To qualify as an MMEIA data-processing project, the enterprise must begin facility construction after January 1, 2024, begin processing data by December 31, 2027, commit at least $10 billion in aggregate capital investment, create at least 1,000 new full-time jobs, and meet the required wage standard. Additional facilities or expansions qualify only if they involve at least $500 million in investment, create at least 50 net new full-time jobs, and are reported in writing to the authority.

An enterprise seeking assistance under the MMEIA must submit a two-year business plan, prior financial statements or tax returns, credit reports for owners with at least a 20% interest, evidence of management expertise, a cost-benefit analysis, and any other information required by the authority. The authority must also require performance commitments and may require collateral, with repayment of assistance if the commitments are not met.

Income-tax exemptions for certified data-processing projects are limited to 10 years, apply only to income arising from the project, and may be suspended after the project fails to maintain its required annual job level for two consecutive years.

Franchise-tax fee-in-lieu agreements for certified data-processing projects expire when Mississippi's franchise tax is repealed in 2028, apply only to new franchise-tax liability attributable to the project, and may be reduced or suspended if required employment levels are not maintained for one or more years.

If a county or municipality grants a data-center fee-in-lieu of ad valorem taxes, the annual payment generally may not be less than one-third of the otherwise applicable ad valorem taxes. The agreement may last up to 30 years, but no individual parcel, improvement, or item of personal property may remain subject to the fee-in-lieu for more than 10 years.

Sales-tax exemptions for certified data-processing projects are limited by the statute: construction materials, fixtures, machinery, and equipment receive the construction-related exemption only through one year after completion of the relevant facility, while operating equipment, repairs, and taxable support services must be tied to establishing, operating, repairing, or maintaining the project.

On project land owned by an enterprise that is a nonconsenting owner and owns both the surface estate and 100% of the drilling rights, public agencies may not permit wells to be drilled on or under the land. Mining activities on or under land forming part of the project also require the consent of the enterprise.

A public utility's electric-generation facility or energy or capacity source added to serve a certified data-processing project must satisfy at least two of three requirements: promote grid resiliency, enhance fuel diversity, or implement processes to reduce or minimize risks from regulated air emissions.

Data-processing facilities qualify as Mississippi Major Economic Impact Act projects if construction begins after January 1, 2024, data processing begins by December 31, 2027, the enterprise and affiliates commit at least $10 billion in capital investment, and the project creates at least 1,000 qualifying full-time jobs with average pay of at least 125% of Mississippi's average annual wage. The definition also covers qualifying additional facilities or expansions with at least $500 million in investment and 50 net new jobs. Data-processing projects

For a qualifying data-processing project, the project area is any area or territory within Mississippi, and the project site includes any Mississippi location where the enterprise constructs one or more data-processing facilities. The project area means any area or territory within the state

The Mississippi Major Economic Impact Authority and public agencies may exempt specified data-center-related contracts for site preparation, utilities, real-estate improvements, infrastructure, roads, and public works from ordinary public-contracting requirements. They may use negotiated awards or other contracting methods, subject to short advertising and qualification procedures in some cases. Contracts related to data-processing projects may be exempt

The state may issue up to $260 million in general-obligation bonds for qualifying data-processing projects, with proceeds usable for land, design, construction, utilities, infrastructure, environmental work, employee recruitment and training, and grants, loans, or other assistance. Bond issuance authority expires July 1, 2040, and the authorized amount is reduced by other legislative funds specifically provided for the same project. Bonds for data-processing projects

The authority may provide grants to data-processing enterprises for site preparation, utilities, land and real-estate improvements, infrastructure, roads, public works, recruitment, training, planning, environmental mitigation, and related approved costs, and may provide loans to public agencies for those purposes. Grants and loans for data-processing projects

Counties and other public agencies hosting a qualifying data-processing project may use general funds, general-obligation bonds, other permitted debt, or state grants and loans to fund project costs. They may also acquire, build, and transfer project infrastructure, exchange property with other public agencies, and make grants to public agencies, water associations, municipalities, the enterprise, or its affiliates. Public-agency assistance for data-processing projects

A county or municipality may make periodic grants or other contributions to a data-processing enterprise or affiliate and bind future governing authorities to those payments for up to 30 years. Periodic grants may bind future governing authorities

Public agencies may enter agreements binding future governing authorities for up to 30 years to waive or reduce building-permit and privilege-license fees, establish specified water and wastewater rates, and provide firefighting, hazardous-materials, technical-rescue, and medical-response assistance. Agreements binding future governing authorities

Data-processing projects receive protection from mineral-related interference: no oil or gas well may be drilled on or under qualifying project land owned by the enterprise when it owns the surface and all drilling rights, and mining activities on or under project land require the enterprise's consent. Restrictions on wells and mining activities

Sales and use tax is exempted for qualifying data-processing projects on construction materials, fixtures, machinery, equipment, communications and computer hardware, servers, software, connectivity equipment, emergency power equipment, replacements, repair parts, and taxable installation, support, repair, and maintenance services. The construction-material exemption ends one year after completion of the relevant facility or building. Data-processing project sales-tax exemptions

Sales of electricity, current, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel to an enterprise or affiliate operating a certified data-processing project are exempt from sales tax. Utility sales-tax exemption

Income arising from a qualifying data-processing project is exempt from Mississippi income tax for up to 10 years. The enterprise must meet the minimum annual job commitment in its written agreement, and the exemption may be suspended after the project falls below that commitment for two consecutive years until the job requirement is restored. Ten-year income-tax exemption

A qualifying data-processing project may use a franchise-tax fee-in-lieu agreement that applies only to new franchise-tax liability attributable to the project and expires in 2028 when the franchise tax is repealed. The fee-in-lieu may be reduced or suspended if agreed job levels are not maintained. Franchise-tax fee-in-lieu rules

A county or municipality may grant a data-processing project a fee-in-lieu of ad valorem taxes of at least one-third of the otherwise applicable levy. The payment may first be used to repay public funds advanced for project improvements or, under an agreement, to remit a portion to the enterprise; the remainder is distributed under the normal allocation rules. Ad valorem fee-in-lieu allocation

The MDA must operate an incentive program paying an approved participant 3.15% of qualifying construction costs paid to construction contractors under contracts subject to the Mississippi contractors' sales tax. Payments may be made quarterly, are limited to the balance of the incentive fund, and may continue no later than December 31, 2057. Construction-cost incentive payments

