One More For The Road

[{"type":"text","text":"We've all been there..."}]

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<title>One More For The Road: Saturday, January 27, 2024 | Cowboy State Daily</title>

We've all been there...

One More For The Road: Saturday, January 27, 2024

Employee kate meadows cropped

Kate Meadows

Politics

 issued by Cheyenne's Board of Public Utilities (BOPU), arguing the city has not provided the evidence needed to support its conclusion that the company's data center project contaminated the city's sewer reuse system.

The appeal, filed Monday by Meta corporate entity Goat Systems LLC, comes 11 days after the BOPU publicly identified Goat Systems as the industrial user responsible for introducing the bacteria Cupriavidus gilardii into the city's water reuse system.

In a statement provided to Cowboy State Daily late Tuesday, Meta claims the BOPU has not shared all of its testing data or supporting documentation with Meta, its contractor Fortis Construction or the public.

"It is important that the community has all the information about what happened," the statement says.

Meta said it is seeking review "so the facts and cause can be fully and accurately evaluated through the appropriate process."

The appeal comes more than four months after the bacteria was first detected in Cheyenne's wastewater reuse system.

[{"type":"text","text":"City Officials Respond"}]

Cheyenne Mayor Patrick Collins told Cowboy State Daily via a text message Tuesday that he was aware of the appeal. 

[{"type":"text","text":"He was not able to immediately comment further."}]

 the delay in the public being informed was because it took the BOPU, the Wyoming Department of Environmental Quality and the EPA “a number of months to understand the issue.”

“They didn’t want point fingers until they were positive (of the issue and the industrial user),” he said.

Calls and emails to the Board of Public Utilities seeking comment were not returned before publication.

Dr. Mark Rinne, the Cheyenne City Council member who serves as the council's representative on the BOPU, said he was unaware an appeal had been filed until contacted by Cowboy State Daily.

"I was surprised," Rinne said. "I'm not sure what Meta's objections are."

Rinne said he remains confident the contamination was linked to work performed by Meta's contractor.

"Maybe they named the wrong contractor, but where does the buck stop?" he said.

Rinne said he called BOPU’s director, Brad Brooks, and Brooks confirmed the BOPU had given the data to Meta “three different times.”  

“There’s probably not a lot they can divulge,” Rinne added, as a court hearing is pending.

[{"type":"text","text":"What The Appeal Says"}]

Goat Systems is asking the BOPU to reconsider its notice of significant noncompliance and has requested a contested case hearing.

Among the actions being challenged are the proposed $10,000 administrative fine and a surcharge the BOPU plans to assess to recover costs associated with removing the bacteria from the sewer system.

According to the appeal, the BOPU has not produced sampling data, laboratory analyses, chain-of-custody records or other documentation demonstrating that discharges from the Meta data center construction site caused the contamination.

The filing also argues the notice does not establish that 

 at the project's discharge point accurately represented any discharge related to Fortis Construction's fill-and-flush activities.

Additionally, the appeal contends the BOPU failed to consider "potential intervening causes" that could have introduced the bacteria into the wastewater system.

The contamination was first discovered in March, when Cupriavidus gilardii was found in wastewater that is treated and reused for irrigation in Cheyenne. 

Although the bacteria generally poses little risk to healthy people, city officials said it disrupted the biological treatment process and forced the BOPU to halt production of reclaimed irrigation water while crews disinfected the system.

The shutdown affected parks, golf courses and other users of reclaimed water during the spring irrigation season.

 that it had traced the contamination to discharge activities associated with construction of Meta's more than $800 million data center on the east side of Cheyenne. 

The board issued a Notice of Violation citing significant noncompliance, proposed a $10,000 administrative fine and said it would seek reimbursement for cleanup costs through a surcharge.

Throughout the investigation, Meta maintained that water samples collected by its contractor tested negative for the bacteria.

[{"type":"text","text":"Who Held The Permit?"}]

A central argument in the appeal is that the BOPU named the wrong entity as the industrial user.

