Elko County
For Elko County, see Nevada’s statewide laws and regulations below. No additional county-specific measures are listed in our research.
Slightly Pro-Data Center Policies
Nevada offers approved data centers potentially large, long-term tax breaks, but projects must meet investment, hiring, wage, and other commitments, and may have to repay benefits for noncompliance. Some applicants also face added tax, water, electricity, and community-impact conditions.
Incentives
Tax benefits4
Provides partial local school support sales/use tax abatements on eligible machinery or equipment for approved new or expanded data centers.
Provides partial personal-property tax abatements for qualifying new or expanded data centers.
Authorizes partial property and sales/use tax abatements for qualifying new or expanded data centers.
Proposes additional abatements for qualifying subsequent expansions, extends rural abatement options to rural communities within large counties, and creates a small-business abatement option with reduced thresholds.
current law · StatewideThis statewide executive order establishes conditions for data-center tax-abatement applications that may include facilities proposed in Lander County.Nevada Executive Order 2026-005
What this means
The measure makes tax breaks harder to get by requiring applicants to pay certain taxes in full and make commitments on water, electricity, and community impacts. It also promises clearer, faster reviews, and the added conditions mainly affect projects seeking tax breaks, so the overall burden is meaningful but limited.
People behind it
- Governor Joe Lombardo
Issued and signed Executive Order 2026-005 establishing the Nevada Standard for Responsible Data Center Development.
- Executive Director of the Governor’s Office of Economic Development
Administers application requirements, publishes the Nevada Community Support Commitment, and processes applications.
- Governor’s Office of Economic Development
Administers the tax abatement process, including processing applications and assessing eligibility and qualifications.
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- Director of the Office of Energy
Prepares the Responsible Speed to Power Plan required by the order.
- Electric utilities
Partners in developing and delivering the Responsible Speed to Power Plan.
- Board of Economic Development (GOED Board)
Receives applications for abatements and determines abatements.
- Regional Development Authorities
Work with companies submitting tax abatement applications to GOED.
- Department of Taxation
Provides the tax abatement package after an approved company signs its contract with GOED.
Restrictions & requirementsHide restrictions & requirements7
A data center seeking a partial tax abatement must pay the Local School Support Tax in full and provide for a combined sales and use tax rate of at least 4.6 percent, with neither tax abated.
Before a data-center abatement application can go before the GOED Board, the applicant must sign the Nevada Community Support Commitment. It covers water, ratepayers, grid reliability, siting and neighbors, workforce, community benefit, transparency, and speed to power.
The Commitment must require the facility to meet the water standard for its location and bear the cost of serving it so other utility customers do not bear that cost.
During a declared grid emergency, the facility must comply with applicable load-reduction requirements, including utility or balancing-authority directions, and must not displace firm service to homes and existing businesses. Essential-service facilities receive applicable program treatment only if their development and operation do not increase risks to power stability or availability, or energy costs, for existing customers.
An uncured material failure to meet the Commitment can suspend the abatement and require proportionate recapture to the extent permitted by law. A material failure to meet a grid-reliability obligation during a declared grid emergency is a default without a cure period.
The state may not bring a data-center abatement application before the Board if the applicant or facility operator is owned or controlled by, or subject to the direction of, a U.S.-designated foreign adversary.
The order took effect immediately and applies to abatement applications the Board had not yet acted on; it does not apply to applications already approved or agreements under them.
Benefits & exceptionsHide benefits & exceptions5
Qualifying data centers may apply for a partial abatement under NRS 360.754 if they execute the Nevada Community Support Commitment and pay the combined sales and use tax rate of at least 4.6% in full. The Sales and Use Tax Act tax and Local School Support Tax cannot be abated, and the Board retains discretion over approval. Partial abatement requirements
For complete applications, the state must use uniform terms and put the application on the Board’s next lawful agenda. It must notify applicants of incompleteness within 30 days and may not require payments or exactions beyond taxes and obligations the applicant undertakes. Application requirements
The state must prepare a Responsible Speed to Power Plan identifying facilities needed for anticipated large loads through 2036, process delays, and each utility’s commitment to bring capacity online. The Energy Director may also ask the Commission to consider an investigatory docket on large-load service and related issues. Power plan and utility commitments
Applications or agreements approved before the order’s effective date are not subject to it, and approved facility terms continue for the abatement term. Prior approvals
A facility providing designated essential services, such as emergency communications or health care, is to be treated as an essential service under the applicable program, provided its development and operation do not increase risks to power stability or availability, or energy costs, for existing customers. Essential-service treatment
Sources
current law · StatewideThis statewide statute provides a partial local sales-and-use-tax abatement for qualifying data-center equipment used at an eligible facility in Lander County.Nevada NRS 374.356
What this means
The measure offers qualifying data centers a substantial tax break on eligible equipment, lasting up to 10 or 20 years. But it is conditional: projects must meet major investment, job, wage, and benefit requirements, and may have to repay the tax break if they fail to comply (abatement periods and conditions).
