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Regbase

The Data Center Divide

Grant County

For Grant County, see Minnesota’s statewide laws and regulations below. No additional county-specific measures are listed in our research.

Mixed Data Center Policies

Minnesota keeps tax breaks for qualifying data-center equipment and software, but electricity is taxable, adding operating costs. Qualifying large centers also face annual fees and labor and building conditions; projects meeting general thresholds may require environmental review.

Incentives

Tax benefits

Section 17 expands the enterprise IT equipment and software sales-tax exemption to qualified large-scale data centers and extends the qualifying purchase period from 20 to 35 years, replacing the prior June 30, 2042 purchase cutoff with a certification deadline before July 1, 2042.

current law · Statewide
Ends the sales-tax exemption for electricity used by qualified data centers but keeps it for qualifying equipment and software.Minnesota HF 9 (2025)

What this means

The measure removes the sales-tax exemption for electricity used to operate qualified data centers, adding an ongoing cost. It keeps the exemption for qualifying equipment and software, so the added burden is meaningful but does not create a major barrier to building or expanding.

People behind it

  • Listed as an author of HF 9.

  • Listed as an author of HF 9.

  • Listed as a Senate author of HF 9.

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  • Administers the campaign contribution refund receipt system, including receipt validation and reporting.

  • Administers tax provisions, including political contribution refunds, tax credits, revenue deposits, and rent-certificate requirements.

  • Receives railroad-credit applications and issues credit certificates to eligible railroads.

  • Issues specified stipend payments to eligible SEIU bargaining-unit members.

  • Certifies whether data centers meet requirements for the sales-tax exemption.

  • Verifies and provides notifications concerning specified sustainable forest incentive program qualifications and withdrawals.

  • Receives owner certifications concerning eligible uses of property-tax savings and may apply for specified qualified-bond allocations.

  • Administers the consumer protection restitution account, including distributions and annual reporting.

  • Determines rates, certifies specified project dates, and administers certain public-finance and fund-transfer provisions.

  • Receives specified tax-increment-financing plans and certifies reporting conditions for certain local aid payments.

  • Certifies specified property-tax amounts and handles certain tax-increment-financing certifications.

  • Administers specified property classifications, valuations, and exemption determinations.

  • Receives repayments of certain property-tax abatements.

  • May approve specified property-tax abatements and tax-increment-financing plans, subject to statutory conditions.

  • Reviews and evaluates state tax expenditures and reports findings to the legislature.

  • Administers applications for state guarantees of qualifying public debt obligations.

  • Administers the sales and use tax exemption refund process.

  • Certifies qualifying data centers before they can receive the exemption.

Restrictions & requirementsHide restrictions & requirements1
  • For purchases made after June 30, 2025, qualified data centers and qualified refurbished data centers no longer receive the sales-and-use-tax exemption for electricity used to operate them, increasing those operating costs.

Benefits & exceptionsHide benefits & exceptions1
  • Qualified data centers, including certified refurbished and large-scale facilities, can receive sales- and use-tax refunds for qualifying enterprise IT equipment and software, including qualifying replacement or upgrade purchases and specified supporting equipment and infrastructure such as cooling and power infrastructure. The tax is initially paid and then refunded; qualifying purchases made before certification may also be eligible after certification. DEED certification is required. Eligibility generally requires at least 25,000 square feet and investment of $30 million within 48 months for a data center, $50 million within 24 months for a refurbished data center, or $250 million within 60 months for a large-scale data center. Refunds are limited to 20 years from the first qualifying purchase or June 30, 2042, whichever comes first. Electricity purchases are not eligible starting July 1, 2025.

Sources

current law · Statewide
Ends the sales-tax exemption for electricity used by qualified data centers after June 30, 2025, while keeping the exemption for qualifying computer equipment and software.Minnesota Chapter 13 (2025)

What this means

The measure removes the sales-tax exemption for electricity used by data centers, adding an ongoing cost to operate them. It keeps the exemption for qualifying data-center equipment and software, so the added cost is meaningful but does not remove the main tax incentive for building or expanding.

People behind it

  • Enacted Chapter 13, H.F. No. 9.

  • Signed the measure into law on June 14, 2025.

