Loading map…
Regbase

The Data Center Divide

Explore a state

Oregon

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Slightly Anti-Data Center Policies

Oregon’s rules limit some tax incentives and impose higher rates, long-term contracts, and other costs on large data centers served by covered utilities; temporary permitting and state-land pauses can delay certain projects, but do not ban development statewide.

Incentives

Tax benefits

Expands enterprise-zone property-tax benefits for eligible non-data-center businesses: sponsors may approve 6-to-10-year abatements, and the Act adds waivers or pilot programs allowing otherwise-ineligible business activities to qualify. Data-center property is excluded from extended exemptions.

current law · Statewide
Requires local rather than central assessment under ORS 308.519 as amended in 2019 for qualifying companies’ data-center property, property used to operate a data center, on-site electricity-generation property, and electricity generated by that property.Oregon ORS 308.519 — Local assessment of data center property

What this means

This measure modestly discourages some data-center-related investment because it repeals a property-tax exemption for companies that build qualifying communications infrastructure, which could include data-center property. The effect is narrow, and a one-time assessment benefit remained for certain existing companies, so it does not amount to a broad barrier to data-center development or operations. Repeals the exemption for qualifying communications projects

People behind it

  • Chief sponsor of HB 2684; the bill was presession-filed.

  • Regular sponsor of HB 2684; the bill was presession-filed.

Restrictions & requirementsHide restrictions & requirements1
  • The Act repealed the property-tax exemption for companies operating a qualified communications-infrastructure project, removing a tax benefit and potentially increasing costs for qualifying companies, including on property otherwise centrally assessed under ORS 308.519. The repeal applies to tax years beginning on or after July 1, 2019 (the exemption provisions were repealed).

Benefits & exceptionsHide benefits & exceptions1
  • Qualifying data center property is locally assessed by the county rather than included in a centrally assessed unit. This covers data center property and related operating property, on-site electricity-generation property and the electricity it generates; related intangible property is also excluded from central assessment. For a company otherwise subject to central assessment, the rule applies when the historical or original cost of its Oregon data centers and additions is at least $200 million, excluding the specified generation property and electricity. The changes apply to property tax years beginning on or after July 1, 2019.

Sources

current law · Statewide
Establishes a separate electricity-service class for large energy use facilities that use or can use at least 20 megawatts and primarily provide services under NAICS 518210.Oregon HB 3546 (2025) — POWER Act

What this means

The measure does not ban data centers, but it applies to facilities using or able to use at least 20 MW and requires a separate electricity rate class and contracts of at least 10 years. Those rules can raise costs and make building or expanding a large facility less attractive, though the practical effect is limited to facilities receiving service from covered utilities.

People behind it

  • Chief sponsor of HB 3546

  • Chief sponsor of HB 3546

  • Chief sponsor of HB 3546

Show 28 more peopleShow fewer people
  • Chief sponsor of HB 3546

  • Chief sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Regular sponsor of HB 3546

  • Agency responsible for administering the measure by creating the large energy use facility service classification, approving tariff schedules, requiring contracts, and submitting biennial reports

Restrictions & requirementsHide restrictions & requirements8
  • Facilities using or able to use at least 20 megawatts and primarily providing services covered by NAICS code 518210 are placed in a separate electricity-service classification.

  • The classification must have its own tariff schedule that allocates or directly assigns the costs of serving large energy use facilities to those facilities and mitigates the risk of costs being shifted to other customer classes.

  • The Public Utility Commission must consider increased costs or risks to other customers, grid benefits, clean-energy targets, greenhouse-gas reductions, generation-resource procurement, and other public-interest conditions before approving the tariff schedule.

  • An electric company providing service to a large energy use facility must enter into a contract covering applicable transmission, distribution, energy, capacity, and ancillary services.

  • The required electricity-service contract must last at least 10 years and specify the service start date or estimated start date.

  • The contract must require the facility to pay a minimum amount or percentage based on its projected electricity usage for the contracted services over the contract term.

  • The contract may impose an additional charge for electricity demand exceeding the contracted amount.

  • The contract requirements apply to certain preexisting contracts when serving the facility requires the electric company to make significant post-enactment investments or incur costs that could increase costs or risks for other customers.

