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The Data Center Divide

Howard County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Pro-Data Center Policies

Howard County has conditional tax breaks for qualifying data centers, while an enacted law is described as pausing new project reviews through no later than November 2, 2027.

Incentives

Tax benefits

Chapter 640 creates a sales-and-use-tax exemption for qualified data-center personal property and authorizes local assessment reductions or elimination. Howard County CB38-20 implements conditional personal-property tax abatements for qualified data centers meeting investment and job thresholds, including up to 100% in the first five years for the larger investment tier.

current law · County measure
Provides qualifying data centers that meet investment and job-creation requirements with a sales-tax exemption and allows local governments to reduce or eliminate property taxes on their equipment.Maryland qualified data center personal-property tax exemption (2020)

What this means

The measure can substantially lower costs through a sales-tax exemption and, for qualifying projects, property-tax breaks that may reach 100% for the first five years. The benefits require significant investment, job creation, and approval, so they encourage data-center development but are not automatic.

People behind it

  • Listed as the primary sponsor and introduced the bill at the County Executive’s request.

  • Requested introduction of the bill and shares responsibility for evaluating exemption applications.

  • Develops the application and procedures, receives and evaluates applications, and reports on implementation.

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  • Shares responsibility for developing the application form and procedures.

  • Processes the property tax abatement when an application is approved.

  • Reviews exemption applications, certifies eligibility, provides the Comptroller with an annual list of eligible applicants, may revoke certificates, and receives copies of local laws changing the property-tax assessment.

  • Issues and renews sales and use tax exemption certificates and may assess tax to recapture amounts not paid under an exemption.

  • May enact a law reducing or eliminating the local property-tax assessment percentage for qualified data center personal property.

  • Must submit a copy of an enacted law to the Department.

  • Provides a municipal corporation with assessments of certain qualified data center personal property.

  • May provide a municipal corporation with an assessment of certain qualified data center personal property.

Restrictions & requirementsHide restrictions & requirements5
  • To receive the sales and use tax exemption, an applicant must apply to the Department of Commerce, demonstrate intent and capacity to meet the requirements, and provide requested information; buyers must give vendors evidence of eligibility. Apply for an exemption certificate

  • Within three years after applying for the exemption, a data center must invest at least $2 million in qualified personal property in a Tier I area, or $5 million elsewhere in Maryland, and create at least five qualified positions. Each position must be full-time, indefinite, newly created, pay at least 150% of the state minimum wage, and be filled for at least 12 months. Within 3 years

  • The exemption certificate must be renewed annually and generally cannot be renewed for more than 10 consecutive years; it may be renewed for up to 20 consecutive years if the applicant invests at least $250 million in qualified data center personal property. Must be renewed each year

  • Certificate holders must keep records of taxes not paid, qualified positions created, and investment in qualified property for at least three years after the certificate ends, and allow the Department of Commerce to inspect those records. For at least 3 years

  • The Department of Commerce may revoke an eligibility certificate if an application representation was false or the applicant failed to fulfill its commitments. The applicant must have an opportunity to appeal before the Comptroller is notified, and the Comptroller may assess the applicant to recover sales and use tax not paid under the exemption. May revoke a certificate

Benefits & exceptionsHide benefits & exceptions5
  • A sales and use tax exemption applies to qualified personal property bought or leased for use at a qualified data center, including computing, cooling, and power equipment. Within three years after applying, the applicant must invest at least $2 million and create five qualified positions at a center in a Tier I area, or invest at least $5 million and create five qualified positions elsewhere in Maryland. Qualified positions must meet statutory requirements, including pay of at least 150% of the State minimum wage.

  • The sales-tax exemption certificate must be renewed annually and may generally be renewed for up to 10 consecutive years, or up to 20 consecutive years if the applicant invests at least $250 million in qualified data center personal property.

  • A county or municipality may, by local law, reduce or eliminate the portion of qualifying data center personal property subject to property tax, or grant a property tax credit for that property. For a reduction or elimination to apply in the following taxable year, the law must be submitted to the Department by May 1.

  • Projects with at least $250 million in investment and at least 10 jobs may qualify for a 10-year personal property tax abatement of up to 100% in years one through five and up to 90% in years six through ten. They may also qualify for two five-year extensions, each with up to 80% abatement, based on performance metrics including investment, employment, and positive economic impact to Howard County.

  • Projects with at least $50 million in investment and at least five jobs may qualify for a 10-year personal property tax abatement of up to 90% in years one through five and up to 80% in years six through ten. They may also qualify for one five-year extension with up to 80% abatement, based on performance metrics including investment, employment, and positive economic impact to Howard County.

Sources

Specific to Howard County only.

current law · County measure
Temporarily prohibits most new data-center development approvals in Howard County while a task force studies impacts and recommends future rules, with the moratorium ending earlier under specified conditions or no later than November 2, 2027.Maryland CB 31-2026 (2026) — S.M.A.R.T. Siting Act

What this means

The bill would pause new data-center plan submissions and block related zoning and hearing decisions during the moratorium, making new development substantially harder and delaying projects (pause on new plan submissions). The pause ends earlier under certain conditions or no later than November 2, 2027; it does not ban ongoing operations, and it allows some changes to previously approved plans (sunset date).

Timing

Ends
Once the task force issues a recommendation and a Zoning Regulation text amendment has been passed into law; once the Comprehensive Rezoning process has concluded; or, at the latest, 2027-11-02.

The moratorium ends upon either of the specified events, or no later than 2027-11-02. No extension condition is stated.

People behind it

  • Introduced the bill and was identified as its primary sponsor; she also proposed Amendments 1 and 2.

  • Proposed Amendments 2 and 3 to Amendment 2.

  • Proposed Amendment 4 to Amendment 2.

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  • County Council Administrator who administered the bill’s legislative process.

Restrictions & requirementsHide restrictions & requirements5
  • During the Effective Period, the Department of Planning and Zoning may not accept data-center development plan submissions, and site development plan applications filed after the Act takes effect may not proceed or be considered for approval. The Act does not prohibit redlines to a previously approved plan or administrative approvals associated with an existing building and previously approved plan; it does not apply to State or local government entities or allied agencies. The plan-submission restriction and exceptions The government-entity exemption.

  • During the Effective Period, the Zoning Board may not take final action on petitions seeking approval of data-center development plans or piecemeal map amendments. The Zoning Board restriction.

  • During the Effective Period, the Hearing Authority may not hear or take final action on applications or petitions related to proposed data-center development. The Hearing Authority restriction.

  • During the Effective Period, the County Council may not pass a zoning-regulation text amendment for proposed data-center development, except for emergency legislation or an amendment introduced after the task force’s recommendations are received. The restriction and exceptions.

  • The moratorium takes effect 61 days after enactment and ends when the task force issues a recommendation and a zoning text amendment is passed, when the Comprehensive Rezoning concludes, or no later than November 2, 2027, whichever occurs first. The effective date and sunset terms.

Benefits & exceptionsHide benefits & exceptions4
  • Previously approved development plans may be redlined, and administrative approvals associated with an existing building and previously approved plan are allowed during the moratorium. The Act does not prohibit these actions.

  • The Act’s restrictions do not apply to state or local government entities or allied agencies, including the named public school, community college, and library systems. The Act shall not apply to these entities.

  • The Council may consider a zoning-regulation text amendment for data center development after receiving the task force’s recommendations; emergency legislation is also excepted from the restriction. The restriction includes these exceptions.

  • The moratorium is temporary and sunsets when a task-force recommendation is followed by passage of a zoning text amendment, when comprehensive rezoning concludes, or no later than November 2, 2027. The Act shall sunset.

Sources

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