Loading map…
Regbase

The Data Center Divide

Waukesha County

For Waukesha County, see Wisconsin’s statewide laws and regulations below. No additional county-specific measures are listed in our research.

Pro-Data Center Policies

Wisconsin offers certified data centers a sales-tax exemption on qualifying construction, equipment, operations, and electricity, provided they meet county-dependent investment minimums within five years. The source also describes the enacted law as a proposed measure, creating a conflict in its descriptions.

Incentives

Tax benefits
5

Creates sales and use tax exemptions for qualifying data-center equipment, electricity, cooling systems, and construction materials, subject to WEDC certification.

Proposes expanding eligibility for the existing data-center sales/use tax exemption to facilities housing individual servers and facilities providing rented or owned space and related resources; the bill modifies the definition of qualified data center.

Creates a sales and use tax exemption for equipment or software used at WEDC-certified qualified data centers.

Creates a sales and use tax exemption for equipment or software used at WEDC-certified qualified data centers.

Expands sales and use tax exemption eligibility to buildings housing individual as well as networked servers and facilities offering rented or owned space and related resources to owners, operators or tenants.

current law · Statewide
The data-center provisions of 2023 Wisconsin Act 19 create a qualified data center sales and use tax exemption covering eligible construction and operating property, cooling systems and electricity.Wisconsin 2023 Wisconsin Act 19

What this means

The measure would provide a broad sales and use tax exemption for qualifying data-center construction, equipment, operations, and electricity. Eligibility requires state certification and a minimum investment of $50 million to $150 million within five years, depending on the county, so the substantial benefit is conditional; the measure adds no general operating restrictions. exemption for qualified data centers minimum qualified investment

People behind it

  • Introduced the bill that became 2023 Wisconsin Act 19.

Restrictions & requirementsHide restrictions & requirements1
  • Certification requires minimum qualified investment; contracts must include recapture provisions. These condition the incentive rather than prohibit development.

Benefits & exceptionsHide benefits & exceptions1
  • Exempts eligible property used at a qualified data center, including server and networking equipment, electricity and qualifying cooling-system property.

Sources

failed · Statewide
Would expand Wisconsin’s sales and use tax exemption for qualified data centers by allowing facilities with individual or networked servers and services such as cooling, enhanced security, and managed infrastructure, while retaining WEDC certification and existing ownership and investment requirements; it would also exclude facilities used for cryptocurrency creation or transaction verification.Wisconsin SB 244 (2025-2026)

What this means

The bill would let more data centers qualify for Wisconsin’s sales and use tax exemption, including facilities offering space, utilities, cooling, and related services (rent or own space and other vital resources). That is a meaningful financial benefit, though buildings used for cryptocurrency creation or transaction verification would be excluded and existing investment thresholds would remain.

People behind it

  • Introduced the bill and later offered Senate Amendment 1; also identified as a sponsor.

  • Introduced the bill and identified as a sponsor.

  • Cosponsored the bill.

Show 10 more peopleShow fewer people
  • Cosponsored the bill.

  • Cosponsored the bill.

  • Cosponsored the bill.

  • Cosponsored the bill.

  • Cosponsored the bill.

  • Cosponsored the bill.

  • Cosponsored the bill.

  • Cosponsored the bill.

  • Was later added as a cosponsor.

  • Administers the qualified-data-center certification connected to the sales and use tax exemption addressed by the bill.

Restrictions & requirementsHide restrictions & requirements1
  • Buildings used for or to facilitate cryptocurrency creation, including the process of verifying and securing cryptocurrency transactions and blockchains, cannot be certified as qualified data centers and therefore cannot receive the related sales and use tax exemption.

Benefits & exceptionsHide benefits & exceptions3
  • Expands eligibility for the sales and use tax exemption to data centers housing individual as well as networked server computers, provided the buildings are owned, leased, or operated by the same business entity or an affiliate and meet the applicable minimum investment requirement.

  • Allows a qualified data center to qualify when it provides owners, operators, or tenants the opportunity to rent or own space, utilities, cooling capacity, enhanced security features, or access to infrastructure, platforms, software, and other managed services.

