Tom Green County Tables Data Center, Green Energy Moratorium

SAN ANGELO, TX — Tom Green County commissioners tabled a proposed 12-month moratorium on new data center and green energy projects in Precinct 4 after scheduling time at their next meeting for the lead developer to answer questions from the court and the public.

The motion called for a temporary suspension of large-scale industrial construction related to battery storage systems, data processing facilities, large-scale generation facilities and related support infrastructure in the unincorporated areas of Precinct 4. Those areas southwest of San Angelo include the communities of Dove Creek, Christoval and Knickerbocker. 

The commissioners convened Tuesday morning, May 26, in the Edd B. & Frances Frink Keyes Building for their regular meeting. Discussion on the moratorium began with a reading of the proposal.

“The purpose of this document is laid out pretty plain: It’s temporary, it’s only to evaluate the needs and the health and safety of our people out in the county to make sure that everything is in compliance, their health and their homes is not going to be harmed adversely,” Precinct 4 commissioner Shawn Nanny said. 

County officials acknowledged during the meeting that, under Texas law, the commissioners' court could not legally impose such a moratorium. Nanny emphasized the pressing need for information from developers and the lack of authority the court has in the matter.

“We’ve been stripped of our authority, and when you ask the local leaders, they say, ‘We like to leave that to the local elected officials, we like to give them local officials the power,’” Nanny said. “I think what they mean is, they want to give us the blame, because we get stuck in the middle. We know what you want; we have no authority to do anything about it.”

County Judge Lane Carter also spoke on the county’s authority, noting that Beacon Data Centers had yet to contact his office or come before commissioners court to outline its intentions, even though company representatives were present.

“These are strange times, like Shawn said,” Carter said. “We’re hearing, ‘We want help. We need the county to step in and do something.’ And up until this point, we’ve heard nothing but property rights, private property rights, less government, less restrictions, less regulations, to the point that we’ve governed ourselves through the state statutes out of being able to do a thing for our constituents.”

The court considered potential alternatives, including the implementation and enforcement of water conservation measures. Commissioners also called on state leaders to pursue action to protect rural communities as data center and green energy project development continues across Texas and encouraged citizens to contact their state representatives. 

Several attendees gave public comment following the discussion. Some expressed support for further project development in Precinct 4, while others urged the commissioners to take action to slow data center development. Others voiced support for adopting the moratorium.

Ultimately, the commissioners tabled the moratorium. However, they passed a new item setting aside time during the next commissioners court meeting for Beacon Data Centers to answer questions from the court and the community submitted to Carter. It is up to the company whether to attend. 

Further discussion of the moratorium and its possible adoption was rescheduled to the next meeting pending the scheduled time for questions and statements from Beacon Data Centers. 

Nanny had cited Texas Health and Safety Code Section 121.003 previously, which authorizes commissioners courts to enforce laws “reasonably necessary to protect the public health.” The moratorium was intended to give county officials time to evaluate impacts on infrastructure and public safety systems and to develop standards for roadway protection, emergency response coordination and public infrastructure protection. 

The proposal would have allowed the moratorium to end early if the court received “favorable impact studies and final standards from relevant state agencies or certified professionals” or adopted applicable infrastructure protection and public safety standards. Developers could also seek waivers by proving a project would not materially impair county infrastructure, emergency response capability or public safety.