Process starts for moratorium on new data centers in Lubbock – what it would do, who supports it, what critics say

An 18-month moratorium on new data centers in Lubbock could go to a November or May vote if organizers get 2,410 signatures of registered voters by August 3.

Stephen Sanders, who has run for mayor multiple times, started the process and the City Secretary’s office approved the “initiating statement” last week, starting the clock toward an August 3 deadline.

If successful, the City Council would either need to accept Sanders’ resolution or put it up for a vote of Lubbock citizens. Click here to read it and read further for highlights.

Mayor Mark McBrayer and John Osborne, CEO of the Lubbock Economic Development Alliance, (LEDA) both told LubbockLights.com they think the petition could do the opposite of what organizers want. They said it might encourage data center developers to build in Lubbock County – outside the reach of municipal oversight.

Sanders disagrees.

“We don’t want data centers here. I’ve been very clear about that,” he said.

“We had one sneak in … under our noses. … We don’t want the companies around thinking that, ‘Oh, since this little one got in, maybe we can sneak in,’” Sanders said of a small data center that opened in late May in Central Lubbock.

McBrayer said it’s better to look at proposed data center projects one by one instead of a blanket moratorium.

“I think the general public’s approach – and mine as well – is very cautious about them,” McBrayer said.

“I know there’s a sizable percentage of people … who don’t want them under any circumstances. … There’re probably some others who think it’s a great idea and it’s going to happen nonetheless,” McBrayer said.

Pausing new projects, not a ban

The proposed resolution does not outlaw or stop data centers directly but instead calls for an 18-month moratorium on permits, zoning changes and infrastructure agreements for data center or server farm projects.

It also mandates:

• Engineering and traffic impact evaluations
• An emergency response capability evaluation, which includes fire suppression and hazardous materials response
• Standardized roadway and infrastructure requirements
• Drainage and floodplain evaluations associated with industrial-scale development
• Coordination with state agencies for critical infrastructure protection including cybersecurity
• A public safety evaluation of battery storage systems
• Uniform infrastructure protection standards related to data centers

Additionally, the city would prepare a comprehensive report on noise from data centers along with electricity and water use.

The proposed resolution also said, “The City Council shall hold a public hearing within 90 days of the adoption of this resolution to discuss the findings of the independent studies and gather input from the community regarding high-water-use and high-energy-use data centers.”

The moratorium can be lifted early if the city completes a water and power sustainability study and approves “permanent regulations” to protect power and water supplies. And the city can grant a waiver for a data center that does not have a big impact on infrastructure, emergency response or public safety.

Key terms not defined

The proposed resolution does not define terms like data center, high-water-use and high-energy-use.

The man who organized a 2024 signature petition in Lubbock on decriminalizing small amounts of marijuana, Adam Hernandez, thinks the legal language – if needed – can be patched up.

“The city attorney would likely redraft it into something that is something that’s workable,” Hernandez said.

The City Charter allows the Council to amend the proposed resolution. If the petition organizers reject the changes, there’s a way to still go forward for an election.

The deadline for the city to order a special election measure for November 3 is August 17, according to the Texas Secretary of State website. That’s exactly 14 days after the signature deadline and the Council only meets in regular session twice per month.

Previous coverage:

• Water, power, accountability, staying ahead of China and other nations: Lubbock forum does deep dive on data centers
• Texas Tech, Fermi team up on Project Matador to power artificial intelligence near Pantex plant in Panhandle

Are they better in the city?

Osborne has been working to bring proposed data centers specifically inside city limits – instead of in the county.

“The challenge I have with an all-out moratorium is that most data center projects actually don’t want to go inside the city limits,” Osborne said.

“They don’t want to have to pay property taxes. And they also don’t want to have to abide by the requirements that municipalities place on developments – everything from setbacks to noise,” Osborne said.

It’s “more responsible,” in his opinion to get data centers inside the city limits where local officials can put local regulations in place.

McBrayer said, “You can just build in the county if you want to. We can’t do a thing about it.”

A data center in the county can pump water out of the underground aquifer, McBrayer said without needing the city’s permission.

“We have no say in it whatsoever,” McBrayer said.

Osborne said, “Locating in the county and using the aquifer is exactly what people are afraid is gonna happen if they come to the city of Lubbock.”

Hernandez – also communications director for a Compact Lubbock – responded to Osborne.

“His argument is that having a data center inside the city limits allows it to be more regulated, which is absolutely true,” Hernandez said.

But it’s only true if the city actually takes a stand and enforces local regulations. He’s not confident the City Council will do that.

“If we’re not careful and we don’t put in the safeguards in that process, then we’re essentially giving away the farm for nothing,” Hernandez said.

Good, bad or it depends

LubbockLights.com asked Osborne if the petition organizers have legitimate concerns.

“I believe yes, there are legitimate concerns that citizens are having. And I also believe that the best way to handle those concerns is specific to each project,” Osborne said.

“We already have data centers in our community. … They’ve been operating for decades,” he added.

He mentioned data centers at Reese Redevelopment Center, LEDA’s business park, local hospitals, local school administration buildings and more.

“They’ve been paying their property taxes and they’re good corporate citizens. And so again, not all data centers are the same. … There are some that are users of a minor amount of power and water and others that are more significant users,” Osborne said.

Hernandez agreed.

“Mostly the hyperscale are the ones that are most problematic,” Hernandez said.

According to a page on ibm.com, “‘Hyperscale’ is a distributed computing environment and architecture that is designed … to accommodate workloads of massive scale.”

“You see these smaller – what are called – edge data centers. … The smaller ones are not as problematic because they don’t have the same power and water needs. They don’t produce the same sorts of pollution, noise pollution, smog, et cetera. And so those are a bit of a different case,” Hernandez said.

Sanders admitted hyperscale is a different issue from small data centers, but he still felt like the stakes are too high for data centers in general.

He said they use a lot of electricity – putting a strain on the local power grid – and water for cooling (which is true for some types of data centers).

“The communities that I’ve seen around the country who have one in their backyards are in bad shape,” Sanders said.

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