People behind it
- Senator Roberson
Primary sponsor of S.B. 170.
- Senator Ford
Primary sponsor of S.B. 170.
- Senator Lipparelli
Primary sponsor of S.B. 170.
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- Senator Harris
Primary sponsor of S.B. 170.
- Assemblyman Kirkpatrick
Joint sponsor of S.B. 170.
- Assemblyman Hambrick
Joint sponsor of S.B. 170.
- Office of Economic Development
Receives and approves applications for the data-center tax abatement, issues eligibility certificates, and administers the abatement.
- Department of Taxation
Administers the local sales and use tax provisions, investigates compliance, and receives repayment of abatements when required.
- Nevada Tax Commission
Adopts regulations concerning capital investment and security and may determine whether a data center substantially complied with abatement requirements.
Restrictions & requirementsHide restrictions & requirements2
Data centers must pay the Local School Support Tax on taxable equipment and other tangible personal property used, stored, or consumed in Nevada. The rate is 2.25% plus an additional 0.35%, for a combined 2.60% tax, unless an exemption or abatement applies. NRS 374.190 and NRS 374.191
A data center may receive a partial tax abatement only after applying to the Office of Economic Development and obtaining approval under NRS 360.754. The abatement is limited to eligible machinery or equipment specifically necessary for the data center or a colocated business; vehicles, buildings, and structural components of buildings are excluded. The abatement period is limited to 10 years for qualifying applicants under NRS 360.754(2)(d) and 20 years for applicants under subsection 2(e). NRS 374.356
Benefits & exceptionsHide benefits & exceptions12
A new or expanded data center may apply to the Office of Economic Development for a partial abatement of Nevada local sales and use taxes on eligible machinery and equipment used at the data center.
The local sales and use tax abatement may last up to 10 years for the lower investment-and-employment tier or up to 20 years for the higher tier. The abatement is limited to eligible machinery or equipment and does not cover vehicles, buildings, or structural components of buildings.
A data center may receive a partial abatement of personal property taxes for eligible property located at the data center. The abatement may cover up to 75 percent of those taxes, for 1 to 10 years under the lower tier or 10 to 20 years under the higher tier.
Businesses that colocate at a qualifying data center may also receive a partial tax abatement if they contract to use or occupy all or part of the data center for at least two years. Their abatement cannot exceed the data center’s abatement and cannot last longer than their contract.
The Office of Economic Development must approve a data-center abatement application when it determines that the application satisfies the statutory requirements, including a State Plan consistency determination, an agreement with the Office, Nevada registration or a commitment to obtain required local licenses and permits, required employment and capital investment, and wage and health-benefit standards.
The measure creates two qualification tiers: a data center seeking an abatement of up to 10 years must reach at least 100 full-time employees and $100 million in cumulative in-state capital investment within five years, while a data center seeking an abatement of more than 10 and up to 20 years must reach at least 200 full-time employees and $250 million in cumulative in-state capital investment within five years.
The data center must pay employees an average hourly wage of at least 100 percent of Nevada’s statewide average hourly wage and provide qualifying health insurance, including dependent coverage, within one year after the abatement becomes effective.
An approved data center may receive the abatement only after entering an agreement requiring continued operation in Nevada for a period set by the Office of at least 10 years, continued compliance with eligibility requirements, and binding successors in interest.
The measure allows the data center to include modular or preassembled components, associated telecommunications and storage systems, and networks connecting multiple buildings or physical locations within the statutory definition of a data center.