  • Makes property and items used to construct, operate, or renovate a data center eligible for the existing sales and use tax exemption when the data center meets the amended qualified-data-center requirements and is certified by the Wisconsin Economic Development Corporation.

Sources

failed · Statewide
Would have regulated large energy customers, utilities, and data centers through large energy-customer fees, utility rate oversight and renewable-resource tariffs, energy and water-use reporting, sustainable-building certification, prevailing-wage requirements, and renewable-energy conditions for certain tax exemptions.Wisconsin AB 722 (2025-2026)

What this means

The bill would add substantial costs and conditions, especially for large data centers: those seeking the sales-tax exemption would need to meet prevailing-wage rules and use at least 70% renewable electricity, and large energy customers with peak demand of 100 MW or more could face annual fees starting at $2 million (fee levels). All data centers would also have to obtain an approved sustainability certification and report water use. These burdens are significant, though the bill would not ban development.

People behind it

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

Show 50 more peopleShow fewer people
  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Representative; bill author and introducer

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; bill cosponsor

  • Senator; later-added bill cosponsor

  • Representative; later-added bill coauthor

  • Representative; later-added bill coauthor

  • Representative; later-added bill coauthor

  • Representative; later-added bill coauthor

  • Senator; later-added bill cosponsor

  • Representative; later-added bill coauthor

  • Would administer and collect the annual large-energy-customer fee and distribute the proceeds

  • Would administer the Green Innovation Fund allocation and certify or revoke data-center sales-and-use-tax exemptions

  • Would establish the very-large-customer class, regulate renewable-resource tariffs, receive utility reports, and oversee water-use notifications

  • Would certify data-center compliance with sustainable-design or green-building standards

  • Would collect and submit quarterly data-center energy-source reports and notify the Public Service Commission of specified water-use increases

  • Would require data centers to report water usage and publish that information

Restrictions & requirementsHide restrictions & requirements8
  • Laborers and mechanics constructing or refurbishing a large-scale data center must be paid the prevailing wage rate; workers covered by a collective bargaining agreement must receive the higher of the prevailing wage or applicable contract wage. A large-scale data center is generally one with at least 25,000 square feet and at least $250 million in qualifying costs incurred within a 60-month period beginning July 1, 2026.

  • Owners or operators of data centers must obtain certification from the Department of Safety and Professional Services, within three years after operations begin, that the facility meets an approved sustainable-design or green-building standard, such as BREEAM, Energy Star, Envision, ISO 50001, LEED, Green Globes, or UL 3223.

  • To qualify for the data-center sales and use tax exemption, a large-scale data center must satisfy the prevailing-wage requirements and obtain at least 70 percent of its total annual electricity from renewable resources.

  • The Wisconsin Economic Development Corporation must revoke a qualified data center’s sales-and-use-tax certification and impose recapture provisions if the facility fails to meet the applicable investment, prevailing-wage, or renewable-energy requirements, although WEDC may grant additional time to cure the failure.

  • Political subdivisions must require data centers to record and report actual water usage no later than one year after becoming operational and annually thereafter; the political subdivision must publish the reported usage on its website or by class 1 public notice.

  • An energy-utility customer qualifying as a large energy customer must pay an annual fee based on forecast peak electricity demand: $2 million for at least 100 but less than 250 megawatts, $3 million for at least 250 but less than 500 megawatts, and an additional $1 million for each subsequent 250-megawatt increment beginning at 500 megawatts.

  • If a data center participates in an optional renewable-resource tariff, it must pay all proportional costs associated with adding new renewable resources to the electric utility’s grid, including utility costs caused by those additions, without shifting those costs to other utility customers.

  • For each electric utility, the Public Service Commission must establish a very-large-customer class or subclass. An electric utility offering a tariff or contract rate to such a customer must file a rate-case application every other year, allowing the commission to adjust rates or service terms deemed unreasonable, preferential, or unjustly discriminatory.

Benefits & exceptionsHide benefits & exceptions2
  • Qualified data centers may receive an exemption from Wisconsin sales and use tax under the existing data-center program. Large-scale data centers qualify only if construction and refurbishment work meets the prevailing-wage requirement and at least 70 percent of annual electricity comes from renewable resources; WEDC may allow additional time to cure noncompliance before revoking certification.

