Lenoir County
For Lenoir County, see North Carolina’s statewide laws and regulations below. No additional county-specific measures are listed in our research.
Slightly Pro-Data Center Policies
North Carolina offers eligible data centers conditional tax savings on equipment, but electricity is no longer tax-exempt after the transition, raising costs for affected operators. The state also requires quarterly electricity-tax reporting; task forces study energy and water impacts but impose no direct operating rules.
Incentives
Tax benefits4
Retail sales and use tax exemptions cover software sold to datacenter operators for use within the datacenter, eligible business property located and used at eligible internet datacenters, and datacenter support equipment located and used at qualifying datacenters, subject to applicable statutory eligibility conditions. This description does not treat electricity as currently exempt.
As enacted in 2015, the law established conditional electricity and support-equipment exemptions for qualifying data centers. Later 2026 laws removed the electricity component subject to the billing-period transition; eligible equipment benefits remain.
Qualifying datacenters receive a sales and use tax exemption for datacenter support equipment to be located and used at the qualifying datacenter.
Eligible internet datacenters receive a sales and use tax exemption for eligible business property to be located and used at an eligible internet datacenter.
Grants and cash rebates
Conditionally expands JMAC business grant eligibility by counting required new jobs over a period spanning 24 months before the agreement through its term.
Infrastructure funding
Funds identified State data-storage and data-center hardware projects. Retains existing conditional equipment/property tax exemptions while removing the electricity exemption; the public infrastructure appropriations are not general private data-center grants.
current law · StatewideG.S.North Carolina General Statutes § 105-164.13 (2026)
What this means
The current statute retains meaningful conditional equipment/property tax savings for eligible data centers. Electricity savings ended under the later 2026 amendment and billing rule; those savings are not counted as a current benefit.
People behind it
- Brent Jackson
Bill sponsor.
- Ralph Hise
Bill sponsor.
- Michael V. Lee
Primary bill sponsor.
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- Norman W. Sanderson
Bill sponsor.
- North Carolina General Assembly
Enacted the measure and appropriated funds under it.
- North Carolina Collaboratory at the University of North Carolina at Chapel Hill
Administers or conducts initiatives established by the measure.
- Board of Governors of The University of North Carolina
Receives appropriations and allocates funds to programs established by the measure.
- State Education Assistance Authority
Administers the Student-Based Educational Wallet Pilot Program and supports related scholarship, educational-account, and forgivable-loan programs.
- Department of Environmental Quality
Partners in the PFAS biosolids study and administers funds for emerging-contaminant mitigation grants.
- State Water Infrastructure Authority
Administers grants from the Emerging Contaminant Mitigation Fund.
- Publicly owned or operated wastewater treatment works
Partners in the PFAS biosolids study.
- Participating public school unit
Participates in and helps administer the Student-Based Educational Wallet Pilot Program.
- Department of Military and Veterans Affairs
Administers the Scholarships for Children of Wartime Veterans Program.
- Patriot Foundation
Administers and awards scholarships under the North Carolina Patriot Star Family Scholarship Program.
- Marine Corps Scholarship Foundation, Inc.
Administers and awards scholarships under the North Carolina Patriot Star Family Scholarship Program.
- Community Colleges System Office
Participates in administering the Nursing Fellows Pilot Program and the career-ready lead teacher academy pilot.
- Winston-Salem State University
Administers the Nursing Fellows Pilot Program for qualifying nursing degree programs.
- Department of Health and Human Services
Administers health, Medicaid, child-care, behavioral-health, public-health, and social-services provisions.
- Office of Rural Health
Administers the Community Health Grant Program.
- Division of Child Development and Early Education
Administers NC Pre-K, subsidized child-care, child-care allocation, and related early-childhood provisions.
- North Carolina Partnership for Children, Inc.
Administers Smart Start initiatives, literacy efforts, child-care workforce pilots, and child-care mental and behavioral health funding.
- Division of Health Benefits
Administers or implements Medicaid financing, managed-care, reimbursement, cost-containment, and related provisions.
- Division of Mental Health, Developmental Disabilities, and Substance Use Services
Administers behavioral-health funding, medication-assisted-treatment grants, opioid-remediation activities, and opioid-antagonist procurement.
- Division of Public Health
Administers public-health grants, maternal and child health initiatives, the Advisory Council on Rare Diseases, and related provisions.
- Office of Administrative Hearings
Receives and uses transferred funds for Medicaid appeal mediation and related services.
- Government Data Analytics Center
Implements designated SNAP-system improvements and supports Medicaid fraud, waste, and abuse prevention efforts.
Restrictions & requirementsHide restrictions & requirements2
Taxpayers must satisfy the applicable investment and eligibility requirements and locate and use exempt property or equipment at the eligible facility. Failure can require repayment of avoided tax and interest.
S.L. 2026-41 section 44.4 removes electricity from the exemptions under subsections (55) and (55a). The electricity-exemption repeal applies beginning with the first billing period that is at least 30 days after enactment and starts on or after the section's effective date, as clarified by S.L. 2026-42, section 11.3(c).
Benefits & exceptionsHide benefits & exceptions2
Eligible business property located and used at an eligible internet datacenter remains exempt under subsection (55), subject to capitalization, qualifying-use, investment, and other statutory eligibility requirements.
Capitalized datacenter support equipment located and used at a qualifying datacenter remains exempt under subsection (55a), including eligible power, cooling, computing, storage, networking, and related research equipment. Electricity itself is no longer included in these exemptions.
Sources
current law · StatewideModifies North Carolina’s economic-development incentives and tax rules.North Carolina Session Law 2015-259 (2015)
What this means
As enacted in 2015, the measure provided substantial conditional electricity and equipment tax savings. The electricity benefit was later removed by the 2026 laws; this score describes the historical enactment rather than an ongoing electricity exemption.
People behind it
- Representative S. Martin
Primary sponsor of the bill
- Representative Jeter
Primary sponsor of the bill
- Representative Collins
Primary sponsor of the bill
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- Representative Steinburg
Primary sponsor of the bill
- General Assembly of North Carolina
Enacted the measure
- Economic Investment Committee
Administers the Job Development Investment Grant Program
- Department of Commerce
Carries out duties under the measure, including administering program-related requirements and conducting the required study
- Secretary of Commerce
Makes written determinations for qualifying capital-intensive corporations and qualifying datacenters
- Department of Revenue
Administers tax-compliance and tax-reporting provisions
- Government Data Analytics Center
Works with the Department of Revenue on tax-compliance and refund-fraud reporting and prevention
Restrictions & requirementsHide restrictions & requirements4
As enacted in 2015: To qualify for the datacenter sales-tax exemption, the facility must meet the wage standard and health-insurance requirements of G.S. 143B-437.08A.