A public utility may enter a large-customer supply and service agreement with a qualifying data-processing customer without Public Service Commission approval, including negotiated pricing outside ordinary rate rules. The agreement cannot be modified or canceled by the commission during its term, and its terms and charges are treated as confidential trade-secret information. Large-customer supply agreements

For facilities serving a qualifying data-processing customer, utilities may begin land acquisition and construction before receiving required permits, regulatory approvals, or regional-transmission-organization approvals; those costs are deemed used and useful, subject to prudence review. Utility contracts for construction, repairs, emissions capture or sequestration, and energy or capacity purchases are exempt from competitive-bidding requirements. Advance utility construction and cost treatment

The utility cost-recovery process for facilities serving a qualifying data-processing customer allows forecast-based recovery within 30 days, establishes audit and prudence-review deadlines, requires recovery of prudently incurred costs through interim capacity adjustments or a dedicated rate rider, permits recovery during appeals subject to refund or credit, and exempts the recovery from applicable formula-rate-plan cost caps. Special utility cost-recovery procedures

Applications for state, county, local, or other permits associated with utility facilities serving qualifying data-processing customers must be prioritized, and necessary signage, land-use, or zoning approvals are authorized to be completed within 30 days. Expedited permitting

A data center must make at least $20 million in Mississippi capital investment, create at least 20 new full-time jobs, and pay those jobs an average annual salary of at least 125% of the state average wage.

The business must obtain certification from the Mississippi Development Authority (MDA) before receiving the data-center tax exemptions.

The MDA certification must document the date by which the business must meet its investment and employment commitments.

The tax exemption lasts ten years only if the business satisfies the performance requirements in its agreement with the MDA.

The business must enter into an agreement with the MDA establishing minimum performance requirements and allowing recapture of all or part of the exempted taxes if those requirements are not met.

The business must remain in full compliance with all state and local tax laws, ordinances, and resolutions to claim or use the exemption.

The exemption is not transferable and cannot be assigned to another person, business, or tax account without prior MDA approval.

The MDA must send the certification and necessary information to the Department of Revenue, which must promulgate rules and regulations before the exemptions can be implemented.

The sales and use tax exemption is limited to certified initial construction or expansion materials and equipment, replacement hardware, software, and other necessary technology used to operate the data center; it does not create a general exemption for all business purchases.

The utility exemption applies only to specified utilities, including electricity, power, steam, coal, natural gas, liquefied petroleum gas, or other fuel, sold to a data center that meets the statutory business-enterprise criteria and used for industrial purposes.

To claim the incentive, the business must separately identify the income and capital attributable to the approved data-center operation from other business operations, creating additional accounting and apportionment requirements.

The business must make books, records, and other information available when requested by the Commissioner of Revenue to verify the correctness of exemptions claimed.

The data center must qualify as a business enterprise that uses hardware, software, technology, infrastructure, or workforce to store, manage, or manipulate digital data; operations outside that definition do not qualify for the data-center exemption.

Lowers the eligibility threshold for a qualifying data-center business from a $50 million investment, 50 jobs, and salaries at least 150% of the average state wage to a $20 million investment, 20 new full-time jobs, and salaries at least 125% of the average state wage.

Provides a 10-year exemption from specified state taxes after Mississippi Development Authority certification, including sales and use taxes on certified construction or expansion materials and equipment, sales and use taxes on replacement hardware, software, and necessary operating technology, income taxes on the certified business’s income, and franchise taxes on its Mississippi capital. The exemption requires compliance with state and local tax laws and a performance agreement with possible recapture if requirements are not met.

Exempts qualifying data centers from sales tax on electricity, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel sold for industrial purposes.

To qualify as an MMEIA data-processing project, construction must begin after January 1, 2024, data processing must begin by December 31, 2027, and the enterprise and its affiliates must commit at least $10 billion in investment and at least 1,000 new full-time jobs paying at least 125% of Mississippi’s average annual wage.

An expansion or additional data-processing facility qualifies as part of an MMEIA project only if it involves at least $500 million in new capital investment, creates at least 50 net new full-time jobs, and written notice is provided to the Mississippi Major Economic Impact Authority.

MMEIA data-center projects must satisfy binding commitments regarding required investment and jobs; if those commitments are not met, state assistance may be reduced or suspended and some or all assistance may be subject to repayment.

The income-tax exemption for an MMEIA data-processing project is limited to 10 years, applies only to income arising from the certified project, requires the agreed minimum number of jobs, and may be suspended after the job requirement is missed for two consecutive years.

A data-center enterprise seeking state tax exemptions under the data-center tax-exemption program must obtain MDA certification, comply with all state and local tax laws, enter an agreement containing performance requirements and tax-recapture provisions, and may not transfer the exemption without MDA approval.

A local ad valorem exemption for a qualifying data center is discretionary, may not exempt school-district taxes, and does not cover automobiles or trucks operating on Mississippi highways.

A local property-tax exemption application generally must be filed by June 1 of the year following completion of the new enterprise; the application must identify the property and its value, and the Department of Revenue must determine eligibility before the local authority may grant the exemption.

A fee-in-lieu agreement for a qualifying data-center project must generally produce at least one-third of the ad valorem taxes otherwise payable, may last up to 30 years, and may subject any particular parcel, improvement, or item of personal property to the fee for no more than 10 years.

For an MMEIA data-processing project, county or municipal fee-in-lieu payments and related ad valorem taxes may first be allocated to repay state or local infrastructure funding or to make payments to the enterprise, reducing the amount available for ordinary local and school-district purposes.

Electric-generation facilities or energy sources added to serve an MMEIA data-processing project must satisfy at least two of three requirements: promote grid resiliency, enhance fuel diversity, or implement processes reducing or minimizing regulated-air-emissions risks.

Although utility construction serving an MMEIA data-processing project is expedited, the utility must provide specified facility, cost, necessity, and technology information to the Public Service Commission and staff, and related costs remain subject to auditing and prudence review before full recovery through rates.

A qualifying data-processing project can receive MMEIA project status if construction begins after January 1, 2024, data processing starts by December 31, 2027, the project commits at least $10 billion in aggregate capital investment, creates at least 1,000 new full-time jobs, and pays those jobs at least 125% of Mississippi's average annual wage.

The MMEIA project area for a qualifying data-processing project may include any area or territory within Mississippi, allowing related facilities and infrastructure to be treated as part of the project statewide.