Benefits & exceptionsHide benefits & exceptions5
  • The PUC must create a separate service classification and tariff schedule for qualifying facilities using or able to use at least 20 megawatts and primarily providing services under NAICS code 518210. The dedicated classification can provide a distinct regulatory and rate structure, although the tariff must allocate serving costs to the facility or its class and mitigate risks to other customers. separate and distinct from classifications of service

  • The PUC must require utilities serving qualifying facilities to enter into contracts covering applicable transmission, distribution, energy, capacity, and ancillary services. These contracts must specify a service-start date or estimated date and last at least 10 years, providing long-term service and infrastructure-planning certainty. be for a duration for 10 years or longer

  • Until January 2, 2028, a utility and a qualifying facility are not required to use the new large-energy-use classification if the PUC has not yet approved the utility's tariff schedule. This allows service to proceed under another applicable arrangement during the transition. are not required to use a classification of service

  • The law expressly preserves a qualifying facility's ability to use PUC-approved direct access, a green power rate, a voluntary renewable energy tariff, or a special contract, provided the applicable contract still meets the Act's requirements. using direct access

  • A qualifying facility's contract may include an additional charge for excess demand beyond the tariff schedule. This permits the contract to address demand above the facility's projected or contracted level, subject to the additional charge and PUC requirements. May include a charge for excess demand

Sources

current law · State measure: Portland General Electric's service territory
Establishes Schedule 96 as a separate tariff for data centers with demand of 20 MW or more, aiming to allocate their service costs to them and prevent unwarranted cost shifting.Oregon Public Utility Commission PGE data-center cost-allocation order (2026)

What this means

The measure creates significant costs and obligations for large data centers, including 90% minimum generation and transmission charges, long-term contracts, exit fees, and a surcharge for the largest facilities. A clean-energy service queue can also delay connections, though special contracts and customer-funded investments offer ways to move projects forward.

People behind it

  • Issued and adopted the order establishing the tariff and related requirements.

  • Proposed the tariff framework and related changes, and was ordered to file implementing tariffs.

  • Joined the parties proposing the adopted First Partial Stipulation.

Show 5 more peopleShow fewer people
  • Joined the parties proposing the adopted First Partial Stipulation.

  • Joined the parties proposing the adopted First Partial Stipulation.

  • Joined the parties proposing the adopted First Partial Stipulation.

  • Joined the parties proposing the adopted First Partial Stipulation.

  • Joined the parties proposing the adopted First Partial Stipulation.

Restrictions & requirementsHide restrictions & requirements12
  • Data centers with demand exceeding 20 MW, or contracted demand of at least 20 MW at a site, are subject to Schedule 96; Rule I also requires customers at or above 20 MW to enter a Large Load Customer Agreement. 20 MW

  • A Schedule 96 customer cannot be energized until PGE has a reliable plan of service that matches the customer’s planned capacity scale-up and does not impede PGE’s HB 2021 obligations. A lower-queued customer may proceed ahead of a higher-queued one if it has a compliant plan ready. Customers in the queue will not be served until a reliable plan of service

  • Large Load Customer Agreements have a minimum term of 10 years for a 20 MW load, increasing by one year for each additional 10 MW, up to 30 years for loads of 220 MW or more. Renewals have a 10-year minimum term. 10 years for a 20 MW load

  • Schedule 96 customers must pay minimum generation and transmission demand charges set at 90% of allocated system capacity. The same minimums apply to qualifying Schedule 90 LLCA customers. We adopt a MGD and MTD of 90 percent

  • Category 2B and 3 customers, including covered data centers, face a flat billed distribution demand charge intended to recover the revenue requirement for their dedicated distribution assets, rather than a charge based only on actual use. a flat billed distribution demand is appropriate for Category 2B and 3 customers

  • At contract signing, PGE may require a system capacity allocation deposit equal to two years of minimum transmission demand. It is refunded in two 50% installments in years two and three after energization only if the customer meets the specified 80% allocated-capacity demand and contracted flexibility-plan conditions. equal to two years of minimum transmission demand

  • Schedule 96 customers exceeding allocated system capacity incur an hourly penalty, with no buffer: four times the transmission rate and 1.5 times the generation rate. four times the transmission rate and 1.5 times the generation rate per hour

  • For customers with allocated capacity of 20 MW or more, an early-exit fee includes the net book value of incremental distribution assets and the greater of remaining minimum transmission and generation demand charges for the contract term or three years of those charges at the contract’s highest allocated system capacity. the remaining MTD and MGD charges for the remainder of the contract

