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A Brownsville moratorium on data centers went into effect Thursday, pausing permitting for “high-intensity data processing facilities” within the city or its extraterritorial jurisdiction for the next 90 days.
The city commissioners voted unanimously Wednesday to pass the moratorium, which is eligible under state law for one 90-day extension, while the Environmental and Conservation Task Force researches data centers’ potential impact on health, the environment and business in Brownsville.
Mayor John Cowen Jr. said commissioners plan to extend the moratorium to the full 180 days possible. He said the city will benefit from learning how other cities have regulated data centers.
“It’s an evolving industry, but I think at the very least we want to make sure that our resources are protected,” Cowen said, including water, electricity and data centers’ impact on pollution. “I think the commission is definitely going to entertain any recommendation or range of recommendations that the task force is going to provide, which includes outright banning data centers. That’s definitely on the table, as well.”
During Wednesday’s commission meeting, District 4 Commissioner Pedro Cardenas asked when the city can begin the process of extending the moratorium. City Attorney Will Treviño said it will start at the end of December or in early January. Data centers will not be able to apply for permits during the moratorium, Treviño said, and no applications were pending.
District 3 Commissioner Gustavo De León asked if commissioners could outright ban data centers in the city, and Treviño said they could if that was what the environmental task force recommended and what commissioners wanted. Discussion of a ban would begin before the moratorium is over.
“There might be some changes at the state-level that affect how we are able to govern ourselves with zoning power,” Treviño said, “but seeing as there is a regime change, that might not occur.”
If the task force recommends a complete ban on data centers like in San Marcos, Treviño said, the city could accept that recommendation provided no superseding state law is passed before then.
District 2 Commissioner Linda Macias asked if there was anything the city could do with the upcoming Texas legislative session.
“It would be good to engage with the newly elected officials and really request empowering the cities and counties to be able to self-govern,” Treviño said, “because our powers have been stripped over the last 10, 12, 15 years.”
The environmental task force could also recommend legislative advocacy, or the city commission could make that issue part of its legislative priorities.
The months-long process of establishing the moratorium began in July when they set public hearings on the issue after a company applied for and then withdrew its permit application to establish a data center in a former Walmart and the former Southwest Key facility on Padre Island Highway.
Civic groups including the South Texas Environmental Justice Network and local Democratic Socialists of America (DSA) have been rallying residents to express support for the moratorium during public comment periods at city meetings.
John Cuvillier, co-chair of the DSA’s Fuera Data Centers campaign, said that Brownsville residents fear the effects data centers will have on electricity costs, water supply and pollution.
He said the moratorium was a victory for residents who spoke in support of it, and Democrats’ historic sweep of state-wide elected offices in Texas on Tuesday left him feeling hopeful for the larger push against data centers.
“But I’m not one to close my eyes and cross my fingers,” Cuvillier said. “We still have to organize and show up and hold their feet to the fire, and hold them accountable to the things they said they were going to do on the campaign trail.”
