With Project Jupiter, a controversial campus of data centers slated for Doña Ana County, in the works, the Bernalillo County Commission took a first step Tuesday toward imposing some of the state’s strictest regulations on data center development, introducing a resolution that would tie taxpayer-funded incentives to aggressive hiring, wage and environmental standards.
Sponsored by Commissioner Eric Olivas, the measure addresses the expansion of AI infrastructure and the massive resource demands these facilities place on the community. The commission voted to approve the resolution for introduction.
The proposal establishes a “net public benefit” framework, ensuring that any project receiving county incentives must demonstrate a clear benefit to residents. Under the guidelines, developers would be required to guarantee that 90% of the construction workforce and 95% of permanent staff are hired from within New Mexico.
The resolution mandates that permanent positions pay at least $75,000 annually, or 160% of the area’s median salary — whichever is higher.
“The bottom line is that I believe that if we are to offer Bernalillo County taxpayer-funded development incentives to data centers, those facilities must have a substantial net benefit to our community,” Olivas said in a statement.
To qualify for incentives, a data center must be powered by 100% renewable energy from the start of operations. To protect residents from rising utility costs, the resolution requires facilities to operate on private microgrids or through individualized utility contracts.
Water usage must be fully offset through conservation projects, such as fixing leaks in existing systems or improving agricultural efficiency within the impacted watershed.
“Managing the use of AI will be one of the greatest challenges of our time,” Olivas said, adding that while the technology offers medical and scientific promise, it also poses significant risks to resources and public health.
During the meeting, several public commenters expressed concerns about the environmental impact of data centers. Olivas clarified to the commenters that the resolution adds regulations for potential data centers, noting that there are currently no regulations at all.
“This is not to try and bring more data centers to our community,” Olivas said. “It’s to try and regulate them.”
While the resolution was introduced Tuesday, the commission is not expected to take final action on the measure until at least Jan. 28. If passed, the criteria would apply to all future data center projects seeking county support, though facilities dedicated entirely to research or education would be exempt.