As enacted in 2015: The datacenter must receive a written determination from the Secretary of Commerce that at least $75 million in private funds will be invested within five years after the owner's, user's, or tenant's first qualifying real or tangible property investment on or after January 1, 2012. Investments made before January 1, 2012, do not count.
As enacted in 2015: The exemption applies only to qualifying support equipment located and used at the datacenter and to electricity used at the datacenter. Equipment or electricity used for a disqualifying purpose causes the related exemption to be forfeited.
As enacted in 2015: If the required investment is not made on time, or exempt equipment or electricity is put to a disqualifying use, the taxpayer must repay all previously avoided taxes plus interest. The amount is due within 30 days after forfeiture, with additional penalties for failure to pay.
Benefits & exceptionsHide benefits & exceptions1
As enacted in 2015: Provides a sales and use tax exemption for electricity used at a qualifying datacenter and for capitalized datacenter support equipment located and used there, including power-generation and distribution systems, HVAC and mechanical systems, computer and server hardware and software, network and storage equipment, and related computer engineering or computer science research equipment. A qualifying datacenter must meet specified wage and health-insurance requirements and receive a Commerce Secretary determination that at least $75 million will be invested within five years of the first qualifying investment; the exemption applies to sales on or after January 1, 2016. The exemption is forfeited, with repayment of avoided taxes and interest, if the investment is not timely made or the equipment or electricity is used outside the qualifying datacenter. The exemption for electricity and datacenter support equipment
Sources
current law · StatewideMakes technical, clarifying, and other changes to North Carolina’s 2026 budget and related laws, with most provisions effective July 1, 2026, and some conditional on other legislation; it was signed and recorded as Session Law 2026-42 on July 7, 2026.North Carolina Session Law 2026-42 (2026)
What this means
The follow-up law adds quarterly electricity-tax reporting and changes the city-distribution calculation, while clarifying a billing-period transition for the separate electricity-exemption repeal. It does not impose a data-center development ban or restore the repealed exemption.
People behind it
- Erin Paré
Primary sponsor of House Bill 56
- Donny Loftis
Primary sponsor of House Bill 56
- Jeff Zenger
Primary sponsor of House Bill 56
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- Steve Tyson
Primary sponsor of House Bill 56
- Jonathan L. Almond
Co-sponsor of House Bill 56
- John M. Blust
Co-sponsor of House Bill 56
- Alan Branson
Co-sponsor of House Bill 56
- Tricia Ann Cotham
Co-sponsor of House Bill 56
- Ben T. Moss, Jr.
Co-sponsor of House Bill 56
- Howard Penny, Jr.
Co-sponsor of House Bill 56
Restrictions & requirementsHide restrictions & requirements1
A person purchasing electricity for use at a qualifying datacenter or eligible internet datacenter must report to the Secretary of Revenue the amount of tax paid on that electricity within 30 days after the end of each quarter.
Benefits & exceptionsHide benefits & exceptions2
Section 11.3(c) delays the electricity-exemption repeal to the first qualifying billing period at least 30 days after enactment and starting on or after the section's effective date. This is a commencement rule rather than a continued permanent electricity exemption.
Separate amendments change the city-distribution calculation for electricity-tax receipts from qualifying data centers; this allocation rule does not itself give the taxpayer a tax exemption.
Sources
current law · StatewideEnacted July 7, 2026, S.L. 2026-41 removes the sales-tax exemption for electricity used at eligible internet datacenters and qualifying datacenters while retaining eligible business-property and support-equipment exemptions.North Carolina Session Law 2026-41 (2026)
What this means
The act removes an electricity-tax exemption, increasing operating costs for affected data centers after the statutory billing transition. Equipment/property exemptions remain and specified public data-infrastructure appropriations provide limited offsetting support; the act does not ban private development.
People behind it
- North Carolina General Assembly
Enacted the measure as Senate Bill 257, Session Law 2026-41, and authorized its programs, appropriations, and statutory changes.
- State Controller
Responsible for reserving and transferring funds under the act.
- Office of State Budget and Management
Administers and tracks appropriations, reserves, grants, and disaster-recovery funds.
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- Department of Public Instruction
Administers public-instruction programs, grants, allocations, reports, and education initiatives, and provides data for child-care credential and training pathways.
- State Board of Education
Adopts rules, standards, policies, assessments, and funding procedures required by the act.
- North Carolina Community College System
Receives appropriations and administers community-college programs, funding formulas, grants, and initiatives.
- State Board of Community Colleges
Adopts community-college policies, funding formulas, and program rules, and oversees qualifying colleges and workforce initiatives.
- The University of North Carolina System Office
Administers or allocates funds and programs involving UNC constituent institutions.
- Board of Governors of The University of North Carolina
Administers or oversees UNC programs, studies, funds, and institutional initiatives, and receives and allocates appropriations for specified programs.
- Department of Health and Human Services
Administers health-related appropriations and programs, including children's hospital funding, Medicaid, child care, mental health, substance use, and public health provisions.
- Department of Commerce
Administers economic-development, housing, tourism, and disaster-relocation programs and participates in residency verification and child-care workforce implementation.
- Department of Public Safety
Administers emergency-management, disaster-recovery, and public-safety appropriations.
- Division of Emergency Management
Administers specified Hurricane Helene recovery programs and related contracting authority.
- North Carolina Collaboratory
Administers research, evaluation, study, and pilot-program activities.
- North Carolina Collaboratory at the University of North Carolina at Chapel Hill
Administers or conducts PFAS research, the Student-Based Educational Wallet Pilot evaluation, mathematics curriculum development, and Nursing Fellows Pilot reporting.
- Office of Learning Research
Evaluates education programs and conducts research assigned by the act.
- University of North Carolina at Chapel Hill
Hosts the North Carolina Collaboratory and the Kenan Institute initiative established by the measure.
- North Carolina Department of Environmental Quality
Partners in the PFAS biosolids study and administers PFAS mitigation funding allocated to the Emerging Contaminant Mitigation Fund.
- State Water Infrastructure Authority
Administers grants from the Emerging Contaminant Mitigation Fund and establishes grant criteria and application procedures.
- State Education Assistance Authority
Administers the Student-Based Educational Wallet Pilot, opportunity scholarship and PESA programs, certain veterans scholarships, and other education assistance programs.