A data center that stops operating or stops meeting the requirements may generally be required to repay the abatements, with interest, although the Nevada Tax Commission may determine that the data center substantially complied with the requirements.
The Office of Economic Development may approve colocated-business abatements alongside the data-center abatement, and must provide the Department of Taxation and affected county officials with the qualifying colocated-business list and updates.
Applications under the data-center abatement program may not be approved after January 1, 2036, and the program expires by limitation on December 31, 2056.
Sources
current law · StatewideThis statewide statute provides the personal-property-tax abatement component of Nevada’s data-center incentive program for qualifying facilities located in Lander County.Nevada NRS 361.0683
What this means
The measure offers a substantial incentive: approved data centers can receive up to a 75% reduction in personal-property taxes for as long as 10 or 20 years, depending on the application type (up to 75 percent). The benefit is conditional on state approval, so it is significant but not an unrestricted incentive (if approved).
People behind it
- Office of Economic Development
Receives and approves applications for the data-center personal-property tax abatement under NRS 360.754.
- Executive Director of the Office of Economic Development
Must notify the affected county assessor of the abatement's approval, duration, percentage, and applicability to colocated businesses, and provide annual eligibility updates.
- GOED Board
Reviews and determines tax-abatement applications under the Governor’s Office of Economic Development process.
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- County assessor
Receives notice of approved abatements and annual eligibility determinations and administers the abatement on the county’s personal-property tax records.
- Department of Taxation
Provides the tax-abatement package after an approved agreement so the company can claim the authorized abatement.
Restrictions & requirementsHide restrictions & requirements10
A data center seeking the personal-property-tax abatement must apply through the Governor’s Office of Economic Development under NRS 360.754 and obtain approval; the abatement is not automatic. The application process includes submission through a regional development authority, GOED review, and approval by the GOED Board. The application and approval requirements
To qualify for a 10-year data-center abatement, the applicant and its tenants must, within five years, employ at least 10 full-time Nevada residents, pay at least 100 percent of the statewide average wage, and make at least $25 million in cumulative capital expenditures.
To qualify for a 20-year data-center abatement, the applicant and its tenants must, within five years, employ at least 50 full-time Nevada residents, pay at least 100 percent of the statewide average wage, and make at least $100 million in cumulative capital expenditures.
The company must maintain its business in Nevada for at least 10 years as a condition of the data-center abatement.
The company must be registered under Nevada law to qualify for the data-center abatement.
The company must offer a medical-insurance plan and pay at least 65 percent of the plan’s premium costs.
At least 50 percent of all workers engaged in constructing the data center must be Nevada residents.
Beginning September 16, 2026, the applicant must satisfy the requirements identified in Executive Order 2026-005, including paying the school-support tax, complying with applicable location-specific water standards, paying the full incremental cost of electrical service, helping protect grid reliability by reducing load during declared emergencies when required, providing transparency and reporting, and remaining free of foreign-adversary ownership or control.
