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Regbase

The Data Center Divide

Pittsburg County

Slightly Anti-Data Center Policies

Oklahoma requires data centers using at least 75 megawatts to meet added energy, infrastructure and credit requirements and generally commit to ten years of service; tax-exemption recipients must report jobs and payroll, though descriptions conflict on that rule’s status.

Rating and summary from Oklahoma statewide as there are no scored current or future laws outside temporary restrictions for Pittsburg County.

Incentives

Tax benefits

Proposed Emerald ProjectCo data-center plan: partial ad valorem tax abatement, subject to annual Required Payment obligations.

Specific to Pittsburg County only.

pending · County project: Unincorporated project area south of Kiowa
Would support Emerald ProjectCo’s proposed development of up to two data-center phases in unincorporated Pittsburg County by creating two adjacent incentive districts, offering partial abatements of ad valorem taxes above the January 1, 2026 base value, and seeking to offset infrastructure costs, attract investment and employment, and expand the tax base.Pittsburg County Emerald ProjectCo Data Center Project Economic Development Project Plan (2026)

What this means

If enacted, the plan would encourage construction and expansion with a partial property-tax abatement lasting up to 25 years, reaching 85% at the highest capacity tier (abatement tiers). The benefit is limited by required minimum payments, possible PILOT payments, and community payments, but the plan adds no general ban or operating restriction (Required Payment).

People behind it

  • Named as the initial Implementation Officer, charged with implementing the project plan. designated as the initial Implementation Officer

  • Proposed the data center development and is the company responsible for carrying out the project. proposed to undertake the development

  • Prepared the project plan and is identified as the principal public entity responsible for carrying it out and administering it. prepared by Pittsburg County, principal public entity

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  • Reviewed the project plan and recommended it for approval by the County Commissioners. recommend approval of the Project EmeraldCo Project Plan

Restrictions & requirementsHide restrictions & requirements7
  • Tax incentives for either district cannot begin before January 1, 2028. Activation also requires formal County Commissioners action and specified readiness or investment conditions, including at least 50 MW energized (or reasonably expected within 12 months) and at least $1 billion invested (or reasonably expected within 12 months) if the company elects activation before a certificate of occupancy. Activation conditions

  • A district cannot be activated until the company and every affected taxing entity have approved and executed the Tax Incentive Agreement. Agreement required before activation

  • The company must make annual Required Payments; if property taxes actually paid are below that amount, it must pay the difference as a PILOT payment. The Required Payment is the greater of the applicable minimum or the amount calculated from the abatement percentage and tax liability. Required and PILOT payments

  • The company must also make annual Community Betterment Payments, which vary by energized-megawatt tier, are separate from Required and PILOT Payments, and are due by June 1 after the applicable calendar year. Community Betterment Payment obligation

  • The company must annually certify energized capacity with utility or engineer verification, and the County may audit capacity, assessed value, and business personal property. Failure to certify results in the lowest abatement tier; failure to maintain a capacity threshold for more than six months in a tax year reduces the abatement tier for the following year. Certification and audit requirements

  • If the company uses County roads for oversize or overweight loads, it must enter a Road Use Agreement setting conditions and payments to the County. Road Use Agreement

  • If construction of one phase has not begun within three years after another phase’s district is activated, the County may require a plan amendment or adjust incentives for the activated phase. Three-year phase condition

Benefits & exceptionsHide benefits & exceptions5
  • The plan offers a partial ad valorem tax abatement on value above the district’s base value, including qualifying real property and business personal property. The rate depends on energized capacity, rising to 85% above 550 MW; each district’s term is 25 years from activation. The incentives cannot begin until the required tax incentive agreement is approved and signed by all affected taxing entities. The applicable abatement percentages

  • The plan provides for a lower minimum-payment period during early development: the introductory period starts when a district is activated and ends no later than the fifth tax year, or earlier if operations stabilize. The actual minimum-payment amounts must be set in the tax incentive agreement; the plan’s payment examples are illustrative, not binding. The Introductory Period

  • The project may be developed in up to two phases, and the phases and their incentive districts may be activated independently and in any order; developing one phase does not require building the other. District activation may be deferred, but all districts must be activated within ten years after the adopting resolution. Phases may be developed

  • If a data-center building crosses district boundaries, the county may adjust the boundaries administratively to place it within one district, without further legislative action, if the adjustment adds no more than 5% of that district’s area. administratively adjust the Incentive District boundaries

  • For oversize or overweight loads, the company may seek county consent to use county roads through a road-use agreement that sets the conditions and payments. enter into a Road Use Agreement

Sources

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