Additional data-processing facilities or expansions may be added to the project with at least $500 million in capital investment and 50 net new full-time jobs, if written notice is provided to the MMEIA.

The state may issue up to $260 million in general-obligation bonds for qualifying data-processing projects, including project facilities, infrastructure, site work, environmental work, employee recruitment and training, and related costs; bond issuance is authorized through July 1, 2040, subject to reductions for other legislative funding.

The MMEIA may provide grants, loans, and other funds for qualifying data-processing projects to pay or reimburse site preparation, utilities, real estate, infrastructure, roads, public works, buildings, equipment, environmental work, job recruitment, and training costs.

Counties and municipalities may contribute or lend funds, issue debt, transfer property, and provide grants or other contributions to support a qualifying data-processing project and related public infrastructure.

Counties and municipalities may enter agreements lasting up to 30 years to remit portions of project-related fee-in-lieu payments and local ad valorem taxes to the MMEIA or MDA to repay public-improvement funding.

A county or municipality may enter a fee-in-lieu-of-ad-valorem-tax agreement for a qualifying data-processing project. The fee generally may not be less than one-third of otherwise applicable ad valorem taxes, and the agreement may last up to 30 years, although a particular parcel or item of property may not remain under the fee-in-lieu for more than 10 years.

A county or municipality may agree for up to 30 years to waive or reduce project building-permit and privilege-license fees, establish specified water and wastewater rates, and provide firefighting, hazardous-materials response, technical rescue, and medical-response services.

Sales and use tax exemptions are provided for qualifying data-processing projects, including construction materials, fixtures, machinery, equipment, communications systems, computers, servers, software, connectivity equipment, emergency-power equipment, repair parts, and taxable installation, support, repair, and maintenance services.

Sales of electricity, power, steam, coal, natural gas, liquefied petroleum gas, other fuel, biomass, nitrogen, and other industrial gases are exempt from sales tax when sold to an enterprise or affiliate operating a qualifying data-processing project.

Income arising from a qualifying data-processing project may be exempt from Mississippi income tax for up to 10 years, subject to the project's agreed job requirements; the exemption may be suspended if employment falls below the required level for two consecutive years.

A corporation operating a qualifying data-processing project may receive a franchise-tax fee-in-lieu covering new franchise-tax liability attributable to the project, with the agreement ending when the franchise tax is repealed in 2028 and subject to possible reduction or suspension for failure to maintain required employment.

The MDA may pay an approved participant an incentive equal to 3.15% of qualifying construction costs paid to construction contractors, with payments made no more frequently than quarterly and ending no later than December 31, 2057; payments are limited to available funds in the MMEIA Tax Incentive Fund.

Contracts by the MMEIA or a public agency for qualifying data-processing projects may be exempt from ordinary public-contracting requirements when the MMEIA makes the required public-interest finding and the enterprise concurs; qualifying contracts may then be negotiated.

Public agencies may use an expedited process for site-preparation, utility, infrastructure, road, real-estate-improvement, and public-works contracts for qualifying data-processing projects, including short advertising periods and negotiated awards.

Public agencies may acquire project property at the lowest negotiated price at which the owner is willing to sell and may obtain purchase options without complying with specified appraisal and price requirements that otherwise apply to publicly funded acquisitions.

No oil or gas well may be drilled on or under qualifying project land owned by a nonconsenting project enterprise that owns the surface and all drilling rights, and mining activities on or under qualifying project land require the consent of the enterprise.

A public agency may agree to refrain permanently from using the surface of project land to access minerals retained by the agency, and that agreement may bind future governing authorities.

A public utility may enter a confidential large-customer electric-service agreement with a qualifying data-processing project without Public Service Commission approval, including negotiated pricing and terms that the commission may not modify or cancel during the agreement's term.

For electric facilities serving a qualifying data-processing project, the utility may begin land acquisition and construction before receiving all permits or regulatory approvals, and the facilities may be exempt from competitive-bidding requirements.

Costs for electric facilities serving a qualifying data-processing project, including certain pre-permit and construction costs, are eligible for expedited recovery through interim capacity-rate adjustments or a separate rate rider, subject to audits and prudence review.

Permits for facilities serving a qualifying data-processing project must be prioritized, and local public-notice and preapproval requirements for necessary signage, land-use, or zoning approvals are waived so the approvals can be completed within 30 days of application.

Under the property-tax exemption provisions for new enterprises, data centers as defined in Section 57-113-21 are eligible for discretionary local exemptions on qualifying tangible real or personal property, excluding highway-operated automobiles and trucks; the exemption may not exceed 10 years for the property.

A data center must make at least $20 million in capital investment in Mississippi, create at least 20 new full-time jobs, and pay those jobs an average annual salary of at least 125% of the average Mississippi state wage to qualify as a business enterprise. The statutory eligibility thresholds

The data center must apply for and receive certification from the Mississippi Development Authority before receiving the tax exemptions; the certification must state the deadline for meeting all commitments. Upon approval of the application, the MDA shall issue a certification

The business enterprise must enter into an agreement with the Mississippi Development Authority establishing performance requirements during the exemption period and allowing recapture of all or part of the exempted taxes if those requirements are not met. provisions for the recapture of all or a portion of the taxes exempted

The exemptions are available for only 10 years after certification and remain subject to the business enterprise's performance requirements. exempt from state taxes for a period of ten (10) years

The business enterprise must remain in full compliance with all state and local tax laws, ordinances, and resolutions to claim or use the exemption. in full compliance with all state and local tax laws

The exemption is nontransferable and cannot be assigned to another person, business, or tax account without prior approval from the Mississippi Development Authority. Any exemption provided under this article is nontransferable

The sales and use tax exemptions are limited to certified purchases of component building materials and equipment for initial construction or expansion, and to replacement hardware, software, or other technology necessary to operate the data center; they do not create a general exemption for all data-center purchases. Any sales and use tax imposed

The utility sales-tax exemption applies only to specified electricity, power, steam, coal, natural gas, liquefied petroleum gas, or other fuel sold to a data center that meets the statutory eligibility criteria; the exemption does not apply to taxes imposed under the contractor's tax provision. Sales of electricity, current, power, steam, coal, natural gas

Lowers data-center eligibility requirements to a minimum $20 million Mississippi capital investment, at least 20 new full-time jobs, and average annual salaries of at least 125% of the average state wage. business enterprise

