

Alice Christine Walker 59:10 - 1:00:59

59:10I'll go.

59:10Good, good morning, councilors.

59:12My name is Alice Christine Walker, and I'm here on behalf of East Columbia Neighborhood Association.

59:18East Columbia strongly supports this resolution to eliminate developer NDAs, mandate early notifications, and restore transparency to land use decisions.

59:28Our neighborhood is in the direct crosshairs of heavy industrial expansion along the Columbia River corridor.

59:34Right now, high-impact developments are utilizing non-disclosure agreements and early assistance reviews to lock in projects behind closed doors.

59:44When municipal NDAs shield early project planning from the public, communities are shut off before we even know what is coming.

59:52Combined with administrative by-right reviews under Title 33, this leaves impacted neighbors with zero notice zero public hearings and no venue to address the cumulative impacts like 24/7 noise pollution, diesel emissions, and the strain on our utility grid and our roads.

1:00:12I will say industry does abut residential in Portland, and we are that lived experience, and we deal with 24/7 trucking sounds, and it is unlivable.

1:00:27We appreciate that this resolution recognizes how frontline neighborhoods like East Columbia disproportionately shoulder industrial burdens.

1:00:34Non-disclosure agreements have no place in municipal land use.

1:00:39We thank the councilors Koyama Lane, Green, for sponsoring this critical resolution, and we urge the full council to support it.

1:00:47Please ensure strict enforcement comes across for all city bureaus.

1:00:51East Columbia and all Portland deserves open processes, not backroom development that shuts out the very communities that live with these consequences.

Deneen Crowe 1:01:05 - 1:03:43

1:01:05Good afternoon, Chair Avalos, Vice Chair Green, and members of the committee.

1:01:10My name is Deneen Crowe, and I'm the campaign director with 350 PDX, and I live in District 2.

1:01:17On behalf of our thousands of supporters across the Portland region, I urge you to pass this resolution out of committee and support this when it comes to full council vote.

1:01:29Refraining from nondisclosure agreements, requiring prompt council notification for data center inquiries, and committing the city to transparency around public processes is simply common sense governance.

1:01:42The rapid, unvetted buildout of hyperscale data centers is becoming one of the single largest threats to Oregon's future.

1:01:50Data centers operate 24/7 at immense scale.

1:01:54Meeting this massive load threatens to derail our clean energy mandates by providing an excuse for new polluting gas infrastructure.

1:02:02And every gigawatt of this energy diverted to these greedy, power-hungry facilities is energy taken away from electrifying our homes, our workplaces, and our transit.

1:02:13Grid expansions and substation upgrades carry massive price tags that are frequently passed along to everyday ratepayers.

1:02:21With Oregonians already facing skyrocketing utility bills, working-class ratepayers should not be forced to subsidize billion-dollar tech corporations.

1:02:31These hyperscale facilities can also consume millions of gallons of water per day for this evaporative cooling.

1:02:38As we continue living in the largest wildfire season in Oregon's recorded history, allocating any drop of municipal water to cool computer servers, especially without public review or oversight, is absolutely delusional.

1:02:54Right now, our organization is one of many fighting for this 3-year moratorium of any new data centers in the state.

1:03:01This is the direction we must be headed in.

1:03:03Forcing any conversations about possible data centers to be out in the open and transparent to the public is secret deals inhibit democracy.

1:03:16When tech giants are negotiating behind closed doors and force public officials to sign nondisclosure agreements, the public— we're left carrying the burden of this increased energy and water costs from these facilities and we're kept behind closed doors.

1:03:33We can't plan a transition, a just transition from the fossil fuel industry to clean energy in the dark.

1:03:39Thank you.

1:03:40Please vote yes on this resolution.

1:03:42Thank you.

Nick Caleb 1:03:49 - 1:06:48

1:03:49Good afternoon, councilors.

1:03:50Uh, my name is Nick Caleb.

1:03:51I'm the climate energy attorney at Breach Collective, a local nonprofit.

1:03:55I'm registered a lobbyist with the city.

1:03:57Uh, we support the underlying resolution and the amendment that's been offered for it.

1:04:02Um, honestly, there's not a lot in addition to what I could say that already been said.

1:04:08Excellent testimony that covers a lot of issues.

1:04:09I just think from my specific area of expertise.

1:04:13I'll comment briefly on the climate impacts, um, and from a utility perspective, the bill impacts.

1:04:22Um, I think there's a misconception or a hopeful conception that's been going around that the POWER Act is going to solve a lot of the ratepayer issues related to data centers.

1:04:33I don't think that's true.

1:04:34It will reduce the burden on residential ratepayers as a class, but it doesn't fully send those to the data centers.

1:04:43It doesn't put them— so there's still a portion of that that's subsidized by residential ratepayers, which is highly inequitable given that we get very little out of this.

1:04:52And our rates have gone up over 50% in the last 5 years, so we're already rate burdened.

1:04:58And, you know, I don't think this is necessarily the job of City Council, but I want my, you know, check for the last 5 years of data centers that I've subsidized out of my pocket.

1:05:09Thank you.

1:05:09Paying my energy bills, right?

1:05:10Like, they don't go down just because we've kind of kept it here.

1:05:13So there's— we're already inheriting inequities that have been built into this development that we need to remedy.

1:05:19People are really burdened.

1:05:21And from a climate perspective, there's another mythology that we can just kind of hitch our renewable energy strategy to data centers and they'll kind of like build the infrastructure we need and all the rest.

1:05:35This is delusional, as Deneen was saying.

1:05:37Yeah.

1:05:39First of all, they eat up all the renewable energy that we already have on the grid.

1:05:42It goes to serving these data centers.

1:05:44Anything new goes to serving these data centers.

1:05:46So we never actually get off of fossil fuels.

1:05:49We're just adding more energy and more renewables in the same amount of fossil fuels.

1:05:54And across the country, gas infrastructure is actually being built to directly service these new data centers, like massive— second largest gas facility in the country is being built in southern Ohio to serve a hyperscale data center.

1:06:09And our gas industry here is salivating to change the laws to be able to supply the gas-powered electricity to power data centers moving forward.

1:06:18And so this is a gold rush type moment that we're seeing.

1:06:22Everybody who wants to make a buck is diving in and trying to claw as much as they possibly can until this bubble bursts.

1:06:29And our job as Portlanders is to do what we've done in the past, which is to hold the line, to resist the seduction, the siren call of money here.

1:06:38And, and can you hear me?

Candace Avalos 1:06:49 - 1:06:50

1:06:49Yes.

Zach White 1:06:52 - 1:09:13

1:06:52Thank you, councilors.

1:06:53My name is Zach White.