  • Administers numerous tax credits, refunds, exemptions, reporting requirements, penalties, and aid payments established or modified by the measure.

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  • Administers political contribution receipt validation and provides related data for political contribution refunds.

  • Administers the consumer protection restitution account and distributions of consumer enforcement public compensation.

  • Issues stipend payments to eligible SEIU Healthcare Minnesota & Iowa bargaining-unit members.

  • Issues credit certificates for qualified railroad reconstruction or replacement expenditures.

  • Certifies qualified data centers, sustainable business projects, and related eligibility for tax exemptions and refunds.

  • Verifies certain managed forest land and notifies the commissioner regarding eligible Sustainable Forest Incentive Act withdrawals.

  • Administers specified tax-credit rate determinations and bond, settlement, and revenue-transfer provisions.

  • Certifies financial-reporting compliance for specified local-government aid payments and receives certain tax-increment-financing documents.

  • Receives certifications related to class 4d(1) property-tax classification and may apply for certain bond allocations.

Restrictions & requirementsHide restrictions & requirements1
  • Beginning with sales and purchases after June 30, 2025, electricity used or consumed to operate a qualified or qualified refurbished data center is no longer exempt from sales tax, increasing operating costs. The measure retains the exemption for qualifying enterprise information-technology equipment and software, but the tax must generally be paid upfront and refunded only after the Department of Employment and Economic Development certifies that the facility meets the statutory requirements, including the applicable square-footage and investment thresholds.

Benefits & exceptionsHide benefits & exceptions1
  • Sales-tax exemption for qualified data centers: Purchases of enterprise information technology equipment and computer software used in a qualified or qualified refurbished data center remain exempt, including replacement and upgrade purchases. The exemption covers qualifying infrastructure such as cooling systems, power infrastructure, substations, backup generation, batteries, racking, cabling, and trays. The facility generally must meet the 25,000-square-foot and $30 million investment tests, and the exemption is available for purchases within 20 years of the facility’s first qualifying purchase or through June 30, 2042, whichever comes first. Electricity used by the data center is excluded from the exemption. Purchases of enterprise information technology equipment and computer software for use in a qualified data center

Sources

current law · Statewide
Requires an environmental assessment for data center projects that meet applicable size or environmental-impact thresholds; it does not create a separate data center category.Minnesota Environmental Quality Board Data Centers FAQ

What this means

Large data centers may need environmental review if they meet general size or impact thresholds, which can add paperwork and delay approvals or construction (projects meeting a threshold). The FAQ is guidance, not a new data-center-specific rule, so the added burden is limited to projects that trigger review.

People behind it

  • Responsible governmental unit for specified nuclear-waste and pipeline environmental reviews; the FAQ also provides environmental-review guidance.

  • Responsible governmental unit for specified power-generation, storage, air-pollution, hazardous-waste, solid-waste, and wastewater reviews.

  • Responsible governmental unit for specified low-level nuclear-waste storage and disposal reviews.

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  • Responsible governmental unit for numerous project categories, including certain facility, land-use, residential, and infrastructure reviews.

  • Responsible governmental unit for specified energy-storage, energy-infrastructure, and gas-storage reviews.

  • Responsible governmental unit for specified underground-storage, mining, water-appropriation, and natural-resource reviews.

  • Responsible governmental unit for specified anhydrous-ammonia storage reviews.

  • May serve as the responsible governmental unit for specified natural-gas pipeline reviews.

  • May serve as the responsible governmental unit for specified airport, highway, barge-facility, and recreational-trail reviews.

  • May serve as the responsible governmental unit for specified airport reviews.

  • May serve as the responsible governmental unit for barge-facility reviews.

  • May serve as the responsible governmental unit for specified animal-feedlot reviews when it issues the feedlot permit.

Restrictions & requirementsHide restrictions & requirements11
  • A data-center project that meets a mandatory environmental-review threshold must undergo an environmental assessment worksheet (EAW), unless it meets an environmental impact statement (EIS) threshold, in which case an EIS is required. The rule sets the threshold test.

  • Before environmental review is complete, governmental approvals are prohibited and construction may not begin. The FAQ describes a prohibition on approvals and construction.