Exempts a certified data center from sales and use tax on component building materials and equipment purchased or leased for certified initial construction or facility expansion. initial construction of facilities or expansion of facilities

Exempts a certified data center from sales and use tax on replacement hardware, software, and other necessary technology used to operate the data center. replacement hardware, software or other necessary technology

Adds an exemption from Mississippi income tax on income earned by a data-center business enterprise certified by the Mississippi Development Authority. All income tax imposed

Adds an exemption from franchise tax based on the value of capital used, invested, or employed by a certified data-center business enterprise. Franchise tax imposed

Provides the state-tax exemptions for 10 years after the Mississippi Development Authority issues certification, subject to the enterprise meeting performance requirements in its agreement with the MDA. exempt from state taxes for a period of ten (10) years

Exempts sales of electricity, current, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel for industrial purposes to a qualifying data center. Sales of electricity, current, power, steam, coal, natural gas

Requires the data center to remain compliant with state and local tax laws, makes the exemption nontransferable without MDA approval, and allows recapture of some or all exempted taxes if performance requirements are not met. nontransferable

To qualify for the data-center tax program, a business enterprise must own or operate a data center with at least $20 million in Mississippi capital investment and create at least 20 new full-time jobs paying at least 125% of the average annual state wage. minimum capital investment

The enterprise must apply for and obtain certification from the Mississippi Development Authority before using the tax exemptions; the certification must specify the deadline for meeting all commitments. MDA shall issue a certification

The exemption lasts ten years but remains subject to performance requirements established in the required agreement with the Mississippi Development Authority. exempt from state taxes for a period of ten (10) years

The enterprise must enter into an agreement with the Mississippi Development Authority establishing performance requirements and allowing recapture of all or part of the exempted taxes if those requirements are not met. provisions for the recapture

The tax exemption is nontransferable and cannot be assigned to another person, business, or tax account without prior Mississippi Development Authority approval. nontransferable

An approved enterprise may not claim or use the exemption unless it is in full compliance with all state and local tax laws, ordinances, and resolutions. full compliance with all state and local tax laws

The construction and technology sales-tax exemptions do not eliminate Mississippi taxes imposed under Sections 27-65-15 or 27-65-21; the Department of Revenue explains that the industrial exemptions do not apply to the 3.5% contractor's tax under Section 27-65-21. do not apply to taxes levied by Section 27-65-15 or 27-65-21

The data-center sales-tax exemptions are limited to specified purchases, including component building materials and equipment for initial construction or expansion and replacement hardware, software, or other necessary operating technology; they do not create a general exemption for all data-center purchases. replacement hardware, software or other necessary technology

A data center qualifies as a "business enterprise" if it makes at least $20 million in Mississippi capital investment, creates at least 20 new full-time jobs, and pays those jobs an average salary of at least 125% of the state average wage.

A certified data center may receive exemptions from sales and use taxes on component building materials and equipment used for initial construction or expansion of certified facilities, and on replacement hardware, software, or other technology needed to operate the data center.

The incentive package may also exempt a certified data center from Mississippi income tax on its earnings and franchise tax on the value of capital used, invested, or employed by the enterprise.

After certification, the data center is exempt from the covered state taxes for 10 years, subject to the performance requirements in its agreement with the Mississippi Development Authority.

The measure exempts qualifying data centers from sales tax on electricity, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel used for industrial purposes, including fuel used to operate or generate electricity for the data center.

The Mississippi Development Authority issues the eligibility certification and sends it to the Department of Revenue, which must establish rules for implementing the tax exemptions.

The exemptions are nontransferable without prior Mississippi Development Authority approval, may be used only while the enterprise complies with state and local tax laws, and may be recaptured in whole or in part if the enterprise fails to meet its performance commitments.

A data center must invest at least $20 million in Mississippi, create at least 20 new full-time jobs, and pay those jobs an average salary of at least 125% of the average annual state wage to qualify as a covered business enterprise. minimum capital investment

The data center must apply for and obtain certification from the Mississippi Development Authority before it can receive the measure's state-tax exemptions. MDA shall issue a certification

A certified data center may use the exemption only while fully complying with all state and local tax laws, ordinances, and resolutions. full compliance with all state and local tax laws

The business must enter into an agreement with the Mississippi Development Authority establishing performance requirements during the exemption period; failure to meet those requirements can trigger recapture of all or part of the exempted taxes. provisions for the recapture of all or a portion

The tax exemption is nontransferable and cannot be applied to another person, business, or tax account without prior Mississippi Development Authority approval. Any exemption provided under this article is nontransferable

Expands eligibility for the data-center tax incentive by reducing the required Mississippi capital investment from $50 million to $20 million, reducing the required new full-time jobs from 50 to 20, and reducing the required average salary from 150% to 125% of the average state wage. reduces the requirements necessary for a data center

Provides a 10-year exemption from specified state taxes after Mississippi Development Authority certification, including sales and use taxes on qualifying construction or expansion materials and equipment, sales and use taxes on replacement hardware, software, and other necessary technology, income taxes on the enterprise's income, and franchise taxes on its Mississippi capital. The exemption is subject to performance requirements, full compliance with state and local tax laws, a performance agreement with the MDA, and possible recapture if requirements are not met; it is nontransferable without MDA approval. exempt from state taxes for a period of ten (10) years

Exempts qualifying data centers from sales tax on electricity, current, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel purchased for industrial purposes, including fuel used to generate electricity or operate related electrical distribution or transmission systems. The data center must meet the criteria in Section 57-113-21, and the exemption does not apply to taxes imposed under Sections 27-65-15 or 27-65-21. Sales of electricity, current, power, steam, coal, natural gas

Data centers are expressly included within the definition of an eligible "project," together with the equipment and real property needed for construction, maintenance, and operation, if approved by the Mississippi Development Authority.

The Mississippi Development Authority must establish a program providing grants, loans, or other financial assistance to local entities to construct or equip an approved project or provide facilities related to it. An electric utility provider may not be a direct recipient of this funding.

A project may qualify as an approved project if it locates or expands in Mississippi with significant regional impact, as determined by the authority.

A project may also qualify if it improves the marketability of potential economic-development sites or facilitates a potential economic-development project through equipment and facilities approved by the authority.