1:06:54I was born in District 1.

1:06:55I just moved to District 3.

1:06:57I'm a field organizer with Next Step Action Fund, a political home to build upon the collective power and leadership of diverse young people.

1:07:04Here's a headline from Willamette Week.

1:07:07In June, data center backlash decided an Oregon Senate race in the Silicon Forest.

1:07:14This spring, I got to canvass voters in Hillsboro for that race and can confirm.

1:07:20Um, here's OPB in January.

1:07:23As Google's water demands grow, the Dalles aims to put more— pull more from Mount Hood Forest.

1:07:30Last week's Economist YouGov poll reported that 61% of respondents said they'd oppose data center construction.

1:07:38Republican respondents were more divided, but still 47%, a clear plurality, were opposed to data centers in their communities, out of step with President Trump.

1:07:49The specter of AI takeover, data centers, and driverless cars often reminds me of the dystopian Terminator films.

1:07:58But I also think of a scene in one of The Matrix movies when humans wake up from a computer simulation and realize that they've been living in a simulation.

1:08:10Growing up here in these sacred forests, I thank God that they are still vast beyond my comprehension.

1:08:17Maybe it's hyperbolic to evoke Neo and machine Earth, but living here has also taught me how fast our forests can burn.

1:08:27Portlanders voted for the charter reform because they wanted transparency in government.

1:08:31I think that's a good thing.

1:08:32As citizens watching the Moda Center negotiations, the mere mention of city officials signing nondisclosure agreements eroded public trust.

1:08:42When backroom deals become part of policymaking, the will of the people becomes an afterthought.

1:08:48I'm reminded of a 1912 quote from a former U.S. president: Behind the ostensible government sits enthroned an invisible government, owing no allegiance and acknowledging no responsibility to the people.

1:08:59Thank you.

1:09:00To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics, is the first task of the statesmanship of today.

1:09:10Passing this resolution feels like a step in that direction.

Unidentified speaker 1:09:14 - 1:09:14

1:09:14Thank you.

Candace Avalos 1:09:18 - 1:09:20

1:09:18Thank you all.

1:09:19Our next round.

Unidentified speaker 1:09:22 - 1:09:37

1:09:22Call the next group.

1:09:23Benjamin Gilbert, Leslie Cocken, Go ahead.

Ben Gilbert 1:09:41 - 1:10:53

1:09:41My name is Ben Gilbert, and I'm a volunteer lobbyist for the Portland Democratic Socialists of America, the largest socialist organization in the history of the United States, with over 3,700 members in the Portland metro area.

1:09:53DSA and our members are really worried about data center development in Portland and across the state.

1:09:59We have heard concerning rumors of data centers being built within the city of Portland.

1:10:04We need accountability from this administration on this issue.

1:10:08There has been a pattern of backroom deals under code names, and Portlanders deserve transparency, not NDAs.

1:10:15We have seen cities like Hillsboro and Salem move towards moratoriums on data centers.

1:10:19Thank you.

1:10:20And we should be moving in the same direction.

1:10:23However, we have seen in Hillsboro efforts to ram through permits for data centers to the dismay of the public before moratoriums can take effect.

1:10:31We're grateful for this excellent legislation as a first step towards that— to that end.

1:10:36To make sure we aren't let down, I want to commend Councilor Koyama Lane and Councilor Green for bringing this legislation forward, and to the members of the Housing and Permitting Committee who will support it.

1:10:47We are eager to provide support towards a data center moratorium in the city of Portland and across the state.

1:10:53Thank you.

Unidentified speaker 1:10:56 - 1:11:05

1:10:56Leslie is joining us online.

1:10:57Leslie, go ahead and unmute.

1:11:04Okay, can you hear me okay?

Candace Avalos 1:11:07 - 1:11:07

1:11:07Yes.

Unidentified speaker 1:11:08 - 1:14:17

1:11:08Okay, yeah, I'm Leslie Kochen.

1:11:10I'm with Extinction Rebellion PDX as well as the Oregon Data Center Defiance Coalition.

1:11:17And first, I do want to thank Councilor Koyama Lane and Green for bringing this forward, as well as your staff for working on this.

1:11:27Massive data center build-out by big tech and its investors has sparked resistance in communities most impacted and beyond.

1:11:37The resistance is to the damage to the local environment and public health, the added emissions fueling the climate crisis, increased utility costs, and whether unlimited AI development is necessary or desired.

1:11:54Non-disclosure agreements stymie this resistance by hiding the initial stages of deal-making between government entities and real estate developers, investors, and tech companies.

1:12:07In case after case, local residents learn about data center proposals only after months or years of secret negotiations, and sometimes even after initial development has occurred.

1:12:19Big tech knows that information is power, and they do everything possible to stop the flow of information.

1:12:26This blocks residents from meaningful participation in decisions that will have enormous impacts on their communities.

1:12:34For these reasons, I support the City of Portland's proposal to prevent the use of nondisclosure.

1:12:40Agreements for data centers.

1:12:42I would also encourage the city to consider whether there may be other large-scale development projects in Portland that use NDAs to prevent transparency.

1:12:53In addition, I recommend that rather than urge the city administrator and any city leadership to refrain from signing NDAs, the word urge be replaced with prohibit.

1:13:06And city leadership be defined to include elected officials, city staff, etc.

1:13:13Lastly, I suggest adding the requirement that public notice occur when city officials receive any data center proposals or applications, or consider actions for expansion, zoning, or tax abatements related to current data center— centers operating within the City of Portland.

1:13:34I also support the recommendation made by AI Now in its toolkit under specify minimum transparency requirements as part of the application process.

1:13:47I've listed these in my written testimony, but I'll note that they include the name of all companies involved in data center— in a data center project, including developers, shell companies, data center operators and financiers.

1:14:02Our communities have the right to know who will really benefit from these data center developments.

1:14:08And I also urge the city to move towards a ban on hyperscale data centers.

1:14:14Thank you.

1:14:14Sarah, go ahead.

Amber Cook 1:14:18 - 1:14:19

1:14:18Sure.

Sarah Taylor 1:14:19 - 1:17:30

1:14:19Hi, my name is Sarah Taylor and I live in District 4, and I have been in my life a midwife and an educator.

1:14:29And I'm here to advocate for mothers and children and families.

1:14:33I wanna start by saying I absolutely support this resolution and I oppose all non-disclosure agreements.

1:14:43I don't believe that you— I believe they are in violation of state land use laws.

1:14:52Number one, state land use law says you have to have community involvement.

1:14:56So first of all, an NDA would right off the bat violate that.

1:15:00Thank you.

