Oakland City Council approves 45-day moratorium on data centers

Oakland City Council on Tuesday unanimously approved a 45-day moratorium on the approval of data centers in the city, with a provision for extending the measure if needed. 

Introduced by Councilmember Carroll Fife, the temporary pause will prevent the city from approving land use agreements or entitlements for data center development, while allowing city staff to determine what regulations Oakland needs, conduct community engagement and study potential impacts, including energy and water use, public health and environmental concerns. 

Supporters of the moratorium applauded and whistled in celebration. About 30 of them had rallied outside City Hall before the council meeting, waving signs and shouting “No Data Centers.” 

“Oakland residents have been saying that we don’t want an AI data center,” said Vanessa Veak, an organizer with the Party for Socialism and Liberation and No Data Center Oakland. “We are really grateful to have our demand heard.”

A working plan

In August, Danville-based developer Behring Co. proposed turning part of a four-story building at 415 20th St. into a data center. The company plans to use about 20,000 square feet of the building for the facility.

On Sept. 10, Fife, who represents District 3, including Downtown Oakland where Behring’s proposed to data center would be located, introduced an emergency ordinance calling for the pause. Her proposal comes amid the rapid expansion of AI-driven data centers across the country, which has sparked opposition from local communities. 

The moratorium was discussed at a Sept. 22 meeting of the City Council’s Life Enrichment Committee. During the meeting, Fife said that while data centers have existed in Oakland for years, the growth of artificial intelligence has led to more resource-intensive facilities that consume significant amounts of electricity and water, rely on diesel or other fossil fuel backup generators and battery-energy storage systems. She said they also generate noise, heat, vibration and have other environmental impacts. 

“Right now, we don’t have the current regulations that outline what is acceptable and what is not acceptable in the city of Oakland,” Fife added. 

The moratorium will give Oakland time to study the potential impacts of data centers. Fife said that over the next 45 days, Oakland’s Planning & Building Department will develop a work plan outlining the next steps and what regulations the city should consider. City staff will review approaches taken by other California cities that have adopted moratoriums and determine whether outside consultants are needed.

Fife said if the city needs more time, it could extend the moratorium for another 45 days. 

Oakland mayoral candidate Mindy Pechenuk, who has come out in favor of data centers, called the moratorium a waste of taxpayer money. “”Instead, let’s use our resources and actually put us to work in the 21st century,” Pechenuk said.

At the rally, the crowd applauded speakers who called for keeping data centers out of Oakland permanently. 

“A new data center in Oakland would guzzle unsustainable amounts of water, keep fossil fuels online, drive more pollution we don’t need,” said Colin Logan, an organizer with Reclaim Our Power.

Mark Schlosberg, managing director for public affairs at Food & Water Watch, said his support also was driven by concerns about the environment. “I care about the air that I’m breathing and the water I’m drinking,” he said. “But also, you know, I have kids. I want them to have a sustainable planet to live on.” 

“It’s not just about one data center. It’s not just about Oakland. This is a national struggle.” said Eisa AI-Shamma, an organizer with No Data Center Oakland. “We are standing up for the people here and all across the country when we draw a line in the sand and say, no data centers in Oakland.”