Austin County residents filled the Austin County Expo Center Monday evening to voice their opinions during a public hearing on a proposed temporary moratorium on new Battery Energy Storage Systems (BESS) and data center developments in the county.

The hearing, held at 6 p.m., was conducted solely to receive public input. No action was taken Monday night, and county officials emphasized throughout the meeting that the Commissioners Court was there to listen rather than debate or answer questions.

County Judge Tim Lapham told those in attendance that the proposed moratorium is intended to temporarily pause construction of new battery storage facilities and data centers while the county evaluates its limited legal authority and develops regulations addressing public safety and other concerns. He noted that any action on the proposed moratorium is expected during an upcoming Commissioners Court meeting.

Nearly all speakers expressed support for the proposed moratorium, although many focused their comments on data centers rather than battery storage systems.

Several residents voiced concerns over the potential impact large data centers could have on local groundwater supplies. Speakers questioned future water demand, particularly in rural areas that rely heavily on private wells, and urged county officials to protect local water resources before additional industrial development occurs. Others expressed concern about wastewater disposal, electrical demand, and the long-term availability of water for agriculture and future generations.

Noise and light pollution were also recurring themes throughout the hearing.

Residents living near the existing Battery Energy Storage System on Substation Road described hearing a continuous low-frequency hum and expressed concern that additional facilities could permanently alter the county’s rural character. Others worried that large-scale lighting associated with industrial facilities would diminish the area’s dark skies and affect nearby neighborhoods.

 

 

Several speakers questioned what economic benefits data centers would bring to Austin County. While acknowledging that such facilities represent significant private investment, residents argued they create relatively few permanent jobs compared to the amount of land, electricity, and water they require. Some also questioned whether tax abatements for future projects would outweigh any potential benefit to local taxpayers.

Multiple residents also criticized what they described as a lack of transparency surrounding recent development activity, saying many property owners first learned of the projects only after construction had already begun. Speakers called for greater public notification and easier public access to information regarding future industrial developments.

Not every speaker opposed battery storage systems.

Representatives from organizations supporting Battery Energy Storage Systems argued that BESS facilities and data centers should be viewed separately because they serve different purposes. They said battery storage systems help stabilize the electric grid by storing electricity during periods of low demand and returning it during periods of peak demand.

Supporters also stated that modern battery facilities are subject to state safety standards, include fire suppression systems, undergo continuous monitoring, and have not experienced a battery storage fire in Texas. They argued that BESS projects improve grid reliability, reduce electricity costs, generate tax revenue, and provide additional income opportunities for landowners.

Others attending the hearing urged county officials to focus on establishing local regulations governing setbacks, lighting, noise, water usage, fire protection, and environmental safeguards if outright prohibition proves legally impossible.

During the hearing, Lapham outlined portions of the proposed moratorium, explaining that it would authorize the county to pursue enforcement through available fire code authority, seek court injunctions against violations, and refer potential violations to appropriate state agencies when necessary. He also acknowledged that Texas counties possess limited authority in regulating these types of developments.

Lapham told attendees the county has already spent approximately $30,000 in legal expenses related to the issue during the month of June alone. He said the county expects the proposed moratorium to face legal challenges if adopted and noted that outside legal counsel had been retained to help draft the ordinance because of the complex legal issues involved.

The hearing concluded after approximately two hours of public testimony.

County officials said written comments submitted by residents would also become part of the public record. The Austin County Commissioners Court is expected to consider formal action on the proposed moratorium during a future meeting.

 

 

The entire hearing can be viewed below:

 

 

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