Pulaski County AR data center regulations ordinance 26-I-56B (vetoed Sept 2026)

Pulaski County, Ark., Ordinance No. 26-I-56B (number per KATV). Passed by the 15-member Quorum Court 11-4 on Tuesday, Sept. 22, 2026 (yes: Blackwood, Capps, Davis, Massey, McCoy, Lewison, Person, Keith, Ward, Young-Baker, Medlock; no: Curry, Robinson, Elliott and one other per the 11-4 count). Carried an emergency clause making it effective immediately unless vetoed within seven days (Arkansas Times, Sept. 22). Content as reported: new permitting process for 'high-intensity digital infrastructure'; permits, noise abatement, fire/safety, water consumption, environmental impact, setbacks; submissions of electrical load analyses, water/wastewater plans, land-use suitability studies, decommissioning plan; must not 'materially impair' utilities/infrastructure serving surrounding properties; no cap on water or power use (Arkansas Advocate). Applies to projects lacking all 'final county approvals' before the effective date, with the planning director deciding exemption (Democrat-Gazette). AVAIO Digital's Wrightsville project not grandfathered (Blackwood). VETO: Friday Sept. 25, 2026, by letter to County Clerk Terri Hollingsworth; reasons per KATV: state-law and property-rights questions, appeal provisions needing compliance with Arkansas law, regulatory system (25-OR-19) the county cannot yet administer, financial consequences, litigation risk ('official immunity should not be misunderstood'). OVERRIDE: three-fifths (9 of 15) and, under the county code, must occur at the next regular Quorum Court meeting after written notice of the veto; failure means the veto stands (Democrat-Gazette). NOT ESTABLISHED: override meeting date/outcome; specific setback distances or noise limits; penalties. Distinct from the failed May 2026 moratorium (Proposed 12-Month Data Center Moratorium (failed to pass)).