  • Depending on the project’s classification and location, construction or expansion can require an EAW at specified gross-floor-space thresholds: 150,000 to 600,000 square feet for warehousing or light industrial facilities, and 100,000 to 400,000 square feet for other industrial, commercial, or institutional facilities. The thresholds vary by city class or unincorporated location (rule thresholds).

  • An EAW is required for an electric-generating facility designed and capable of operating at 25 MW or more but less than 50 MW; the responsible governmental unit depends on whether a PCA air permit is required. The rule specifies this capacity range.

  • Certain air emissions trigger an EAW: 250 or more tons per year of a single covered air pollutant, or 100,000 or more tons per year of combined greenhouse-gas emissions, measured after pollution-control equipment. The rule states these emissions thresholds.

  • A new commercial or industrial water appropriation averaging 30 million gallons per month triggers an EAW. The water-appropriation threshold applies to surface water or groundwater.

  • Hazardous-material storage can trigger an EAW when a new major facility is designed to store at least 1 million gallons; the rule also covers specified expansions that add or result in at least 1 million gallons of designed storage capacity. The rule sets these storage thresholds.

  • Wastewater treatment projects can trigger an EAW at specified capacity thresholds. Examples include a new municipal or domestic treatment facility with average wet-weather design flow of at least 200,000 gallons per day, and certain industrial-process wastewater facilities meeting specified daily, monthly, or annual flow levels. The rule lists the wastewater thresholds.

  • A project that permanently converts at least 80 acres of agricultural, prairie, forest, or other naturally vegetated land can require an EAW, subject to the rule’s stated exception for agricultural land inside the Metropolitan Urban Service Area. The land-conversion threshold is assigned to the local governmental unit.

  • Connected projects and stages must be considered together when comparing a project with EAW or EIS thresholds. For expansions, certain existing stages or components begun within the specified three-year period must also be counted, except components already reviewed in a completed EAW or EIS. The rule requires consideration of connected or phased actions in total.

  • An alternative urban areawide review (AUAR) cannot substitute for the required review when a project meets certain mandatory EAW or EIS categories, or requires review under Minnesota Statutes chapter 216I. The FAQ says the project must use the appropriate review process.

Benefits & exceptionsHide benefits & exceptions2
  • A completed alternative urban areawide review (AUAR) can satisfy environmental-review requirements for a later data-center project if it qualifies as a commercial, light-industrial, or warehousing project and is consistent with the AUAR’s development assumptions and mitigation plan. An AUAR is unavailable if the project meets specified mandatory EAW or EIS categories, and additional review may still be needed. An AUAR can fulfill the environmental review requirements for some subsequent projects

  • The rules require an EAW under the industrial, commercial, and institutional facility category only when a project meets or exceeds the applicable floor-space threshold: for warehousing or light industrial facilities, 150,000–600,000 square feet depending on location; for other industrial, commercial, or institutional facilities, 100,000–400,000 square feet. A data center below its applicable threshold is not triggered by this category alone; other mandatory categories may still require review. thresholds, expressed as gross floor space

Sources

current law · Statewide
Sets new water-use and electricity rules for large data centers and ties certain tax breaks to annual fees, prevailing wages, and green-building certification.Minnesota HF 16 (2025) / 2025 Minnesota Laws, Chapter 12

What this means

The measure makes building and operating qualifying large data centers more attractive by expanding the sales-tax break for equipment and software and allowing it for a longer period (tax exemption and claim period). But it adds real costs and conditions, including an annual fee of $2–5 million for qualifying centers, prevailing-wage rules, green-building certification, and added water review for some very high-use projects (fee schedule). Overall, the incentives outweigh the requirements, but not by enough for a higher score.

People behind it

  • HF 16 author.

  • HF 16 author.

  • Listed as a Senate author of HF 16 and as an SF 19 author.

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  • Listed as an SF 19 author, the Senate companion bill.

  • Listed as an SF 19 author, the Senate companion bill.

  • Listed as an SF 19 author, the Senate companion bill.

  • Administers the Minnesota Business First Stop Program and certifies qualifying data centers for the tax exemption.

  • Receives referrals of data-center permitting inquiries.

  • Its executive director is directed to ensure permitting staff can refer data-center inquiries to Minnesota Business First Stop.

  • Its commissioner is directed to ensure permitting staff can refer data-center inquiries to Minnesota Business First Stop; the agency may also be consulted on water impacts.