  • Schedule 96 customers with allocated system capacity of at least 100 MW must pay a 1-cent-per-kWh surcharge for non-cost-effective energy efficiency, critical home repairs, or distributed energy resources. a surcharge of 1 cent per kWh

  • All Schedule 96 customers must contribute the maximum amount allowed under HB 3141 toward cost-effective energy efficiency and public-purpose programs, including during scale-up. require all Schedule 96 customers to contribute the maximum amount allowable

  • A Schedule 96 customer choosing direct access remains responsible for transition charges, the system-capacity deposit, exit fee, and flat distribution charge; it also pays a transmission demand charge for any shortfall below its minimum transmission demand. Direct access loads will pay transition charges

  • Special contracts must be filed with the Commission at least 60 days before the requested decision, allowing for Commission review before approval. at least 60 days ahead of a requested decision

Benefits & exceptionsHide benefits & exceptions5
  • A customer with a large load customer agreement (LLCA) or minimum load agreement (MLA) may contribute up to 100% of the cost of non-shared distribution assets. Customers of 20 MW or more may also contribute up to 100% of generation and transmission investments; this may speed interconnection when the delay is caused by generation or transmission needs.

  • Large loads may use direct access to procure their own generation. The customer remains responsible for applicable transition charges, the system capacity deposit, exit fee, distribution charge, and any shortfall between actual use and minimum transmission demand; the order does not impose a minimum generation demand charge on direct-access service.

  • The Schedule 96 interconnection queue allows a customer with a reliable, HB 2021-compliant plan of service matching its scale-up schedule to move forward even if a higher-queued load is not ready. A plan may rely on the customer's non-emitting resources under a Commission-approved special contract, direct access, load flexibility, or customer-funded load reductions.

  • Data centers may seek Commission-approved special contracts with PGE for dedicated resources to meet some or all of their energy and resource-adequacy needs. Review is case by case; filings must address resource cost, emissions targets, reliability, resource adequacy, and POWER Act requirements. The order identifies as guidance resources that were not shortlisted in an RFP, co-located resources, geothermal, and other case-by-case Commission-approved resources.

  • PGE may recognize a data center's grid-flexibility benefits as a credit in a special contract. The Commission will consider those benefits case by case; it did not establish a general flexibility subclass or automatic credit.

Sources

current law · State measure: Portland General Electric Company service territory
Sets PGE’s direct-access service terms for data-center customers with site demand of at least 20,000 kW, or a contract for that level of demand, including landlords with data-center tenants.Portland General Electric Schedule 596 Data Center Direct Access Service (2026)

What this means

This measure does not stop data centers from being built, but it adds meaningful operating costs and conditions for large data centers choosing this service, including monthly charges and a penalty for exceeding allocated capacity (capacity exceedance penalty). Because it applies to a limited group of large customers and creates a defined service option, its overall effect is a moderate added burden rather than a major barrier to development.

People behind it

  • Issued the tariff schedule governing data center direct access service.

Restrictions & requirementsHide restrictions & requirements7
  • The schedule applies to data center customers with demand of at least 20,000 kW or a contract for at least that amount. Individually metered tenants are also covered when their site’s aggregated demand or contracted demand reaches 20,000 kW, even if the tenant’s own demand is lower.

  • Before opting out, customers must enroll the entire site under Schedule 96. A customer generally must take Schedule 96 service for at least one year before opting into Schedule 596; the one-year requirement does not apply to customers that existed before Schedule 96.

  • Customers must pay Schedule 596’s basic, distribution, peak-demand, and system-usage charges. Minimum charges include the basic and distribution charges, with minimum facility capacity and demand of 200 kW for primary-voltage service and 4,000 kW for subtransmission-voltage service. PGE may require higher minimums by written agreement when needed to justify its facilities investment.

  • If a customer subject to a Large Load Customer Agreement moves from Schedule 96 to Schedule 596 without meeting the agreement’s minimum transmission demand, it must pay the difference between actual and contracted demand at the effective Schedule 96 transmission-demand rate.

  • Demand above the customer’s Allocated System Capacity incurs an hourly penalty per MW of exceedance, calculated at four times the schedule’s transmission rate. Exceeding the Capacity Exceedance Threshold can also lead to curtailment, termination, or other remedies under the customer’s service contract.

