Bernalillo County adopts resolution tying public incentives for data centers to strict water, energy and labor terms

Bernalillo County Board of Commissioners · February 11, 2026

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Summary

The Bernalillo County Commission on Feb. 11 adopted a resolution conditioning county incentives for data center projects on full water offsets, high renewable energy standards and labor protections after a contentious public comment period and a 4–1 vote.

The Bernalillo County Board of Commissioners voted Feb. 11 to adopt a resolution that conditions county incentives for data center projects on strict environmental and labor commitments.

The resolution, moved by Commissioner Eric Olivas and passed as amended, requires projects seeking county incentives to fully offset all water use, adopt robust renewable-energy plans, and include labor protections such as local hiring preferences and registered apprenticeship pathways. Olivas said the policy is aimed at ensuring public money secures public benefit: “When private enterprises want to eat at the public trough, they have a special responsibility to the public,” he said.

The item drew extensive public comment both for and against. Tom Jenkins, chair of the Greater Albuquerque Chamber of Commerce Economic Development Group, urged caution, saying the resolution could create uncertainty that deters investment and harm the region’s competitiveness. “When the rules look overly restrictive, many companies will simply eliminate Bernalillo County early in the site selection process,” Jenkins said. By contrast, speakers from environmental and community groups — including Dr. Sofia Martinez of the Los Jardines Institute and Richard Barish of the Sierra Club Rio Grande Chapter — emphasized water, energy and wage concerns and urged tighter local standards.

Supporters pointed to existing large projects, including a data center in Las Cruces, as showing the standards are feasible. Commissioner Olivas cited that project as an example of meeting high water-offset and renewable-energy standards.

Legal staff advised the commission to adopt option B of the draft (the amended version on the agenda); the board approved the amendments and then the final resolution. The roll call on final adoption was 4–1, with Commissioner Benson recorded as the lone no vote.

Commissioners and administration staff said the resolution applies only to projects seeking public incentives; developers can still build without county incentives. The county manager and economic development staff said implementation details will be incorporated into administrative policy and negotiated in individual incentive agreements.

The board’s action follows several meetings of debate and extensive public comment; the resolution will return in implementation form and may be referenced in future negotiations and legislative priorities at the state level.