  • The Public Service Commission must require each electric utility to offer commercial and industrial customers an optional renewable-resource tariff. Data centers may use the tariff to obtain some or all of their energy from new renewable resources, provided reliability is maintained; participating customers pay the proportional costs of adding those resources, receive an appropriate energy credit, and are protected from cost shifting to or from other customers.

Sources

failed · Statewide
Would regulate data centers and related energy projects, but did not become law.Wisconsin SB 843 (2025-2026)

What this means

The proposal targets large data centers and would add significant operating and development requirements, including limits on water used for cooling, financial security for reclamation, and a rule that renewable energy serving a center be located on-site (large data center threshold). It would protect other utility customers from certain costs, but that benefit does not outweigh the practical hurdles for large centers (utility cost protection).

People behind it

  • Primary sponsor who introduced Senate Bill 843

  • Sponsor who introduced Senate Bill 843

  • Sponsor who introduced Senate Bill 843

Show 33 more peopleShow fewer people
  • Sponsor who introduced Senate Bill 843

  • Sponsor who introduced Senate Bill 843

  • Sponsor who introduced Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Assembly co-sponsor of Senate Bill 843

  • Offered Senate Substitute Amendment 2 to Senate Bill 843

  • Agency assigned rate-making and certificate-approval responsibilities under the measure

  • Agency assigned water-reporting, bonding, authorization, and reclamation-related responsibilities under the measure

Restrictions & requirementsHide restrictions & requirements7
  • The Public Service Commission must ensure that utility costs used to serve a large data center are not allocated to or recovered from any other customer, requiring the data center or its developer to bear those costs.

  • Any renewable-energy facility that primarily serves a large data center must be located at the data center site. A large data center is generally one using more than 20 gigawatt-hours of information-technology electricity annually or having more than 100 megawatts of electrical demand; commonly owned facilities may be aggregated. The requirement does not apply to a large data center already operating or under construction when the provision takes effect.

  • A large data center may not be constructed or operated unless its cooling water is contained in a closed-loop cooling system or another system using no more water than a closed-loop system.

  • A large data center operator must annually report to the Department of Natural Resources the total amount of water used by the facility during the preceding 12-month period.

  • Before operating a large data center, the operator must file with the Department of Natural Resources a surety bond or approved alternative security, such as cash, certificates of deposit, or government securities, equal to the estimated cost of required reclamation.

  • Construction of a large data center may not begin until the Department of Natural Resources approves the required bond or other security and issues written authorization to commence construction.

  • If construction of a proposed large data center is not completed before the conditional-use permit expires, the owner must notify the Department of Natural Resources and the municipality. The owner must restore the parcel to the extent required by the municipality, and full restoration must return it, to the greatest extent feasible, to its preconstruction condition.

Benefits & exceptionsHide benefits & exceptions4
  • The Public Service Commission must ensure that costs for electric infrastructure primarily serving a large data center are not allocated to or recovered from other utility customers, establishing a dedicated cost-allocation framework for infrastructure needed to serve the facility.

  • The renewable-energy-facility location requirement does not apply to a large data center that is already operating or under construction when the provision takes effect, protecting those existing projects from having to locate primarily serving renewable facilities on-site.

  • The renewable-energy, cooling-system, bonding, and reclamation requirements apply prospectively to qualifying data centers that begin operating or construction after the measure takes effect, rather than retroactively imposing those requirements on existing facilities.

  • For an associated solar or wind project, a municipality generally must approve or disapprove the project within 90 days; if it fails to act within that period or an authorized extension, the project is considered approved.

Sources

failed · Statewide
Proposed a Wisconsin sales and use tax exemption for equipment, software, and electricity used at WEDC-certified qualified data centers processing, storing, retrieving, or communicating data, subject to minimum investments of $50 million to $150 million based on county population and WEDC certification.Wisconsin SB 308 (2023-2025)

What this means

If enacted, the measure would lower building and operating costs by exempting eligible data-center equipment, software, and electricity from sales and use taxes. The tax break is limited to certified projects meeting investment requirements, but it adds no broad restrictions on data-center development or operation.