1:15:01As well, it is impossible to honor tribal treaties and have NDAs.

1:15:08Aside from that, I would like to tell you about my last week.

1:15:13I helped the people in Lloyd Center move out.

1:15:17I will try not to cry right now.

1:15:19I am exhausted.

1:15:22I watched yesterday 8 people, the same number that a data center, I guess, employs, who had worked at Lloyd Center for 30 years be laid off.

1:15:35Nobody shook their hand.

1:15:38Nobody thanked them for their years of picking up our popcorn.

1:15:42So Jan Zuckerman and I, we had a little ceremony for them in our empty gallery.

1:15:48I have watched people with 30 years at that place, 70 years old, pushing their things out alone.

1:15:58And so we stayed and we helped them.

1:16:02I believe that had that project required transparency, that this would never have happened.

1:16:16So I believe that we hurt our families.

1:16:19And I want to ask you one thing.

1:16:21You are closing 10 to 20 schools in this city.

1:16:26They're meeting tonight.

1:16:29Your first priority has to be asking, why would a city that is losing 10 to 20 schools not making that your top priority?

1:16:43Your relationship with corporations is destroying this city, and the way you do that is no nondisclosure agreements with anybody who is going to take taxpayer dollars.

1:16:58So if they want all this stuff, TIFs and RIFs and all that stuff, right away they say it right up front to the public.

1:17:10And there are models throughout this country that do that.

1:17:12So thank you.

1:17:14And, and I'm just gonna tell you, I am heartbroken about what I saw at Lloyd Center.

1:17:19And this morning, I drove here on Highway 30 and watched little kids at the bus stop standing next to fuel tanks.

1:17:27Should not be happening.

1:17:28Thank you very much.

Unidentified speaker 1:17:32 - 1:17:34

1:17:32Lynn, go ahead and unmute and begin your testimony.

Lynn Handlin 1:17:37 - 1:20:33

1:17:37Thanks.

1:17:38Um, my name is Lynn Handlin, and first I want to say thank you to Councilor Koyama Lane and Councilor Green Thank you.

1:17:46Thank you, Councilor Tiffany Koyama Lane, for bringing this resolution.

1:17:49I fully support this resolution.

1:17:52I would like there to be a few adjustments.

1:17:56Leslie pointed out one, and those are language things.

1:18:00Rather than urge leaders to refrain from NDAs, how about require?

1:18:06And in the third part, it says City of Portland officials are encouraged to engage in transparent public processes for all decisions relating to data centers, etc.

1:18:19It should be required.

1:18:20And honestly, shouldn't, shouldn't this just be true throughout all city government activity, that, that it be— that there be transparent public processes?

1:18:33Um, I, I— yeah, this— it's, it's a little bit shocking that that's not just already a thing.

1:18:42Um, I would also like to add or have your next step be a moratorium on all new data centers long enough to get some kind of guardrails in place.

1:18:57I do appreciate that this not only establishes a ban on NDAs regarding data centers, and it also requires city administrators to notify council when they receive requests for early assistance.

1:19:11Um, It's really too bad that this was not in place for previous activity with fossil fuel and other fuel companies.

1:19:19We would be a much safer city if that had been the case.

1:19:21So I'm super glad you're doing this now for data centers.

1:19:25I would like to expand it for all activity.

1:19:28We don't need more data centers.

1:19:30You've heard enough excellent testimony.

1:19:32And I'm also with Extinction Rebellion PDX and the Data Center Defiance Alliance.

1:19:38Speaking for myself today, we don't need more data centers.

1:19:41We have enough and then some to do all the things we need and want, and we have a lot more to do the things we don't need and really don't want.

1:19:52This NDA resolution is about good government.

1:19:57It introduces transparency in, in this one area, which is really excellent.

1:20:05And that transparency has been sorely lacking, especially with prior city councils and especially with other aspects of city government, the administrators and bureau directors, and even at times, unfortunately, the city attorneys, a lack of transparency that, you know, borders on really, really wrong.

1:20:27So thank you very much for bringing this resolution.

1:20:30Please pass it and make it stronger.

1:20:32Thank you.

1:20:33Thank you.

Unidentified speaker 1:20:35 - 1:20:38

1:20:35Sam is joining us online.

1:20:37Go ahead and unmute, Sam.

Sam Schillinger 1:20:41 - 1:21:46

1:20:41Hi, my name is Sam Schillinger, and I am a District 3 resident and the campaign director for Pro Animal Oregon.

1:20:50And I want to thank Councilor Koyama Lane and Councilor Green for sponsoring this resolution.

1:20:56As a resident who cares deeply about animal welfare and environmental stewardship, I strongly urge you to support this resolution.

1:21:04Data centers require immense land, power, and water resources.

1:21:09It drives up fossil fuel reliance, drains natural watersheds, and generates continuous industrial noise and heat that disrupt local habitats, migratory birds, and native wildlife.

1:21:21When these massive developments are negotiated behind closed doors through non-disclosure agreements, The public loses any chance to evaluate their ecological impact or protect sensitive ecosystems.

1:21:32Ending these secret deals and committing to complete transparency is critical to ensuring our city's growth doesn't come at the tragic expense of the animals and environments that depend on us to protect them.

1:21:44Please support this resolution.

1:21:46Thank you.

Unidentified speaker 1:21:50 - 1:22:11

1:21:50I'll call our next group up.

1:21:52Nathan.

1:21:56Katrina, Tammy, and Jordan.

1:22:09Feel free to get started and state your name.

Nathan Ong Norris 1:22:12 - 1:23:24

1:22:12Good afternoon, councilors.

1:22:13My name is Nathan Ong Norris.

1:22:15I am a candidate for Multnomah County Commissioner for District 2.

1:22:18I've made the statement elsewhere.

1:22:19I'm going to read it now for the record.

1:22:21I support restrictions and a moratorium on data center development.

1:22:25Oregon is going to be on the forefront of the data center discussion for the foreseeable future.

1:22:30Currently, there are at least 4 data centers operating in Multnomah County and additional sites being considered for development.

1:22:36Now is the time to develop regulations and standards to protect Oregonians' land, air, and water, to ensure the integrity of our energy grid, and to keep costs down for utility ratepayers.

1:22:47councilmember as Oregonians, we have to be focused on the long-term health of our state and the people who live here.

1:22:54If data centers are going to be a part of that, we have to make sure they're contributing positively and paying their fair share in taxes.

1:23:01Thank you.

1:23:02Finally, I want to add that this kind of common-sense governance is the antidote to the corporate greed-driven capitalist dystopia we're living through.

1:23:11It is obvious to me and to my comrades and allies that a transparent thank you.

1:23:14Thank you.

