Model language · Version 2 · September 2026

The Heat Condition

Permit conditions, a community covenant, and a model state act for any county, city, or state considering a data center. Free to copy, adapt, and adopt — no attribution, no license, no vendor.

Open the PDF Download 7 pages · Letter
Where does the heat go?

Every data center turns electricity into heat, and nearly all of it leaves by the roof. The newest buildings release it hot enough to run a greenhouse, a fish farm, a public pool, or the floor of a house — in January, with nothing burned. Whether any of that happens is decided once, on a site plan, before the public sees it. This document moves the decision into the open.

What's inside

One question, asked in the three places where it can be answered.

Part One · Counties and cities

Permit conditions and a community covenant

Conditions a locality can attach to a data-center special use permit, and a covenant a developer can proffer in return.

  • A Heat Recovery Assessment, filed before the hearing, in public
  • A connection point reserved on the site plan
  • Heat offered at cost before it is vented
  • An annual public heat report
  • No confidentiality on water, power, or land
  • The covenant: a farm on the loop, a 15% food floor, local hiring, running with the land
Part Two · State legislatures

A four-section model act

None of it mandates the reuse of heat. Each section mandates that the question be answered — and each has a precedent already in force.

  • A farm-ready building standard (solar-ready precedent)
  • A heat analysis at the permit stage (Noord-Holland precedent)
  • Byproduct heat as a product, not a utility (Colorado precedent)
  • A demonstration with a public meter (the 2025 GO Virginia recommendation)
Part Three · Everyone else

The five questions

For anyone who will never read an ordinance. Ask them of any applicant, out loud, at any hearing. They are printed below.

Part Three

The five questions

Ask these of any data-center applicant, out loud, at any public hearing.

  1. Where does the heat go?
  2. What cooling are you using, and at what temperature does the water leave?
  3. Is there a connection point on the site plan?
  4. If there's a farm, who gets the food?
  5. Will you sign it in public — a covenant, not an NDA?

An applicant who can answer all five has a Heat Recovery Assessment, a connection point, a covenant, and nothing to hide. An applicant who cannot answer the first one has not thought about it, and now will.

How to use it

Put your county's name on it.

If you sit on a board or council: hand Part One to your attorney and ask for the Heat Recovery Assessment before the next application is heard. You do not need your state's permission to ask where the heat goes.

If you serve in a legislature: Part Two is three pages of law with a precedent in force elsewhere, and one demonstration with a public meter. Legislate from evidence.

If you have a hearing coming up: print Part Three. Read it out loud.

The Heat Condition is released into the public domain under CC0 1.0. It is not legal advice; have your county or city attorney, or Legislative Services, review it before adoption. Bracketed figures are left for the locality and its engineer to set.