  • Its commissioner is directed to ensure permitting staff can refer data-center inquiries to Minnesota Business First Stop; the department may also be consulted on water impacts.

  • Its commissioner may be consulted on data-center water impacts.

  • Establishes very-large-customer classes and oversees proposed utility agreements and clean-energy tariffs.

  • Receives sustainability certification from qualified large-scale data centers and determines whether the required certification was attained.

  • Administers the data-center sales-tax exemption and receives repayment when required.

Restrictions & requirementsHide restrictions & requirements6
  • For a data center using more than 100 million gallons of water annually and needing a new individual appropriation permit or permit amendment, the Department of Natural Resources may request preapplication project and water-use information and must provide a written assessment of potential water-availability constraints. This process does not replace environmental review or other required approvals. Preapplication evaluation and continuing review requirements

  • For new or modified water-use permits involving a data center’s proposed new or additional consumptive use above 100 million gallons per year—or an existing permittee intending to supply a data center more than that amount—the department must consider public health and safety, water conservation and watershed measures, and water-use conflicts. The commissioner must also require an aquifer test if deemed necessary to protect public health, safety, and welfare. Water-permit conditions for large projects

  • By December 15, 2026, the Public Utilities Commission must define a very-large-customer class or subclass for each public electric utility. For customers in that class, the commission may approve, modify, or reject utility tariffs or service agreements, considering whether the customer bears attributable costs, the utility meets state electricity benchmarks without seeking delays or modifications, and other customers are protected from stranded costs. Existing, renewed, or extended agreements and customers actively served before 2020 are excepted. Very-large-customer class and agreement requirements

  • Utilities must offer a clean-energy-and-capacity tariff to commercial and industrial customers. Participation is optional, but participating customers must pay their proportional costs for new resources and related utility costs, with cost shifting prohibited. Clean-energy tariff cost requirements

  • A qualified large-scale data center must pay an annual fee based on peak demand arranged by its utility: $2 million for 100–250 MW, $3 million above 250 and below 500 MW, $4 million for 500 and below 750 MW, and $5 million for 750 MW or greater. Annual fee tiers

  • To qualify for the large-scale data-center sales-tax exemption, a Minnesota facility must have at least 25,000 square feet and meet a $250 million combined construction, refurbishment, equipment, and software investment threshold within a 60-month period beginning after June 30, 2025. Covered construction and refurbishment work must meet prevailing-wage requirements, and the facility must obtain an approved sustainable-design or green-building certification within three years of being placed in service. The exemption must be repaid if the certification requirement is not met. These conditions apply to the tax exemption, not generally to building a data center. Investment, wage, and certification conditions

Benefits & exceptionsHide benefits & exceptions7
  • State permitting agencies must refer data-center permitting inquiries to Minnesota Business First Stop and ensure staff have resources to make referrals. Permitting inquiries are also referred to Minnesota Business First Stop.

  • For data centers proposing water use above 100 million gallons per year that need a new individual permit or permit amendment, the Department of Natural Resources may assess water availability before a formal application and must provide a written response describing potential constraints. The communications and information exchanged are nonpublic, but this process does not replace environmental review or permit requirements. Preapplication evaluation of certain water appropriation projects.

  • The Public Utilities Commission must establish a very-large-customer class or subclass for each public electric utility by December 15, 2026, and may approve, modify, or reject proposed service tariffs or agreements for that class. The review must address cost assignment, state electricity benchmarks, and protection against other customers bearing stranded costs. Existing, renewed, or extended agreements—and customers already taking service before 2020—are exempt from this section. Establish by order the definition and appropriate characteristics and This section shall not apply to existing, renewed, or extended electric service agreements.

  • Public utilities must offer commercial and industrial customers an optional clean-energy and capacity tariff. Participating customers may choose new clean-energy or capacity resources, provided reliability is maintained, and must pay proportional costs; the tariff must prevent cost-shifting between participants and other utility customers. Offer a clean energy and capacity tariff.

  • A qualified large-scale data center that pays the required annual fee is exempt from contributing to electric-service energy conservation optimization plans. The fee is $2 million to $5 million, depending on forecast peak demand from 100 MW upward; the fee data is nonpublic. A qualified large-scale data center that pays the required fee and the fee data collected under this section must be treated as nonpublic data.

