Pierson addresses BOS about data center

VICKSBURG, Miss. (VDN) — A group of local residents appeared before the Warren County Board of Supervisors Monday, April 6, to address concerns about the upcoming construction of the Amazon Web Services Data Center. 

Lead by Natural Resource Management student, Lily Pierson, the group had several questions for the Board. Pierson insisted that while the she understood the economic hardships and appreciated the efforts of local leaders, she also believed meaningful progress required listening to residents and not just improving systems. 

“Our community’s voices deserve to be heard, and our land deserves to be protected,” said Pierson.

According to BOS President Dr. Kelle Barfield, Pierson had emailed the questions prior to the meeting and the Board had already answered them; however, Pierson formally asked them during the meeting. Dr. Barfield answered the following questions:

Pierson- What are the regulatory and permitting steps required for the data center to be built? It is our understanding that the proposed site is in the unincorporated area of Warren County and thus will not require appropriate zoning. The site will require a development permit from the Warren County Building Permit Office. Has this already been granted? Will all remaining necessary permits for the project be requested from the Mississippi Department of Environmental Quality? Are there any public comment periods associated with regulatory steps for this project?

Barfield- FOR WARREN COUNTY, A REQUIRED DEVELOPMENT PERMIT INCLUDES VARIOUS ACTIVITIES: CLEARING, DIRTWORK, OR BUILDING. THESE CAN BE COMBINED IN ONE PERMIT OR MAY BE PERMITTED IN PHASES FOR ONLY CERTAIN ACTIVITIES. THE PURPOSE OF A COUNTY PERMIT IS TO ALERT THE TAX ASSESSOR OF A PENDING FACILITY TO ADD TO TAX ROLES, TO CONFIRM A 911 RESPONSE LOCATION, AND TO TRIGGER A FLOOD ZONE DETERMINATION UNDER THE FLOOD PLANE ORDINANCE GOVERNED BY MEMA AND FEMA. NO PUBLIC COMMENT IS REQUIRED FOR A COUNTY DEVELOPMENT PERMIT. AS PART OF THE SITE EVALUATION PROCESS, ONE PERMIT HAS BEEN ISSUED TO A SUB-CONTRACTOR TO CLEAR PROPERTY BUT NO BUILDING PERMITS HAVE BEEN REQUESTED, AS A FINAL LOCATION AND GENERAL CONTRACTOR HAVE NOT BEEN NAMED.

THE ONLY OTHER COUNTY PERMIT MAY BE A UTILITY PERMIT ISSUED WHEN WORK IS BEING DONE ON OR NEAR COUNTY RIGHT-OF-WAY TO ENSURE COST OF REPAIRS TO ANY ROAD DAMAGE ARE COVERED BY THE UTILITY.

VARIOUS ADDITIONAL REGULATIONS APPLY AT A STATE LEVEL: MDEQ PERMITS OR LARGE CONSTRUCTION NOTICE OF INTENT >5 ACRES, WHICH MAY INCLUDE REFERRALS TO U.S. CORPS OF ENGINEERS FOR ADDITIONAL PERMITTING. STATE AND FEDERAL REGULATIONS MAY INCLUDE PUBLIC COMMENT REQUIREMENTS. 

THE SIZE AND NATURE OF PROJECTS GENERATE STATE OR FEDERAL INSPECTIONS FOR THEIR RESPECTIVE REGULATIONS.

Pierson- The rumored project site is adjacent to Dana Road Elementary. Hyperion, Meta’s largest data center construction project which is 50 miles west of us, is also adjacent to a school, Holly Ridge Elementary. Impacts so far at that school include playground closures due to dust, a 600% increase in traffic accidents threatening children’s safety, and noise from construction impeding children’s learning. Once a data center is operational, heat waste and noise and exhaust from on-site generators is a concern. What is the plan to mitigate consequences to the students at Dana Road Elementary?

Barfield- THIS IS A QUESTION FOR AMAZON OFFICIALS AND THE PROJECT GENERAL MANAGER, ONCE NAMED

Pierson- Consumer electricity prices in localities near large data centers have more than tripled. The extensive power generation and grid demands of these facilities are being borne by existing rate payers rather than the corporations who profit from this power use. Does Warren County or the State of Mississippi plan to implement any recommended policy solutions to protect residents from shouldering unaffordable electricity cost increases (such as Virginia SB1234)? 

Barfield- THE MISSISSIPPI PUBLIC SERVICE COMMISSION OVERSEES ELECTRICITY RATES AND REGULATORY COMPLIANCE.  

Pierson- Once the location is announced, will updates on water and land usage be provided? How will the city and Board of Supervisors ensure public health and environmental protection? Have noise and health impact studies been conducted, and if so, is that information available?