The personal-property-tax abatement is limited to no more than 75 percent of the applicable taxes. The standard pathway may last from one to 10 years, while the larger-investment pathway may last from 10 to 20 years and remains subject to any limitation in NRS 360.750. The statutory abatement limits
A data center receiving the abatement must remain eligible each succeeding fiscal year; the Executive Director of GOED must advise the county assessor by April 15 whether the data center and any colocated business remain eligible for the next fiscal year. The annual eligibility review
Benefits & exceptionsHide benefits & exceptions7
A new or expanding data center may apply to the Office of Economic Development for a partial abatement of Nevada personal-property taxes on property located at the data center. A person who intends to locate or expand a data center may apply
The personal-property tax abatement may reduce the data center’s annual personal-property taxes by up to 75%. A standard abatement may last 1 to 10 years, while an abatement under the longer-term program may last 10 to 20 years, subject to the requirements and limits of NRS 360.754 and NRS 360.750. Not exceed 75 percent of the taxes payable
The data-center personal-property abatement can apply to qualifying colocated businesses, allowing eligible tenants or other colocated operations to receive the benefit when the approval covers them. The applicability of the partial abatement to any colocated business
Data-center applicants may receive a sales-and-use-tax abatement for qualified capital-equipment purchases for up to 10 or 20 years, potentially reducing the rate to as low as 2%, if the GOED Board approves the reduction to 2% by a two-thirds vote. Sales and use tax abatement for up to 10 or 20 years
The 10-year data-center abatement requires, within five years, at least 10 Nevada-resident full-time employees, wages of at least 100% of the statewide average wage, and at least $25 million in cumulative capital expenditures by the applicant and tenants; the 20-year option requires 50 such employees and at least $100 million in cumulative capital expenditures. 10-year Abatements 20-year Abatements
Companies receiving data-center abatements must maintain the business in Nevada for 10 years, register under Nevada law, provide medical insurance while paying at least 65% of premiums, and ensure that at least 50% of workers constructing the data center are Nevada residents. Company applying for Data Center Tax Abatements also must meet
The abatement process provides a defined application and approval pathway: the company applies through the relevant Regional Development Authority, GOED analyzes eligibility and the economic impact, the GOED Board decides the application, and an approved company receives an abatement agreement and tax-abatement package. TAX ABATEMENT APPLICATION PROCESS
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current law · StatewideNevada's statewide public-utility definition covers electricity plants or equipment within this State, subject to a data-center-specific exclusion: plant or equipment used by a data center to produce, deliver or furnish electricity at agreed-upon prices to persons on its premises solely for storing, processing or distributing data is excluded, only for electric-service operations.Nevada NRS 704.021(13)
What this means
Analytical judgment, aligned with Net Effect: the targeted public-utility exclusion reduces regulatory exposure for qualifying on-premises electric-service arrangements, but does not exempt other operations or unrelated legal requirements.
Benefits & exceptionsHide benefits & exceptions1
Excludes data-center plant or equipment producing, delivering or furnishing electricity at agreed-upon prices to people on the premises solely storing, processing or distributing data. The exclusion applies only to electric-service operations and incorporates the NRS 360.754 definition of data center.
Sources
current law · StatewideAuthorizes partial property-tax and sales-and-use-tax abatements for new or expanded Nevada data centers under NRS 360.754, subject to an agreement with the Office of Economic Development, Nevada registration and permits, minimum Nevada employment, capital investment, wage, health-insurance, and construction-workforce requirements, and possible abatements for qualifying colocated businesses.Nevada NRS 360.754
What this means
The measure offers substantial tax breaks to qualifying data centers, making building or expanding in Nevada more attractive. The breaks require significant investment, hiring, wage, and operating commitments, so the benefits are meaningful but limited to projects that meet those conditions.
People behind it
- Senator Michael Roberson
Listed as a primary sponsor of SB170.
- Senator Aaron Ford
Listed as a primary sponsor of SB170.
- Senator Mark Lipparelli
Listed as a primary sponsor of SB170.
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- Senator Becky Harris
Listed as a primary sponsor of SB170.
- Assemblywoman Marilyn Kirkpatrick
Listed as a joint sponsor of SB170.
- Assemblyman John Hambrick
Listed as a joint sponsor of SB170.
- Assemblywoman Teresa Benitez-Thompson
Sponsored Assembly Bill 400 and submitted Proposed Amendment 5874.
- Legal Division
Prepared Proposed Amendment 5874.
- Office of Economic Development
Administers the abatement program, including reviewing applications, determining eligibility, approving abatements, and issuing certificates.
- GOED Board
Reviews and approves or denies tax abatement applications.
- Board of Economic Development
Must approve by a two-thirds vote an application seeking abatement of Local School Support Tax.
- Nevada Tax Commission
Adopts regulations concerning capital investment and security requirements and may determine compliance with the statute.
- Department of Taxation
Administers tax-related provisions, including investigating eligibility, conducting compliance audits, and providing abatement packages.
- Executive Director of the Office of Economic Development
Carries out specified administrative actions, including notifying county assessors of abatement approvals.
- County assessor
Receives approval and eligibility notices and administers the property-tax abatement process at the county level.
- County treasurer
Receives property-tax abatement certificates and applicable repayments, and deposits recovered funds as prescribed.