  • Qualified large-scale data centers are excluded from specified utility energy-sales calculations and from specified solar-standard calculations. For utilities serving fewer than 200,000 retail electric customers, the law also bars passing costs of the applicable solar standard on to the listed excluded customers. A qualified large-scale data center and Those customers may not have included in the rates charged to them.

  • Qualified large-scale data centers may receive a sales-tax exemption, through a refund, for qualifying enterprise information technology equipment and software purchases, including replacement or upgrade purchases. Eligibility requires at least 25,000 square feet and at least $250 million in qualifying costs within a 60-month period; covered construction or refurbishment work is subject to prevailing-wage requirements, and the facility must obtain an approved sustainable-building certification within three years of being placed in service. Purchases of enterprise information technology equipment and computer software and at least $250%2C000%2C000 collectively.

Sources

failed · Statewide
Would prohibit municipalities from allowing data centers larger than 800,000 square feet, except as conditional uses in industrial districts.Minnesota SF 608 (2025-2026)

What this means

The bill would bar municipalities from allowing new enterprise data centers larger than 800,000 square feet in most zoning districts; in industrial districts, they could allow them only through conditional use approval (siting limits and exception). This is a severe barrier to building large centers, though it is not a complete ban because industrial-district projects could still be approved.

People behind it

  • Listed as a Senate author of SF 608.

  • Listed as a Senate author of SF 608.

  • Listed as a Senate author of SF 608.

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  • Listed as a Senate author of SF 608.

  • Added as an author of SF 608 on March 20, 2025.

  • An author of SF 608 who was stricken from the bill on February 13, 2025.

Restrictions & requirementsHide restrictions & requirements1
  • For enterprise data centers—facilities with more than 800,000 square feet of space for enterprise IT equipment and whose primary purpose is storing, managing, or processing digital data—a municipality generally may not allow development in any zoning district. It may allow one as a conditional use in an industrial district. The restriction applies to centers constructed on or after June 20, 2025. More than 800,000 square feet Conditional use in an industrial district Applies to centers constructed on or after that date

Benefits & exceptionsHide benefits & exceptions3
  • The bill would allow a municipality to approve an enterprise data center as a conditional use in an industrial district. “may allow an enterprise data center as a conditional use”

  • The siting restrictions would apply only to facilities meeting the bill’s definition of an enterprise data center, including more than 800,000 square feet of space; facilities outside that definition would not be covered by those restrictions. “more than 800,000 square feet”

  • The restrictions would apply to enterprise data centers constructed on or after June 20, 2025, so centers constructed before that date would fall outside the bill’s stated application. “applies to enterprise data centers constructed on or after that date”

Sources

failed · Statewide
Would require counties, cities, and towns to hold at least two public hearings and disclose key project, security, and utility details before approving data center construction permits.Minnesota SF 4296 (2025-2026)

What this means

The proposal would add a modest approval step: municipalities must hold at least two public hearings and disclose project details before hearings and approval votes. This could cause some delay and public scrutiny, but it does not ban data centers or impose new operating requirements.

People behind it

  • Listed as a Senate author of SF 4296.

  • Listed as a Senate author of SF 4296.

  • Listed as a Senate author of SF 4296.

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  • Listed as a Senate author of SF 4296.

  • Listed as a Senate author of SF 4296.

  • Counties, cities, and towns are responsible for holding the required public hearings and making the required disclosures for covered data center applications.

Restrictions & requirementsHide restrictions & requirements3
  • Before approving a rezoning petition or conditional- or special-use permit for data center construction, a municipality must hold at least two public hearings; one must be solely to inform the public about the application. At least two public hearings

  • At least 48 hours before the informational hearing and any public meeting to vote on approval, the municipality must disclose the applicant, anticipated end user, project location and size, and estimated utility needs. If the site is within or abuts residentially zoned land, it must also disclose estimated security guard numbers and whether guards will be armed. The information required

  • Municipalities must make the required disclosures even if a nondisclosure agreement or other contract says otherwise. The measure is effective August 1, 2026, and applies to agreements entered into before, on, or after that date. Notwithstanding any nondisclosure agreement

Sources

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