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The Data Center Divide

Valencia County

Pro-Data Center Policies

Valencia County enacted financial support for expanding an existing data center, using local tax revenue from construction; funding requires permanent job creation and performance targets. It adds no described limits on building or operating data centers.

Incentives

Infrastructure funding

Dedicates 50% of Valencia County’s construction-related gross receipts and compensating tax increments for ten years to public infrastructure supporting Greater Kudu’s expansion, as documented in the companion Village ordinance’s account of the County’s separate March 4, 2026 ordinance.

current law · County project: Greater Kudu, LLC data center project in the Village of Los Lunas
Lists New Mexico Ordinance 2026-01 as a Valencia County 2026 ordinance concerning a Local Economic Development Act project for Greater KUDU LLC.New Mexico Ordinance 2026-01 (2026)

What this means

The measure offers public financial support for expanding an existing data center, using local gross-receipts-tax revenue generated by construction (support for the data center expansion). LEDA funding is conditional on creating permanent jobs and meeting performance requirements, but the sources describe no new limits on building or operating data centers (project eligibility requirements).

People behind it

  • State agency responsible for administering the LEDA program, determining eligibility, conducting due diligence, and overseeing LEDA investments.

  • Local government and fiscal agent for the Greater Kudu LEDA project; its governing body adopted Ordinance 486 approving the project.

  • Moved approval of Ordinance 486 approving the Greater Kudu LEDA project.

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  • Seconded the motion to approve Ordinance 486 approving the Greater Kudu LEDA project.

Restrictions & requirementsHide restrictions & requirements10
  • For a data center seeking LEDA funds as a non-retail service provider, more than 50% of its revenue must come from clients outside New Mexico; the company must also own or lease a New Mexico facility and remain in good standing with state entities. Company eligibility requirements

  • A project must make significant investment in permanent capital infrastructure, constitute an expansion or relocation, create permanent full-time direct jobs, and be sufficiently funded and ready to proceed. Project eligibility requirements

  • Any LEDA-funded project must provide security equal to the amount of the LEDA public investment, such as a letter of credit, surety bond, mortgage, lien, security interest, or UCC filing. Security requirement

  • LEDA funds are available only on a reimbursement basis after the company incurs eligible expenses and satisfies the performance benchmarks in the project participation agreement. Reimbursement requirement

  • LEDA funding is limited to eligible costs, including land, buildings, infrastructure, and public works improvements essential to the company’s location or expansion. Reimbursable-cost limitation

  • Before a LEDA project can proceed, the local fiscal agent must hold a public hearing and adopt an ordinance containing the project participation agreement and intergovernmental agreement. Public-process requirement

  • The project participation agreement must impose job-creation requirements, public-investment distribution milestones, and clawback requirements. PPA requirements

  • The fiscal agent must obtain prior Economic Development Department approval for every disbursement or reimbursement and keep project funds in a separate account. Disbursement controls

  • LEDA projects must submit quarterly job reports and annual economic-impact data for the duration of the project. Reporting requirements

  • A LEDA funding decision is discretionary and subject to a formal application, additional due diligence, and local approval; the initial provisional offer does not guarantee funding. Conditional LEDA offer

Benefits & exceptionsHide benefits & exceptions9
  • LEDA funds may be provided to a local government to assist an eligible company that is expanding or relocating in New Mexico, including the Greater Kudu data-center expansion. assist expanding or relocating companies

  • LEDA funding may reimburse land, buildings, infrastructure, and essential public-works improvements, which can support construction or expansion of a data center. Eligible costs may include

  • The approved Greater Kudu measure provides public support for expanding the existing data center using certain local gross-receipts-tax revenues generated by project construction. from certain local gross receipts tax revenues generated by construction of the Project

  • LEDA investments are paid on a reimbursable basis after the company incurs eligible expenses and meets the performance benchmarks in its project participation agreement. strictly reimbursable basis

  • The local government acts as the fiscal agent, receiving LEDA funds and disbursing or reimbursing the company after Economic Development Department approval; funds must be kept in a separate account. acts as the fiscal agent

  • A qualifying company may receive LEDA consideration if it manufactures in New Mexico or provides a non-retail service deriving at least 50 percent of revenue from outside New Mexico, maintains a New Mexico facility, and is in good standing with state entities. at least fifty percent of total revenues generated from a client base outside of New Mexico

  • Eligible projects may receive LEDA support only if they make significant permanent-capital investments and create permanent full-time direct jobs; the project must also be sufficiently funded and ready to proceed. significant investment into permanent capital infrastructure

  • LEDA projects receive a formal public-process mechanism: the local governing body adopts an ordinance containing a project participation agreement and an intergovernmental agreement that set funding milestones, job requirements, and clawback terms. The project ordinance passed by the local community includes a PPA

  • Any LEDA project must provide security equal to the amount of the public LEDA investment, such as a letter of credit, surety bond, mortgage security, lien, or other qualifying security. provide security equal to the LEDA public investment

Sources

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