Emporia Voters to Consider Data Center and Battery Storage Prohibitions
Emporia voters will decide on two citizen-initiated ballot questions in November: one to prohibit 'high-impact data centers' exceeding specific power or water usage thresholds, and another to prohibit most battery energy storage systems (BESS). The city clarified its inability to alter the petition language and has filed a legal challenge regarding the data center proposal's eligibility and implementation.
Emporia voters are set to decide on two significant citizen-initiated proposals via special questions on the Nov. 3 ballot. The first question asks whether to prohibit 'high-impact data centers,' defined as facilities exceeding 10 megawatts of peak electricity demand or 100,000 gallons of water per day. This definition includes server farms, AI training facilities, and cryptocurrency mining operations.
The second question addresses Tier 2 and Tier 3 battery energy storage systems (BESS), proposing a ban on systems with an aggregate capacity greater than 80 kilowatt-hours across all city zoning districts, while excluding smaller systems and electric vehicles. These proposed ordinances were submitted by Emporia Neighbors United through a citizen initiative petition process, not by the Emporia City Commission or staff.
State law (K.S.A. 12-3013) prevents the city from altering the language of qualifying citizen-initiated ordinances, which explains why the wording, including an incorrect reference to a non-existent 'Article 15' in the zoning regulations, cannot be changed. The city maintains that placing the questions on the ballot does not indicate its support or opposition.
Regarding the data center prohibition, the city has asked the Lyon County District Court for clarification on its legal eligibility for the citizen initiative process. Although a judge ordered it on the ballot, the court has stayed its implementation, meaning it cannot be enacted even if approved by voters, until the court makes a legal determination. The city has also reserved the right to challenge the BESS proposal legally.