1:23:14Thank you, Mr. Mayor.

1:23:14Thank you, members of council.

1:23:14A transparent process with accountability to the people is the most basic requirement we have of our government.

1:23:20Thank you to Councilors Koyama Lane and Green for bringing it forward.

1:23:23See you out there.

Tammy Carpenter 1:23:27 - 1:25:24

1:23:27Hi, councilors.

1:23:29My name is Tammy Carpenter, for the record, and I sit on the Beaverton School Board.

1:23:34I am speaking on my own behalf today.

1:23:35I am also the Democratic nominee for House District 27, which has a small sliver in District 4.

1:23:42Um, and I want to express deep appreciation for all of the experts that have been working so hard on this— Oregon Data Center Defiance, um, other climate orgs, uh, unions that are very interested in ensuring that we are getting, um, good return on investments, uh, in the form of good jobs.

1:24:04And, um, And the, the voice, uh, that is also important is the, the Portland chapter of DSA has been really important in helping us understand, um, the problem and how we move forward.

1:24:17And I want to speak, um, from my experience as a school board member.

1:24:20We have very similar, maybe the same, um, rules around public meetings.

1:24:25Um, and I say that, uh, because we are able to meet in executive session or very limited number of items, you know, labor negotiations, land purchases.

1:24:36And to hear about NDAs that are outside of those rules, that are outside of public meeting rules in general, gives me— I'm just very curious about how you think about that happening as an elected official responsible for governance and to have NDAs happening Um, that aren't subject to the, the public meeting rules.

1:25:04Um, I would strongly encourage you to continue to build, um, public trust in your work that you have been doing all along over these many months.

1:25:12Um, and one of those ways is to ensure that the public— the work of the public is done in the public.

1:25:17So really appreciate you guys tackling this.

1:25:19senator—.

1:25:20Uh, Councilor Koyama Lane and Councilor Green, really appreciate your leadership on this.

Unidentified speaker 1:25:29 - 1:25:32

1:25:29Katrina's joined us online.

1:25:30Katrina, go ahead and unmute and begin your testimony.

Katrina 1:25:37 - 1:28:46

1:25:37Hello, um, my name is Katrina.

1:25:40I've lived in St. Johns for 5 years.

1:25:42I'm a lifelong resident of Portland, a restaurant owner, and a new mom to a wonderful 4-month-old daughter.

1:25:48I wanted to share my opinion on data centers transparency legislation today.

1:25:55Thank you for bringing this piece of legislation, Councilors Koyama Lane and Green, and thank you to the other testimonials in favor of this resolution.

1:26:04I agree that emphatically, yes, of course there should be transparency in data center decisions.

1:26:10What I really want to point out is the absurdity of this discussion in the first place.

1:26:14Why are clandestine backdoor deals and the existence of NDAs even on the table at all?

1:26:20How is this even happening?

1:26:23We are really discussing whether city leadership needs to answer to the public.

1:26:28I mean, where do they even get off considering NDAs in the first place?

1:26:31It's extremely hard as a regular person to keep track of how this even happens.

1:26:38Anybody who does engage in secret deals and NDAs with taxpayer money around data centers or anything else should lose their job entirely.

1:26:45Second.

1:26:46The data centers don't contribute to the betterment of society.

1:26:49They don't make our children safer.

1:26:50They don't make anybody's life more affordable, and they blatantly destroy the environment and use up clean drinking water for what?

1:26:57So a few creepy nerdy losers can make more money?

1:26:59So people can voluntarily rot their brains and destroy their own creativity with AI?

1:27:04So private companies can use the data and AI to build more and more advanced weapons to use on innocent people around the world?

1:27:10Nay!

1:27:10So we can stare— so we can store data for private companies' surveillance cameras I mean, what are we doing?

1:27:19Why are we even talking about this?

1:27:20It's beyond insane.

1:27:22We could and should be so far ahead as a city than doing any business with the soulless perpetrators of these data centers.

1:27:27For example, using green energy for all public transit, investing in wind and solar statewide.

1:27:32The science already exists, and we could set such a positive example for the rest of the country.

1:27:36We could and should be focused on returning land to— returning land to its rightful stewards, native tribes who know how to take care of the land and treat it with respect.

1:27:43Thank you.

1:27:44We all breathe air and drink the water, no matter how rich and how much data you have stored.

1:27:48The owners of these AI data centers should be laughed out of society for even proposing that we use any land for their hideous data centers, which only serve their own greedy and antisocial purposes.

1:27:58So they just get to invent a product and then also decide that that product needs a huge percentage of all existing energy and water, and we're just going to give it to them?

1:28:08These are sociopaths who see no value in any kind of life whatsoever.

1:28:11And only care about their own bank accounts at the expense of everything else.

1:28:16The climate crisis is already here.

1:28:18Skip past this part.

1:28:20We need to be amping up every single effort to protect the beautiful earth, people, plants, and animals and ecosystems who live on it.

1:28:26I never even heard of data centers until like 6 months ago, and they're everywhere now against everybody's wishes.

1:28:32I've lived for 32 years without needing data centers and AI.

1:28:36I'm sorry, I'm sorry.

1:28:37Why are we acting like they're a normal and inevitable part of life?

1:28:39They're not.

1:28:40We do not need them.

1:28:42Uh, okay, thank you.

Jordan Lewis 1:28:47 - 1:28:52

1:28:47Jordan Lewis.

1:28:51That concludes testimony.

Candace Avalos 1:28:54 - 1:43:20

1:28:54All right, thank you folks.

1:28:55So we're going to go ahead and take a quick 10-minute break, and then we'll come back and have committee discussion.

1:28:59Please be here at 3:35.

1:29:02Got it.

1:29:02It's 11 minutes.

1:42:45All right, I will go ahead and bring us welcome back into our meeting at 3:38 PM.

1:42:50So thank you to all of our testifiers.

1:42:54Uh, we're going to move into committee discussion, and I want to kick it off with a quick procedural, um, ask.

1:43:01So because of, you know, city quorum laws, etc., um, I have to end this meeting formally, uh, ask to become a co-sponsor.

1:43:11I'm definitely supportive of the resolution, but have to do it publicly in the meeting.

1:43:15So I am formally requesting to be added as a co-sponsor of this resolution.

Katrina 1:43:21 - 1:43:21

1:43:21Woohoo!

Lynn Handlin 1:43:21 - 1:43:22

1:43:21Yeah.

Candace Avalos 1:43:22 - 1:43:41

1:43:22I don't know, is it— do I just— I think the city attorney just said as long as you get a thumbs up.

1:43:26Thumbs up?

1:43:27Thumbs up?