- Participating public school unit
Coordinates with the State Education Assistance Authority to administer the Student-Based Educational Wallet Pilot and approves eligible activities and providers.
- Kenan-Flagler Business School at the University of North Carolina at Chapel Hill
Houses and reports on the North Carolina Economic Forecasting Initiative.
- Office of Learning Research at the North Carolina Collaboratory
Acquires, adapts, and develops kindergarten-through-eighth-grade mathematics curriculum and related training materials.
- Patriot Foundation
Administers and awards scholarships under the North Carolina Patriot Star Family Scholarship Program.
- Marine Corps Scholarship Foundation, Inc.
Administers and awards scholarships under the North Carolina Patriot Star Family Scholarship Program.
- Winston-Salem State University
Participates as a qualifying institution and administers the university component of the Nursing Fellows Pilot Program.
- Community Colleges System Office
Administers the community-college component of the Nursing Fellows Pilot Program and collaborates on child-care workforce academies.
- Department of Military and Veterans Affairs
Administers the Scholarships for Children of Wartime Veterans program in consultation with the State Education Assistance Authority.
- Division of Child Development and Early Education
Administers NC Pre-K, child-care subsidy programs, early-childhood credentials, and related child-care initiatives.
- North Carolina Partnership for Children, Inc.
Administers Smart Start activities, literacy initiatives, child-care workforce academies, and child-care mental and behavioral health initiatives.
- Division of Health Benefits
Administers Medicaid-related provisions, rate changes, cost-containment pilots, managed-care requirements, and related reporting.
- Division of Mental Health, Developmental Disabilities, and Substance Use Services
Administers single-stream funding, psychiatric-bed funding, medication-assisted-treatment grants, opioid-remediation activities, and opioid-antagonist procurement.
- Division of Public Health
Administers public-health grants, maternal and child health initiatives, medical-examiner fees, rare-disease council support, and lead-poisoning standards.
- Division of Social Services
Receives funding and administers specified SNAP quality-improvement and training activities.
- Division of Central Management and Support
Receives funding to improve the NC FAST system for SNAP administration.
- Government Data Analytics Center
Implements specified NC FAST improvements and Medicaid fraud, waste, and abuse prevention and recovery efforts.
- Office of Administrative Hearings
Receives funding for mediation and other services related to Medicaid appeals.
- Department of Transportation Division of Motor Vehicles
Cooperates with the State Education Assistance Authority in verifying scholarship applicants' domicile.
- State Board of Elections
Cooperates with the State Education Assistance Authority in verifying scholarship applicants' domicile.
- Sen. Brent Jackson
Listed as a sponsor of the measure.
- Sen. Ralph Hise
Listed as a sponsor of the measure.
- Sen. Michael V. Lee
Listed as the primary sponsor of the measure.
- Sen. Norman W. Sanderson
Listed as a sponsor of the measure.
Restrictions & requirementsHide restrictions & requirements1
Section 44.4 removes electricity from the exemptions in G.S. 105-164.13(55) and (55a), increasing electricity-tax costs after the billing transition clarified by S.L. 2026-42 section 11.3(c).
Benefits & exceptionsHide benefits & exceptions3
The rewritten statute retains eligible business-property and support-equipment exemptions under G.S. 105-164.13(55) and (55a), subject to existing conditions; electricity is removed.
The Information Technology Reserve provides $25 million for State data-storage modernization and $3,196,995 for State Bureau of Investigation headquarters data-center hardware.
The act also funds State network and cybersecurity improvements; these are public-sector appropriations rather than a general grant entitlement for private data centers.
Sources
current law · StatewideG.S.North Carolina G.S. 105-164.13(55a) (qualifying datacenter sales and use tax exemption)
What this means
The current provision retains substantial but conditional equipment/property sales-tax savings for eligible data centers. Electricity itself is excluded after the 2026 amendment and billing transition; failure to meet investment or use conditions can trigger recapture.
People behind it
- S. Martin
Primary sponsor of House Bill 117, the NC Competes Act
- Jeter
Primary sponsor of House Bill 117, the NC Competes Act
- Collins
Primary sponsor of House Bill 117, the NC Competes Act
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- Steinburg
Primary sponsor of House Bill 117, the NC Competes Act
- Adcock
Co-sponsor of House Bill 117
- Ager
Co-sponsor of House Bill 117
- J. Bell
Co-sponsor of House Bill 117
- Bradford
Co-sponsor of House Bill 117
- Brockman
Co-sponsor of House Bill 117
- B. Brown
Co-sponsor of House Bill 117
- Bryan
Co-sponsor of House Bill 117
- Conrad
Co-sponsor of House Bill 117
- Faircloth
Co-sponsor of House Bill 117
- Farmer-Butterfield
Co-sponsor of House Bill 117
- Floyd
Co-sponsor of House Bill 117
- Fraley
Co-sponsor of House Bill 117
- Goodman
Co-sponsor of House Bill 117
- Hanes
Co-sponsor of House Bill 117
- Horn
Co-sponsor of House Bill 117
- Hunter
Co-sponsor of House Bill 117
- Hurley
Co-sponsor of House Bill 117
- L. Johnson
Co-sponsor of House Bill 117
- Lewis
Co-sponsor of House Bill 117
- Malone
Co-sponsor of House Bill 117
- R. Moore
Co-sponsor of House Bill 117
- T. Moore
Co-sponsor of House Bill 117
- Presnell
Co-sponsor of House Bill 117
- Ross
Co-sponsor of House Bill 117
- Saine
Co-sponsor of House Bill 117
- Salmon
Co-sponsor of House Bill 117
- Szoka
Co-sponsor of House Bill 117
- Terry
Co-sponsor of House Bill 117
- B. Turner
Co-sponsor of House Bill 117
- R. Turner
Co-sponsor of House Bill 117
- Waddell
Co-sponsor of House Bill 117
- Willingham
Co-sponsor of House Bill 117
- Wray
Co-sponsor of House Bill 117
- Yarborough
Co-sponsor of House Bill 117
- Zachary
Co-sponsor of House Bill 117
- Gunn
Primary sponsor of Senate Bill 42, the Datacenter Infrastructure Act
- Barefoot
Primary sponsor of Senate Bill 42, the Datacenter Infrastructure Act
- Clark
Primary sponsor of Senate Bill 42, the Datacenter Infrastructure Act
- Brock
Co-sponsor of Senate Bill 42
- Bryant
Co-sponsor of Senate Bill 42
- Ford
Co-sponsor of Senate Bill 42
- Hise
Co-sponsor of Senate Bill 42
- B. Jackson
Co-sponsor of Senate Bill 42
- Krawiec
Co-sponsor of Senate Bill 42
- Lowe
Co-sponsor of Senate Bill 42
- McInnis
Co-sponsor of Senate Bill 42
- Tillman
Co-sponsor of Senate Bill 42
- North Carolina General Assembly
Enacted the measure
- Economic Investment Committee
Administers the Job Development Investment Grant Program
- Department of Commerce
Required to study terminated JDIG grants and submit a report
- Secretary of Commerce
Makes the written investment determination required for a qualifying datacenter
- Department of Revenue
Required to make progress reports concerning tax compliance and fraud prevention
- Government Data Analytics Center
Required to make progress reports concerning tax compliance and fraud prevention jointly with the Department of Revenue
Restrictions & requirementsHide restrictions & requirements3
A qualifying datacenter must meet applicable wage and employee health-insurance requirements and obtain the required Commerce determination of at least $75 million in private investment within five years under the statutory definition.