Funded facilities may include site-specific energy infrastructure such as transmission-line and pipeline extensions, substation-capacity enhancements or expansions, rights-of-way near designated industrial or commercial sites, and transformers, breakers, and other equipment needed to process, convert, and deliver electricity at useful voltages for an approved project.

The authority may support priority production-placement agreements with key manufacturers of long-lead-time electrical equipment, including transformers, substations, switchgear, and specialized circuit breakers, for an approved project.

Local entities may accept the assistance and may sell, lease, donate, or otherwise dispose of an approved project or related equipment, property, or facilities as determined by the authority.

Applicants must provide evidence that the project is an approved project, describe the requested assistance and its cost, explain its purpose, and provide any other information required by the authority.

Assistance is subject to binding commitments requiring compliance with statutory and authority-imposed requirements; if those requirements are not met, the authority may require repayment of all or part of the assistance.

Eligibility is limited to a business enterprise that owns or operates a data center with at least $20 million in Mississippi capital investment and 20 new full-time jobs, with average annual pay of at least 125% of the state average wage.

A business seeking the data-center tax exemptions must apply to the Mississippi Development Authority before constructing or acquiring buildings for the project, creating a preconstruction waiting and approval requirement.

The application must include specified project information, including the site, proposed jobs, investment and employment timeline, a two-year business plan with pro forma financial statements and service contracts, evidence of the principals’ expertise, and an acknowledgment of annual job documentation requirements.

The exemptions are unavailable until the Mississippi Development Authority approves the application and issues a certification establishing the date by which the business must meet its commitments.

The business must enter into an agreement with the Mississippi Development Authority specifying performance requirements during the exemption period and allowing recapture of all or part of the exempted taxes if those requirements are not met.

An approved business cannot use the exemption unless it remains in full compliance with all state and local tax laws, ordinances, and resolutions.

The exemption is nontransferable and cannot be applied, used, or assigned to another person, business, or tax account without prior approval from the Mississippi Development Authority.

The business must provide annual documentation demonstrating that it continues to maintain the minimum job requirement.

For property-tax relief, data centers are subject to discretionary local-government approval rather than an automatic exemption, and an application generally must be filed with the local governing authorities by June 1 of the year after the assets are placed in service.

Local property-tax exemptions for qualifying new or expanded enterprise assets cannot exceed ten years for any particular asset.

A qualifying data-center business enterprise may receive state tax exemptions if it invests at least Twenty Million Dollars ($20,000,000.00) in Mississippi, creates at least 20 new full-time jobs, and pays average annual salaries of at least 125% of the average state wage.

The exemption covers sales and use taxes on component building materials and equipment for initial construction or expansion, provided the facilities are certified by the Mississippi Development Authority.

The exemption covers sales and use taxes on replacement hardware, software, or other necessary technology used to operate a data center.

Under the current definition of state tax, the incentive also includes income tax on income earned by the certified business enterprise and franchise tax on its capital, in addition to the specified sales and use taxes.

A business seeking the exemptions must apply to the Mississippi Development Authority before construction or acquisition of the buildings, with information such as the site, proposed jobs, project schedule, a two-year business plan, financial projections, evidence of the principals’ expertise, and an agreement to provide annual job documentation.

After approving the application, the Mississippi Development Authority issues a certification designating the enterprise as eligible and documents the date by which all commitments must be met.

The exemption becomes available upon certification, but remains subject to the enterprise’s performance requirements under its agreement with the Mississippi Development Authority.

The enterprise must enter into an agreement establishing performance requirements and allowing recapture of all or part of the exempted taxes if those requirements are not met.

The exemption is nontransferable and cannot be assigned to another person, business, or tax account without prior Mississippi Development Authority approval; the enterprise also must remain in full compliance with state and local tax laws.

The Mississippi Development Authority must forward the certification to the Department of Revenue, and the Department of Revenue must promulgate rules for implementing the state tax exemptions.

Data centers are listed among the enterprises eligible for discretionary local property-tax exemptions on qualifying assets, including land, buildings, improvements, machinery, furniture, fixtures, equipment, and certain inventories, with an exemption limited to no more than ten years for any particular asset.

An application for the new-or-expanded-enterprise property-tax exemption must be filed with the local governing authorities by June 1 of the year following when the assets are placed in service.

A data center must invest at least $20 million in Mississippi and create at least 20 new full-time jobs paying an average salary of at least 125% of Mississippi's average annual state wage to qualify for the exemption. The eligibility thresholds

The business must apply to and receive certification from the Mississippi Development Authority before construction or acquisition of buildings for the data center begins. The application must be made before construction or acquisition

The certification application must include project details such as the selected site, proposed jobs, the time needed to meet investment and employment commitments, a two-year business plan with pro forma financial statements, information supporting the principals' expertise, and an acknowledgment of annual compliance reporting. The application requirements

After certification, the business must enter into an agreement with MDA establishing performance requirements and potential recapture of all or part of the exempt taxes if those requirements are not met. The performance agreement and recapture requirement

The business must remain in full compliance with all state and local tax laws, ordinances, and resolutions to use the exemption. The tax-compliance condition

The exemption is nontransferable and cannot be assigned to another person, business, or tax account without prior MDA approval. The nontransferability restriction

The exemption applies only to specified categories of state taxes: construction or expansion materials and equipment, replacement hardware, software and necessary operating technology, income tax on certified data-center income, and franchise tax on certified data-center capital. It does not eliminate contractor's tax, vehicle taxes, or the tax under Section 27-65-24(1)(b). The covered state taxes and exclusions

For exempt purchases, component materials, machinery, equipment, software, or other technology must be sold or leased directly to, billed directly to, and paid for directly by the certified data-center business; purchases made through a construction contractor do not qualify. The direct-purchase requirement

The tax exemption lasts for ten years from certification, so the benefit is time-limited rather than permanent. The ten-year exemption term

The certified business must provide annual documentation demonstrating that the minimum job requirement is being maintained. The annual documentation requirement

A certified data center may receive a ten-year exemption from Mississippi state taxes, including income tax, franchise tax, sales and use tax on component building materials and equipment for initial construction or expansion, and sales and use tax on replacement hardware, software, or other technology needed to operate the data center. Eligibility requires at least $20 million of Mississippi capital investment and at least 20 new full-time jobs paying at least 125% of the average annual state wage. The statutory definition includes these investment, job, wage, and tax categories.