1:43:28Okay, great.

1:43:29Officially on the resolution.

1:43:30Thank you.

1:43:31Um, so yeah, let's go ahead and hop into committee discussion.

1:43:35I know I have a couple of questions too, but let's kick it off with Councilor Koyama Lane.

1:43:39Let's also, um, formally move the amendment.

Katrina 1:43:42 - 1:43:43

1:43:42Great.

Tiffany Koyama Lane 1:43:43 - 1:44:58

1:43:43Thank you, Chair.

1:43:44So we are advancing this resolution now because addressing, you know, stopping NDAs is an important first step, and it is really important that we are continuing to look at additional approaches to address negative consequences of data centers.

1:44:01And we need to keep looking into those.

1:44:03We need to look into restrictions on hyperscale data centers, better understand how large load centers impact our community.

1:44:11That can be through a moratorium, but as we also have heard, that's a very long process that local jurisdictions can only do for 120 days.

1:44:20And so, um, another option is also looking into a ban.

1:44:24Um, this is an amendment that would be in the resolution to just add the be it further resolved that as a council, we intend to keep looking into this.

1:44:34We intend to keep pursuing what our different options are.

1:44:38There will need to be some more discussions.

1:44:40I have already texted, um, some colleagues at Multnomah County to see where they are at because it is, um, we're seeing Washington County, Clackamas County, um, leading on some of this.

1:44:52And so with that, I would like to formally move Koyama Lane Green 1.

1:44:58Second.

Candace Avalos 1:44:59 - 1:45:04

1:44:59All right, so we will enter discussion on the amendment.

1:45:02Is there—.

1:45:03I see hands in the queue.

1:45:04Is it for the amendment?

Ben Gilbert 1:45:05 - 1:45:06

1:45:05Councilor Green?

Candace Avalos 1:45:07 - 1:45:07

1:45:07Yeah.

Mitch Green 1:45:07 - 1:45:48

1:45:07Go ahead.

1:45:08Thank you for bringing the amendment and drafting this.

1:45:12I support this.

1:45:15I think it was important to be responsive to community concerns and sort of wondering why we're not just bringing forward a fully baked moratorium and understanding that there is a careful balance You have to navigate this very carefully with land use law, and so we want to make sure we do it right.

1:45:35So, and putting this in here, um, fits in the spirit of the resolution, which signals council's intent on how we want to move forward on this.

1:45:43And so, um, I think it's a good and welcome addition and an improvement to the underlying.

1:45:47So I support it for that reason.

Katrina 1:45:51 - 1:45:51

1:45:51Great.

Candace Avalos 1:45:51 - 1:46:16

1:45:51Councilor Koyama Lane?

1:45:53Oh no, you're not in the queue anymore.

1:45:54Okay, uh, any further discussion then?

1:45:57If not, we'll move forward with a vote.

1:46:00So, um, hold on, let me get my notes up.

1:46:07Lost my notes.

1:46:10Uh, yeah, I guess we just— it was moved and seconded by Councilor Koyama Lane, uh, seconded by Councilor Green.

1:46:15So we will go ahead and call the roll.

Unidentified speaker 1:46:19 - 1:46:24

1:46:19Roll call on the motion to amend the resolution as shown in Koyama Lane-Green 1.

Candace Avalos 1:46:27 - 1:46:27

1:46:27Aye.

Sarah Taylor 1:46:27 - 1:46:28

1:46:27Novick?

Unidentified speaker 1:46:29 - 1:46:29

1:46:29Aye.

Katrina 1:46:30 - 1:46:30

1:46:30Green?

Candace Avalos 1:46:31 - 1:46:31

1:46:31Aye.

Nancy Thorington 1:46:32 - 1:46:33

1:46:32Pirtle-Guiney?

Candace Avalos 1:46:41 - 1:46:42

1:46:41Pirtle-Guiney's not, not here right now.

1:46:42Okay.

Unidentified speaker 1:46:43 - 1:46:43

1:46:43Uh, Avalos?

Tammy Carpenter 1:46:44 - 1:46:44

1:46:44Aye.

Deneen Crowe 1:46:46 - 1:46:54

1:46:46Uh, with 3 ayes, the motion to amend the resolution as shown in Koyama-Green Koyama Lane Green 1 has been approved.

Candace Avalos 1:46:54 - 1:47:04

1:46:54Great, thank you.

1:46:55So we'll move back into the now amended resolution discussion.

1:46:59Um, I don't see any hands.

1:47:01Let me get— oh, Councilor Green, go ahead, and then I'll ask some questions.

Unidentified speaker 1:47:05 - 1:47:40

1:47:05Yeah, thank you.

1:47:06Um, I wanted to address, uh, one thing that kind of came up as a theme in the testimony, which was the, the question of, well, why, why is the language and there's a specific reason for that.

1:47:21And so I wanted to kind of share that with the public.

1:47:24And, you know, Councilor Koyama Lane, you can correct me if I steer off track here in terms of the intent here.

1:47:29But per the charter, the charter reserves the rights for the mayor and assigns the duties to the mayor to execute contracts.

Mitch Green 1:47:40 - 1:47:40

1:47:40And so—.

Unidentified speaker 1:47:41 - 1:50:24

1:47:41I think that's correct.

1:47:43Council cannot direct the mayor or the city administrator on how to exercise that charter authority.

1:47:49We can signal, we can say we want you to do this thing.

1:47:52You know, we can demand of the mayor, we can urge of the mayor, and that's what we can do by resolution.

1:47:57Elsewhere in other resolutions, if we're trying to compel a report or information from the city administrator, we can use the language require.

1:48:05But that's the limit of power by a resolution by council.

1:48:10Now, if we wanted to change the law, we do that by ordinance.

1:48:14And it might be the case down the road that we want to contemplate a codification on limits to the mayor's scope in executing contracts, which is actually not well defined in the charter by my read.

1:48:27It just says as long as it's consistent with the budget.

1:48:30Well, I don't know what that means, right?

1:48:32That could be widely interpreted.

1:48:34And so So this is a resolution that is narrowly focused on a specific land use idea, which is about making sure that in the context of data centers, we're signaling council's intent that we expect and we hope, we urge the city administrator and the mayor to not be signing these things, because that's also what we're hearing in our communities.

1:48:56Like when, when the reporting broke last year on NDAs being used as part of the Moda Center deal, I got a lot of emails from my constituents about like how outrageous that was and then question of like how deep does that go.

1:49:09And so taking a proactive stance here to say we don't want that happening in the context of of any data center deals going on here, I think is a really reasonable way to start this.

1:49:20And it might be the case that we have to down the road follow this up with some codification language by ordinance that cleans that up more broadly because I actually.

