Efforts to impose new regulations on data centers in Pulaski County are entering a new phase after County Judge Barry Hyde vetoed the proposal. Hyde, a Democrat, issued the veto Friday, citing legal and administrative concerns. The measure had previously been approved by the Pulaski County Quorum Court earlier this month.
The ordinance, authored by Wendell Griffen—a former judge and Democratic nominee for county judge—and sponsored by Justice of the Peace Julie Blackwood, outlined several regulatory requirements for data centers. If enacted, it would require developers to submit electrical load analyses, water and wastewater plans, land-use suitability studies, and decommissioning plans. Additionally, projects would need to demonstrate they would not “materially impair” surrounding utilities and infrastructure. However, the ordinance did not cap water or energy usage by data centers.
In a written explanation of his decision, Hyde expressed concern that the proposed rules might expose the county to "unnecessary legal and financial risk.” He stated, “After reviewing the ordinance, the applicable statutes and case law, the attorney general’s guidance, and the resources that would be required to administer it, I do not believe that it can [be lawfully administered].”
Overriding Hyde’s veto will require a three-fifths majority vote from the 15-member quorum court. The original ordinance passed 11-4, suggesting that supporters may already have the votes necessary for an override. Blackwood told the Arkansas Times that she intends to pursue this route.
Griffen also weighed in, endorsing efforts to override the veto. In a public statement, he urged Hyde to propose specific changes to the ordinance if he deemed it flawed, stating, “The question now is not whether Pulaski County should regulate high-intensity digital infrastructure. Judge Hyde’s own veto statement acknowledges that it should.”
Concerns over data centers focus on their high energy and water consumption and what some residents cite as a lack of transparency surrounding their operations. These sentiments have sparked bipartisan resistance in Arkansas and across the U.S. In response to similar concerns, several counties in the state have already imposed moratoriums on new data center developments.
Pulaski County has seen announcements for two major data center projects. AVAIO Digital has plans for a facility in the county, and Google has announced a separate project at the Port of Little Rock.
Supporters of the vetoed regulations argue that stricter oversight is needed to protect residents and infrastructure as data centers proliferate in the region. The quorum court’s override vote will determine the future of these proposed rules.