The equipment must satisfy capitalization, location, and qualifying-use requirements; investment or use failures can require repayment of avoided tax plus interest.
The exemption no longer covers electricity following S.L. 2026-41 section 44.4 and the billing-period rule in S.L. 2026-42 section 11.3(c).
Benefits & exceptionsHide benefits & exceptions1
Capitalized support equipment located and used at a qualifying datacenter is exempt under subsection (55a), including eligible power systems, cooling systems, computer hardware/software, storage, networking, peripheral equipment, and related computing research equipment.
Sources
current law · StatewideG.S.North Carolina G.S. 105-164.13(55) (eligible Internet datacenter sales and use tax exemption)
What this means
The current provision retains substantial but conditional equipment/property sales-tax savings for eligible data centers. Electricity itself is excluded after the 2026 amendment and billing transition; failure to meet investment or use conditions can trigger recapture.
People behind it
- Jackson
Listed as a sponsor of the measure.
- Hise
Listed as a sponsor of the measure.
- Lee
Listed as the primary sponsor of the measure.
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- Sanderson
Listed as a sponsor of the measure.
- General Assembly of North Carolina
Enacted Senate Bill 257 as the Current Operations Appropriations Act of 2026 and established appropriations, programs, studies, grants, and administrative requirements under the measure.
- State Controller
Responsible for reserving and transferring appropriated funds under specified provisions of the measure.
- Director of the Budget
Authorized to administer specified appropriations, grants, budget adjustments, and directed-grant disbursements.
- Office of State Budget and Management
Administers or coordinates appropriations, reserves, grants, disaster-recovery funds, reporting requirements, budget certifications, and fund transfers.
- Department of Public Instruction
Administers public-instruction appropriations and programs established or funded by the measure.
- State Board of Education
Administers or adopts rules and standards for public-school programs, assessments, licensure, instructional materials, school safety, and educator compensation provisions.
- North Carolina Community College System
Receives and administers appropriations and programs involving community-college funding, workforce training, credentials, apprenticeships, and student support.
- State Board of Community Colleges
Administers community-college funding formulas, reserves, scholarships, student policies, performance accountability, and workforce programs.
- University of North Carolina System Office
Administers specified university-system appropriations, scholarship programs, transfer-technology initiatives, and the Rural Residency Medical Education and Training Fund.
- Department of Commerce
Administers specified economic-development, temporary-relocation, career-planning, and disaster-recovery programs.
- Department of Public Safety, Division of Emergency Management
Administers Hurricane Helene recovery allocations, private-road and bridge programs, and emergency-management provisions.
- North Carolina Collaboratory
Conducts or oversees studies and evaluations required by the measure.
- Office of Learning Research
Evaluates education programs and instructional materials and supports research initiatives required by the measure.
- Board of Governors of The University of North Carolina
Allocates appropriated funds and establishes the North Carolina Patriot Star Family Scholarship Program.
- North Carolina Collaboratory at the University of North Carolina at Chapel Hill
Conducts or coordinates PFAS research, education studies, program evaluations, and required reports.
- Department of Environmental Quality
Partners in the PFAS biosolids study and administers or receives funds for PFAS mitigation activities.
- State Water Infrastructure Authority
Establishes criteria and awards emerging-contaminant mitigation grants to local governments.
- State Education Assistance Authority
Administers the Student-Based Educational Wallet Pilot, scholarship programs, testing payments, domicile verification, and the Nursing Fellows Pilot Program.
- Department of Military and Veterans Affairs
Administers the Scholarships for Children of Wartime Veterans program and coordinates its funding and reporting requirements.
- Patriot Foundation
Administers and awards scholarships under the North Carolina Patriot Star Family Scholarship Program and reports on the use of state funds.
- Marine Corps Scholarship Foundation, Inc.
Administers and awards scholarships under the North Carolina Patriot Star Family Scholarship Program and reports on the use of state funds.
- Community Colleges System Office
Participates in administration of the Nursing Fellows Pilot Program and develops and implements the Career-Ready Lead Teacher Academy pilot.
- Winston-Salem State University
Administers its portion of the Nursing Fellows Pilot Program, including recipient selection and forgivable-loan awards.
- Department of Health and Human Services
Administers and oversees health, Medicaid, behavioral-health, child-care, public-health, and social-service programs and reporting requirements established by the measure.
- Division of Child Development and Early Education
Administers NC Pre-K, subsidized child-care programs, child-care subsidy allocations, and related credential and reporting requirements.
- North Carolina Partnership for Children, Inc.
Administers Smart Start activities, distributes specified child-care and behavioral-health funds, and implements or coordinates early-childhood initiatives.
- Division of Health Benefits
Administers Medicaid-related funding, reimbursement, managed-care, assessment, cost-containment, and reporting provisions.
- Division of Mental Health, Developmental Disabilities, and Substance Use Services
Administers single-stream funding, psychiatric-bed purchasing, medication-assisted-treatment grants, opioid-remediation activities, and opioid-antagonist procurement.
- Division of Public Health
Administers public-health grants, maternal and child health initiatives, medical-examiner funding, and the Advisory Council on Rare Diseases.
- Division of Health Service Regulation
Implements inspection, facility-standard, surgical-smoke, adult-care-home, and live-in direct-support-professional provisions.
- Government Data Analytics Center
Implements SNAP case-management improvements and supports Medicaid fraud, waste, and abuse prevention and payment-recovery efforts.
- Office of Administrative Hearings
Receives transferred funds to provide mediation and other services for Medicaid appeals.