1:49:29I don't think that we should have NDAs of any kind in the City of Portland among government officials, elected or otherwise.

1:49:37But we can't compel that by resolution.

1:49:39But what we can do right here is provide council's intent here.

1:49:44I also want to say there was some testimony about the interaction between these hyperscale data centers and its effect on our grid.

1:49:56And our electric utility system writ large.

1:50:02And I, you know, it's— there's a deep— there's an interconnectedness.

1:50:05There were some themes raised around affordability and rate, you know, rate pressure more broadly, but also a less discussed part is about, and it's a little more technical, but it's about the reliability of the grid, right?

1:50:18So if your local utility— well, your local utility is required to engage in a long-term planning process.

Mitch Green 1:50:24 - 1:50:24

1:50:24Right.

Unidentified speaker 1:50:25 - 1:51:17

1:50:25Where they evaluate the suitability of their system in meeting its load obligation in a range of scenarios.

1:50:33So it's a probabilistic statistical approach to that.

1:50:37And Portland General Electric has some modeling in their long-term plan that they file with the Oregon Public Utility Commission and that they're required to file with NERC that shows increasing probability of brownouts and lack of system reliability.

1:50:52And while in the context of that, you know, certain actions related to distribution lines, they'll say, well, I can't tell you who— what load is driving that because that's protected by contract.

1:51:05If you just go look at the annual report on the first page for the last 3, 4 years, it said our growth is driven by data centers, particularly in Washington County.

1:51:15And so the public is connecting those dots.

Mitch Green 1:51:17 - 1:51:17

1:51:17Thank you.

Unidentified speaker 1:51:17 - 1:52:03

1:51:17And so it's really important that, um, that we as a body, we as a city, say we're going to do the right thing and decline to sign NDAs because what we don't want there to be any shadow of a doubt that the city is participating in actions that then result in, um, impacts on our communities through, you know, whether it be Forest Park or our our rate pressure that we, that we had some kind of control over or some hand in.

1:51:48All right, so it's public trust is paramount here.

1:51:51So I wanted to lift that piece up and just say I think this is the start.

1:51:57I think we need to go bigger and contemplate prohibitions on NDAs more broadly.

1:52:02Thanks.

Candace Avalos 1:52:03 - 1:52:42

1:52:03Thank you, Councilor.

1:52:08I have a couple of just staff questions.

1:52:10I know we have some staff in the room.

1:52:12To help answer.

1:52:16Um, if you could come on up.

1:52:17Great, thank you.

1:52:22So, uh, I guess I just wanted to know if you could walk us through what happens today if a company approaches the city about a large data center.

1:52:32At what point would council ordinarily become aware of that project?

1:52:35Tell me about what we're trying to solve for and help us understand the current you want me to take a stab at this?

Katrina 1:52:43 - 1:52:43

1:52:43Sure.

Natalie Didion 1:52:43 - 1:53:19

1:52:43So Natalie Didion representing Portland Permitting and Development.

1:52:49So if we're asking about the large-scale projects, any of those of any type, not just a data center, we have our process management team where the larger-scale projects go through and get extra assistance for the permitting.

1:53:07So they may set up an early assistance meeting, they may set up a life safety preliminary meeting, um, and then they have someone kind of tracking the project throughout.

1:53:16And so any large mega—.

Candace Avalos 1:53:19 - 1:53:21

1:53:19Whatever you were calling them now—.

Natalie Didion 1:53:21 - 1:54:19

1:53:21Data, uh, center would be going through those, um, channels right now.

1:53:27And, and to answer your question, correct me if I'm wrong, Natalie, but there is no direct communication with City Council about what permits are coming into the system.

1:53:37As you might imagine, there is, you know, thousands of permits coming in for electrical, trade, mechanical permits.

1:53:44They are all online, so through Portland Maps one can also view them by their neighborhood associations.

1:53:51I know many neighborhood associations look at them that way to see what permits have come in.

1:53:56You can subscribe to PP&Ds subscription services, um, to find out.

1:54:01I subscribe and I every day I get an email from like, here are, um, 4 or 5 new, um, early assistance that have come in and say what neighborhood association, what the proposal is, and then you can click through.

1:54:13Um, but there isn't a report that is coming to City Council for what permits come in.

1:54:18Is that accurate?

Unidentified speaker 1:54:19 - 1:54:19

1:54:19Yes, thank you.

Lynn Handlin 1:54:20 - 1:54:20

1:54:20Yes.

Candace Avalos 1:54:20 - 1:54:36

1:54:20Great.

1:54:21And, um, could you talk to us about the 20 megawatts As the threshold, what, what, um, would that capture the type and scale facilities we're most concerned about without pulling ordinary commercial data operations into this process?

1:54:34Just want to understand what the threshold, where that came from.

Natalie Didion 1:54:37 - 1:55:17

1:54:37Yeah, I am not an expert on that, um, and maybe, um, Councilor Koyama Lane can speak to that.

1:54:43We have been talking about, um, we are in our discussion yesterday, we're talking about watts versus amps versus from a land use perspective, we would want to know what 20 megawatts would translate to for like what size of a building are we talking about, because that's what of course we would be permitting.

1:55:03And what size of a building would fit on what size of a lot so we can get a handle on where these land uses could be.

1:55:11So there's kind of some translation, some metrics that we need to wrap our heads around that I haven't quite done myself.

1:55:17Thank you.

Unidentified speaker 1:55:19 - 1:55:21

1:55:19Yeah, I, I have the same question.

Natalie Didion 1:55:21 - 1:55:27

1:55:21The 20 megawatts, I am not familiar with that as a particular threshold for the scale.

Candace Avalos 1:55:28 - 1:56:28

1:55:28So, okay, thank you.

1:55:30Yeah, um, great.

1:55:32Well, I think those are all my questions for you all.

1:55:35I appreciate, um, obviously just the efforts here for this resolution.

1:55:40We have clearly heard a need from community for more transportation options.

1:55:43Thank you.

1:55:43Transparency.

1:55:44And importantly, you know, what we're seeing today is just ensuring good governance in how we're approaching this, especially as this continues to be an emerging problem and we want to protect Portlanders ahead of time.

1:55:58So again, grateful to my colleagues for this.

1:56:02I think that our— there are obviously some larger policy questions that are emerging from this, and I believe this is an important first step, um, to talk about, um, what that looks like in broader land use, um, situations.

1:56:14But this one is very particular and necessary to be called out, um, and so I'm glad that we're, um, being intentional about data centers in this resolution.

1:56:22So those are my questions for now.

1:56:25Thank you.

1:56:26Uh, let's see, Councilor Pirtle-Guiney.

