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The Data Center Divide

Hill County

Anti-Data Center Policies

Hill County’s enacted policy requires data center applicants seeking county agreements or other discretionary county action to provide relevant studies and pay for independent review, adding costs and possible delays; recommendations are advisory.

current law · County measure
Identifies the “Hill County Proclamation on Large-Scale Industrial Construction” as included in the June 4, 2026 Commissioners Court agenda and referenced in the June 4, 2026 Commissioners Court minutes.Hill County Proclamation on Large-Scale Industrial Construction
current law · County measure
Establishes a county review process for large-scale industrial developments that may affect infrastructure, transportation, water resources, drainage, emergency services, public safety, public health, or nearby property owners, particularly projects such as data centers, battery-storage systems, and large renewable-energy facilities.Hill County Major Industrial Development Review Policy and Development Checklist

What this means

The policy would add meaningful costs and possible delays for data center projects seeking county agreements or other discretionary county action: applicants must provide applicable studies and fund an independent review. Its impact is limited because it applies only in those cases, and the review’s recommendations are advisory (the policy’s scope; review findings are advisory).

People behind it

  • Amended the Hill County Major Industrial Development Review Policy and adopted the associated checklist.

  • Authorized to administer the policy, establish application procedures, coordinate reviews, engage qualified consultants, and recommend checklist modifications.

Restrictions & requirementsHide restrictions & requirements19
  • The policy applies to data centers seeking a discretionary county agreement or other discretionary county action, such as a development agreement, road-use agreement, tax-abatement agreement, or infrastructure agreement; those requests must undergo the prescribed review process. discretionary action within the county's lawful powers

  • Before requesting county approval, an applicant must submit a complete development-review package, and formal review cannot begin until Development Services determines that all required materials have been provided. No formal review shall commence

  • The County may require an independent technical review by engineers, hydrogeologists, transportation specialists, environmental consultants, acoustical consultants, emergency-management professionals, financial analysts, or other experts. retain one or more qualified professional firms

  • Applicants must fund the County's anticipated review expenses through an escrow deposit established according to the project's size, complexity, and anticipated impacts, must replenish the escrow when requested, and may face suspension of review until sufficient funds are available. Review activities may be suspended

  • New projects must post an outdoor notice sign at the proposed location for 60 days and publish project notice in a local newspaper for two consecutive business days, including the exact project name and location address. 60-Day sign outdoors

  • Applicants must provide extensive road and transportation documentation, including a traffic-impact analysis, heavy-haul route study, construction-traffic plan, bridge-capacity analysis, pavement-degradation study, road-maintenance agreement, access permit, oversize or overweight route plan, and emergency-access analysis. Road and Transportation Review

  • The County may require developer-funded transportation mitigation, including road improvements, turn lanes, signalization, road widening, and dust-control measures. developer-funded road improvements

  • Applicants must submit water-supply and hydrogeologic documentation covering projected demand, cooling technology, recycling, backup and drought plans, aquifer impacts, groundwater availability, drawdown, neighboring-well interference, sustainability, and recharge impacts. Water Source

  • Applicants must provide wastewater, stormwater, drainage, floodplain, and applicable state-permit documentation, including hydrologic and hydraulic studies, detention or retention design, a 100-year flood analysis, downstream-impact analysis, SWP3 and construction-permit compliance, and floodplain certifications or permits where applicable. Stormwater and Drainage Requirements

  • Applicants must document electrical and power impacts, including ERCOT interconnection status, transmission availability, projected demand, peak load, backup generation, blackstart or islanding capability, and reliability. ERCOT and Grid Analysis

  • Where on-site generation is proposed, applicants must provide air-emissions, fuel-storage, stack, generator-operating-hours, noise, and air-permit-applicability analyses. On-Site Generation

  • Applicants must provide air-permitting documentation and emissions modeling, including anticipated nitrogen oxides, volatile organic compounds, particulate matter, greenhouse gases, and other regulated pollutants. Air Permitting

  • Applicants must provide noise studies covering baseline, daytime and nighttime levels, property-line modeling, low-frequency noise, generator testing, transformers, and cooling fans, together with a mitigation plan that may include acoustic walls, berms, and vegetative screening. Noise Analysis

  • Applicants must provide lighting, glare, night-sky, FAA, photometric, fixture, and operational-lighting analyses and identify controls for downward-directed lighting, property-line illumination, and security lighting. Lighting Analysis

  • Applicants must provide applicable environmental and ecological documentation, including federal environmental review, endangered-species and migratory-bird studies, habitat and wetlands analyses, stream-impact studies, and applicable Clean Water Act permits or certifications. Federal Environmental Review

  • Applicants must provide hazardous-materials and fire-protection documentation, including battery-energy-storage and lithium-ion hazard assessments where applicable, chemical inventories, spill prevention, fire-suppression design, and hazardous-materials response plans, plus coordination with specified local emergency officials. Hazardous Materials Review