Sources

failed · Statewide
Would have prohibited data centers, their agents, and Wisconsin cities, villages, towns, and counties from using agreements—including nondisclosure agreements—to conceal data-center development details or prevent public review, with an exception for agreements whose sole purpose was protecting trade secrets; political subdivisions also could not approve projects involving violations of these prohibitions (bill text).Wisconsin SB 969 (2025-2026)

What this means

The bill would make development somewhat harder by barring data centers and local governments from agreements that conceal project details, except agreements solely to protect trade secrets (concealing the details of the development). A local government also could not approve a project if the center, its agent, or the government violated the rule, creating a meaningful compliance risk, but the bill adds no requirements for operating a data center (may not permit or approve a project).

People behind it

  • Senator who introduced Senate Bill 969 and later became a coauthor.

  • Senator who introduced Senate Bill 969.

  • Representative who initially cosponsored Senate Bill 969.

Show 11 more peopleShow fewer people
  • Representative who initially cosponsored Senate Bill 969.

  • Representative who initially cosponsored Senate Bill 969.

  • Representative who initially cosponsored Senate Bill 969.

  • Representative who initially cosponsored Senate Bill 969.

  • Representative who initially cosponsored Senate Bill 969.

  • Representative later added as a cosponsor.

  • Representative later added as a cosponsor.

  • Senator later added as a coauthor.

  • Representative later added as a cosponsor.

  • Senator later added as a coauthor.

  • Senate committee to which the bill was referred and which recommended passage.

Restrictions & requirementsHide restrictions & requirements4
  • Prohibits a data center or its agent from entering into any agreement, including a nondisclosure agreement, that conceals development details from the public or prevents public review of the data center.

  • Prohibits a city, village, town, or county from entering into any agreement, including a nondisclosure agreement, that conceals development details from the public or prevents public review of a data center.

  • Prohibits a political subdivision from permitting or approving a data-center project if the data center, its agent, or the political subdivision violates these nondisclosure-agreement restrictions.

  • Provides an exception when an agreement’s sole purpose is preventing public disclosure of a trade secret.

Benefits & exceptionsHide benefits & exceptions1
  • Allows a data center, its agent, or a political subdivision to enter into an agreement solely to prevent public disclosure of a trade secret; such an agreement is exempt from the bill’s prohibitions on concealing data-center development information.

Sources

failed · Statewide
Wisconsin AB 302 was a proposed sales and use tax exemption for equipment, software, and electricity used by WEDC-certified qualified data centers to process, store, retrieve, or communicate data, with eligibility tied to five-year investment thresholds of $150 million, $100 million, or $50 million depending on county population.Wisconsin AB 302 (2023-2025)

What this means

The measure would lower building and operating costs for qualifying data centers through a sales and use tax exemption. Only certified projects that meet investment requirements can receive it, but it adds no broad restrictions on development.

People behind it

  • Introduced Assembly Bill 302 and was identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

Show 19 more peopleShow fewer people
  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a bill sponsor.

  • Identified as a Senate cosponsor and as the sponsor of companion Senate Bill 308.

  • Identified as a Senate cosponsor.

  • Identified as a Senate cosponsor.

  • Identified as a Senate cosponsor.

  • Identified as a Senate cosponsor.

  • Identified as a Senate cosponsor.

  • Added as a coauthor of the bill.

  • Added as a coauthor of the bill.

  • Administers the data center sales and use tax exemption program and certifies qualifying data centers.

Restrictions & requirementsHide restrictions & requirements3
  • To qualify for the exemption, a data-center project must involve a building constructed or rehabilitated to house networked computer servers and meet the program’s eligible-project requirements.

  • The applicant must plan to make a qualified investment over five years of at least $150 million in a county with more than 100,000 residents, $100 million in a county with 50,000 to 100,000 residents, or $50 million in a county with 50,000 or fewer residents.

  • The company must apply to the Wisconsin Economic Development Corporation, which reviews the application and eligible costs under the program guidelines before the exemption is available.