Meta says Goat Systems should not have been identified because Fortis Construction — not Goat Systems — held the wastewater discharge permit and received temporary authorization to discharge boiler condensate and water used during fill-and-flush operations.

Fill-and-flush is a process used to clean newly installed piping by circulating water through a closed-loop cooling system to remove construction debris before the equipment is placed into service.

According to the appeal, Goat Systems "was not engaged in any activities on the site related to the discharges and could not have caused a discharge of the bacteria in question."

"This is a question of which entity held the permit, not a suggestion that any party acted improperly," Meta says. "We value our partnerships with both contractors and are simply seeking to have the record reflect the correct permit holder."

[{"type":"text","text":"Fortis Supports Appeal"}]

Fortis Construction said in a Tuesday email to Cowboy State Daily that it supports Meta's appeal.

"We remain committed to supporting a thorough, fact-based review of the matter and want to ensure this issue is addressed correctly," a company spokesperson said.

[{"type":"text","text":"Because the appeal is pending, Fortis declined further comment."}]

Meta has consistently maintained that water samples collected by Fortis during construction tested negative for Cupriavidus gilardii.

[{"type":"text","text":"'Committed To Being A Good Neighbor'"}]

Meta said the appeal should not be viewed as a retreat from its commitment to the Cheyenne community.

"We are committed to being a good neighbor in Cheyenne," the company statement says, "which includes helping care for the local watershed."

Meta noted its Cheyenne data center represents an investment of more than $800 million and supports about 100 permanent jobs.

The company also pointed to its global goal of becoming water positive by 2030, meaning it intends to restore more water than it consumes. 

Cheyenne Board of Public Utilities

<title>Meta Appeals Cheyenne Notice Of Violation Over Sewer Contamination | Cowboy State Daily</title>

Meta told Cowboy State Daily on Tuesday that it is appealing a violation notice issued by Cheyenne's Board of Public Utilities arguing the city has not provided evidence that the company's construction project contaminated the city's sewer reuse system.

Meta Appeals Cheyenne Notice Of Violation Over Sewer Contamination

Kolby fedore

Kolby Fedore

Government & Politics

Wyoming U.S. House Rep. Harriet Hageman was one of 22 Republicans to vote against making daylight saving time permanent as the House passed the Sunshine Protection Act on Tuesday.

For Wyomingites tired of changing their clocks every spring and fall, the vote was a big step toward ending the twice-yearly ritual that has been a divisive issue in the Cowboy State and across the nation.

The 308-117 vote advances the act to the Senate, which if approved would make daylight saving time permanent.

Most Americans would stop changing their clocks twice a year and instead remain on daylight saving time year-round, although states could choose to observe permanent standard time instead.

Hageman told Cowboy State Daily in a statement that her vote was made with Wyoming in mind.

"The Sunshine Protection Act robs Wyoming farmers and ranchers of precious sunlight and ensures the first hours of a student's day is in darkness,” she said. "The government isn't funded, our elections aren't secure, and Wyoming's legacy industries need help. 

"I will not vote for a time-wasting bill that puts Wyoming in the dark."

If enacted, the legislation would mean later winter sunsets but also later winter sunrises, giving people more daylight in the evening while making mornings darker.

[{"type":"text","marks":[{"type":"bold"}],"text":"Another Opportunity "}]

[{"type":"text","text":"Wyoming has been preparing for this possibility for years."}]

In 2020, the Wyoming Legislature approved a trigger law authorizing the state to adopt permanent daylight saving time if Congress first changes federal law and neighboring Mountain Time states enact similar laws.

As a result, Tuesday's House vote alone would not change anything for Wyoming.

Even if the bill ultimately becomes law, Wyoming would continue changing its clocks until the conditions outlined in state law are met.

Former state Rep. Dan Laursen, R-Powell, sponsored Wyoming's trigger law and spent years advocating for permanent daylight saving time.