The sales and use tax exemption covers both initial construction or expansion purchases and replacement hardware, software, or other necessary operating technology, allowing a qualifying data center to reduce taxes on equipment used after the facility is built. The data-center exemption covers replacement hardware, software, and other necessary technology.

The exemption process allows a business to apply to the Mississippi Development Authority before construction or acquiring buildings, using an application that includes the site, proposed jobs, project schedule, a two-year business plan with pro forma financial statements, information about the principals, and an acknowledgment of annual job-reporting obligations. The application must be made before construction or acquisition.

Once MDA approves the application, it issues an eligibility certification and forwards the certification and necessary information to the Mississippi Department of Revenue so the exemptions can be implemented. MDA must forward the certification to the Department of Revenue.

A data center may qualify for a local industrial exemption of up to ten years from ad valorem taxes on eligible tangible property, because data centers are expressly included among the business types that may receive MDA designation for the industrial exemption. The exemption generally excludes school-district taxes, taxes on finished goods, and taxes on rolling stock, and requires a written application to the county or municipality by June 1 of the following year. Data centers are listed among businesses requiring MDA designation.

A data center may elect MFLEX, a credit usable for up to ten years against qualifying income, franchise, sales, use, and withholding taxes. Withholding-tax offsets are limited to 20% of the MFLEX credit amount applied during a reporting year, and the business must obtain MDA certification and meet the performance requirements in its MFLEX agreement. MFLEX cannot be combined with the listed data-center exemption or certain other incentives. MFLEX can offset income, franchise, withholding, sales, and use taxes.

The data-center exemption is protected against unilateral transfer but may be assigned to another person, business, or tax account only with prior MDA approval; the business must remain compliant with state and local tax laws, and its MDA agreement may recapture some or all exempted taxes if performance requirements are not met. The statute makes the exemption nontransferable, requires tax compliance, and provides for recapture.

To qualify as a statutory data-processing project, construction of the facility must begin after January 1, 2024, data processing must begin by December 31, 2027, the project must commit to at least $10 billion in aggregate capital investment, and it must create at least 1,000 new full-time jobs with average annual pay of at least 125% of Mississippi's average annual wage.

An expansion or additional data-processing facility is included within the statutory project only if it involves at least $500 million in capital investment, creates at least 50 net new full-time jobs, and is reported to the Mississippi Major Economic Impact Authority by written notice.

Data-center projects must be certified by the Mississippi Major Economic Impact Authority to receive the special sales-tax exemptions for construction materials, fixtures, machinery, equipment, technology, repairs, and taxable services.

The special sales-tax exemption for data-center construction materials, fixtures, machinery, and equipment applies only through one year after completion of the applicable facility or other building.

The special sales-tax exemption for data-center operating equipment and services is limited to property and services needed to establish, operate, expand, repair, or maintain the certified project; it does not create a blanket exemption for unrelated purchases.

Sales of electricity, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel receive the special exemption only when sold to an enterprise or affiliate operating a certified data-processing project.

The income-tax exemption for a certified data-processing project is limited to income arising from that project; other income remains taxable, and the exemption does not cover activities that were already subject to Mississippi income tax before project certification.

The data-processing project's income-tax exemption is limited to 10 years and requires the project to create and maintain the minimum annual number of full-time jobs established in a written agreement with the authority. The exemption may be suspended after the job level falls below that minimum for two consecutive years.

A county or municipality granting a fee-in-lieu of ad valorem taxes for a certified data-processing project must impose a fee of at least one-third of the otherwise applicable ad valorem taxes. The agreement may last up to 30 years, but no individual parcel, improvement, or item of personal property may remain under the fee-in-lieu treatment for more than 10 years.

A county or municipality may allocate part of a data-processing project's fee-in-lieu payments and ad valorem taxes to repay public funds advanced for project-related infrastructure or to make payments to the project enterprise, reducing the amount otherwise available for normal local and school-district purposes.

Public agencies may require contractors entering a data-center project site to provide liability insurance naming the project enterprise as an additional insured and to indemnify the enterprise for losses caused by the contractor's negligence or willful acts.

A data-center project's local agreement may require the public agency to provide firefighting, hazardous-materials emergency response, technical rescue, and medical-response assistance for up to 30 years, creating a long-term operational commitment that must be addressed in the project arrangements.

For a certified data-processing project, the public utility serving the project must ensure that any added electric generating facility or energy or capacity source satisfies at least two of three requirements: grid resiliency, fuel diversity, or current or future reduction or minimization of regulated-air-emissions risk.

Qualifying data-center projects may include data-processing facilities that begin construction after January 1, 2024, begin processing data by December 31, 2027, commit at least $10 billion in aggregate capital investment, and create at least 1,000 qualifying full-time jobs with average pay of at least 125% of Mississippi's average annual wage. The definition also covers certain expansions costing at least $500 million and creating at least 50 net new full-time jobs when written notice is provided to the Authority. The data-processing project requirements

Data-center projects and their affiliates may receive a sales-tax exemption for component building materials, fixtures, machinery, and equipment used to construct a data-processing facility or other project buildings, if purchased no later than one year after construction is completed. The construction-materials exemption

The sales-tax exemption also covers equipment and other personal property needed to establish and operate a qualifying data-center project or its expansions, including communications equipment, computers, servers, software, connectivity equipment, emergency-power equipment, replacements, repair parts, and taxable installation, support, operation, repair, and maintenance services. The operating-equipment exemption

Sales of electricity, current, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel to an enterprise or affiliate operating a qualifying data-processing project are exempt from sales tax. The utility sales-tax exemption

Qualifying data-center businesses and their affiliates may receive a Mississippi income-tax exemption for income arising from the project for up to 10 years. The exemption applies only to project income, excludes activities taxable before certification, requires the agreed job level, and may be suspended after two consecutive years below the required job level. The data-center income-tax exemption

The State may issue up to $260 million in general-obligation bonds for a qualifying data-processing project, with issuance authorized through July 1, 2040. Bond proceeds may fund land acquisition, construction, infrastructure, environmental work, employee training, grants, loans, and related project costs. The data-center bond authorization

The Mississippi Major Economic Impact Authority may provide grants to reimburse or defray data-center project costs, including site preparation, utilities, land, infrastructure, roads, public works, buildings, environmental work, recruiting, and training. It may also provide loans to public agencies for those purposes. The Authority's data-center grant and loan powers