Sources

failed · Statewide
Would have prohibited data centers, their agents, and Wisconsin cities, villages, towns, and counties from using agreements—including nondisclosure agreements—to conceal data-center development details from the public or prevent public review, with an exception for agreements whose sole purpose was protecting trade secrets (proposed restrictions).Wisconsin AB 1036 (2025-2026)

What this means

The measure would bar agreements used to hide data-center development details from the public, though trade secrets could still be protected. Breaking the rule could block local project approval, but it does not otherwise limit construction or operation, so the likely burden is minor.

People behind it

  • Lead sponsor; introduced the bill in the Assembly.

  • Assembly sponsor; introduced the bill.

  • Assembly sponsor; introduced the bill.

Show 10 more peopleShow fewer people
  • Assembly sponsor; introduced the bill.

  • Assembly sponsor; introduced the bill.

  • Senate cosponsor.

  • Senate cosponsor.

  • Added as an Assembly coauthor.

  • Added as an Assembly coauthor.

  • Added as an Assembly coauthor.

  • Added as an Assembly coauthor.

  • Added as an Assembly coauthor.

  • Added as a Senate cosponsor.

Restrictions & requirementsHide restrictions & requirements4
  • Prohibits a data center or its agent from entering into any agreement, including a nondisclosure agreement, whose purpose or effect is to conceal the details of the data center’s development from the public or prevent public review of the data center.

  • Prohibits a city, village, town, or county from entering into any agreement, including a nondisclosure agreement, whose purpose or effect is to conceal the details of a data center’s development from the public or prevent public review of the data center.

  • Bars a political subdivision from permitting or approving a data-center project if the data center or its agent violates the data-center nondisclosure prohibition, or if the political subdivision violates its own nondisclosure prohibition.

  • Provides an exception for agreements whose sole purpose is preventing public disclosure of a trade secret.

Benefits & exceptionsHide benefits & exceptions1
  • Allows a data center, its agent, or a political subdivision to enter into an agreement whose sole purpose is preventing public disclosure of a trade secret; such agreements are exempt from the bill’s general prohibition on nondisclosure agreements.

Sources

failed · Statewide
Would have established statewide requirements for large energy customers, electric utilities, data centers, water use, worker pay, and related tax incentives, but it failed to pass under Senate Joint Resolution 1 and did not become binding law (legislative status).Wisconsin SB 729 (2025-2026)

What this means

If enacted, the bill would make large data center projects more costly and harder to qualify for existing tax breaks: some would face annual fees of $2 million or more, prevailing-wage requirements, and a 70% renewable-energy condition. It would also require data centers to meet a sustainability standard and report water use, creating significant but not prohibitive barriers rather than a ban.

People behind it

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

Show 48 more peopleShow fewer people
  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Senate sponsor and introducer of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Assembly cosponsor of SB 729

  • Added as an Assembly cosponsor after introduction

  • Added as an Assembly cosponsor after introduction

  • Added as an Assembly cosponsor after introduction

  • Added as an Assembly cosponsor after introduction

  • Added as a Senate coauthor after introduction

  • Added as a Senate coauthor after introduction

  • Added as a Senate coauthor after introduction

  • Responsible for collecting large energy customer fees and administering related allocations

  • Responsible for establishing the very large customer class, reviewing rates, administering renewable-resource tariffs, and receiving reports

  • Recipient and administrator of the Green Innovation Fund allocation and certifier of data-center tax exemptions

  • Responsible for receiving data-center sustainable-design certifications

Restrictions & requirementsHide restrictions & requirements9
  • Laborers and mechanics constructing or refurbishing a large-scale data center must be paid at least the prevailing wage rate; workers covered by a collective bargaining agreement must receive the higher of the prevailing wage or the agreement’s wage rate. This applies to data centers of at least 25,000 square feet with at least $250 million in qualifying construction, equipment, and software costs incurred during a 60-month period beginning July 1, 2026.

  • Every data center must obtain certification under an approved sustainable-design or green-building standard, such as BREEAM, Energy Star, LEED, Green Globes, or UL 3223, within three years after beginning operations.