Restrictions & requirementsHide restrictions & requirements13
These conditions govern access to a tax abatement, not a general ban on building or operating a data center. To qualify, an applicant must be registered in Nevada or commit to obtaining a valid business license and all permits required by each county, city, or town where the center operates.
For an abatement of up to 10 years, a data center generally must reach at least 10 full-time Nevada-resident employees by year 5 and maintain that level through year 10, and invest at least $25 million in qualifying capital assets in each county where it is located by year 5. For an abatement longer than 10 and up to 20 years, the thresholds are 50 employees maintained through year 20 and $100 million invested in each county by year 5.
Both abatement tracks generally require wages averaging at least 100% of Nevada’s statewide average hourly wage, qualifying health insurance with dependent coverage within two years, and at least 50% Nevada-resident construction workers. The construction-worker requirement may be waived if too few qualified Nevada residents are available.
An abatement agreement must require the data center to continue operating in Nevada for a period set by the Office of Economic Development of at least 10 years and to keep meeting eligibility requirements during that period. The agreement binds successors in interest.
The Office must request an acknowledgment letter from each affected county, school district, city, or town before considering an application. It must act at a public meeting and give affected local entities and the public at least 30 days’ notice.
An application seeking an abatement of Local School Support Tax requires approval by at least two-thirds of the Board of Economic Development.
The required agreement must be executed within one year after the Office receives the application; otherwise, the applicant must submit a new application.
The Office may impose stricter eligibility requirements or add requirements, though it may also approve an applicant that does not meet certain listed employment, investment, wage, or construction requirements.
The Nevada Tax Commission must adopt rules concerning qualifying capital investment and any security a data center must post, which may add a security cost.
The data center must provide records needed to verify eligibility when requested and keep specified employee records documenting residency, full-time status, and health-plan coverage.
If the data center stops meeting requirements or stops operating before the agreed term ends, it generally must repay the abatement with interest, unless the Nevada Tax Commission finds substantial compliance.
The abatement for eligible personal property taxes is capped at 75% of the taxes payable, limiting the tax relief available.
The Office may not approve an application received on or after January 1, 2036.
Benefits & exceptionsHide benefits & exceptions11
A qualifying new or expanded data center may receive partial property-tax and sales-and-use-tax abatements for up to 10 or 20 years. The personal-property-tax abatement is capped at 75%; the sales-and-use abatement applies to eligible equipment, not buildings or structural components. The 10-year tier generally requires at least 10 Nevada-resident full-time employees and $25 million in capital investment; the 20-year tier requires at least 50 employees and $100 million. Both tiers also have wage, health-benefit, and construction-workforce requirements, and the center must agree to operate for at least 10 years. Applications cannot be approved on or after January 1, 2036.
The sales-and-use-tax rate on eligible purchases may be reduced to 2% with approval by at least two-thirds of the Board of Economic Development; otherwise, the rate may be 4.6%. An abatement of Local School Support Tax also requires approval by at least two-thirds of the Board.
A qualifying business colocated at the data center may receive a partial tax abatement if it has a state business license and a contract to use or occupy part of the center for at least two years. Its abatement cannot exceed the data center’s percentage abatement or the contract term, and it ends if the center loses eligibility or ceases operation.
The Executive Director may waive the requirement that at least 50% of construction workers be Nevada residents if the data center documents that too few qualified Nevada residents are available.
An applicant may qualify by committing to obtain the required business license and local permits, rather than holding them when it applies.
The Office of Economic Development may approve an abatement even when a data center does not meet the standard employment and investment requirements, if the Office determines approval is necessary.
A data center in a qualifying large project may benefit from state general-obligation bonds for infrastructure identified in an approved economic-development financing agreement. Approval requires sufficient pledged revenues; bonds are limited to $175 million per agreement and $200 million outstanding in total.
A local government may abate permitting or licensing fees for a participant in a qualifying large project, which may include a data center. The local government must first establish a pilot project by ordinance or regulation.
A business with an approved sales-and-use-tax abatement may present a state-issued certificate to retailers. If it paid eligible tax before receiving the certificate, it may seek a refund; failing to present the certificate for at least half of eligible purchases can trigger a penalty.
Audit reports shared with the Office of Economic Development remain confidential and nonpublic while the business’s appeals are pending; afterward, trade secrets and other protected confidential proprietary information may be redacted.