  • Customers must have interval metering and meter communications in place before service begins under Schedule 596.

  • For primary- or subtransmission-voltage service, customers must provide, install, and maintain required transformers, switches, cutouts, protection equipment, and wiring. The equipment and its arrangement and operation are subject to PGE approval.

Benefits & exceptionsHide benefits & exceptions3
  • Qualifying data centers can receive direct-access service and choose an Electricity Service Supplier. Eligibility is limited to customers with demand of at least 20,000 kW, or a contract for that amount, providing data center services or serving as a landlord for such tenants; customers must first take service under Schedule 96 for at least one year, except those that existed before Schedule 96. Direct Access Service eligibility

  • Individually metered tenants on a data center campus can qualify even when their own demand is below 20,000 kW, if the aggregated site meets that threshold or has contracted for at least 20,000 kW. Tenants of data center campuses

  • Customers may change service options during an annual November election window, with the change taking effect January 1. November Election Window

Sources

current law · State measure: Portland General Electric Company service territory; the source does not specify the counties
Creates an optional cost-of-service opt-out tariff for qualifying data-center customers and landlords with site demand or contracted demand of at least 20,000 kW; customers must first enroll the entire site under Schedule 96.Portland General Electric Schedule 496 Data Center Cost-of-Service Opt-Out (2026)

What this means

The tariff would give eligible large data centers another way to buy electricity, including from a supplier other than PGE, but it does not guarantee lower prices or directly reward construction (eligible customers). The five-year minimum option and 300 MW limit add conditions, so the overall effect on building and operating data centers appears roughly neutral.

People behind it

  • Issued the tariff schedule and administers its terms for covered customers.

Restrictions & requirementsHide restrictions & requirements9
  • The schedule applies to data center customers with demand of at least 20,000 kW or a contract for that amount; individually metered tenants are also covered when the aggregated campus reaches the threshold. 20,000 kW threshold and campus aggregation

  • To enter the schedule, customers must first enroll the entire site under Schedule 96 and generally take service under it for at least one year; the one-year requirement does not apply to customers that existed before Schedule 96. Schedule 96 enrollment requirements

  • Service under the schedule is limited to the first 300 MWa allocated across Schedules 485, 489, 490, 491, 492, 495, and 496. 300 MWa service limit

  • Customers must commit to a minimum five-year term or choose a fixed three-year term. For the five-year option, customers enrolled through Enrollment Period L must give two years’ termination notice; later enrollees must give three years’ notice. Term and termination notice requirements

  • If a customer exceeds its Allocated System Capacity, it must pay an hourly penalty equal to four times the schedule’s transmission demand rate for each MW of excess; exceeding the Capacity Exceedance Threshold may also lead to curtailment or termination. Capacity exceedance penalty and remedies

  • Customers pay basic and distribution charges, as well as applicable demand, usage, wheeling, transmission, and ancillary-service charges; reactive demand above 40% of maximum demand incurs an additional 50¢ per kilovolt-ampere. Monthly charges Reactive demand charge

  • The minimum charge is the basic and distribution charges, and the utility may require a written agreement setting a higher minimum charge, Facility Capacity, or demand to justify its investment. The stated minimum Facility Capacity and demand are 200 kW and 4,000 kW, respectively, for primary and subtransmission service. Minimum charge and capacity requirements

  • A customer transitioning from Schedule 96 under a Large Load Customer Agreement that falls short of its contracted minimum transmission demand must pay for the shortfall at the effective Schedule 96 transmission-demand rate. Transmission minimum shortfall charge

  • Customers must enter a service agreement. Direct-access customers need interval metering and meter communications; customers served at primary or subtransmission voltage must provide, install, and maintain specified transformers and other service equipment on their premises. Service agreement, metering, and equipment requirements

Benefits & exceptionsHide benefits & exceptions3
  • Eligible data-center customers can choose Schedule 496, a cost-of-service opt-out rate schedule. It applies to qualifying sites with demand or a contract of at least 20,000 kW, but customers generally must first serve the entire site under Schedule 96 for at least one year and enroll during an eligible window. The schedule is limited to the first 300 MWa across specified schedules. The schedule is for facilities of at least 20,000 kW.

