Pulaski County Committee Moves to Establish Data Center Regulations

The Pulaski County agenda committee recently voted to send $20 million in Road and Bridge funds for various county projects, a decision that was not unanimous. However, a significant portion of the meeting was dedicated to two emergency ordinances and two resolutions concerning "high-impact industrial infrastructure" and "high density digital infrastructure," which are explicit references to data centers within the county's unincorporated areas. These measures were forwarded to the Planning Commission with a 90-day request for feedback. One proposed ordinance specifically targets data centers, seeking to establish a conditional use permit process alongside performance standards, cost recovery mechanisms, and enforcement protocols. Another ordinance introduces requirements for a notice of industrial impact and intent for such infrastructure, stipulating infrastructure review, utility coordination, and ratepayer protections. Additionally, a resolution proposes designating the Sweet Home community, the Port of Little Rock, and surrounding east Pulaski County as a "Regional Infrastructure Impact Corridor," setting thresholds for developments considered of "regional significance," including electrical demand of 10 megawatts or more, facility size of 100,000 square feet or larger, or water demand of 100,000 gallons per day or more. These measures were introduced in response to a potential Google data center project in the Port of Little Rock, though Google has not confirmed these plans, stating its current focus is on a West Memphis data center. Committee members expressed confusion and frustration upon learning that an application for an AVAIO Digital data center had already been received by the Planning Commission in October 2024, and that the new ordinances would not apply retroactively to this project, as confirmed by County Attorney Hamilton Kemp. Justice Wendell Griffen, a Democratic nominee for County Judge, suggested the lack of prior knowledge among committee members was intentional.