Restrictions & requirementsHide restrictions & requirements2
The taxpayer must meet the applicable investment requirement and eligible-internet-datacenter definition, and the capitalized property must be located and used there for qualifying purposes. Failures can require repayment of avoided tax plus interest.
Electricity itself was removed from the exemption by S.L. 2026-41 section 44.4, with the billing-period transition established by S.L. 2026-42 section 11.3(c).
Benefits & exceptionsHide benefits & exceptions1
Eligible capitalized business property located and used at an eligible internet datacenter remains exempt under subsection (55) for qualifying operational services, electricity-generation/transformation/transmission/distribution/management functions, or related computer research.
Sources
current law · StatewideEstablishes an advisory task force to recommend ways to manage rising electricity demand while maintaining adequate, reliable, affordable, and clean electricity; it does not impose new electricity-supply or emissions requirements on utilities or customers.North Carolina Executive Order No. 23 (2025) — Establishing the North Carolina Energy Policy Task Force
What this means
The order creates a task force to study rising electricity demand, including data center loads, and make policy recommendations; it does not itself require data centers to change how they are built or operated, or offer them incentives (the task force’s mission). So it has no meaningful direct effect on data center development or operation.
People behind it
- Josh Stein
Established the Task Force by Executive Order No. 23. The order establishing the Task Force.
- North Carolina Office of the Governor and executive branch agencies
Named in the order as providing staff support to the Task Force. Staffing provision.
- Reid Wilson
Identified as a chair of the Task Force, which carries out the work established by the order. Task Force chairs.
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- Kyle Hall
Identified as a chair of the Task Force, which carries out the work established by the order. Task Force chairs.
Sources
current law · StatewideEstablishes state structures to guide trustworthy AI use by creating a Leadership Council and an AI Accelerator to develop governance, risk-assessment, research, implementation, and training efforts, with attention to fairness, transparency, security, privacy, and civil liberties.North Carolina Executive Order No. 24 (2025)
What this means
This order does not set rules or provide incentives for building, expanding, or operating data centers. It asks a state task force to consider the energy and water impacts of potential added AI infrastructure, but creates no direct requirements for data center operators.
People behind it
- Josh SteinWebsite
Issued and signed the executive order. Josh Stein, Governor
- North Carolina Department of Information Technology (NCDIT)
Provides administrative support to the AI Leadership Council and leads and staffs the AI Accelerator. NCDIT shall serve as staff and administrative support services
Sources
pending · StatewideProposes a temporary moratorium on datacenter siting approvals by prohibiting State agencies and local governments from issuing required permits, certifications, or approvals from August 1, 2026, through August 1, 2028, while requiring a study of datacenters’ effects on electricity demand and rates, water, air quality, noise, and property values.North Carolina H 1189 (2025-2026)
What this means
The bill would bar state and local governments from issuing siting permits for qualifying data centers for two years, making new projects and expansions requiring siting approval substantially harder to start (no permits for siting from August 1, 2026, to August 1, 2028). It would also require annual tax-exemption certificates and detailed reporting, while leaving the tax exemption available to centers that meet the requirements.
Timing
- Ends
- Aug 1, 2028
The moratorium runs from 2026-08-01 through 2028-08-01 and applies to permits, certifications, and approvals required for datacenter siting. All other provisions remain.
People behind it
- Donnie Loftis
Primary sponsor of House Bill 1189.
- Bill Ward
Primary sponsor of House Bill 1189.
- Pricey Harrison
Primary sponsor of House Bill 1189.
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- Eric Ager
Sponsor of House Bill 1189.
- Mary Belk
Sponsor of House Bill 1189.
- Deb Butler
Sponsor of House Bill 1189.
- Maria Cervania
Sponsor of House Bill 1189.
- Julia Greenfield
Sponsor of House Bill 1189.
- Jordan Lopez
Sponsor of House Bill 1189.
- Marcia Morey
Sponsor of House Bill 1189.
- Joseph Pike
Sponsor of House Bill 1189.
- Lindsey Prather
Sponsor of House Bill 1189.
- Amos L. Quick, III
Sponsor of House Bill 1189.
- James Roberson
Sponsor of House Bill 1189.
- Brian Turner
Sponsor of House Bill 1189.
- North Carolina General Assembly
Legislative body proposing and enacting the measure.
- North Carolina Collaboratory at the University of North Carolina at Chapel Hill
Responsible for studying datacenter impacts and reporting findings and legislative recommendations.
- Department of Revenue
Administers datacenter exemption certificates and receives required documentation.
- Secretary
Issues and administers datacenter exemption and conditional exemption certificates.
- Department of Commerce
Aggregates datacenter exemption data, estimates lost state revenue, and submits annual reports to legislative finance committees.
- Utilities Commission
Collaborates on the study of electric-grid and electricity-rate impacts and is subject to the siting-permit moratorium.
- Public Staff
Collaborates with the Collaboratory and Utilities Commission on electric-grid and rate-impact analysis.
- Department of Environmental Quality
Collaborates on environmental-impact analysis and is subject to the siting-permit moratorium.
- League of Municipalities
Collaborates on the study of property-value impacts near datacenters.
- Association of County Commissioners
Collaborates on the study of property-value impacts near datacenters.
- State agencies
Prohibited from issuing siting permits, certifications, or approvals during the moratorium.
- Local governments
Prohibited from issuing siting permits, certifications, or approvals during the moratorium.
Restrictions & requirementsHide restrictions & requirements4
Establishes a moratorium from August 1, 2026, through August 1, 2028, during which no state agency or local government may issue permits, certifications, or approvals for siting a datacenter designed for a load of 100 megawatts or more. (moratorium on permits for datacenters)
Beginning July 1, 2027, a datacenter seeking sales-tax-exempt purchases must obtain and annually renew an exemption certificate, with renewal conditioned on submitting detailed information about the facility, local benefits and incentives, employees, construction costs, and operating expenditures. (must obtain an exemption certificate)
A datacenter that has not begun construction may use a conditional exemption certificate, but must submit the required documentation within 90 days after the taxable year ends; failure to satisfy the requirements makes previously exempt purchases taxable, with interest accruing from the purchase dates. (taxes become due and payable)
Datacenters already sited or under construction when the act becomes effective must provide the required information for the five most recent taxable years in which they claimed the existing sales-tax exemption, creating an additional retroactive reporting burden by December 1, 2026. (five most recent taxable years)
Benefits & exceptionsHide benefits & exceptions3
Datacenters may obtain an annual exemption certificate to purchase items that are already eligible for a sales-tax exemption under G.S. 105-164.13. The certificate must be renewed annually and requires submission of specified operational, financial, employment, and expenditure information.