When the U.S. Senate unanimously passed a similar version of the Sunshine Protection Act in 2022, Laursen

he hoped Americans had changed their clocks for the last time that November.

Instead, the proposal stalled in the House before reaching then-President Joe Biden.

[{"type":"text","text":"Now, four years later, Laursen believes Congress has another opportunity."}]

[{"type":"text","text":"\"It's fantastic news,\" he said Tuesday. \"I'm feeling hopeful.\""}]

Laursen said he hopes the Senate can "get something figured out" after unanimously approving a similar bill four years ago.

Asked what message he would send senators, Laursen said, "Let's do it," he said. "Trump wants it. I want it."

[{"type":"text","marks":[{"type":"bold"}],"text":"Long-Running Debate"}]

Supporters of the legislation argue ending the twice-yearly clock changes would eliminate an unnecessary disruption while giving Americans more usable daylight after work and school.

House Energy and Commerce Committee Chairman Brett Guthrie, R-Kentucky, said permanent daylight saving time would improve traffic safety, strengthen the economy and give people "more time to exercise outside, visit family, attend concerts and sporting events."

"It also means more sunlight at the end of the day so Americans can return safely from work and children can return safely from school," Guthrie said.

[{"type":"text","text":"Not everyone agrees."}]

The American Academy of Sleep Medicine supports ending the twice-yearly clock changes but argues that Congress should instead adopt permanent standard time, saying it better aligns with the body's natural circadian rhythms and promotes healthier sleep.

If daylight saving time became permanent, Wyoming would experience later winter sunrises and later sunsets, leaving many children and commuters traveling before sunrise while extending daylight later into the evening.

[{"type":"text","marks":[{"type":"bold"}],"text":"Senate Faces Familiar Decision"}]

The legislation now heads to the Senate, which unanimously approved a similar version of the Sunshine Protection Act in 2022 before it stalled in the House.

[{"type":"text","text":"Its prospects this time are uncertain."}]

[{"type":"text","text":"Wyoming's congressional delegation is split on the issue."}]

While Hageman voted against the House bill, Sen. Cynthia Lummis has 

backed making daylight saving time permanent, calling the twice-yearly clock changes "an unnecessary disruption" and saying advances in technology have made the original reasons for changing clocks obsolete.

[{"type":"text","text":"Sen. John Barrasso has taken a more cautious position."}]

Last spring he told Cowboy State Daily, "Every time we have to change the clocks, I hear about this issue at home in Wyoming. 

"While it would certainly be easier to not have to change our clocks, there are some real concerns with sending our kids to school in the dark. Congress must thoroughly debate all of the potential impacts before taking any action to change daylight saving time on the national level."

Asked Tuesday about the bill's chances in the Senate, Barrasso 

, "We'll see. You know, we had passed something like that once before, and then the House hit the snooze alarm on it, and we'll see what happens when it gets here."

Even if the Senate approves the bill and Trump signs it into law, Wyoming would not immediately stop changing its clocks. 

The state's trigger law requires not only congressional approval, but also neighboring Mountain Time states to adopt permanent daylight saving time before Wyoming could make the switch.

Cowboy State Daily reached out to Barrasso's office Tuesday for additional comment on the House-passed legislation but did not receive a response before publication.

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<title>House Passes Permanent Daylight Saving Time Bill, Hageman Votes Against | Cowboy State Daily</title>

The U.S. House passed a bill Tuesday to make daylight saving time permanent, but Rep. Harriet Hageman was one of only 22 Republicans who voted against it, arguing it would put schoolchildren in the dark and take morning sunlight from farmers and ranchers.

House Passes Permanent Daylight Saving Time Bill, Hageman Votes Against

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Putting an employee housing complex on top of a morgue makes sense because of how dire Teton County’s housing shortage is, some commissioners say.

The Teton County Commission voted last week to incorporate employee housing units into the build plan of the new coroner’s facility. That advances, but doesn’t finalize the move, Commissioner Luther Propst told Cowboy State Daily.

