The verification process is underway for Emporia’s data center petition effort — again — while a related process is now underway in Americus.
On Tuesday, Emporia Neighbors United submitted over 1,800 signatures hoping to either have Emporia city commissioners halt the current data center research effort for another 10 years or to put the issue before voters in November. Signatures have not been validated yet — that step is underway — but the submissions, gathered in 3 days, are well above the 805 needed to prompt a decision by the city if all are validated.
From there, group members presented a potential ordinance for the Americus City Council to consider as the petition effort goes across Lyon County. Here’s Emporia Neighbors United spokesman Jay Vehige:
In Emporia, this was the second try for Emporia Neighbors United at submitting a petition challenging the effort to build a data center campus in west Emporia. The first effort was actually invalidated before the signature verification process could even start because petition circulators didn’t verify they witnessed the petition being signed in accordance with KSA 25-3602. Vehige says there was a paperwork error in attaching circulator forms to the signature petition forms. He also says that issue led to a more structured effort, including one notable change.
The specific language for Emporia is as follows:
*Shall the following ordinance be adopted? “An Ordinance of the City of Emporia, Kansas prohibiting the installation and operation of High Impact Data Centers to protect the health, safety and welfare of the residents of Emporia, Kansas.”
*Shall the following ordinance be adopted? “An Ordinance of the City of Emporia, Kansas prohibiting the installation and operation of Type 2 and Type 3 battery energy storage systems to protect the health, safety and welfare of the residents of Emporia, Kansas.”
The proposed ordinance for Americus is identical to the one for Emporia, and Vehige says Emporia Neighbors United has plans to visit all Lyon County’s smaller towns with ordinance proposals to the same effect, whether it involves current Flint Hills Digital Campus developer Gary Pinkston or others.
City Council members said they would consider the ordinance but did not say when it could return for more discussion. Members declined additional comment afterward.
While the petition and ordinance effort is now fully underway for Emporia and small Lyon County towns, there won’t be a specific ordinance effort for Lyon County because there is no statutory process for authorizing a countywide petition. Lyon County Clerk Amie Jones says Kansas has a set number of petitions that are governed by state law and countywide petitions are not on that list. If a countywide petition is circulated, it is typically called a “political statement for resolution.” Once that’s turned in, county commissioners and the county’s legal team begins considering a potential resolution. In addition, each town would have to pass their own ordinance dealing with data center policy because the county does not govern the small cities; that governance is handled by the city council.
1:30 pm Tuesday: Second Emporia petition submitted; Americus City Council to consider ordinance banning high-impact centers, battery energy system technology
The local policy fight against data centers is now expanding beyond Emporia’s city limits.
After submitting a second petition to either have Emporia city commissioners affirm the document and halt the current data center process for a decade or put the matter to a public vote Nov 3, Emporia Neighbors United, the grassroots organization that’s now using a petition in hopes of stopping Emporia’s proposed data center for a second time, will be in front of the Americus City Council for a presentation Tuesday night. Emporia Neighbors United is seeking approval of an ordinance to ban what it calls high-impact data centers and battery energy storage technology in the city limits.
On Tuesday, Emporia Neighbors United handed off almost 1,850 signatures — all gathered since Saturday — to local government officials for validation. Last week, the group turned in nearly 1,400 signatures. Lyon County Legal Counsel Molly Priest said the petition language was OK, but County Clerk Amie Jones said the petition was invalid — before the signature approval process could even start — because petition circulators didn’t verify they witnessed the petition being signed in accordance with KSA 25-3602, which was first approved by the Kansas Legislature in 1970 and has seen numerous revisions through 2022. The Emporia petition asks for no high-impact data centers or battery energy storage.
Emporia Neighbors United founder Jay Vehige says the group plans to meet with City Council members of Lyon County’s other incorporated communities. That’s an important step because, according to Lyon County Clerk Amie Jones, there is no statutory process for authorizing a countywide petition. Jones says Kansas has a set number of petitions that are governed by state law and countywide petitions are not on that list. If a countywide petition is circulated, it is typically called a “political statement for resolution.” Once that’s turned in, county commissioners and the county’s legal team begins considering a potential resolution. In addition, each town would have to pass their own ordinance dealing with data center policy because the county does not govern the small cities; that governance is handled by the city council.
Jones also says political statement petition signatures are not verified or validated by election offices.
Tuesday night’s meeting in Americus starts at 7 pm at Americus City Hall.