  • Customers may choose direct access and buy energy from an Electricity Service Supplier, or choose PGE-supplied energy priced using the ICE Mid-Columbia index plus 2 mills per kWh and losses. The energy-supply election applies to all of the customer’s service points under the schedule; choosing PGE-supplied energy requires at least five business days’ notice. The customer may elect to purchase energy from an Electricity Service Supplier or from the Company.

  • The tariff allows eligible customers to enroll additional service points in a later enrollment window, supporting expansion, if the existing enrolled points meet the 1 MWa criterion and the 250 kW Facility Capacity requirement is met. The overall 300 MWa limit still applies. Customers with existing enrolled SPs meeting the 1 MWa criteria.

Sources

current law · State measure: Portland General Electric customers; the order does not identify the affected counties
Approves PGE’s compliance filing updating tariffs and rules in response to the Commission’s direction on large-customer costs and rates, including new data-center service schedules and changes to large nonresidential schedules and Rule I.Oregon Public Utility Commission PGE large-load tariff compliance approval (2026)

What this means

The measure creates data-center-specific rate schedules and raises data center customers’ rates by an average of 29 percent, making operation more expensive. It does not impose a ban or a clear barrier to building, so the main effect is a meaningful added cost rather than a development restriction.

People behind it

  • Filed Advice No. 26-24 proposing the rate schedule and rule updates.

  • Approved PGE’s proposed updates by order.

Restrictions & requirementsHide restrictions & requirements2
  • Effective July 8, 2026, the approved rate changes result in an average rate increase of 29% for data center customers.

  • An exceedance penalty applies under Schedules 89 and 90 to customers who have signed a Large Load Customer Agreement. The document does not state the penalty amount or exceedance threshold.

Benefits & exceptionsHide benefits & exceptions1
  • PGE created Schedule 96, Data Center Standard Service, and Direct Access variations, establishing data-center-specific electricity rate schedules. The document does not state that these schedules offer lower rates; it says the overall rate changes average a 29% increase for data center customers.

Sources

current law · State measure: Portland General Electric Company’s service territory
Establishes a dedicated electricity tariff for data-center sites with demand of at least 20,000 kW or a contract for that capacity, including qualifying tenants and landlords.Portland General Electric Schedule 96 Data Center Standard Service (2026)

What this means

The tariff creates meaningful costs and potential delays for large data centers: projects may need studies, allocated capacity, and long-term contracts that assign them costs for utility upgrades. It also provides service and direct-access options rather than banning development, but those options do not remove the added requirements for large-load projects.

People behind it

  • Filed Advice No. 26-24 proposing the tariff changes and administers the electric-service schedules.

  • Approved the filing, adopting Staff’s recommendation with modification.

  • Prepared the recommendation adopted by the Commission, with modification.

Restrictions & requirementsHide restrictions & requirements11
  • Large data-center load requests of 20,000 kW or more fall under PGE’s capacity-allocation process. Applicants may have to fund feasibility, system-impact, and facilities studies; studies take at least 30, 60, and 90 days respectively, and completing a study does not guarantee capacity or service. In cluster studies, capacity may be allocated pro rata. Applicants in Capacity Categories 2A, 2B, and 3

  • Applicants in Capacity Category 3 must pay applicable study costs and sign a customer service contract as a condition of service. For a large-load customer agreement, the term is at least 10 years for 20 MW of allocated capacity, increasing by one year for each additional 10 MW, up to 30 years for loads of 220 MW or more. The contract can require billed distribution demand, minimum transmission and generation demand, a deposit equal to two years of minimum transmission demand, and an exit fee. required to sign a Customer Service Contract

  • Schedule 96 applies to qualifying data-center sites with demand of at least 20,000 kW or a contract for at least that amount. Certain customers—those starting service after June 16, 2025, or earlier customers whose service requires significant post-date investment or costs—must enter a service contract; any special contract is subject to PUC review and approval. Customers commencing service after the effective date of HB 3546

  • Schedule 96 customers that exceed their allocated system capacity face an hourly penalty per MW of excess demand, calculated at four times the transmission rate plus one and a half times the generation rate. PGE may also curtail or terminate service, or use other contract remedies. actual demand exceeds Allocated System Capacity

  • Schedule 96 imposes a reactive-demand charge of 50 cents per kVA for reactive demand above 40% of maximum demand, in addition to the scheduled monthly charges. Reactive Demand Charge