A datacenter that has not begun construction may apply for a conditional exemption certificate, allowing it to make qualifying sales- and-use-tax-exempt purchases during the taxable year before construction starts. The datacenter must submit the required information within 90 days after the taxable year ends; otherwise, the taxes, plus interest from the original purchase date, become due.
The siting moratorium applies only to facilities designed to have a load of 100 megawatts or more, so facilities below that threshold are outside this specific two-year prohibition on siting permits.
Sources
unknown · StatewideUrges the Utilities Commission to establish a separate electricity rate class for data centers so they bear the costs of the resources they require and protect other ratepayers, and supports allowing them to build and generate their own clean energy (filing, NCDOJ).North Carolina Attorney General Jeff Jackson — Utilities Commission data-center rate-class filing (2026)
What this means
If adopted, the proposal would make data centers pay upfront for certain power-system upgrades and accept long contracts with minimum bills, adding meaningful costs and obligations (15-year minimum contract and billing terms). It also supports a future clean-energy tariff that could offer another way to serve data centers, but the filing proposes no direct building incentive and the overall burden appears greater (Clean Transition Tariff).
Timing
- Ends
- while the Utilities Commission and the Attorney General’s Office evaluate load forecast updates
The news release describes a previously proposed pause on new natural gas plant development during that evaluation; it gives no calendar expiration date.
People behind it
- Attorney General Jeff Jackson
Asked the Utilities Commission to create a separate proceeding focused on a dedicated rate class for data centers and other large energy users.
- North Carolina Attorney General’s Office
Filed reply comments recommending development of a large load tariff and a separate proceeding for a Clean Transition Tariff.
Restrictions & requirementsHide restrictions & requirements10
The AGO proposes that the tariff take effect January 1, 2027, and apply to both new and existing data center customers, regardless of when they began service or signed an agreement (apply to new and existing data center customers).
If the Commission adopts a general rather than data-center-specific tariff, the AGO proposes applying it to customers with a load of at least 100 MW and a load factor of 80% (a load of 100 MW or more).
Customers covered by the tariff would have to pay its rates, under a new data center rate class; the utilities’ High Load Factor rates are proposed as a starting point (must pay the rates included in the tariff).
The proposed tariff would require a 15-year minimum contract term, a maximum five-year load ramp, and minimum billing demand equal to 75% of contract demand (Minimum contract term 15 years).
Covered customers would have to contribute to utility-run demand-side management programs by not opting out of the annual rider (not opting out of the annual rider).
The AGO proposes requiring customers to pay upfront for distribution and transmission upgrades they cause and incremental generation upgrade costs. Dedicated Facilities and But-For Costs would be paid upfront as nonrefundable contributions in aid of construction; any costs not paid upfront would require liquid collateral or insurance (fully paid up-front by customers).
Covered customers would also pay embedded transmission and distribution charges determined through future rate cases (embedded transmission and distribution charges).
The tariff would include curtailment requirements; the AGO supports allowing relief through a modification or waiver when curtailment could adversely affect critical public health or safety functions (relief from those curtailment requirements).
The AGO proposes allowing tariff modifications or waivers only in limited circumstances and with advance Commission approval (with advance Commission approval).
The tariff would impose notice requirements for load reductions and early termination, along with exit fees or liquidated damages; the filing does not specify their amounts or periods (notice periods, exit fees, and liquidated damages).
Benefits & exceptionsHide benefits & exceptions5
The AGO proposes a Safe Harbor proceeding through which customers covered by the large-load tariff could request grandfathering. This is a request, not automatic protection. Customers can request grandfathering
The AGO supports developing a Clean Transition Tariff that could let data centers build, bring, or buy clean generation to serve their demand. The Commission would first need to direct Duke Energy to develop and file the tariff. Build, bring, or buy new generation resources
A Commission-approved electric service agreement could include a limited section tailored to a customer’s operating characteristics, allowing some flexibility without Commission approval of every tailored term. The AGO says the terms must not undermine ratepayer protections. Limited tailoring based on the customer’s unique operating characteristics
Customers could seek relief from tariff curtailment requirements when curtailment might adversely affect critical public health or safety functions associated with their load. Relief would require a modification or waiver. Seek relief from those curtailment requirements
Customers could increase their investment in utility-run demand-side management beyond the standard amount, with the additional investment counted in lieu of an equivalent amount of supply-side resources. The AGO also proposes that customers remain required to contribute to the utility’s programs by not opting out of the annual rider. Increase their investment in DSM programs
Sources
pending · StatewideWould amend utility and tax laws for data centers, defining a large-load data center as a facility with projected aggregate demand exceeding 20 megawatts.North Carolina H 1180 (2025-2026)
What this means
As proposed, the bill would make large data centers—those with demand above 20 megawatts—take on major long-term electricity commitments: at least a 10-year contract, payment for at least 85% of requested power, and financial assurances. It also repeals specified tax provisions, adding to the potential burden; these requirements could make some projects harder to finance or operate, though they do not ban data centers. Electricity contract and payment requirements Tax provisions repealed
People behind it
- Carolyn G. Logan
Primary sponsor of the bill
- Laura Budd
Primary sponsor of the bill
- Maria Cervania
Primary sponsor of the bill
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- Pricey Harrison
Sponsor of the bill
- Jordan Lopez
Sponsor of the bill
- Marcia Morey
Sponsor of the bill
- Rodney D. Pierce
Sponsor of the bill
Restrictions & requirementsHide restrictions & requirements9
Facilities with projected or actual aggregate demand above 20 megawatts are classified as large-load data centers and are subject to the bill's special requirements. Contiguous or adjacent facilities under common ownership or effective control are aggregated when calculating demand.
Electric utilities must obtain Utilities Commission approval for a tariff specifically serving large-load data centers. Beginning January 1, 2028, utilities may not provide electric service to a large-load data center except under an approved tariff.
The special tariff must require large-load data centers to pay the full cost of capital investments and incremental operating expenses needed to serve them, while protecting other customers from rate increases and stranded costs.
The tariff must require a minimum electric-service contract term of at least 10 years.
For at least 10 years after service begins, the customer must take or pay for at least 85% of the maximum electric service it requested.
The tariff must require financial assurance or surety sufficient to protect other ratepayers if a large-load data center closes or uses less electricity than initially requested.
Large-load data centers must give the utility advance notice before any anticipated reduction in electricity demand.
