Emporia voters to decide data center, battery storage questions
Emporia voters will decide Nov. 3 whether to prohibit high-impact data centers and certain large battery energy storage systems throughout the city. The proposals face unresolved legal and drafting questions, including an incorrect reference to a nonexistent section of the city’s zoning regulations.
Emporia voters will consider two citizen-initiated ballot questions on Nov. 3. Question No. 2 would prohibit construction, installation, operation and maintenance of high-impact data centers requiring more than 10 megawatts of peak electricity or more than 100,000 gallons of water per day. Question No. 3 would prohibit Tier 2 and Tier 3 battery energy storage systems across the city’s zoning districts.
The proposed ordinances contain an incorrect reference to penalties under “Article 15,” which does not exist in Emporia’s current zoning regulations. Emporia Neighbors United founder Jay Vehige acknowledged the drafting error, while City Manager Trey Cocking said its legal effect would be for a court to determine. The Emporia City Commission has said the data center ordinance cannot take effect until pending legal questions are resolved or a court orders otherwise, and the city may seek judicial review after the election.