  • A targeted surcharge of 1 cent per kWh applies to Schedule 96, 496, 596, and 696 customers at sites with allocated system capacity of at least 100 MW, or to customers without a signed large-load agreement that reach at least 100 MW of peak demand twice in the preceding 12 months. Allocated System Capacity of 100 MW or greater per site

  • To move from Schedule 96 to data-center cost-of-service opt-out Schedule 496 or direct-access Schedule 596, a customer generally must first take service for the entire site under Schedule 96 for at least one year; Schedule 496 also requires prior enrollment in a long-term opt-out window. Schedule 496 shares a 300 MWa limit with several other opt-out schedules. minimum of one year prior to receiving service on this schedule

  • New-load data-center opt-out Schedule 696 is limited to 119 MWa and is offered first-come, first-served. The load must be separately metered or measured by an agreed method, qualify as new large load, and reach at least 20 MWa over a consecutive 12-month period within the first 36 months. Enrollment notice and an opt-out agreement are due by the earlier of one year before expected energization or when the customer enters a binding distribution-service agreement. limited to 119 MWa

  • Schedule 696 requires an eligible customer or its selected energy supplier to demonstrate creditworthiness; otherwise the customer is ineligible for the schedule and is placed on an applicable cost-of-service rate. A customer has 10 business days to sign the tendered service agreement. will not be eligible for service under this rate schedule

  • Schedule 696 requires customers to use an energy-resource mix that excludes coal-fired generation and to provide PGE a signed affidavit. A customer found in violation of the no-coal-delivered-by-wire requirement after January 1, 2030 is moved to the general cost-of-service opt-out program at the next direct-access opt-out window and is subject to transition adjustments. does not include coal-fired generation

  • Schedule 696 service has a minimum 36-month period to determine whether the customer meets its load threshold. If, after 36 months, the customer has not met the schedule’s stated minimum load requirement, PGE may de-enroll it and move it to a cost-of-service rate. Customers generally must give at least three years’ notice to return to cost-of-service pricing. minimum of 36 months

Benefits & exceptionsHide benefits & exceptions6
  • Data centers meeting the tariff’s 20,000 kW threshold can take service under a dedicated standard-service schedule. It covers qualifying data-center operators and landlords, and aggregates separately metered tenants on a campus when the site meets or has contracted for the threshold. The schedule offers cost-of-service pricing by default, a daily market-price option, or direct access to an electricity supplier; changing options is subject to notice and term requirements. Data Center Standard Service

  • Qualifying data centers can opt out of standard cost-of-service pricing through dedicated cost-of-service opt-out and direct-access schedules. The opt-out schedules require enrollment in a long-term opt-out window; the direct-access option requires service under Schedule 96 for at least one year, unless the customer existed before Schedule 96. These schedules are subject to enrollment and capacity limits, including the shared 300 MWa limit for specified long-term opt-out schedules. Data Center Cost-of-Service Opt-Out

  • A separate program lets qualifying new data-center loads opt out of cost-of-service-based pricing under Schedule 696 and choose direct access or company-supplied energy priced by a market index. The load must be separately metered, reach at least 20 MWa during a consecutive 12-month period within its first 36 months, and fit within the program’s 119 MWa cap; service has a minimum 36-month term and other enrollment requirements. Schedule 696 New Large Load Data Center

  • PGE’s tariff provides a process for large-load applicants to request capacity and obtain feasibility, system-impact, and facilities studies. For qualifying large projects, applicants enter a capacity-allocation process and a customer service contract; PGE may build and own distribution facilities to the service point, while the contract allocates the associated work costs to the applicant. System Capacity Allocation Process

  • Applicants may be allocated additional transmission capacity by proposing eligible flexible load before the initial study and participating in a PGE-approved flexible-load or demand-side-management program. Additional Allocated System Capacity

  • Under a Large Load Customer Agreement, PGE holds allocated system capacity for the contract term, including renewals, subject to possible reductions if the customer fails to meet flexible-load-plan requirements. Capacity reductions requested by a customer depend on whether PGE can reallocate the capacity to another customer. Capacity held under an LLCA

Sources

current law · Statewide
Restricts Oregon enterprise-zone property-tax incentives for data centers by prohibiting extensions beyond the standard three-year exemption for qualified property used to operate a data center and excluding such property from flexible hiring timelines and alternative performance criteria.Oregon HB 4084 (2026) — Enterprise-zone data-center incentive restriction

What this means

The measure temporarily blocks data centers from getting enterprise-zone tax-exemption authorization and permanently bars them from extended abatements and flexible hiring rules in that program (data center limits). These are meaningful limits on tax benefits, but they do not ban building or operating data centers, and the restrictions apply to the standard Enterprise Zone program.