Coroner Brent Blue, who’s running against five other Democrats for the party’s nomination in three open Commission seats, spoke against the plan.

“I vehemently opposed it,” Blue said in a Tuesday phone interview with Cowboy State Daily. “Who wants to live in an apartment above a morgue in an industrial area? That’s just a pipe dream.”

Noting that the measure passed, Blue said the complex might work better as a bunkhouse or dorm for summertime or part-time workers who aren’t planning on settling above the morgue.   

The morgue maneuver reflects that “certainly housing is one of our critical problems for employees,” Blue said.

Chief Deputy Coroner Russell Nelson, who’s running to lead the office, was less subtle.

Blue sent Cowboy State Daily a letter that Nelson had sent the local newspaper after the vote in which Nelson referenced his past work for the Arizona State Museum’s Human Identification Laboratory. 

There, he said, he’d encountered undocumented migrants who’d died in the heat while trying to cross the Southern border, many amid a “brisk drug trade.”

“The bodies that came through our laboratory had been beaten with a variety of tools, shot, burned, dismembered or just left out on the desert floor,” wrote Nelson.

He said lab workers used an enzymatic detergent solution to loosen soft tissue for examining bone features, wrote Nelson.

“All this cooking — even under a fume hood — produced a significant aroma of decomposition in the surrounding areas,” the letter says. 

Nelson compared it to being “downwind of the carcass disposal pit at the Transfer Station.”

Nelson referenced “several” process-heavy cases, and “one rather high-profile, complete with paparazzi.”

Travel vlogger Gabby Petito was killed by her boyfriend in Teton County in the summer of 2021. 

Propst presented the motion at last week's commission meeting to include the housing  plans in the new morgue construction. The aye votes sounded, and no nay votes were audible on the 

Propst told Cowboy State Daily in a phone interview Tuesday that the vote was unanimous. 

He also believes Blue softened to the idea of temporary rather than “executive” housing during that meeting.

Blue said that he conceded the temporary housing idea as a compromise “if (they’re) going to force the issue.”

Propst noted, as Deputy County Attorney Keith Gingery did during the meeting, that housing has occupied that neighborhood. Blue had protested, however, that it’s an industrial area.

Commission Vice-Chair Wes Gardner told Cowboy State Daily on Tuesday that he voted for the addition. 

The county’s dire need, the thrift of building housing on an already-planned building, and the potential to mitigate some of the coroner’s concerns factored into his aye vote, he said.

The cost estimate for the potential two housing units is roughly $1 million of the approximately $ 5 million project, the 

Paying $1 million for two housing units is nearly unheard-of in Teton County, said Gardner.

Teton regularly ranks as the nation’s wealthiest county. Wealthy people drive up home values and with them, property taxes and other costs of living.

Many of the local workers commute from other towns, and workforce housing shortage problems have recurred for years. 

County and Jackson city governments have tried over the years to handle those pressures by subsidizing housing, charging mitigation fees of homebuilders, price-capping homes, among other strategies.

“I completely understand and appreciate where the coroner’s coming from,” said Gardner. “I wish I weren’t in a position where I feel the need to put housing on top of the morgue. Unfortunately, I am in that position.”

Gardner said that on the one hand, he’s faced with an “awkward” living situation and the potential for people to feel uncomfortable. 

“On the other hand, I’m looking at the stark reality facing Teton County and our housing shortage,” he said.

The plan is for the employees to pay a low rent to stay in county housing, he said. 

Gardner said the county government is short by fewer than a dozen employees right now — which is “pretty good” for it. But it has around 26 employee units and nearly 340 employees, he said.

Commission Chair Mark Newcomb told the board last Tuesday that “we also thought” that adding the homes to the new morgue could make the project eligible for a special purpose excise tax, which is slated in part for employee housing.

“(That) might give a little boost to helping with the whole project cost,” said Newcomb in the meeting, adding that he recognized the coroner’s concern.

