AUSTIN CO. COMMISSIONERS ENACT MORATORIUM ON DATA CENTERS, BATTERY ENERGY STORAGE SYSTEMS
Austin County Commissioners moved unanimously on Monday to adopt a countywide moratorium on new artificial intelligence data center and battery energy storage system (BESS) developments.
The moratorium, while not outright barring construction of BESS or data centers, is meant to allow the county time to conduct an evaluation of the impacts created by those developments. The evaluation will include studying compliance with health, fire and safety requirements; cybersecurity safeguards; and enforcement mechanisms that can apply to BESS and data center projects within the unincorporated areas of the county, including the possible designation of an energy development zone for those types of projects.
Part of the moratorium requires prospective developers to submit an equipment manufacturer audit to the county, which includes a full list of all equipment and components proposed for use in the project. It also requires a sworn certification that no systems come from manufacturers on the governor’s prohibited technologies list or from an entity owned, controlled or influenced by a foreign adversary as defined by the Lone Star Infrastructure Protection Act. No construction can commence until the audit has been submitted and the county determines the developer to be in compliance.
The moratorium also directs the county fire marshal and county engineer to perform a study to determine the best locations within Austin County for designating an energy development zone, considering factors such as proximity to other sensitive land uses like homes or schools, road access, water supply, and environmental impact.
Further, the county’s legal counsel is able to seek injunctive relief against any party that builds or intends to build a BESS or data center in violation of the moratorium, and it can also report violations or suspected violations to applicable state or federal authorities.
Austin County is the second county in Texas to adopt a moratorium of this nature. In May, Hill County instituted a moratorium but ended it after a lawsuit from a data center developer, instead opting for a checklist for developers to adhere to. The City of San Marcos moved in June to ban data centers.