  • A large-scale data center seeking the specified sales-and-use-tax exemption must satisfy the prevailing-wage requirements and obtain at least 70 percent of its total annual electricity from renewable resources.

  • The Department of Administration must collect an annual fee from each qualifying large energy customer. Based on peak electricity demand, the fee is $2 million for at least 100 but less than 250 megawatts, $3 million for at least 250 but less than 500 megawatts, and an additional $1 million for each successive 250-megawatt increment beginning at 500 megawatts.

  • An electric utility serving a very large customer under a tariff or contract rate must file a rate-case application with the Public Service Commission by April 1 of every other year, subject to a possible waiver for exceptional circumstances. The commission may adjust rates or modify service terms if it determines that the arrangement is unreasonable, preferential, or unjustly discriminatory.

  • Commercial and industrial customers using the optional renewable-resource tariff must pay all proportional costs associated with adding new renewable resources to the electric utility’s grid, including utility costs caused by those additions, and the utility may not shift those costs to other customers.

  • Each energy utility must submit quarterly reports to the Public Service Commission for every data center in its service territory identifying energy consumption by fuel type, on-site renewable generation, directly procured energy, and renewable-energy credits purchased.

  • A political subdivision must require each data center to record and report its actual water usage no later than one year after becoming operational and annually thereafter; the political subdivision must publish the reported usage on its website or through a class 1 notice.

  • A water utility must notify the Public Service Commission when a new customer’s planned water use, or an existing customer’s planned increase in use, would account for 25 percent of the total water usage of all customers of that water utility.

Benefits & exceptionsHide benefits & exceptions6
  • Large-scale data centers may qualify for Wisconsin sales and use tax exemptions if their development, construction, renovation, expansion, replacement, or repair meets the prevailing-wage requirements and at least 70 percent of their annual electricity use comes from renewable resources.

  • Electric utilities must offer commercial and industrial customers an optional renewable-resource tariff, allowing participating data centers to obtain some or all of their electricity from new renewable resources while paying the proportional costs of adding those resources to the grid.

  • An electric utility may demonstrate that an existing tariff already complies with the renewable-resource-tariff requirements, avoiding the need to create a separate compliant tariff.

  • The Public Service Commission chair may waive an electric utility’s biennial rate-case filing deadline for a very large customer when the utility demonstrates exceptional circumstances requiring a waiver.

  • A political subdivision may satisfy its data-center water-usage reporting obligation by publishing the information on its website, if available, or by publishing a class 1 notice.

  • Data centers may satisfy the required sustainable-design certification through any other reasonable standard approved by the Department of Safety and Professional Services, in addition to the specifically listed standards.

Sources

failed · Statewide
Proposed to expand Wisconsin’s sales and use tax exemption for qualified data centers by allowing facilities with individual as well as networked servers and facilities offering space, utilities, cooling, security, infrastructure, software, or managed services, while retaining existing ownership and investment conditions (bill text).Wisconsin AB 245 (2025-2026)

What this means

The bill would broaden the existing sales-tax exemption to cover data centers with individual servers and facilities that rent space and services, making some projects less costly. It would exclude buildings used to facilitate cryptocurrency creation and transaction verification, so the benefit would not apply to every data center. Expand the exemption to individual servers and rented data-center resources; exclude cryptocurrency facilities

People behind it

  • Primary Assembly sponsor and bill introducer.

  • Assembly co-sponsor and co-introducer.

  • Assembly co-sponsor and co-introducer.

Show 10 more peopleShow fewer people
  • Assembly co-sponsor and co-introducer.

  • Assembly co-sponsor and co-introducer.

  • Assembly co-sponsor and co-introducer.

  • Assembly co-sponsor and co-introducer.

  • Assembly co-sponsor and co-introducer.

  • Assembly co-sponsor and co-introducer.

  • Senate co-sponsor.

  • Senate co-sponsor.

  • Added as a coauthor after the bill was introduced.

  • Administers the qualified data center sales and use tax exemption program and certifies qualified data centers.

Restrictions & requirementsHide restrictions & requirements6
  • A data center must be certified by the Wisconsin Economic Development Corporation to qualify for the sales and use tax exemption.