An approved participant locating a qualifying data-center project may receive incentive payments equal to 3.15% of construction costs paid to contractors under contracts subject to Mississippi's contractor tax. Payments may be made quarterly, are limited to the balance of the special fund, and must end no later than December 31, 2057. The 3.15% construction-cost incentive

Counties and municipalities may provide financial assistance for qualifying data-center projects, including contributions or loans, and counties may use general funds, general-obligation bonds, or Authority or Development Authority grants and loans. Public agencies may also finance or construct related infrastructure. Local financial and infrastructure assistance

A county or municipality may make grants or other contributions directly to a qualifying data-center enterprise or affiliate, including periodic grants under an agreement binding future governing authorities for up to 30 years. Periodic local grants

A county or municipality may enter into an agreement not to impose project-specific taxes, fees, or assessments beyond those generally imposed on taxpayers, and may enter into a fee-in-lieu agreement lasting up to 30 years, although no particular parcel or item may remain under the fee-in-lieu for more than 10 years. Local tax and fee agreements

For a qualifying data-center project, a county or municipality may use a fee-in-lieu of ad valorem taxes and allocate part of the payment first to repay public financing for project improvements or, under an agreement, to make payments to the enterprise. The minimum fee-in-lieu is generally one-third of the otherwise payable ad valorem taxes. The data-center fee-in-lieu allocation

Qualifying data-center projects may use a franchise-tax fee-in-lieu instead of the regular franchise tax on new project-related liability. The agreement expires when the franchise tax is repealed, does not cover the enterprise's existing operations, and may be reduced or suspended if agreed employment levels are not maintained. The franchise-tax fee-in-lieu rules

Public agencies acquiring real property for qualifying data-center projects are exempt from specified appraisal and purchase-price requirements when the purchase price equals the lowest negotiated price at which the owner is willing to sell. They may also obtain purchase options. The streamlined property-acquisition rules

Contracts by public agencies for site preparation, utilities, real-estate improvements, infrastructure, roads, and public works related to qualifying data-center projects may be exempted from ordinary public-contracting requirements, allowing negotiated awards after one to five days of advertising and qualification procedures. The public-contracting exemption

A qualifying data-center project is protected from drilling and mining activities: no well may be drilled on or under project land owned by a nonconsenting enterprise that also owns the drilling rights, and mining activities on or under project land require the consent of the enterprise. The drilling and mining protections

A public utility may enter into a large-customer electric-service agreement with a qualifying data center without Public Service Commission approval, including negotiated pricing that is protected from later commission alteration or cancellation for the agreement's term. The agreement and pricing are treated as confidential trade-secret information. The large-customer utility agreements

For electric facilities serving a qualifying data center, a utility may begin land acquisition and construction before receiving all permits, regulatory approvals, or regional-transmission-organization approvals; those facilities and contracts are also exempt from competitive-bidding requirements. The expedited utility-construction authority

Utility costs for facilities serving a qualifying data center may be recovered through expedited interim rate adjustments. Utilities may forecast the costs, begin recovery within 30 days after filing rate factors, and recover prudently incurred costs after audits and commission review. The expedited utility cost-recovery process

Permits for facilities serving a qualifying data center must be prioritized, and necessary local signage, land-use, and zoning approvals must be handled within 30 days; related public-notice and preapproval requirements are waived. The 30-day permitting requirement

Local public agencies may provide qualifying data centers with water, natural-gas, and wastewater services at rates no higher than the lowest tariff prices charged to customers using equal or smaller volumes, and may provide firefighting, hazardous-materials, technical-rescue, and medical-response assistance under agreements lasting up to 30 years. The local utility-rate and emergency-service support

Counties may issue bonds or incur other indebtedness for qualifying data-center projects without being subject to the ordinary county debt-limit and bond-sale requirements that would otherwise apply to those obligations. The county-debt and bond-sale exemptions

To qualify as a data-processing project under the Mississippi Major Economic Impact Act, construction must begin after January 1, 2024, data processing must begin by December 31, 2027, and the enterprise and its affiliates must commit to at least $10 billion in capital investment and 1,000 new full-time jobs paying at least 125% of Mississippi's average annual wage.

An additional or expanded data-processing facility receives the Act's project treatment only if the construction or expansion involves at least $500 million in capital investment, creates at least 50 net new full-time jobs, and is reported in writing to the Mississippi Major Economic Impact Authority.

An enterprise seeking assistance must submit extensive documentation, including a two-year business plan, three years of financial statements or tax returns, credit reports for owners with at least 20% interests, evidence of management expertise, a cost-benefit analysis, and other information required by the Authority.

Recipients of assistance must make binding commitments to meet investment and employment requirements and may have to repay some or all assistance, plus penalties or damages; the Authority may also take a security interest or lien on collateral if the commitments are not met.

A data-center income-tax exemption is limited to 10 years and depends on maintaining the minimum annual job level in a written agreement; it may be suspended if employment falls below that level for two consecutive years.

A franchise-tax fee-in-lieu agreement applies only to new project-related liability, expires when the franchise tax is repealed in 2028, and may be reduced or suspended until the project again meets the agreed employment level.

A county or municipality granting an ad valorem fee-in-lieu must collect at least one-third of the otherwise applicable ad valorem taxes, with payments potentially being used first to repay public assistance or pay the enterprise.

A public utility serving a qualifying data-center project must execute a large customer supply and service agreement for the special service framework.

Any electric generating facility or energy or capacity source added to serve the project must satisfy at least two of three criteria: promoting grid resiliency, enhancing fuel diversity, or reducing or minimizing regulated-air-emissions risks.

Before completing project-serving facilities, the utility must provide the Public Service Commission and its staff with information about the facilities or energy contracts, including necessity, location, description, estimated costs, applicable emissions-risk criteria, and purchase contracts.

Required permits, governmental or regulatory approvals, and regional transmission organization tariff requirements remain applicable to project-serving facilities, even though the utility may begin land acquisition or construction before receiving or satisfying them.

The utility must hire an independent public accounting firm to audit construction or purchase costs and may have to pay for an independent consultant's prudence review; those costs are treated as recoverable utility costs.

Utility cost recovery is subject to ongoing audits and procedural reviews, including annual audits, a staff prudence report within 90 days after a facility enters service, Commission action within 60 days, and possible reconsideration hearings when costs are disallowed.

Costs charged to rates while a Commission disallowance is on appeal remain subject to refund or customer credit, creating financial exposure for the utility.