Timing

Ends
90 days following the date on which the 2027 regular session of the Legislative Assembly adjourns sine die

The moratorium bars authorization of data center projects under the standard Enterprise Zone program until that point; the moratorium provision is repealed on 2029-01-02. Data centers remain excluded from extended abatement agreements and flexible hiring timelines or alternative performance criteria. No extension condition is stated.

People behind it

  • Requested the bill for the Office of the Governor and proposed the economic development package.

  • The bill was filed at the Governor’s request for this office; the Governor appoints the Joint Permitting Council and decides whether to approve FastTrack applications.

  • Administers the FastTrack permitting program, reviews applications, develops project plans, and reports on project status.

Show 11 more peopleShow fewer people
  • Reviews FastTrack applications for consistency with regional economic development priorities and recommends whether to advance projects.

  • Administers several enterprise-zone and tax-credit provisions, including rulemaking, eligibility determinations, and certifications.

  • Prescribes the enterprise-zone authorization application form and may waive certain application filing deadlines.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

  • Must publish a catalog of relevant permits and report on permitting timelines and streamlining opportunities.

Restrictions & requirementsHide restrictions & requirements3
  • Temporary moratorium on enterprise-zone authorization: a business may not receive authorization under ORS 285C.140 for property in a data center project until 90 days after the 2027 regular session adjourns sine die. The moratorium is repealed January 2, 2029.

  • Data-center property cannot receive an extended enterprise-zone property-tax exemption under ORS 285C.160; the extension may otherwise last up to two additional tax years or, if requirements are met, no more than 10 years.

  • Data-center property is excluded from the flexible hiring timelines and alternative performance criteria that sponsors and businesses may agree to under ORS 285C.200.

Benefits & exceptionsHide benefits & exceptions2
  • Eligible data-center projects may seek expedited state permitting through the FastTrack program if they meet the investment threshold for their location, require multiple regulatory approvals, advance job creation or GDP growth through a target industry cluster, meet readiness and land-use criteria, do not need permit renewals, and receive the Governor’s approval. No more than 15 projects may be in progress at once. The Council must create a plan with shorter permitting timelines and identify a lead agency. The plan must provide for a shorter timeline.

  • For a limited period, specified state agencies must publish catalogs of economic-development-related permits, including processing timelines, fees, pending applications and analyses of streamlining opportunities, and report permit-processing problems and improvement options to the Governor. This may aid data-center permitting, but does not itself guarantee faster approval; the requirements are repealed January 2, 2027. The catalog must identify opportunities to streamline.

Sources

current law · Statewide
Defines OAR 123-650-0100 to treat a data center as property primarily used to store, process, transmit, or retrieve digital data, including related computing, power, and cooling infrastructure, while excluding computing systems incidental to a noncomputing business and telecommunications centers primarily carrying communications.OAR 123-650-0100 — Definitions (Data Center and Data Center Project)

What this means

The measure would temporarily block new data center projects from receiving the standard enterprise-zone property-tax exemption until 90 days after the 2027 legislative session ends (“may not be authorized”). It also bars longer abatements and some hiring-rule flexibility for data centers, though it does not ban construction or operation and leaves certain other tax programs untouched (“may not be extended”).

Timing

Ends
90 days following the date on which the 2027 regular session of the Oregon Legislative Assembly adjourns sine die

The restriction bars authorization under the standard enterprise zone exemption for data center projects. It does not apply to qualifying projects authorized before 2026-06-05, rural long-term exemption certifications, or eligible projects in strategic investment zones. The temporary rule is repealed on 2029-01-01, and the statutory provision establishing the restriction is repealed on 2029-01-02.