  • Certification requires the buildings to be owned, leased, or operated by the same business entity or its affiliate.

  • The buildings must house individual or networked server computers and either centralize data processing, storage, management, retrieval, communication, or dissemination, or provide space, utilities, cooling, security, infrastructure, platforms, software, or managed services for an owner, operator, or tenant.

  • The buildings must create a minimum qualified investment in Wisconsin within five years after certification: $150 million in a county with more than 100,000 people, $100 million in a county with 50,001 to 100,000 people, or $50 million in a county with 50,000 or fewer people.

  • WEDC may not certify buildings used for, or to facilitate, cryptocurrency creation or the process of verifying and securing cryptocurrency transactions and blockchains.

  • The act takes effect on the first day of the third month beginning after publication, creating a waiting period before the changes apply.

Benefits & exceptionsHide benefits & exceptions2
  • Expands eligibility for the sales and use tax exemption by allowing qualified data centers to house individual or networked server computers, rather than only networked servers.

  • Allows a qualified data center to qualify when its facilities provide owners, operators, or tenants space, utilities, cooling capacity, enhanced security, or access to infrastructure, platforms, software, and other managed services. WEDC certification and the existing minimum investment requirements still apply.

Sources

failed · Statewide
Would have established a statewide moratorium on covered data centers, but failed to pass pursuant to Senate Joint Resolution 1, so it did not become law or impose binding requirements.Wisconsin SB 1061 (2025-2026)

What this means

The measure would prevent data centers from operating until many requirements are established by law, including renewable-energy rules and local voter approval. With no deadline for meeting those conditions, it could severely delay or block projects, though it is not an unconditional permanent ban.

Timing

The bill expressly creates a data-center moratorium, but it does not specify an expiration date or ending condition. The measure failed to pass on 2026-03-23.

People behind it

  • Introducing senator and bill sponsor

  • Introducing senator and bill sponsor

  • Cosponsoring representative

Show 5 more peopleShow fewer people
  • Cosponsoring representative

  • Cosponsoring representative

  • Cosponsoring representative

  • Cosponsoring representative

  • Cosponsoring representative

Restrictions & requirementsHide restrictions & requirements16
  • Moratorium on operating a data center: no person may operate one in Wisconsin unless all listed requirements are provided by law, as determined by the secretary of agriculture, trade and consumer protection.

  • The moratorium applies to facilities primarily used to store, manage, and process digital data that have at least 5,000 servers, occupy at least 10,000 square feet, or have an electricity demand of at least 100 megawatts.

  • A statewide data center planning authority must be established by law before covered data centers may operate.

  • Data center energy and water costs may not be shifted to residential customers.

  • Data center energy-infrastructure costs may not be shifted to residential customers.

  • A land and community recovery funding mechanism must be created by law.

  • State and local financial subsidies for data centers must be eliminated.

  • Data centers must publicly report their water and electricity usage.

  • Data-center-specific safeguards addressing air, water, and noise pollution must be created to protect the environment and public health.

  • One hundred percent of the energy used by data centers must be supplied by newly built, directly accessible renewable energy.

  • Contractors constructing the newly built, directly accessible renewable-energy projects must pay either prevailing wages or collectively bargained wages.

  • Contractors constructing any data center must pay either prevailing wages or collectively bargained wages.

  • The Public Service Commission's integrated resource-planning authority must be restored.

  • Nondisclosure agreements between data centers, data-center developers, utilities, and local government officials must be prohibited.

  • A data center must receive prior approval by referendum of the electors of the municipality where it is proposed to be located.

  • A data-center-specific enforcement and penalty structure must be created by law.

Sources

failed · Statewide
Would establish requirements for Wisconsin data centers—facilities primarily used to store, manage, and process digital data—to prevent other customers from bearing the cost of electric infrastructure primarily serving them.Wisconsin AB 840 (2025-2026)

What this means

The bill would add meaningful costs and steps, including closed-loop cooling, water-use reporting, cleanup security, and limits on where renewable energy facilities serving a data center can be built. It would also keep certain data-center electricity infrastructure costs from being shifted to other customers, but that benefit likely does not offset the added burden on projects.

