The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Bernalillo County
Neutral Data Center Policies
New Mexico has an enacted order creating a council to study how to protect ratepayers from electricity costs associated with large users, including data centers. It imposes no new data-center requirements; the council is due to recommend possible changes by November 1, 2026.
Rating and summary from New Mexico statewide as there are no scored current or future laws outside temporary restrictions for Bernalillo County.
current law · County measureBernalillo County adopted its Data Center Project Guardrails resolution on February 10, 2026; the county identifies the measure as AR 2026-22.Bernalillo County Commission Resolution: Holding Data Center Projects Accountable in Our Community
People behind it
- Eric Olivas
Bernalillo County commissioner and sponsor of the Data Center Project Guardrails resolution.
Restrictions & requirementsHide restrictions & requirements5
For incentive-seeking projects, the county reports a labor agreement for construction workforce hiring and apprenticeship program, prioritizing in-state workforce hiring.
The county reports that all permanent positions must meet or exceed 120% of area median salary.
The announcement states that electricity must be supplied by private renewal microgrid or by connection to public grid regulated by the Energy Transition Act. This is the announcement's wording, not a verified quotation of the executed resolution.
The county reports that water needs must be fully offset and will include a water reclamation and water reuse plan.
The county describes requiring a minimum tax due to the county also known as Payment in Lieu of Taxes (PILOT). The reviewed announcement does not quantify that minimum.
Sources
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