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The Data Center Divide

Coffee County

Neutral Data Center Policies

Coffee County may support industrial site preparation and economic development, indirectly helping data-center projects where the provisions apply; some public aid requires a public-purpose finding and advance notice.

Incentives

Land discountsGrants and cash rebatesPreferential financingInfrastructure funding

Authorizes Coffee County and its municipalities to grant industrial sites, lend credit or grant public funds to business entities for economic development, and fund site infrastructure, including roads, sewers, and utilities.

current law · County measure
Grants the Coffee County Commission and municipal governing bodies continuing authority to promote local economic and industrial development through public funding, land acquisition, infrastructure improvements, and property transfers to public or private entities.Alabama Constitution, Amendment 723 — Coffee County Economic and Industrial Development

What this means

The measure could modestly help data-center projects because some local governments may acquire and prepare sites for industry and support economic development. The benefits are indirect, apply only where the relevant provisions cover the project, and some public aid requires a public-purpose finding and advance notice.

People behind it

  • Authorized to propose, enact, and implement laws and constitutional amendments concerning the measures.

  • Authorized or required to issue bonds under several amendments and administer specified bond programs.

  • Responsible for locating, constructing, maintaining, and equitably funding state highways, roads, and bridges.

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  • Designated to manage and control state works and facilities along navigable waterways.

  • Administers hospital and health-facility bond proceeds and determines facility allotments under the hospital amendments.

  • Authorized to issue and administer bonds and allocate proceeds for animal, livestock, agricultural, forestry, veterinary, and textile facilities.

  • Authorized to issue and administer bonds for forensic-sciences laboratories and educational facilities.

  • Authorized to receive and expend state appropriations and bond proceeds for the Demopolis–Tennessee River waterway and related projects.

  • Authorized to determine the terms and conditions and provide for the sale and issuance of capital-improvement general-obligation bonds.

  • Administers transfers and investments involving the Alabama Capital Improvement Trust Fund and the County and Municipal Government Capital Improvement Trust Fund.

  • Certifies specified trust-income distributions and recommends capital-improvement funding.

  • Makes required distributions from capital-improvement trust funds.

  • Transfers designated oil-and-gas capital payments to the special trust funds.

  • Serves as a member of the Bond Commission administering capital-improvement bonds.

  • Serves as a member of the Bond Commission administering capital-improvement bonds.

  • Serves as a member of the Bond Commission administering capital-improvement bonds.

  • Authorized under Amendment 772 and various local amendments to undertake economic-development projects, provide public funds, issue obligations, and administer related programs.

  • Authorized under Amendment 772 and various local amendments to undertake economic-development projects, provide public funds, issue obligations, and administer related programs.

Restrictions & requirementsHide restrictions & requirements7
  • Many local economic-development amendments require voter approval before the county or municipality may undertake an authorized project, including a data-center project. For example, the proposal must be approved by a majority of qualified electors, with advance publication of the election notice for at least three successive weeks. after an election held in accordance herewith

  • Local economic-development borrowing is generally capped at 50 percent of the assessed value of taxable property; some provisions impose lower or fixed limits, including a 20-percent cap for Madison County and Huntsville and a $250,000 limit for Greene County. to a principal amount not exceeding fifty percent

  • Several local amendments cap special economic-development taxes at 2 percent of taxable property, while some authorize only a 1-percent privilege or sales-and-use tax, limiting the amount that can be raised to finance a project. a special tax or taxes of not exceeding two percent

  • Under Amendment 772, a county or municipality may not lend credit or provide public funds or things of value to a private entity unless the governing body first adopts a public-purpose resolution at a public meeting and publishes notice at least seven days beforehand identifying the recipient and proposed public benefits. At least seven days prior to the public meeting

  • Amendments 429 and 759 prohibit the covered counties and municipalities from constructing residential or other buildings for lease or sale, which could prevent a publicly developed data-center building from being constructed for that purpose under those amendments. Nothing herein shall authorize the counties named

  • For industrial-park property acquired under Amendments 429 and 759, a sale below the property's actual purchase and development cost requires governing-body approval, at least 14 days' advance newspaper notice, and a sale price no lower than the advertised price. At least fourteen (14) days prior

  • For Anniston industrial-park projects, the industrial development board must first approve and recommend the project, and the city governing body must adopt an ordinance after publishing the proposed ordinance and hearing notice weekly for three weeks, with the first publication at least 18 days before adoption. unless and until the proposed ordinance has been published

Benefits & exceptionsHide benefits & exceptions9
  • Counties and municipalities without a local economic-development amendment may acquire and improve industrial sites, buildings, facilities, machinery, and equipment, including roads, drainage, sewers, waste-disposal systems, parking, and utilities; lease or sell them to businesses; and provide public funds or credit for economic development. Amendment 772 authorizes site acquisition and infrastructure improvements

  • The same authority allows counties and municipalities to issue bonds, warrants, notes, or other obligations for economic-development property and projects, up to 50 percent of the assessed value of taxable property; the debt may be general-obligation or limited-source debt. The 50-percent financing authority

  • Amendment 772 removes the usual constitutional restrictions in Sections 93 and 94 for these economic-development activities, but requires a public-purpose resolution and at least seven days' newspaper notice before public funds or credit may benefit a private entity. The exemption from Sections 93 and 94

  • In the counties and municipalities covered by Amendments 429 and 759, governments may acquire and develop industrial sites and parks with roads, drainage, sewers, waste-disposal systems, parking, and utilities, and may convey those projects to businesses; these powers are not subject to Sections 93 or 94. The amendments do not authorize construction of residential or other buildings for lease or sale. Industrial-site infrastructure authority

  • Amendment 666 creates funding mechanisms for economic development and industrial recruitment, including authority for up to $350 million in state general-obligation bonds. Bond proceeds may pay economic-development costs such as site preparation, infrastructure improvements, worker training, and training facilities; no more than $50 million may be used for local-government matching funds and no more than $15 million for municipal infrastructure costs. Economic-development costs and bond authority

  • Counties and municipalities may establish tax-increment districts and use increases in ad valorem tax revenue from redevelopment or revitalization to pay project costs or related indebtedness, subject to protection of existing bonded debt and the required agreement between the county and municipality. Tax-increment district authority

  • For Marengo County and its municipalities, Amendment 624 permits economic-development property acquisition, conveyance, grants, and up to 50-percent assessed-value debt without an election; Amendment 646 provides similar authority for the county commission and municipalities. The no-election authority

  • For Etowah County and municipalities located there, Amendment 761 provides the same types of acquisition, development, conveyance, grants, debt, and public-authority powers without an election, and allows delegation to existing or newly created authorities. Etowah County's no-election powers

  • In Fayette County, the Tom Bevill Reservoir Management Area Authority may develop water conservation and supply, reservoirs, industrial development, and related infrastructure; it may issue revenue bonds payable from authority revenues and receive county or municipal contributions. Reservoir authority powers for water supply and industrial development

Sources

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