People behind it

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

Show 34 more peopleShow fewer people
  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Representative who introduced Assembly Bill 840

  • Senator who cosponsored Assembly Bill 840

  • Senator who cosponsored Assembly Bill 840

  • Senator who cosponsored Assembly Bill 840

  • Senator who cosponsored Assembly Bill 840

  • Senator who cosponsored Assembly Bill 840

  • Senator who cosponsored Assembly Bill 840

  • Agency assigned responsibility for rate-making requirements concerning electric infrastructure serving data centers

  • Agency assigned responsibility for water-use reporting, security approval, and reclamation requirements

Restrictions & requirementsHide restrictions & requirements7
  • Electric infrastructure costs that primarily serve a data center may not be allocated to or recovered from other customers through utility rates.

  • Any renewable energy facility that primarily serves a data center must be located at the data center site.

  • A data center may not be constructed or operated unless cooling water is contained in a closed-loop cooling system that continually recycles a fixed volume of water.

  • A data center operator must annually report to the Department of Natural Resources the total amount of water used by the data center during the preceding 12 months.

  • Before operating a data center, the operator must file with the Department of Natural Resources a surety bond, cash, certificates of deposit, or government securities equal to the estimated cost of required reclamation.

  • Construction of a data center may not begin until the Department of Natural Resources approves the required bond or other security and issues written authorization to commence construction.

  • If construction of a proposed data center is not completed, the owner must notify the Department of Natural Resources and restore the parcel, to the greatest extent feasible, to its preconstruction condition.

Benefits & exceptionsHide benefits & exceptions1
  • After approving the required bond or other security, the Department of Natural Resources must issue written authorization for construction of the data center to begin.

Sources

failed · Statewide
Proposed a statewide moratorium on operating covered data centers in Wisconsin, but failed to pass and therefore did not become binding law.Wisconsin AB 1099 (2025-2026)

What this means

The bill would bar data centers from operating until a long list of laws were enacted, including a requirement for 100% newly built, directly accessible renewable energy and local voter approval by referendum. It sets no end date, so the statewide operating ban could be open-ended and would make building or expanding data centers impractical, even though it does not explicitly ban construction.

Timing

The bill includes a data-center moratorium prohibiting operation unless specified requirements are provided by law. It contains no expiration date, sunset, ending condition, or extension provision. The bill failed to pass on 2026-03-23, so the proposed moratorium was not enacted.

People behind it

  • Representative who introduced Assembly Bill 1099

  • Representative who introduced Assembly Bill 1099

  • Representative who introduced Assembly Bill 1099

Show 5 more peopleShow fewer people
  • Representative who introduced Assembly Bill 1099

  • Representative who introduced Assembly Bill 1099

  • Representative who introduced Assembly Bill 1099

  • Senator who cosponsored Assembly Bill 1099

  • Senator who cosponsored Assembly Bill 1099

Restrictions & requirementsHide restrictions & requirements15
  • Moratorium: No person may operate a Wisconsin data center unless all specified requirements are provided by law, as determined by the secretary of agriculture, trade and consumer protection.

  • Data centers must be subject to a statewide data center planning authority.

  • Data center energy and water costs may not be shifted to residential customers.

  • Data center energy infrastructure costs may not be shifted to residential customers.

  • A land and community recovery funding mechanism must be created for data centers.

  • State and local financial subsidies for data centers must be eliminated.

  • Data centers must publicly report their water and electricity usage.

  • Data centers must be subject to facility-specific safeguards addressing air, water, and noise pollution.

  • One hundred percent of the energy used by data centers must be supplied by newly built, directly accessible renewable energy.

  • Contractors building the required renewable-energy projects must pay prevailing wages or collectively bargained wages.

  • Contractors constructing data centers must pay prevailing wages or collectively bargained wages.

  • The Public Service Commission's integrated resource planning authority must be restored.

  • Nondisclosure agreements between data centers, data center developers, utilities, and local government officials are prohibited.

  • A data center must receive prior approval by referendum of the electors of the municipality where it will be located.

  • A data-center-specific enforcement and penalty structure must be created.

Sources

Data provided by Regbase · Cookie preferences · Report missing data