The local government saga concerning a vast data center northwest of Billings persists.
Yellowstone County commissioners, in a recently signed letter, urged local legislators to review a new law hindering their ability to regulate the 5,000-acre Broadview project by Quantica Infrastructure.
Approved on Tuesday by Commissioners Mark Morse, Mike Waters, and Chris White, the letter was sent to the “Members of the Yellowstone County Legislative Delegation.” It calls for modifications to the 2025 Right to Compute Act.
The act passed the House 61-38 and the Senate 50-0, dictating that government actions limiting the freedom to use software and algorithms must be “narrowly tailored” to safeguard the public. Restrictions can’t be enacted if “less restrictive means” are available.
Commissioners described the law as overly broad, claiming it significantly limits the County’s power to regulate data center construction.
They highlighted that large-scale data centers consume significant electricity and water, generate noise, and strain public infrastructure and emergency services.
“Counties have traditionally addressed such impacts through ordinary land use, zoning, permitting, and public health and safety regulation,” the letter noted.
The Right to Compute Act, as currently written, sets a challenging legal standard for county actions affecting data centers.
“That standard is difficult to meet and creates real uncertainty about whether the County may continue to exercise its customary regulatory authority over these developments,” commissioners wrote. “This creates a corresponding chilling effect on the County’s ability to protect its residents, infrastructure, and natural resources.”
Commissioners urged the legislature to amend the law in 2027, clarifying that it doesn’t alter counties’ or cities’ authority to regulate data center operations via zoning and safety measures.
The Montana Legislature will reconvene in January.
Meanwhile, local opponents of the Quantica data center are advancing efforts to allow voters to decide on the project. Broadview resident Kassi Solberg is once again spearheading efforts for a ballot initiative requiring two-thirds voter approval before data centers could proceed in Yellowstone County.
That attempt failed over the summer. Solberg and others amassed over 14,000 signatures, falling short of the 16,560 needed before being informed of an incorrect deadline. Officials recalculated the deadline to July 13, which had already passed.
Solberg now aims for initiative approval for a local election on May 4, 2027. Solberg and her attorney, Democratic Eastern District Congressional candidate Brian Miller, anticipate more legal challenges but believe the revised initiative language has a stronger chance of enduring legal examination.
“But I think they’re going to take a shot at it,” Miller remarked.
Solberg’s initial ballot initiative faced court challenges from county officials, who questioned its legality due to the Right to Compute Act and a Montana Supreme Court ruling on wind energy regulation.
After a regular meeting Thursday, commissioners met privately with county attorney staff to discuss “Data Center Initiative,” as listed on the agenda.
During public comment, Jack Hanson, a local resident, emphasized that closed meetings of public bodies are permitted only under specific circumstances.
“As a member of the public I ask that you be perfectly clear about the specific topic of the meeting,” Hanson stated.
Chief Civil County Attorney Steve Williams clarified the session would cover “litigation,” a permissible reason for private discussions.
—
Read More Montana News
