Because You Asked: Your questions about Emporia’s data center vote answered
Emporia voters are preparing to decide a citizen-initiated proposal intended to prohibit high-impact data centers and a separate measure concerning battery energy storage systems. The data center question applies only within Emporia city limits, while a drafting error involving the ordinance’s penalty section could lead to litigation if voters approve it.
Emporia residents, but not Lyon County residents who live outside the city, will vote Nov. 3 on citizen-initiated petition questions concerning high-impact data centers and battery energy storage systems. The proposals were submitted by Emporia Neighbors United and would apply within the city rather than throughout Lyon County. Lyon County Clerk and Election Officer Amie Jones said her office verified petition signatures, while a judge ordered the questions onto the ballot.
The proposed data center ordinance defines a high-impact facility by its primary use and by peak electricity demand above 10 megawatts or water use above 100,000 gallons per day. Emporia Neighbors United says it intends to prohibit such facilities and does not expect the measure to affect existing industries. However, the ballot language cites penalties in “Article 15” of the city’s zoning regulations, while the relevant penalties appear in Section 11. The group acknowledged the drafting error and said it may pursue litigation after the election to determine whether the provision can be corrected and enforced.