Propst said he agrees with Blue about making it temporary housing. He called the plot “not where someone might want to live for their career,” but a “great opportunity to provide housing.”

[{"type":"text","text":"Newcomb did not return a voicemail request for comment by publication."}]

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<title>Teton County Is So Desperate For Housing It Wants To Build It On A Morgue | Cowboy State Daily</title>

Some county commissioners say putting an employee housing complex on top of a morgue makes sense due to the housing shortage but the coroner's office is strongly against it. They say the smell is like being “downwind of the carcass disposal pit."

Teton County Is So Desperate For Housing It Wants To Build It On A Morgue

Headshot of Cowboy State Daily's business and tourism reporter, Renée Jean

Renée Jean

CHEYENNE — Why can a project as massive as Microsoft’s planned 3,500-acre expansion avoid Wyoming’s Industrial Siting Council while wind farms and other major industrial facilities usually cannot?

The short answer is that Wyoming law exempts certain non-mineral processing facilities built in existing industrial or business parks designated by local governments from the state’s full siting review. 

That question, in one form or another, hung over more than five hours of testimony Monday night as the Cheyenne City Council considered a package of annexation and zoning ordinances tied to Microsoft’s next wave of data center growth on the city’s south side.

The biggest piece in the package was a 3,500-acre annexation called the Highlands, the largest annexation in Cheyenne history. 

Before Monday's vote, the property represented roughly 20% of the city’s existing footprint. The council approved the annexation on a 6-3 vote, with Councilmen Larry Wolfe, Mark Moody, and Pete Laybourn all opposed.

The approval hands control to Cheyenne over land-use, water, and sewer decisions for thousands of acres tied to Microsoft’s future plans.

Opponents argued the city was moving too quickly and surrendering leverage before the public had a fuller accounting of long-term impacts, while supporters said the annexation was necessary to secure investment and shape the city’s future.

Regulatory Workaround Or Just Business As Usual?

At the center of the dispute is a legal distinction that’s become increasingly important as Wyoming recruits hyperscale data centers. 

Under Wyoming statues, non-mineral processing facilities built in existing industrial parks designated by local governments are exempt from the Industrial Siting Act’s fee and certification procedures, though they must still furnish certain information to the state.

That means data centers in qualifying business park or industrial park settings can avoid the lengthy Industrial Siting Council Process that applies to many other large industrial developments. 

For critics of data centers, that’s a regulatory blind spot, while supporters see it as a system working as designed to avoid duplicative efforts when there’s already planned land for industrial use.

The distinction matters because it’s not a newly invented loophole or a data-center-specific workaround. 

It’s a standing feature of state law — even if that state law was crafted long before the huge data centers now being built.

Siting Council Wouldn’t Block Data Centers

Skipping the Industrial Siting Council review shaves as much as a year off construction timelines, as well as hundreds of thousands of dollars in additional regulatory costs.

If critics of data centers believe pushing those projects to the Industrial Siting Council will stop or block the projects, they’ll be disappointed, Rep. Cale Case, R-Lander, told Cowboy State Daily.

“The Industrial Siting Council doesn’t do what people think it (does),” he said. “You don’t have 10 projects and five get through and five don’t. All 10 are going to get through.”

What it will do is force additional accommodations to ensure they are “better neighbors.”

“Our laws are designed to let things happen, but try and minimize the impacts to other people,” Case said. “But there’s nothing that says you can’t do this if they follow the law and make the accommodations.”

One issue with that is that Wyoming’s Industrial Siting Act was created long before there were such massive data centers and is not really set up to handle data centers.

“Remember, data centers started off small. They were innocuous,” he said. "Now it’s suddenly a different animal. So they would undoubtedly meet the economic threshold, but they’re not considered an industrial facility.”

Another shortcoming, Case added, is that the law also doesn’t really have a mechanism for considering cumulative impacts.

“One area where the Industrial Siting law has clearly failed in my mind is the cumulative impacts problem,” he said. “Because it can do its analysis of each project piecemeal and the marginal impacts … are not deal breakers. 