Elana Pirtle-Guiney 1:56:29 - 1:56:58

1:56:29Thank you, Chair, and apologies, I had to step out for a quick other meeting, and I will I will hopefully not repeat questions that have been asked.

1:56:37If I do, please just tell me and I will move on.

1:56:40It sounds, Chair, like you were asking about what a 20-megawatt facility meant as we think about the scale we heard before about enterprise size, colocation size, and hyperscale size.

1:56:53Is that correct?

1:56:54Okay.

1:56:55And it— we don't know which of those that falls into?

Natalie Didion 1:56:59 - 1:57:02

1:56:59We haven't done the crosswalk and we aren't experts on that.

Elana Pirtle-Guiney 1:57:02 - 1:57:17

1:57:02Okay, councilors who brought this forward, is 20 megawatt hyperscale or does that get us into some of those smaller-sized data centers that many companies probably have onsite?

Unidentified speaker 1:57:17 - 1:58:13

1:57:17So 20 megawatt threshold is used to determine large load customers, but not necessarily hyperscale.

1:57:25And I can share a little bit that there was a Thousand Friends of Oregon report that Claire shared with us, and we've been working with and learning from AI Now Institute, the national research advocacy organization.

1:57:38And when we started our background research process, we asked which types of facilities should we look at, focus on, and they suggested looking at energy consumption.

1:57:48And the 20-megawatt threshold was suggested for large load customers.

1:57:55And that also aligns with HB 3546's definition, large energy use facility, means a facility that uses or is able to use 20 megawatts or more and is primarily engaged in providing a service described under Code 518-210, so on.

Elana Pirtle-Guiney 1:58:13 - 1:58:29

1:58:13Okay, so this gets us out, at least out of that enterprise level, you have something on site, into probably the larger colocation facilities and the hyperscale facilities.

1:58:26Is that how I should be understanding what we're talking about here?

Tiffany Koyama Lane 1:58:29 - 1:58:30

1:58:29Absolutely, yes.

Elana Pirtle-Guiney 1:58:30 - 1:59:16

1:58:30Okay.

1:58:31And on the NDA language, we've heard in a variety of other spaces recently that there are times where NDAs may be necessary to be able to get details about a business's operation.

1:58:45What you're focused on here though, it looks like, are NDAs about what So am I correct to understand that this doesn't touch on those NDAs where we say, hey, in order to better understand a business's operation model so that they can share details they wouldn't share publicly, we need to sign an NDA?

1:59:11This only focuses on those NDAs where we're saying, hey, a company doesn't want the public to know about their business model.

1:59:16That's correct.

Unidentified speaker 1:59:21 - 1:59:45

1:59:21Yeah, this resolution is specifically about NDAs tied to public decisions.

1:59:26So siting, permitting, utility rates, fees, any use of shared resources or public engagement.

1:59:33And so it's not about like internal business model engineering.

1:59:40It's more about decisions that are about shared infrastructure, public resources.

1:59:43So if you're talking about a new hotel, Great.

Elana Pirtle-Guiney 1:59:46 - 2:02:13

1:59:46Thank you for clarifying that.

1:59:47I think that's an important piece to have out there.

1:59:49Thank you for asking.

1:59:51And I think those were my 2 questions.

1:59:56I do want to take an opportunity just while I'm here to say that I believe the amendment passed while I was out.

2:00:04Okay, so with the addition of that amendment, just out of an abundance of caution, I want to declare a potential conflict of interest.

2:00:12My wife works for Microsoft Corporation.

2:00:15Part of their business includes the development of data centers.

2:00:19And without the amendment, I didn't think there was any conflict.

2:00:23But the fact that we're saying we are looking at pursuing a moratorium on data centers, I just want to be overly cautious and make sure I don't— that I don't risk not declaring something where there could be a potential conflict of interest.

2:00:35So I'd like to put that on the record.

2:00:37Second.

2:00:39Um, you know, as I look at the language we have before us and the impact of data centers on communities, um, it— we're looking in the spaces where we saw that these could be located in our community at some large commercial areas with a lot of job potential, yes, but also some industrial areas in that Central Industrial East Side where these types of uses could be located.

2:01:09And as a city that is completely surrounded by other cities, we don't have the luxury of using our land base, especially our job-creating land base, particularly those industrial areas, for uses that don't create and so I think that the conversations we have in Portland have to take that into account.

2:01:41When we talk about data centers, when we talk about these uses, we have to be thinking about what the trade-off costs are and what else we need that land for in order to have enough high-wage jobs in our community that folks who live here can get a decent living.

2:01:57Councilmember Herbold.

2:02:00So I think this is an important conversation for us to be having.

2:02:04I think it is an important conversation for us to be having in a transparent manner, and I appreciate folks bringing this forward and allowing us to delve into this.

2:02:12Thank you.

Candace Avalos 2:02:15 - 2:02:16

2:02:15Vice Chair Green.

Unidentified speaker 2:02:17 - 2:03:44

2:02:17Yeah, thank you.

2:02:19Councilor Pirtle-Guiney was engaging in some questions that I have a technical and nerdy interest in and also some expertise, and so I wanted to I would just like note that in just a utility regulatory rate-making, it's pretty common to have like large load tariffs that have thresholds.

2:02:36And so I think across the United States, those thresholds generally begin around 20 megawatts with some exceptions for lower if it's a specific type of use and can range up to about 150 megawatts.

2:02:49Just really depends upon the grid and what their Overall, um, rate-making problem is to be solved.

2:02:56And so, um, 20 is a natural cut point because that's the point at which you're like, okay, this is a sustained— this is basically a neighborhood-scale thing.

2:03:05Just, just to give you a sense of scale, um, the Moda Center is about a 10-megawatt load, right?

2:03:13So it's like— and I, I got thinking around that because, because the community benefits agreement is part of the You know, contemplated turn sheet, right?

2:03:20Like electrification and all that.

2:03:21So that's a lot of power, and it's sustained, um, like basically 24/7 power.

2:03:26So it's not just data centers, it's utilities contemplating these large point loads.

2:03:31And so this would place it in the category of like a major industrial operation.

2:03:35So to your point, um, it's very much not about, um, even like one floor in an office building of having some server farms.

2:03:43Like, that wouldn't even get there.

Mitch Green 2:03:44 - 2:04:22

2:03:44Thank you.

2:03:45I do think— so downtown's in my district, and while you're right, like, we can't afford to use our space like horizontally this way for data centers, I'm also a little concerned about us pursuing a development strategy that tries to use our downtown towers for that, because that doesn't get people downtown walking and engaging in commerce and engaging in this kind of broader waterfront, you know, what's the future of downtown type So I don't know that that's going to happen in downtown, but I'm kind of wanting to cover that too.