Barfield- LOCAL WATER AUTHORITIES ARE THE CITY OF VICKSBURG AND VARIOUS WATER DISTRICTS, WHICH EACH HAVE THEIR OWN BOARDS OF DIRECTORS. WATER PLANS (SUPPLY AND WASTEWATER) GO FROM A WATER DISTRICT TO STATE DEPARTMENT OF HEALTH ENGINEERS.

PUBLIC HEALTH AND ENVIRONMENTAL PROTECTION FALLS UNDER THE JURISDICTION OF VARIOUS STATE AND FEDERAL AGENCIES: MDEQ, MISSISSIPPI DEPARTMENT OF HEALTH, MEMA, FEMA, OSHA. 

NOISE STUDIES HAVE BEEN UNDERWAY BY AMAZON FOR MORE THAN ONE YEAR. THEY WILL HAVE TO PROVIDE ANY AVAILABLE INFORMATION.  

Pierson- Will a community benefits agreement be established? This agreement could address job quality standards, local hiring, fiscal responsibility, resident quality of life, and environmental protection.

Barfield- THE WARREN COUNTY ECONOMIC PARTNERSHIP WORKS WITH THE MISSISSIPPI DEPARTMENT OF ECONOMIC DEVELOPMENT ON ANY STATE OR LOCAL LEVEL AGREEMENTS SUCH AS JOB GUARANTEES. WARREN COUNTY BOARD OF SUPERVISORS APPROVED A FEE IN LIEU AGREEMENT ALLOWED UNDER STATE LAW, WHICH GUARANTEES A MINIMUM FINANCIAL INVESTMENT OF $2.5B AND A MINIMUM OF 100 DIRECT JOBS ONCE OPERATIONAL OVER COURSE OF 5 YEARS. AMAZON PUBLICLY ANNOUNCED AN ANTICIPATED 200 DIRECT JOBS (MORE THAN THE MINIMUM COMMITMENT) AND AN ADDITIONAL 300 INDIRECT JOBS ONCE OPERATIONAL.

COMMITMENTS TO ITEMS SUCH AS ENVIRONMENTAL PROTECTION FALL UNDER STATE AND FEDERAL LAWS, WHICH ALL PROJECT DEVELOPERS MUST COMPLY WITH.

District 3 Supervisor Shawn Jackson also addressed Pierson during the meeting.

“One I want to thank you, young lady, for what you’re doing. It does mean a lot for transparency and a lot of other reasons that everyone is held accountable for what is happening in our community,” said Jackson. “When there are events held by AWS, we attend those events and that’s what those conversations are about. There is a list of contact people from AWS, who have made themselves available to us, and we each have different things that we talk to them about.”

Jackson also explained that the Board is active about reviewing “fee in lieu” contracts between the county and other businesses to ensure the businesses are bringing promises jobs to Warren County.

“Throughout my two terms on the Board, we always revisit how we’re constructing the agreements, whether or not we should entertain ‘clawback clauses’. These are not things that are always advertised, but we’ve had very spirited conversations around looking back at a particular fee in lieu contract. Did they bring the jobs that they said they were going to? Just to let you and the public know, these are kind of living and breathing conversations that we have all the time,” said Jackson.

District 1 Supervisor Edward Herring also commented at the meeting. 

“I would gently remind you, everyone of us was born and raised here. Our grandchildren and great grandchildren will live here; so never think that progress is happening and we’re willing to put the local community and our environment or even our neighbors at risk,” said Herring. “Just like with any other industrial, mega-type deal, there’s a lot of unknowns. Those unknowns sometimes spark questions, rumors, assumptions. I would just gently ask everyone to educate yourself, don’t fall for the first rumor you hear.”

Dr. Barfield urged the public to be wary of what can be found on internet searches.

“Be very careful what you Google because that, I think, stimulates a lot of this fear. It all lives on the internet and some of this information you pull up today were for practices from 15 years ago,” said Dr. Barfield. 

One of the circulating rumors concerning the AWS data center and local leaders is that the Board members signed non-disclosure agreements and are actively hiding information from the public.

Although, Pierson was the only person on the agenda to appear at the meeting, the Board did allow others to address questions. Stuart English, a Warren County resident, asked if the Board had signed non-disclosure agreements and was keeping information from the public. 

“Essentially, a non-disclosure agreement allows, in any aspect of development, the developer to have good faith that the negotiations and conversations will be kept confidential. It’s just a common practice. In the six years that we’ve [the Board] been here, we’ve maybe signed one or two on projects. We don’t go around signing NDAs for the purpose of known information not being made public. I think there’s a misunderstanding of the purpose of an NDA,” said Dr. Barfield. 

When English pressed if the Board had signed NDAs concerning the AWS data center, all supervisors denied signing anything. 

Pierson will host an educational event on environmental quality and citizen engagement on Saturday, April 25 at the Warren County Vicksburg Public Library. The meeting is open to the public.