"But yet, in the end, we have things like the wall of wind that people are talking about from Colorado to Converse County.”

Whether there’s any appetite to address such things isn’t yet clear. 

Case said he has not heard much talk about it himself, but expects that if such a measure is on the horizon, it will come up first in the Legislature’s Joint Revenue Committee.

That’s also where measures dealing with eliminating the manufacturing sales tax exemption would also come up.

“We should deal with this manufacturing sales tax exemption as it applies to them,” Case said. “Absolutely, we should deal with it. If they can afford to bring in fuel cells to produce electricity they can afford to pay sales tax on the servers.”

Concerns surfaced repeatedly during Cheyenne’s Monday night session, with opponents arguing the projects should receive broader, statewide scrutiny such as what the Industrial Siting Commission would provide. 

Among these voices was Laramie County Democratic Party Chair Ted Hanlon, who is a candidate for state Senate District 5. 

He told the council he does not believe the city is staffed, structured, or funded enough to act as an industrial regulatory body, which is how he sees the business park exemption functioning.

“I’m not opposed to data centers,” he added. “I’ve been trying to figure out how to get jobs in Cheyenne all my adult life.”

But allowing the exemption for such massive projects is creating a “regulatory blind spot.”

“Effectively, (it’s) allowing mega corporations to bypass the oversight of the Wyoming Department of Environmental Quality’s Industrial Siting Council,” he saiid. “Under Wyoming state law, massive industrial projects that exceed specific cost and infrastructure threshold are required to go through the IASC. This is a vital regulatory safeguard that’s been in place since 1975.”

The Siting Council helps ensure the impacts of a project are clear, whether those impacts are socio-economic or environmental, and also ensures there are community benefits agreements in place up front, to protect both local governments and taxpayers. 

“By approving this annexation without a fully realized master plan, you’re abdicating your duty to protect the public,” he said. “You’re giving up all of our leverage. Councilman Wolfe was entirely correct. Push for a dramatic reset and demand a formal community benefits agreement.”

Wolfe had earlier in the process proposed a delay to negotiate a $50 million community benefits agreement with Microsoft ahead of the annexation, a measure that was defeated.

“If these corporations want to create a huge footprint in our backyard, they must play by our rules, provide binding transparency, and directly mitigate the strain they place on our town,” Hanlon said. “Voting yes tonight sets a dangerous precedent that Cheyenne will compromise its own regulatory integrity for the promise of unquantified future tax revenues. 

"I urge you to vote no or postpone this ordinance until a full joint review can be conducted alongside the DEQ Industrial Siting Council.”

In later questioning, Hanlon said he’d work with lawmakers like Rep. Ann Lucas, R-Cheyenne, to remove data centers from the state’s exemption.

Lucas had spoken to the council prior to Hanlon, urging caution in its decision.

“This shouldn’t be instant-coffee decisions,” she said. “The people who choose to build homes there, they chose these homes in the past, deserve confidence that their quality of life has been carefully considered — traffic noise, lighting, future expansion, utility infrastructure, and just overall the cumulative effect of continued industrial growth all deserve thoughtful discussion.”

Rep. Daniel Singh, R-Cheyenne, outright said he opposes the annexation and further questioned the idea that data centers will attract people under the age of 30 to stay in Wyoming.

“When you look at polling of young people under age 30, they’re actually the most vehemently opposed to data centers themselves,” he said. “Over 50% if you look at Gallop polling, over 50% of young people are strongly opposed to data centers. 

"So to sit here and say … that we need to build these data centers so we can provide for the next generation and have the next generation stay in Wyoming and thrive — I would actually venture to say that’s the opposite of what would actually happen.”

Why can a project as massive as Microsoft’s planned 3,500-acre expansion avoid Wyoming’s Industrial Siting Council while wind farms and other major industrial facilities usually cannot? It’s not a loophole or a data-center-specific workaround. It's state law.

One More For The Road: Saturday, January 27, 2024

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