2:04:20So I'm glad that you raised it.

Candace Avalos 2:04:22 - 2:04:25

2:04:22Councilor Pirtle-Guiney.

Elana Pirtle-Guiney 2:04:25 - 2:05:22

2:04:25Thank you, Chair.

2:04:26And Councilor, you went there, so I'll ask another question.

2:04:31And I don't know if you— I don't know if you know the answer to this, but we do have We do have some server farms downtown.

2:04:40I don't know if they're data centers or not, or if they're doing other processing, but we do have some buildings downtown that are either solely or predominantly devoted to data processing and storage right now.

2:04:53In terms of size of what a 20-megawatt— is that what this said?

2:05:00Yes.

2:05:04Looks like in terms of the space that that takes up, which I assume will change over years as processing gets more efficient.

2:05:12But let's operate in the right now.

2:05:14What does that mean in terms of a single city block tower located downtown?

Unidentified speaker 2:05:25 - 2:05:56

2:05:25I don't know the precise answer for you.

2:05:27That's something I'd need to kind of research a little bit.

2:05:30But we did hear some testimony from one of the panelists that was arguing that right now in Kansas City, Missouri, they're contemplating basically a tower downtown.

2:05:44And so I think the idea is to make efficient use of the land, because land's expensive, maybe less so in Portland right now than it used to be, downtown at least.

2:05:54You got to go kind of like pretty high up on this.

Mitch Green 2:05:56 - 2:05:56

2:05:56Yeah.

Unidentified speaker 2:05:56 - 2:06:15

2:05:56And once you get into the The point of hyperscale, uh, your cost efficiencies would— you'd need to, you know, because all that cooling infrastructure needs to be spread out a lot around a lot of compute power.

2:06:06And so I would imagine a full-blown tower, not just like a few floors of a downtown, uh, commercial property.

2:06:14But I, but I don't know off the top of my head.

Mitch Green 2:06:16 - 2:06:16

2:06:16Okay.

Elana Pirtle-Guiney 2:06:16 - 2:06:19

2:06:16But 20 megawatts is, is a very large amount of load.

Unidentified speaker 2:06:19 - 2:06:27

2:06:19Like, that's, that's like an Intel processing set.

2:06:21It's like one part of an Intel so it would have to be a big tower, I would imagine.

Elana Pirtle-Guiney 2:06:28 - 2:06:59

2:06:28Great.

2:06:30I may try to find this out before this comes to council, just because I do think it's important to help folks understand what scale we are talking about.

2:06:40I know we have folks in the community who oppose all data centers.

2:06:44I know we have folks in the community who have more nuanced views about data centers, and to be able to all right, folks, we have—.

Candace Avalos 2:06:59 - 2:07:01

2:06:59Oh, Councilor Koyama Lane, go ahead.

Unidentified speaker 2:07:02 - 2:08:28

2:07:02I wanted to say that I appreciate this conversation and the many different questions and things that have been brought up, and also just appreciate and want to give a nod to the statewide organizing that's happening, to the folks that also came I know I got an email in my inbox just last night that a week, week from today, next Tuesday, there will be folks doing a rally and lobby day at the state capitol building about a 3-year moratorium.

2:07:29So this— there is energy around that, and folks want to know more about that.

2:07:34I got that email from 350 PDX, and our own governor has said, quote, local governments are doing the right thing in calling for a pause until we can get this right.

2:07:42Thank you.

2:07:43So I appreciate community pushing for just that and encouraging a pause and to make sure we're really thinking this through.

2:07:51And I want to be clear that this resolution is really setting an expectation, a policy expectation that we can have on record.

2:07:59So city leadership and the public are very clear about what council's expectations and intent is.

2:08:06And I just really think that public commitments are important.

2:08:10They create accountability.

2:08:11People can point back to them, and they also signal what kind of a city we are.

2:08:16And my hope is that Portland is a city that really values transparency and being open with the community.

2:08:23So thank you for considering a yes vote.

2:08:26I hope you all will support.

Candace Avalos 2:08:32 - 2:08:51

2:08:32All right.

2:08:33So we don't have any other folks in the queue.

2:08:37Therefore, I would like to entertain a motion to move resolution as amended, document number 2026-299, to the full council with a recommendation it be adopted.

2:08:50Someone has to move it and second.

Mitch Green 2:08:51 - 2:08:51

2:08:51So moved.

Candace Avalos 2:08:52 - 2:08:54

2:08:52Moved by Councilor Green.

2:08:53Do I have a second?

Elana Pirtle-Guiney 2:08:54 - 2:08:55

2:08:54Second.

Candace Avalos 2:08:55 - 2:09:00

2:08:55Seconded by Councilor Pirtle-Guiney.

2:08:58All right, with that, uh, please call the roll.

Mitch Green 2:09:04 - 2:09:04

2:09:04Aye.

Unidentified speaker 2:09:04 - 2:09:05

2:09:04Green.

Mitch Green 2:09:05 - 2:09:05

2:09:05Aye.

Unidentified speaker 2:09:06 - 2:09:07

2:09:06Pirtle-Guiney.

Elana Pirtle-Guiney 2:09:07 - 2:09:07

2:09:07Aye.

Unidentified speaker 2:09:08 - 2:09:09

2:09:08Avalos.

Candace Avalos 2:09:09 - 2:09:09

2:09:09Aye.

Unidentified speaker 2:09:11 - 2:09:25

2:09:11Uh, motion to refer the resolution as amended, document number 2026-299, to the City Council with the recommendation it be adopted is approved with 4 aye and 1 absent.

Candace Avalos 2:09:25 - 2:10:13

2:09:25Great, thank you, Wendy.

2:09:27Uh, thank you, committee.

2:09:28We are about to wrap up but wanted to do a quick I just wanted to circle back on what we were discussing around UHS earlier.

2:09:35So just wanted to— I messaged with some folks at Housing Bureau per the conversation we had on planning.

2:09:42I was informed that, uh, PHB did reach out to all the council offices but did not hear back.

2:09:48And so she's going to reach out again.

2:09:50And if, um, especially the committee member council offices, if you can respond, uh, she's got specific questions for, you know, the planning.

2:09:58But just know that you will get another ping, um, so that we can get that moving.

2:10:03Uh, otherwise, we've got our next meeting on the 15th, and, uh, stay tuned for updates on that meeting's agenda.

2:10:10And I will adjourn today's meeting of Housing and Permitting at 4:05 PM.

Unidentified speaker 2:10:17 - 2:10:18

2:10:17Thank you.