Warren continues down the path to stopping data center developers from setting up shop here before they even try.

The council voted at its meeting Tuesday, Aug. 11, to draft an ordinance prohibiting data centers. The vote was unanimous, although it will have to go back to the planning board once again before the process can be finalized.

The vote comes at the recommendation of the planning board, which voted last month to bring the issue to the council’s attention.

Last Tuesday, the council agreed that it is in the town’s interest to block the centers, as they are currently unfit for the land and resources — namely the massive amounts of electricity they use and municipal water required for cooling — available in Warren.

The issue having moved through the planning board and now the council, the goal has remained to protect the town from an emerging issue, which more and more has become a contentious one around the country. And while data centers are still relatively new to Rhode Island, loopholes in ordinances have already caused problems for other municipalities.

"As you're aware, data centers are a very big land use, resource equity topic across the country. Rhode Island currently has four in the state," Town Director of Planning and Economic Development Bianca Policastro to the council. "There are other municipalities, especially smaller communities, such as Charlestown, who are looking at a similar, prohibitive use or moratorium at this time, until there is better, no pun intended, 'data' around data centers."

Referring to a recent situation in Smithfield, Town Solicitor Anthony DeSisto noted during the meeting discussion that developers have attempted to bypass local rules by classifying a data center under permitted "warehouse" uses.

"There was a lot of scuffling about that, and (prohibition) is a solution for that community," DeSisto informed the council Tuesday night. "After fending off that proposal, is to put it in specifically prohibited."

Rhode Island does not currently have statewide legislation regarding data centers. While regulatory bills (H7331 and S2776) were introduced in both chambers of the General Assembly this year, the legislation stalled. The bills were sponsored by Rep. Brian Kennedy (D-Dist. 38, Hopkinton and Westerly) along with East Bay lawmakers Rep. Terri Cortvriend (D-Dist. 72, Portsmouth and Middletown), Rep. John Edwards (D-Dist. 70, Tiverton) and Rep. Katherine Kazarian (D-Dist. 63, East Providence and Pawtucket) in the House. And by Senator Louis DiPalma (D-Dist. 12, Middletown, Little Compton, Newport, Tiverton) among others in the Senate.

This leaves communities and local governments to create their own protective statutes. The action here would amend Article VIII. - Zoning District Use Regulations, Sec. 32-59 — Prohibited uses, adding data centers to the list.

"Right now they're looking across the country at AI ethical use and resources in certain communities," Policastro added, noting the legislation did not move along in the Assembly because the topic is "just a little bit too new." "This recommendation is just to put a prohibitive use at such time until we have better regulatory statutes in place."

DeSisto advised the council there were two ways by which it can approach any future move. A moratorium, he said, "has a separate scheme under the law as to how to proceed," requiring a somewhat more intricate process. The second would be to amend the town's existing ordinance, "specifically prohibiting data centers in the town," DeSisto saying, "That's something that's permissible."

Because the council cannot legally ban a use on the spot, members directed the planning board to draft the new ordinance at that body's meeting later this month. Once done, the proposed amendment would be sent to the council for its consideration at its September session.

"We're not taking a position on this one way or another. We're just saying that we don't believe this town's a resource for data centers to come into… Let's just get ahead of it. Let's protect the town," Planning Board Chair Blake Costa said to close out the discussion.

— Rouette, a resident of East Providence, is a junior majoring in Journalism at the University of Oregon and interning this summer with The Times-Gazette.