Pulaski County Quorum Court passes ordinance to ban new data center permits for a year
Pulaski County's Quorum Court passed an ordinance enacting a 12-month moratorium on new data center permits and expansions, with the exception of the AVAIO data center project, which was grandfathered in via an amendment. The ordinance also mandates studies on environmental impacts and the drafting of comprehensive zoning amendments. Legal concerns were raised by the County Attorney regarding the Quorum Court's authority and potential lawsuits.
The Pulaski County Quorum Court in Arkansas has enacted a 12-month moratorium on new data center permits and expansions. The ordinance, sponsored by District 1 Justice of the Peace Rebekah Davis, prohibits the county from accepting, processing, reviewing, or approving any related zoning applications, site plans, building permits, special use permits, or variances.
However, a significant amendment proposed by Justice of the Peace Phil Stowers was passed, grandfathering in the AVAIO data center project, which is planned for an unincorporated area near Wrightsville. This amendment passed by a narrow margin, with eight ayes, six nays, and one abstention. Stowers expressed concerns about potential financial liability if AVAIO were not exempted, a sentiment echoed by County Attorney Hamilton Kemp, who advised the Quorum Court that they would likely be sued if the ban passed without the amendment. Kemp also questioned the Quorum Court's authority to regulate data centers, suggesting the Arkansas Oil and Gas Commission might be the appropriate governing body.
The moratorium also mandates that the county's Planning and Development Department and Planning Board study the potential effects of data centers on the electrical grid, water supply, noise, and visual impacts. They are also tasked with drafting comprehensive zoning amendments for data centers in unincorporated areas, holding public hearings, and providing quarterly updates to the Quorum Court. The vote followed a news conference by Arkansas Grassroots United, led by chairman Toney Orr, who raised concerns about transparency, water and electricity usage, and the impact on vulnerable communities. Justice of the Peace Donna Massey and Democratic candidate for Pulaski County Judge Wendell Griffen also spoke in favor of the moratorium, advocating for responsible growth, community involvement, and transparency. Despite the partial exemption for AVAIO and legal warnings, the ordinance passed with 10 ayes, four nays, and one abstention.