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Regbase

The Data Center Divide

Gray County

Neutral Data Center Policies

Gray County’s enacted agreement applies tax benefits and operating conditions to a hydrogen project, not data centers, so it creates no data-center-specific incentive or requirement.

Incentives

Tax benefits

Attached proposed agreements offer IP Meitner ten years of 100% county property-tax abatement on eligible hydrogen and solar project improvements, excluding separately assessed road taxes; execution is unverified. Proposed abatement terms.

current law · County project: IP Meitner, LLC project/property
This project-specific agreement addresses county-road use, local planning coordination, and fire-safety training for IP Meitner’s proposed data-center facility.Gray County–IP Meitner, LLC Road Use, Local Plans, and Fire Safety Training Agreement

People behind it

  • Governmental party to the tax abatement agreement and administrator of the tax abatement measure.

  • Governmental body responsible for adopting the resolution designating the IP Meitner reinvestment zone.

  • Company that proposed or applied for the reinvestment zone and tax abatement and party to the agreement.

Restrictions & requirementsHide restrictions & requirements5
  • The tax abatement is conditioned on IP Meitner, LLC constructing and installing the specified data-center improvements within the agreement’s required schedule; failure to complete the project can result in loss of the abatement.

  • IP Meitner, LLC must meet the agreement’s required investment in taxable improvements and maintain those improvements during the abatement period.

  • The company must continue operating and using the property for the approved project during the abatement term; discontinuing the required use can terminate the abatement.

  • The company must remain current on taxes and comply with the agreement’s conditions. Nonpayment or noncompliance can result in termination of the abatement and recovery of previously abated taxes.

  • The company must provide the county with required annual certifications and supporting information concerning the project, improvements, investment, and compliance.

Benefits & exceptionsHide benefits & exceptions3
  • Gray County designates the specified property as a reinvestment zone, making the project eligible for a county property-tax-abatement agreement.

  • The county provides a property-tax abatement for qualifying data-center improvements and business personal property placed in service for the project, subject to the agreement’s eligibility requirements and abatement schedule.

  • The tax benefits are conditioned on IP Meitner’s compliance with the agreement, including the required project development and investment commitments; the county may terminate the abatement or recover benefits if those obligations are not met.

Sources

current law · County project: IP Meitner, LLC data center facility and associated reinvestment zone
This project-specific agreement provides a property-tax abatement or related tax incentive for IP Meitner, LLC’s proposed data-center facility in Gray County.Gray County–IP Meitner, LLC Datacenter Facility Tax Abatement Agreement

People behind it

  • County party to the tax abatement agreements and administering taxing-unit responsibilities under them.

  • County governing body responsible for designating the reinvestment zone and authorizing the agreements.

  • Owner and project developer proposing the solar and hydrogen projects and party to the tax abatement agreements.

Benefits & exceptionsHide benefits & exceptions13
  • Provides a 100% abatement of County property taxes on qualifying improvements and other eligible property for 10 full calendar years, beginning January 1, 2028. The abatement excludes separately assessed County road taxes and does not cover pre-existing or ineligible property. Tax Abatement Agreement

  • Defines eligible property broadly to include new, expanded, or modernized buildings and structures, fixed machinery and equipment, batteries, site improvements, related fixed improvements, and other qualifying real and tangible personal property. Inventory and supplies are excluded, and real-property taxes are abated only on value above the agreement-year baseline. Eligible Property

  • Sets the base-year value for proposed improvements at zero, allowing the full appraised value of newly constructed qualifying improvements to receive the stated abatement. The base year value

  • Allows the owner to request a deferral of the abatement period for up to 18 months, subject to County approval, which may not be unreasonably withheld. The total abatement period cannot exceed 10 years. Abatement period may be deferred

  • Permits the agreement and project interests to be assigned to other parties, lenders, or foreclosure purchasers, supporting financing, ownership transfers, and lender remedies. Assignment and lender rights

  • Requires the County to provide reasonable assistance with project financing, including information, assignment consents, estoppel certificates, certifications, and requested cooperation with lenders' engineers or advisers. County financing assistance

  • Allows the owner and contractors to use County roads, rights-of-way, and easements for access, temporary encroachments, and overhead or underground utility crossings during construction, operation, and maintenance. Road and right-of-way use

  • Provides for a separate County Judge letter, if requested, evidencing permission to use County roads, rights-of-way, and easements. Separate letter evidencing permission

  • Protects the agreed abatement value and owner payment obligations if a later law, rule, or regulation would otherwise reduce the abatement or increase the required County payments; the parties must amend the agreement to preserve the original values and obligations. Protection against later requirements

  • Excuses a default caused by force majeure, including governmental actions, fires, floods, strikes, court or government orders, epidemics, and machinery or line accidents. Force majeure protection

  • Gives the owner and notified lenders 90 days to cure a default, or to begin and diligently continue performance when curing requires more time, before termination or tax recapture can occur. 90-day cure period

  • Limits the County's remedy for an uncured default to cancellation or modification of the agreement and tax recapture, with recaptured taxes reduced by payments already made under the agreement. Limits on default remedies

  • Requires the County to give 72 hours' notice before inspecting improvements and requires inspections to avoid unreasonable interference with construction or operations and to follow applicable safety standards. Inspection limits

Sources

current law · County project: The IP Meitner reinvestment zone and project area; exact geographic boundaries are not specified in the sources
Would create proposed Chapter 312 property-tax abatements for IP Meitner’s separate hydrogen and solar projects in Gray County, providing a 100% abatement of County maintenance-and-operations taxes on eligible new improvements for ten years while leaving noneligible property, pre-existing value, and road taxes taxable.Gray County Reinvestment Zone – Intersect Power / IP Meitner

What this means

The agreement’s tax benefits and operating conditions apply to IP Meitner’s hydrogen project, not data centers. It therefore provides no meaningful data-center incentive or added requirement.

People behind it

  • Taxing unit and administering party to the proposed tax abatement agreements; designated the reinvestment zone and would grant and administer the abatements.

  • Project owner and counterparty that proposed and would receive the tax abatements in exchange for developing the hydrogen and solar projects and fulfilling the agreements' obligations.

Sources

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