  • Applicants must submit emergency-planning materials covering emergency operations, cybersecurity response coordination, mutual aid, evacuation routes, hazard mitigation, disaster recovery, and severe-weather continuity. Emergency Planning

  • Applicants must provide economic and fiscal documentation, including tax-impact analysis, PILOT disclosures, abatement requests, and construction and permanent employment estimates. Economic Impact Documentation

  • The County may request additional information, require further review, negotiate development-related agreements, or take other lawful action, and the policy creates no obligation for the County to approve the project, agreement, permit, incentive, or request. Nothing in this policy shall be construed

Benefits & exceptionsHide benefits & exceptions5
  • The policy applies only when a developer seeks a discretionary county agreement or other discretionary action; projects not seeking such county action are generally outside the policy, except for existing statutory duties involving septic systems, floodplains, roads, or drainage infrastructure. applies only if a developer applies to the County for an agreement

  • Checklist requirements are limited to items applicable to the proposed development and reasonably related to the county's evaluation of the requested agreement or discretionary action, which can reduce unnecessary submission requirements. required only if and to the extent that the item is applicable

  • Independent technical reviewers' findings and recommendations are advisory rather than binding on the Commissioners Court, so the review itself cannot impose mandatory project changes. advisory in nature and shall not be binding upon the Commissioners Court

  • Applicants may seek county development agreements, road-use or infrastructure agreements, tax-abatement agreements, and other discretionary county actions for a specific large-scale industrial development. These are subject to county approval and the policy creates no obligation for the county to approve them. development agreement, road use agreement, tax abatement agreement, infrastructure agreement

  • Any unused funds deposited for the county's independent review must be returned to the applicant after the review is complete. Any unused escrow funds remaining after completion of the review process shall be returned to the applicant

Sources

Specific to Hill County only.

repealed · County measure
Imposes a one-year moratorium on data-center construction in Hill County, approved by a 3–2 vote on May 12, 2026, to address the issue and assess the facilities’ far-reaching effects on the local community (meeting minutes).Hill County Green Energy and Data Center Moratorium (Order 2026-5154)

What this means

The measure would pause data center construction in Hill County for one year, creating a major delay for new projects and construction-based expansions (one-year moratorium on data center construction). It does not say that existing data centers must stop operating.

Timing

Ends
one year after adoption on 2026-05-12

The measure imposes a one-year moratorium on data center construction in Hill County.

People behind it

  • Introduced the motion to approve a one-year moratorium on data center construction in Hill County.

  • Seconded the motion to approve the one-year moratorium.

  • Approved the one-year moratorium on data center construction in Hill County.

Restrictions & requirementsHide restrictions & requirements1
  • One-year moratorium on data center construction in Hill County, intended to give the county time to address the issue and assess the facilities’ impacts on the local community.

Benefits & exceptionsHide benefits & exceptions1
  • A tax abatement agreement exists between Hill County and BPL Files, LLC, dated August 27, 2019. The court tabled the 2026 compliance letter concerning that agreement rather than taking action on it.

Sources

Specific to Hill County only.

failed · Unincorporated areas
Identifies a Moratorium Waiver Agreement involving Abbott Land Holdings, LLC for the C.R.Hill County Moratorium Waiver Agreement — C.R. 3106 Data Center Project

What this means

If enacted, the one-year moratorium would block data center construction in Hill County during that period, making new projects and expansions substantially harder. The sources mention a waiver process, but do not show enough detail to know how much it would soften the restriction. one-year moratorium on data center construction

Timing

Ends
one year after adoption

The May 12, 2026 minutes describe the measure as a one-year moratorium on data center construction in Hill County. The sources do not state an explicit calendar expiration date or any extension condition.

People behind it

  • Introduced the motion to approve the one-year moratorium on data center construction in Hill County.

  • Seconded the motion to approve the one-year moratorium.

  • Adopted the one-year moratorium on data center construction in Hill County.

Restrictions & requirementsHide restrictions & requirements3
  • Imposes a one-year moratorium on data-center construction in Hill County, including construction activities for certain large-scale industrial energy-storage, power-generation, and data-processing projects in unincorporated areas.

  • Bars the commencement of construction for data-center-related projects during the moratorium period.

  • Creates a waiver process under which a project must obtain discretionary county approval and demonstrate compliance with applicable state and federal laws, procedures, and mitigation requirements before proceeding.

Benefits & exceptionsHide benefits & exceptions2
  • Section 4 provides a waiver process through which a data-center project may seek relief from the moratorium, although the complaint alleges that the process lacks clear submission requirements, deadlines, and approval standards.

  • The moratorium is limited to one year, so its construction restrictions are temporary rather than permanent.

Sources

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