BENTONVILLE -- The Benton County Quorum Court approved an ordinance Thursday that regulates data centers if placed in an unincorporated area of the county.
The ordinance was one of the items on the agenda for Thursday's Quorum Court meeting.
The justices of the peace voted to 11-3 to approve the ordinance concerning data centers, including digital cryptocurrency mining operations. The measure needed 10 votes to be approved, and it immediately went into effect after County Judge Barry Moehring signed it.
Justice of the Peace Joseph Bollinger said he voted against the ordinance because of the punishment staff or employees at the data center might face because of any possible violations.
Justices of the Peace Brian Armas and Dustin Todd also voted against the measure.
Moehring informed Quorum Court members at a June 29 meeting about the ordinance. He said data centers can be noisy and use a lot of electricity.
The ordinance is in response to Act 851, the Arkansas Data Centers of 2023 which the Arkansas Legislature passed last spring. The law, which takes effect Aug. 1, specifically restricts local governments' capacity to regulate or "discriminate against" data mining centers.
Justice of the Peace Joel Jones told Quorum Court members they were taking a risk if the ordinance did not pass because Act 851 could prevent them from taking any action in the future. He urged the justices of the peace to pass the ordinance as an emergency and then send it for review by the planning subcommittee.
The Benton County ordinance is based on a draft provided by the Association of Arkansas Counties. Moehring said 35 of the state's 75 counties have passed an ordinance and one county rejected an ordinance.
Moehring said it's unlikely Benton County will get a data center but recommended approving the measure and sending any possible amendments to the subcommittee.
Justice of the Peace Susan Anglin said she supported passing the measure as an emergency in order to protect residents in case someone attempts to place a data center in a location of an unincorporated area of the county.
According to the ordinance, Benton County would require noise reduction if the noise level was 65 decibels or higher between 8 a.m. and 10 p.m. or 55 decibels or higher between 10 p.m. and 8 a.m. This would be determined by a third-party acoustic engineer and measured at the property line of the receiving property. Sixty decibels is about the level of an ordinary conversation.