People behind it

  • The enrolled bill was introduced at her request; she is also assigned roles in appointing the Joint Permitting Council and deciding fast-track applications. At the request of Governor Tina Kotek

  • Identified as the office on whose behalf the bill was requested. for Office of the Governor

  • Created by the measure to administer its fast-track permitting program. shall administer a fast track permitting program

Show 11 more peopleShow fewer people
  • Assigned to review fast-track project applications for consistency with regional priorities and report a recommendation to the Governor. review the project

  • Assigned enterprise-zone rulemaking and waiver duties, as well as certification and rulemaking responsibilities for the job tax credit. shall adopt rules

  • Assigned joint responsibilities with the Oregon Business Development Department for prescribing enterprise-zone authorization forms and tax-credit administration. form prescribed by the Department of Revenue

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

  • Required to publish a catalog of relevant permits and report on permitting timelines and improvement opportunities. shall publish a catalog of permits

Restrictions & requirementsHide restrictions & requirements3
  • Temporary authorization ban: A business firm may not be authorized for an enterprise-zone property tax exemption for a data center project before 90 days after the 2027 regular legislative session adjourns sine die. The statutory restriction is repealed January 2, 2029. The authorization restriction

  • No extended exemption period: Property used to operate a data center cannot receive an extension of the standard enterprise-zone property tax exemption period under ORS 285C.160. The data center exclusion

  • No flexible hiring or alternative performance pathway: The statutory options for flexible hiring timelines and alternative performance criteria do not apply to qualified property used to operate a data center. The data center limitation

Benefits & exceptionsHide benefits & exceptions1
  • The measure creates a fast-track permitting program that can expedite state regulatory approvals for projects meeting its eligibility criteria, potentially including data center projects. Requirements include exceeding the applicable capital-investment threshold ($25 million, $50 million or $100 million, depending on location), needing multiple regulatory approvals, advancing job creation or GDP growth through a target industry cluster, meeting readiness and land-use compatibility criteria, and not requiring permit renewals. The program is capped at 15 projects in progress. The council shall administer a fast track permitting program.

Sources

current law · Statewide
Requests Oregon DEQ to use its existing discretion to pause until July 1, 2027, processing and issuing specified air and water discharge permits for new or expanded data centers, including NPDES, WPCF, ACDP, and Title V permits and certain municipal wastewater permit applications.Oregon Governor's Letter Directing Pause on Environmental Permitting for Data Centers (2026-10-09)

What this means

The measure would pause processing and issuing key air and water permits for new or expanded data centers until July 1, 2027, delaying projects that need them to be built or operated (pause permits until July 1, 2027). It does not ban all data center activity, but this temporary permitting freeze is a major barrier.

Timing

Ends
Jul 1, 2027

People behind it

  • Proposed the temporary permitting pause by asking DEQ to halt processing and issuance of specified permits until July 1, 2027 (asking you to exercise your existing administrative authority).

  • Was asked to exercise DEQ’s administrative authority to implement the pause (Dear Director Feldon).

  • Was asked to pause processing and issuance of the specified permits (pause processing and issuance).

Restrictions & requirementsHide restrictions & requirements2
  • The letter asks DEQ to pause processing and issuing NPDES, WPCF, ACDP, and Title V permits relevant to construction or operation of new or expanded data centers in Oregon until July 1, 2027. The requested pause

  • The requested pause also covers municipal applications to renew or modify wastewater-treatment-plant permits to accommodate wastewater discharge from data-center industrial sources. Municipal permit applications

Sources

current law · Statewide
The directive tells Oregon state agencies to pause unapproved requests involving state-owned property for data center projects, including easements, leases, land-use permits, and sales or transfers.Oregon Governor’s directive pausing state-land requests for data center projects (2026)

What this means

The measure would pause new data center projects that need unapproved access to or use of state-owned land until July 1, 2027, causing delays or preventing some projects from moving forward during that period (pause on state-property requests). It does not ban data centers statewide or directly restrict projects on private land, so its overall effect is meaningful but limited.

Timing

Ends
2027-07-01, or earlier if statewide action from the Governor’s Office or the Legislature directs otherwise

The pause covers unapproved requests involving state-owned property for data center projects; it is not a statewide moratorium on data center development.

People behind it

  • Directed the pause on unapproved state-property requests for data center projects and is responsible for the action.

  • Directed by the Governor to implement the pause.

Restrictions & requirementsHide restrictions & requirements1
  • State agencies must pause unapproved requests for easements, rights-of-way, leases, rentals, land-use permits, and sales or transfers of state-owned property for data center projects. The pause applies through July 1, 2027, or until statewide action directs otherwise; it does not apply to requests already approved. Pause unapproved requests

Sources

Data provided by Regbase · Cookie preferences · Report missing data