The Utilities Commission may impose other tariff provisions it determines are reasonable and in the public interest.
The bill repeals specified sales-tax provisions and exemptions related to data-center property and services. The repeal applies to sales made on or after January 1, 2027, potentially increasing the cost of acquiring or operating qualifying data-center equipment and property.
Benefits & exceptionsHide benefits & exceptions1
Requires each electric public utility to file a dedicated tariff for electric service to large-load data centers, creating a specific framework for connecting and serving facilities with projected aggregate demand above 20 megawatts. The Utilities Commission may approve tiered rates, terms, or conditions based on load requirements or cost of service. The benefit is limited by Commission approval and significant customer obligations, including a minimum 10-year contract, payment for at least 85% of requested demand for at least 10 years, financial assurance, and advance notice of expected demand reductions.
Sources
pending · StatewideWould establish the Ratepayer Protection Act, imposing requirements on data-center siting, water use, foreign ownership, utility contracts, condemnation, local incentives, and energy policy; it has not been enacted, with the latest listed action being Senate committee referral on June 8, 2026 (bill history).North Carolina S 730 (2025-2026)
What this means
The bill would create significant hurdles for new data centers with peak monthly electricity demand of 100 MW or more, including local sound assessments, restrictions on cooling water, and utility contracts meant to make the centers cover their added costs (site assessment and cooling requirements; utility contract requirements). The rules would not cover every data center, and some existing approved projects are exempt, but the bill also bars local incentives and eminent-domain land acquisition; it was still a proposed measure in the source (bill’s latest action).
People behind it
- Sen. Steve Jarvis
Primary sponsor of Senate Bill 730.
- Sen. Paul Newton
Co-sponsor of Senate Bill 730.
- General Assembly of North Carolina
Legislative body identified as enacting the measure.
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- North Carolina Department of Environmental Quality
Responsible for adopting water-use standards and administering express permit-review requirements under the measure.
- Secretary of State
Responsible, jointly with the Attorney General, for maintaining the registration database for certain prohibited foreign parties.
- Attorney General
Responsible for maintaining the foreign-party registration database, investigating violations, and enforcing divestiture and related provisions.
- North Carolina Real Estate Commission
Responsible for establishing the affidavit form required for certain land conveyances.
- North Carolina Utilities Commission
Responsible for implementing and overseeing utility, renewable-energy-credit, grid-resource, and data-center service-contract provisions.
- North Carolina Collaboratory
Responsible for issuing a request for proposals and arranging a study of utility policies and electric-rate affordability.
- Public Staff
Directed to assist the Collaboratory and selected contractor and authorized to examine certain confidential utility-contract information.
Restrictions & requirementsHide restrictions & requirements15
Before approving a rezoning, special exception, conditional or special-use permit, or building permit for a new data center with peak monthly demand of at least 100 megawatts, a local government must require a site assessment addressing sound impacts on residences and schools within 500 feet of the property boundary.
Applicants for covered data centers must attest that the facility will use closed-loop or liquid cooling designed to minimize cooling-water consumption.
The Department of Environmental Quality must adopt water-use standards for covered data centers; the standards may require closed-loop or reclaimed water systems and may not permit evaporative cooling systems.
An adversarial nation—China, Iran, North Korea, or Russia—may not purchase, lease, or hold an interest in land on which a covered data center is located or have a significant interest in or substantial control of the data center.
A prohibited foreign party generally may not acquire or hold more than a de minimis direct interest in covered data-center land or a significant interest in or substantial control of a covered data center, subject to exceptions including certain CFIUS determinations or agreements and the resident-alien exception.
A prohibited foreign party that acquired covered land or a covered data-center interest before the section's effective date may retain it but may not acquire additional covered interests and must register with the Secretary of State and Attorney General in a public database.
A prohibited foreign party that acquires covered land or a significant data-center interest after the effective date through devise, descent, enforcement of a security interest, or debt collection must divest within three years.
A buyer acquiring an interest in land on which a covered data center is located must provide an affidavit, signed under penalty of perjury, stating that the buyer is not a prohibited foreign party and complies with the restrictions; the affidavit must accompany the deed or conveyance document.
Late registration by a prohibited foreign party carries a civil penalty of at least $1,000 per day, and unpaid penalties may become a lien against the covered land.
The Attorney General may enforce prohibited-ownership violations through receivership and sale of the property; no sale proceeds may be distributed to the prohibited foreign party, and excess proceeds are forfeited.
Knowingly selling covered land in violation of the foreign-ownership restrictions, or knowingly aiding such a sale, is a Class 2 misdemeanor, subject to the resident-alien affirmative defense.
Every covered data center must enter into an electric-service contract with its public utility containing minimum billing requirements, a term long enough to recover incremental utility costs, performance and credit protections, and termination protections for other customers.
Each covered data-center electric-service contract must be filed with the Utilities Commission within 30 days after execution; portions may be confidential only as allowed by law.
Eminent domain may not be used to acquire land for siting a covered data center.
Local governments are prohibited from providing economic-development incentives for siting a covered data center in their jurisdictions, although agreements executed before the effective date are preserved.
Benefits & exceptionsHide benefits & exceptions10
The Department of Environmental Quality must create a voluntary express-review program for all Department permits, authorizations, and certifications required for projects involving the generation, distribution, or transmission of energy or fuel, including electricity. This can provide a faster permitting path for energy infrastructure serving data centers, subject to payment of applicable fees. create an express review program
The express-review program may also be used for pending energy or fuel project applications, and DEQ must notify applicants with pending applications of the option to use the program upon payment of the applicable fee. pending applications through the program
A previously approved data-center site seeking an expansion or modification is exempt from the new site-assessment requirement when the expansion does not add 100 megawatts or more of monthly electrical demand. such expansion does not exceed an additional monthly electrical demand of 100 megawatts or more
The data-center ownership restrictions do not apply to an entity that has received a CFIUS determination that it has no unresolved national-security concerns, has a valid CFIUS national-security agreement, or is a U.S.-domiciled subsidiary of such an entity. has received a determination from the Committee of Foreign Investment in the United States
A prohibited foreign party that is a U.S. resident alien may acquire and hold covered land or a significant interest in or substantial control of a data center on the same terms as a U.S. citizen while residing in North Carolina. upon the same terms as a citizen of the United States
Foreign parties that already owned covered land or data-center interests before the ownership restrictions take effect may continue holding those interests, although they may not acquire additional covered interests and must register with the Secretary of State and Attorney General. may continue to own or hold that interest
A violation by a former owner or another former interest holder does not invalidate title to covered land or subject it to divestiture, protecting later owners and transactions involving the property. Title to land described in subsection (a) of this section is not invalid
Failure to obtain or maintain the required buyer affidavit does not affect the property's title or title insurability, unless the person or entity is independently violating the ownership restrictions or knowingly facilitating a violation. shall not affect the title or insurability of the title
The Utilities Commission may delay the authorized carbon-reduction schedule by up to two years, with additional flexibility when needed for nuclear or wind construction or to maintain grid adequacy and reliability. This can preserve electricity-supply flexibility for data-center operations, subject to the statutory conditions. necessary to maintain the adequacy and reliability of the existing grid
The Commission may not authorize retirement of a baseload or dispatchable generating facility above 100 megawatts until a utility has received approval to construct at least one 1,000-megawatt nuclear facility, supporting continued availability of large-scale dispatchable generation. shall not authorize retirement of baseload facilities
Sources
pending · StatewideWould regulate large data centers to protect electricity and water ratepayers, public resources, and grid reliability.North Carolina H 1063 (2025-2026)
What this means
If enacted, this would make building and operating large data centers substantially harder: they would need state approval before construction, on-site clean power equal to at least 25% of peak demand, and cooling systems that do not use evaporative cooling (certificate and power requirements, cooling restriction). It would also require large centers to cover the full added utility costs and bar local financial incentives, creating significant practical and financial barriers (cost and incentive provisions).
