Case file 4 of 5 · Aug. 19, 2026 EDWS interim hearing

Data Center Growth: Policy Choices Facing Utah and Other States

The one presentation at this hearing that didn't come from a state agency. USC Marshall's Shon Hiatt lays out the moratorium wave hitting Utah counties, the national cancellation numbers, and how Utah's incentives compare to its neighbors.

Presenter: Shon R. Hiatt, USC Marshall — Zage Business of Energy Initiative
Committee: Economic Development & Workforce Services Interim
Date: August 19, 2026
Quick recap

Tap a term for a plain-language definition. Everything past this point assumes you know these.

Moratorium
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Moratorium
A local government's temporary freeze on accepting new applications for a type of project — here, data centers — while it studies or writes new rules.
Qualifying data center
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Qualifying data center
Utah's legal size threshold: at least 150,000 square feet, to get the state's sales & use tax exemption.
High-impact consumer
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High-impact consumer
A large load customer or a qualifying data center — the category counties can levy a special energy excise tax on.
GRAMA
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Government Records Access and Management Act
Utah's public records law — the one that determines whether a document about a data center deal has to be released if someone asks.
NDA
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Non-disclosure agreement
A contract keeping deal details secret. Several states have banned governments from signing these with data centers; Utah's ban attempt failed in 2026.
Ordinance
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Ordinance
A law passed by a county or city commission — the tool counties are using to enact these moratoriums.
MIDA
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Military Installation Development Authority
A state authority that captures property tax increment inside its project areas, the same way UIPA and PIDs do. Stratos runs through a MIDA project area.
Why this matters here

This deck is the only one of the five that reports what's happening at the county level in real time — moratoriums are ordinances, passed county by county, often specifically naming high-impact consumers or qualifying data centers as the thing being paused. The NDA and GRAMA terms matter because Utah's attempt to ban secrecy in these deals failed the same session SB 132 and HB 507 passed.

What's different about this deck

Every other presentation in this docket came from a Utah state agency with a stake in the outcome. This one didn't — and it's the only one that reports Stratos being delayed, BrightNight being stalled, and Provo rejecting a project outright.

01

How states define "big enough to regulate"

There's no single national threshold for what counts as a data center worth writing a law about. Utah's own rules aren't even consistent with each other:

Nationally, large-load utility thresholds range from 20 MW (proposed in Maine and Iowa) to 100 MW (enacted in Utah and Florida).

— Slide 2, "Definition for policies varies across states and statutes"

02

Utah's data centers today

48
Operating (Apr 2026)
920 MW
Combined capacity
2,600 MW
Under construction

For scale: the deck notes a typical AI data center can use about as much electricity as 100,000 homes.

On water, the deck's finding is mixed: liquid cooling adoption remains gradual (about 22% of operators, under 10% of racks), but water use varies enormously across facilities — from Novva's minimal recirculated system to NSA's, which used roughly 120 million gallons over 12 months according to Salt Lake Tribune records requests cited in the deck.

— Slides 3–4, "Utah's data centers: energy demand" and "water demand"

03

Utah counties are acting ahead of the state

The deck's most reportable finding: six local pauses in ten weeks, none of them driven by state action.

Salt Lake CityMarch 26, 2026
Ords. 008/009: 200,000 gal/day water cap; 180-day rule blocks noncompliant applications. Not data-center-specific, but binding on any high-water facility.
Iron CountyMay 2026
Ord. 2026-13: no new applications for data centers, data center power plants, or solar. Project Antelope's already-complete application proceeded under the old ordinance (approved June 4). BrightNight's proposed 1.5 GW project is on hold.
Box Elder CountyJune 10, 2026
Ord. 654, unanimous. No new applications on unincorporated land.
Cache CountyJune 23, 2026
Ord. 2026-32, unanimous. No new applications on unincorporated land; code "does not contain clear definitions or regulations."
Logan CityJune 30, 2026
Ord. 26-12: temporary prohibition on data centers and power plants while permanent rules are studied.
Grand CountyJuly 7, 2026
Precautionary; no application pending.
Wayne CountyJuly 21, 2026
Res. 2026-04, unanimous, immediate: covers data centers and data center power plants, including nuclear. The county's own ordinance "does not in any way address data centers" otherwise.

— "Within Utah: counties are acting ahead of the state," statuses verified Aug. 16, 2026

Direct connection

Iron County's moratorium is the same one Case File 3 traced against GOED's Opportunity Zone map and UIPA's Iron Springs/Enoch project area — the state-facilitated zone sits inside the same county that just voted to pause new applications.

04

The national picture: opposition is winning money away from projects

$156B
Cancelled/delayed, all of 2025
$130B
Cancelled/delayed, Q1 2026 alone
60%
Of 2027-planned capacity hasn't broken ground

The top concerns driving opposition nationally, per the deck's own survey data: noise/light/quality of life (51%), land use and place preservation (43%), water use and hydrology (40%), infrastructure and traffic (34%), and energy/grid capacity (34%). Tax incentives and subsidies rank last among stated concerns, at just 6%.