The 2019 amendatory provisions do not apply to a data-center abatement granted, or an abatement application filed, before July 1, 2019.
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pending · StatewideStorey County proposed legislation for the 2027 Nevada legislative session would revise Nevada’s data-center tax-abatement program by shortening abatement periods, increasing capital-investment and employment thresholds, raising wage and health-insurance requirements, and prohibiting abatements for facilities located wholly or partly on federal land.Nevada BDR 32-575 (2027)
What this means
The proposal would make tax breaks shorter and harder to qualify for, adding costs for data center projects that rely on them. A county permit supports on-site power generation, but it does not offset the broader reduction in financial incentives.
People behind it
- Storey County
Proposed the Omnibatement Bill (BDR 32-575) and submitted a proposal to revise the state data center tax break program.
- Storey County Commission
Proposed changes to state data center tax breaks.
- Senator Rogich
Identified as the requester proposing BDRs 610–612.
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- Nevada Governor’s Office of Economic Development
Would administer and oversee specified requirements under the measure, including abatements, approvals, waivers, reporting, and eligible business categories.
- Nevada Department of Taxation
Would conduct enhanced audits and compliance reporting under the measure.
Restrictions & requirementsHide restrictions & requirements17
Prohibits tax abatements for data centers located wholly or partially on federally owned land.
Requires a data center that previously received a tax break to return future incentives if it moves or expands onto federal land.
Shortens the maximum data-center tax-abatement periods from 10 years to 5 years and from 20 years to 10 years.
Raises the required capital-investment thresholds from $25 million to $50 million and from $100 million to $200 million.
Raises the required Nevada full-time-employee thresholds from 10 to 15 and from 50 to 60; jobs created by entities renting space in the facility may be counted.
Raises the required wage floor from 100% to 110% of Nevada's statewide average hourly wage.
Requires companies receiving abatements to pay at least 65% of employee-only health-insurance premiums.
Imposes residency requirements for data-center construction jobs, with waivers available only through GOED.
Limits contractors' eligibility for partial abatements to qualifying equipment and services used in data-center construction.
Limits GOED's ability to waive statutory data-center abatement requirements.
Requires data centers in Clark and Washoe counties to obtain a relevant local government's endorsement before receiving a tax abatement.
Allows the local government, after a public hearing, to reject the endorsement or change the proposed abatement's terms, and prohibits GOED from overriding that decision.
Expands early-notice requirements to local governments before a data-center abatement is approved.
Requires abated data centers to undergo Department of Taxation audits and compliance reporting, including audits at the five- and 10-year marks; five-year abatements receive one audit and 10-year abatements receive two.
Requires GOED to submit a comprehensive report on abated data centers by September 1, 2030.
Authorizes GOED to contract with independent experts to analyze data-center energy and water use, creating an additional review requirement.
Requires disclosure of each subsidized data center's projected and actual electricity and water use, as well as local-government revenue generated and revenue lost because of the incentives.
Benefits & exceptionsHide benefits & exceptions11
Provides a 75 percent abatement of personal-property taxes for qualifying data centers’ eligible personal property, including facility equipment, subject to statutory eligibility requirements and a limited abatement period.
Provides a reduced 2 percent sales-and-use tax rate for qualifying data centers’ purchases of equipment and other eligible tangible personal property, subject to statutory eligibility requirements and a limited abatement period.
Provides a partial modified-business-tax abatement for qualifying data-center operators, subject to statutory eligibility requirements and a limited abatement period.
Allows partial abatements for qualifying equipment and services used in data-center construction, including equipment and services provided by eligible contractors.
Allows employees of colocated businesses or facilities to count toward the required Nevada full-time employee total.
Allows GOED to waive certain construction-job residency requirements, subject to the bill’s limits on waiver authority.
Allows qualifying subsequent expansions of an existing project to receive additional tax abatements.
Allows out-of-state sales and import substitution to count when determining eligibility for general tax abatements.
Allows GOED to administratively approve partial abatements of up to $500,000, subject to a written-objection process.
Extends rural partial-abatement options to rural communities located within otherwise large counties.
Creates a small-business abatement option with reduced eligibility thresholds for qualifying smaller data-center businesses.
Sources
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