Data center ban fails

This Tuesday, the Nye County Commission addressed a bill to ban data centers in areas without an elected town board but the ban ultimately failed to come to a vote and the board has instead called for a future agenda item to discuss a possible special election, so the matter can be decided by a vote of the people.

Nye County Bill No. 2026-11 was put forward by commissioner Ian Bayne in response to the recent upswell in concern from residents about potential data center development in the Pahrump Valley. In a repeat of what occurred at the county’s July 25 Data Center Forum, the August 4 meeting saw such a large crowd that the commissioners’ chambers once again exceeded capacity and many were forced to wait outside.

The topic was of such intense interest that it consumed the entirety of the meeting, with public comment alone taking more than four hours and covering a wide array of viewpoints - from those wholly opposed to any data centers in general to those who would prefer strict regulations over a ban to those who simply feel Pahrump is not the right location for these developments. It was a lengthy display of public angst but it wasn’t all negativity, with a small number of community members speaking in favor of data centers and lauding the benefits they could bring. Officials from the elected Round Mountain and Tonopah town boards even expressed their interest in seeing if data centers would be a good fit for their communities, while others suggested utilizing Yucca Mountain, as the site is no longer under consideration for nuclear waste storage.

However, it was up to the commissioners to determine whether a ban on data centers would be appropriate locally. Bayne argued that a ban was necessary because the moratorium the county placed on new data center applications has not stopped developers from continuing with proposals that were already in the works prior to that moratorium.

“Data center planning is moving forward very aggressively,” Bayne stated. “The temporary ban [moratorium] has no end date, so it isn’t temporary, and it’s not much of a ban because there is active and aggressive data center planning going on all over town… A ban is the only way to stop data center activity in Pahrump until the new board is sworn in, in January, and they are welcome to reverse it, if they want.”

Bayne added that over 3,400 people have signed a petition to ban data centers, which he pointed out is nearly as many as all of the votes cast for any single commissioner sitting on the board that afternoon.

Commissioner Bruce Jabbour, however, hesitated in supporting the ban, remarking that he felt it would be best to take the issue directly to the voters.

“I am going to ask that we consider placing this on the ballot, to be a vote by the people, for the people, and not a decision by us,” Jabbour said, which was greeted by applause from the packed audience.

Nye County Manager Brett Waggoner jumped into the discussion to note the county has been working on codes to regulate data center development, as instructed when the moratorium was originally approved.

“We do have an ordinance that is in DA [District Attorney] review right now, that does have a lot of the concerns that have been brought up today and in other public comment, and ways to address them,” Waggoner told the board. “The plan was to have that on the next agenda, to set a public hearing for September. I just wanted to make you guys aware, we are that close on it.”

Bayne replied that he was not interested in anything but a ban, reiterating that he wants to halt all existing proposals immediately. He also said that he would be willing to limit the ban to Pahrump’s Basin No. 162 but Jabbour did not budge on his stance.

“This is a very sophisticated issue that’s before us,” Jabbour asserted. “I am going to make the motion to continue, to make this a ballot question, on the next agenda.”

Bayne questioned how much a special election for the issue would cost the county. Nye County Clerk Cori Friedhof said that number could be provided at the commission’s next meeting. She also explained that the earliest a special election could be arranged would be January 2027, after the general election and the change of leadership in the clerk’s office.

Bayne asked if Jabbour would be amenable to a ban that would sunset on the day of the special election but again, Jabbour did not alter course. He then made a motion to have an item on the August 18 meeting agenda to consider a ballot question on a data center ban, as well as potential funding source.

Commissioner Debra Strickland offered a second but before the motion could come to a vote, Bayne interjected in an attempt to amend the motion. However, Nye County District Attorney Brian Kunzi said Jabbour and Strickland did not have to allow an amendment and the vote resulted in a 5-0 vote in favor.

Bayne then asked whether he could make an additional motion on the item and Kunzi said that was allowable. Bayne motioned to approve a ban on data centers, limited to the Pahrump Valley and to expire on the day a special election on the matter is held. No second was offered and the motion died.

The board then adjourned for the evening, to resume the following morning to finish the remainder of the agenda.

Contact reporter Robin Hebrock at rhebrock@pvtimes.com