— "Growing data center opposition and cancellations"

States are starting to reverse course

Thirteen states are considering substantially unwinding their data center tax incentives. Three states paused theirs outright in 2026 (Arizona, Illinois, Ohio), and Minnesota trimmed its exemption while adding a new energy-based fee. Texas's incentive is now estimated at $3.3 billion a year — one of the most expensive tax breaks in the state.

The state moratorium tracker (as of July 2026)
  • New York — one-year pause via executive order (50 MW threshold); bill awaits governor
  • Virginia — no final approvals until interconnection requests are filled, or July 2028
  • Delaware — permits paused for 100 MW+ until January 2027
  • Georgia — no local permitting until December 2028 (introduced)
  • Michigan — no new approvals until April 2027 (introduced)
  • Pennsylvania — 3-year moratorium plus studies proposed, or municipal bans
  • South Carolina, Vermont — introduced, pending
  • Maine, Maryland, Minnesota, New Hampshire, Oklahoma, South Dakota, Wisconsin — failed or vetoed as of this tracker
05

How Utah's incentives compare to its neighbors

StateSales taxElectricityProperty taxNotes
UtahYesNoNo†Over 150,000 sq ft; HB 76 water reporting; HB 507 local incentives via zones only from May 2027; county energy tax up to 6%; Gov. Cox EO 2026-03 directs a "Data Center Framework"
NevadaYes (rate to 2%)YesUp to 75% abated50% of construction workers must be NV residents
ArizonaYesNoNoExemption paused 3 yrs by statute
IdahoYes (server equip.)NoPartial2026 law limits consumptive water cooling
WyomingYesExempt if >$50MNoJobs "appropriate to size"
ColoradoNo incentive——
New MexicoNo incentive——Regulators rejected a pipeline serving a 2.5 GW campus

Nationally, 31 states set capital-investment minimums as a condition of incentives; a smaller number require job creation, clawbacks, or sunset dates.

— "How Utah compares to its neighbors in incentives/policy"

† This deck's table understates Utah's property tax picture

The "No" in Utah's property tax column is only true for a statewide statutory abatement written specifically for data centers — which doesn't exist by that name. It's not true that Utah has no property-tax mechanism a data center can benefit from. Three confirmed, separate examples — and the third is the biggest:

UIPA, statewide: The Utah Inland Port Authority runs fifteen project areas across the state — West Weber, Tooele Valley, Pony Express, Central Utah Agri-Park, Historic Capitol, Mineral Mountains, Iron Springs, Ancient Sky, Golden Spike, Northwest Quadrant, Twenty Wells, Black Gold, Verk Industrial Park, Castle Country, and Skyline Corridor. This isn't one county's exception: UIPA's own recruitment strategy explicitly names "technology and data centers (low water use)" as a favored industry, with post-performance property tax rebates up to 20% of assessed value for 25 years, scaled to capital investment ($15M minimum, up to 20% at $50M+). Any data center locating in any of these fifteen zones can apply.

MIDA: Stratos runs through a MIDA project area, approved by the MIDA board April 24, 2026, and MIDA project areas capture property tax increment the same way UIPA zones do. Our own GRAMA requests to Box Elder County and the Utah Tax Commission are specifically examining whether Stratos's base-year property valuation was set in a way that maximizes that captured increment.

Local RDA/CRA abatement: Meta's Eagle Mountain data center received a documented package including a 100% exemption on personal property and an 80% reduction on real property, structured over a 20-to-40-year framework and granted by local taxing entities.

Ordinary county/city CRA authority, the broadest tool of all: Beyond UIPA, MIDA, and one-off local deals like Meta's, any Utah county or city can create its own Community Reinvestment Area under Title 17C and set its own abatement terms — no state statute, UIPA membership, or MIDA project area required. This isn't hypothetical: Weber County's own CRA record shows the tool in active, general use — the Nordic Village PID (roughly $47 million in property tax redirected over 30–40 years), the Airport Community Reinvestment Project Area (tax increment reduced from 90% to 75%, capped at $17 million over 18 years), and a standing county policy setting a baseline 50%-for-10-years abatement. None of those specific deals is a data center, but they confirm the underlying mechanism — ordinary county CRA authority — is live, general-purpose, and available to any commercial project a county wants to attract, data centers included.

Four different mechanisms, four different administering bodies, all producing the same result a national comparison table built around statewide statutes is structurally prone to miss.

Worth noting

Utah is one of only 11 states nationally with zero jobs/wage conditions attached to its incentives — 23 states require job creation (from 5 jobs in Maryland to 100 in Massachusetts), and at least 11 require those jobs to pay above a wage floor. Utah's median "data center technician" pay ($49,188) and "data center electrical engineer" pay ($134,244) both run below the national medians for those roles ($54,031 and $147,461).

Sources

Primary sources