People behind it
- Representative Prather
Primary sponsor of House Bill 1063
- Representative Johnson-Hostler
Primary sponsor of House Bill 1063
- Representative Longest
Primary sponsor of House Bill 1063
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- Representative Helfrich
Primary sponsor of House Bill 1063
Restrictions & requirementsHide restrictions & requirements22
Before beginning construction on any new data center, the owner or operator must submit a preconstruction disclosure statement to the Utilities Commission, the Department of Environmental Quality, and each affected local government, including projected electricity demand and consumption, projected water use, cooling technology, and planned on-site clean generation.
A data center is treated as one facility for regulatory thresholds when facilities are under common ownership or control or are operationally or contractually integrated, even if they occupy multiple parcels.
A data center is classified as a large data center if its projected peak electricity demand is at least 40 megawatts or its projected annual water consumption exceeds one billion liters.
A large data center may not begin construction or operation without applying for and obtaining a certificate of operation from the Utilities Commission. The Commission may require notice, an opportunity for interested parties to be heard, and proof that the applicant is fit, capable, and financially able to comply with the law.
To obtain and retain a certificate of operation, a large data center must satisfy requirements concerning on-site clean generation, water-use standards, electricity rates, water and sewer rates, protection of other customers from increased costs, and any additional public-interest conditions imposed by the Commission.
The Utilities Commission may review, suspend, or revoke a large data center’s certificate of operation after notice and a hearing if the facility is not complying with the law.
A large data center must install operational on-site clean-generation capacity equal to at least 25% of its projected peak electricity demand before beginning commercial operations. Off-site renewable-energy credits, virtual power-purchase agreements, and similar instruments cannot satisfy this requirement.
The Utilities Commission may increase the minimum on-site clean-generation percentage if it finds that additional generation is needed for grid reliability, to protect other customers from rate increases, and is consistent with the public interest.
A variance from the on-site clean-generation requirement is available only if strict compliance is technologically infeasible and the data center implements equivalent grid-mitigation measures at its own expense.
The Department of Environmental Quality must establish water-use standards for regulated data centers, requiring closed-loop or reclaimed-water systems to the maximum extent practicable.
Water-use standards may not permit a data center to use an evaporative cooling system, defined as a system that consumes water through evaporation as its primary heat-rejection method.
Large data centers must pay electric-service rates designed to recover the electric utility’s full cost of serving them, including incremental generation, transmission, distribution, substation, and other infrastructure costs, without shifting those costs or stranded-cost risks to other retail customers.
The Utilities Commission must require a large data center to use a special high-capacity electric rate when ordinary approved rates would not recover the utility’s full marginal cost of serving the facility. The utility and data center must negotiate a Commission-approved agreement covering the necessary prices, terms, and conditions.
Large data centers must pay water and sewer rates commensurate with the full marginal cost of providing service, including incremental costs to construct or expand water and wastewater systems.
Beginning January 1, 2029, an electric public utility may not provide service to a large data center unless the service is provided under a Utilities Commission-approved rate schedule or special high-capacity rate.
An application for a large-data-center certificate of operation is subject to a $250 fee.
Data centers are ineligible for infrastructure grants and other incentives funded directly or indirectly by utility ratepayers.
Local governments may not provide data centers with local tax incentives, subsidies, or financial assistance, including property-tax abatements, deferrals, rebates, grants, or payments in lieu of taxes. Generally available services or infrastructure offered on the same terms as to similarly situated commercial or industrial users remain allowed.
Data centers are ineligible for grants, loans, or other incentives provided under Article 10 of Chapter 143B, including specified state economic-development programs.
The state’s definition of eligible information-technology services for the Industrial Development Fund excludes operation of data centers, preventing data-center operations from qualifying under that category.
The sales-tax exemptions identified in the bill for data centers are repealed for sales made on or after January 1, 2027, increasing the cost of qualifying purchases.
Each large data center must file a public annual report with the Utilities Commission and the Department of Environmental Quality stating its electricity consumption, water use, on-site electricity generation, cooling-system efficiency, and any additional requested compliance information.
Benefits & exceptionsHide benefits & exceptions4
The Utilities Commission may grant a variance from the requirement that a large data center install on-site clean generation equal to at least 25% of projected peak demand if strict compliance is technologically infeasible and the data center funds equivalent grid-mitigation measures. The Commission may grant a variance under those conditions.
Local governments may provide data centers with generally available services or infrastructure on the same terms offered to similarly situated commercial or industrial users, although local tax incentives, subsidies, and special financial assistance are prohibited. Generally available services or infrastructure are expressly permitted.
Electric utilities may use tiered rate schedules with different prices, terms, or conditions for different classes of large data centers based on load requirements or other cost-related factors. The rates must still make data centers responsible for necessary capital and operating costs and protect other customers from rate increases and stranded-cost risk. The Commission may approve a tiered rate schedule.
If ordinary approved rates would not cover a large data center's full marginal service costs, the Commission must require a special high-capacity rate, and the utility must negotiate in good faith with the data center over an approved service agreement. An electric public utility shall negotiate in good faith, subject to Commission approval and full-cost compensation.
Sources
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