Wells are prohibited on or under qualifying project land in specified circumstances, and mining activities on or under land that is part of a qualifying data-center project require the consent of the enterprise owning or operating the project.

Any binding agreement with future governing authorities to provide firefighting, hazardous-materials response, technical rescue, or medical-response services to a data center may not exceed 30 years.

Qualifies a large data-processing enterprise as a Mississippi Major Economic Impact Act project if construction begins after January 1, 2024, data processing begins by December 31, 2027, the project commits at least $10 billion in aggregate investment, creates at least 1,000 new full-time jobs, and meets the required wage standard. Qualifies large data-processing enterprises

Allows additional or expanded data-processing facilities in Mississippi to qualify as part of the project if they involve at least $500 million in capital investment, create at least 50 net new full-time jobs, and are reported in writing to the authority. Additional data processing facilities

Defines the project area for a qualifying data-processing project as any area or territory within Mississippi, allowing project facilities and related improvements to be located statewide. Any area or territory within the state

Allows public-agency contracts for data-center site preparation, utilities, real-estate improvements, infrastructure, roads, and public works to be exempt from ordinary competitive-bidding requirements, subject to specified advertising and contractor-qualification procedures. May be exempt from Section 31-7-13

Allows the authority or a public agency, after required findings and enterprise concurrence, to negotiate contracts for acquiring, constructing, or installing a data-processing project and related public facilities instead of following ordinary contracting procedures. Contracts may be entered into on the basis of negotiation

Authorizes grants to data-processing enterprises and grants or loans to public agencies for site preparation, utilities, land, infrastructure, roads, public works, recruitment, training, planning, environmental mitigation, and related project costs. Provide grant funds to reimburse or otherwise defray the costs

Authorizes up to $260 million in state general-obligation bonds for data-processing projects, with proceeds available for facilities, land, design, construction, infrastructure, training, grants, loans, and related costs; issuance is authorized through July 1, 2040. Bonds shall not exceed $260 million

Allows counties and municipalities to support data-center projects with general funds, general-obligation bonds, other permitted debt, grants, loans, property transfers, and construction or acquisition of related facilities and infrastructure. May appropriate monies from the county's general fund

Allows counties and municipalities to make periodic grants or other contributions to a data-center enterprise or affiliate under agreements binding future governing authorities for up to 30 years. Make one or more grants or other contributions of funds

Allows local public agencies to transfer property to one another, the state, the authority, or the Mississippi Development Authority, with or without consideration, for data-center projects and related infrastructure. Transfer and convey among themselves

Exempts qualifying property acquisitions for data-center projects from specified appraisal and price requirements when the purchase price is the lowest negotiated price acceptable to the owner; public agencies may also obtain purchase options on that basis. Exempt with respect to such property

Allows counties and municipalities to remit portions of data-center fee-in-lieu and ad valorem tax revenues to the authority or Mississippi Development Authority for up to 30 years to repay public-improvement funding, with agreements binding future governing authorities. A portion of any fee-in-lieu of ad valorem taxes

Allows a county or municipality to grant a fee-in-lieu of ad valorem taxes for a data-processing project, generally requiring at least one-third of otherwise applicable ad valorem taxes; payments may first repay public-improvement advances or be paid to the enterprise under an agreement. Minimum sum allowable as a fee-in-lieu

Exempts qualifying data-center project purchases and leases from sales tax, including construction materials, fixtures, machinery, equipment, communications and computer hardware, servers, software, connectivity equipment, emergency power equipment, replacements, repair parts, and taxable installation or maintenance services. Equipment and other personal property needed to establish and operate the project

Exempts electricity, power, steam, coal, natural gas, liquefied petroleum gas, and other fuel sold to an enterprise or affiliate operating a certified data-processing project from sales tax. Sales of electricity, current, power, steam

Provides a state income-tax exemption for income arising from a certified data-processing project for up to 10 years, subject to the project's written job commitment; the exemption may be suspended after two consecutive years below that commitment. Income-tax exemption may not exceed 10 years

Allows a certified data-processing project to negotiate a franchise-tax fee-in-lieu applying only to new franchise-tax liability attributable to the project; it expires in 2028 when the franchise tax is repealed and may be reduced or suspended if job commitments are not met. Applies only to new franchise-tax liability attributable to the project

Creates an MMEIA Tax Incentive Fund that can pay an approved participant 3.15% of qualifying construction costs paid to contractors under taxable construction contracts, no more often than quarterly and only while funds are available; payments are available through December 31, 2057. Three and fifteen one-hundredths percent

Allows local public agencies to enter agreements binding future governing authorities for up to 30 years to waive or reduce building-permit and privilege-license fees, set specified water and wastewater rates, and provide firefighting, hazardous-materials, technical-rescue, and medical-response assistance. Provide emergency-response assistance

Creates a special utility regime allowing a utility to provide exclusive electric service to a qualifying data-center customer under a confidential large-customer supply and service agreement with negotiated pricing and terms; Commission approval is not required, and the Commission generally cannot alter or cancel the agreement during its term. No approval by the Commission is required

Allows utilities to construct, acquire, or improve generation, transmission, and distribution facilities for a data-center customer without the usual prior certificates, approvals, competitive-bidding requirements, or regional-transmission approvals, subject to specified information and other statutory requirements. No action shall be required before constructing

Allows a utility to begin land acquisition and construction before receiving all permits and regulatory approvals; covered long-lead, preconstruction, construction, property-acquisition, and infrastructure costs are treated as used and useful, subject to prudence review. Begin land acquisition or construction activities

Provides expedited utility cost recovery through forecasted revenue requirements, interim capacity-rate adjustments or a separate rate rider, audits, and recovery of prudently incurred facility and purchased-energy or capacity costs. Utilities may annually forecast revenue requirements

Requires applications for state, county, local, and other permits associated with data-center electric facilities to be prioritized, waives specified public-notice and preapproval requirements for signage, land use, and zoning, and allows necessary approvals to be completed within 30 days. Permitting applications shall be prioritized

Prohibits oil and gas wells and mining activities on or under land that is part of a qualifying data-center project without the enterprise's consent, subject to statutory ownership conditions for drilling rights. No mining activities on or under project land

Allows public agencies to enter agreements binding future governing authorities to refrain permanently from using the surface of project land to access retained mineral interests, protecting qualifying data-center sites from future surface-access conflicts. Perpetually refrain from using the surface