For nearly two decades, the strategy for developing data centers and managing their supply chains relied on a predictable formula: locate a jurisdiction with affordable power, secure broad state-level retail sales tax exemptions on infrastructure and gain municipal support on projected job creation.
As the industry progresses through the first quarter of 2026, this approach is shifting. The substantial energy and water demands of artificial intelligence infrastructure are straining local utilities and altering how governments evaluate the costs and benefits of these facilities. In response, developers and their contractor partners are pivoting away from state-level incentives in favor of localized property tax agreements in emerging Midwest markets.
Looking at the dynamic landscape across multiple states, with an enhanced focus on Missouri’s example, trading state legislative processes for local zoning negotiations introduces a framework of transactional tax policy that requires proactive planning by developers and contractors.
The Shift in State-Level Incentives
Historically, developers secured state tax abatements by emphasizing direct employment. Today, that rationale faces scrutiny because modern facilities operate with maximum automation and minimal permanent staff. This disconnect was highlighted last month when U.S. Senator Bernie Moreno (R-Ohio) publicly questioned a $4.5 million tax exemption granted to a private-equity-backed data center. Because the project pledged 10 new permanent jobs, taxpayers were subsidizing the development at $450,000 per employee.
This scrutiny extends to state-level budgets and legislative chambers across the country. As developers and contractors rush to meet the AI-fueled demand for these facilities, a growing backlash is forcing states to rethink generous tax breaks. Lawmakers in more than a dozen states—including Georgia, Michigan, Ohio, and Washington—are curtailing or rewriting laws that let data centers avoid sales taxes, realizing that the sheer scale of resource consumption eclipses the perceived economic benefits. The fiscal consequences are staggering; in Georgia, foregone revenue is projected to hit $625 million next fiscal year, while Virginia forfeited an estimated $1.6 billion in sales and use tax revenues in fiscal year 2025
The nationwide legislative rollback is compounded by unprecedented grid strain. Data centers currently under construction across the U.S. could require more than 75 gigawatts of power within the next two and a half years—roughly equivalent to adding another Texas-sized electricity load to the national grid. Meanwhile Texas, the nation’s largest energy consumer among states, is grappling with surging power demands exceeding supply, as the political appetite for subsidizing hyperscalers evolves.
For the contractors and equipment manufacturers supplying this infrastructure, legislative volatility introduces tangible financial risk. Advanced cooling units and power transformers routinely face 50-to-80-week manufacturing backlogs. If a state legislature repeals or modifies a tax exemption mid-project, a contractor holding a delayed $50 million equipment order could face an unbudgeted tax liability.
Utility Constraints: The Convergence of Power and Water
Developers seeking local zoning approvals face regulatory hurdles around two primary resources: power and water.
As reported by the St. Louis Post-Dispatch, energy dynamics and land availability are dictating site selection. Urban centers generally lack the 50-plus contiguous acres required for hyperscale projects. Furthermore, utilities are implementing stricter terms. While Missouri offers competitive electrical rates, state regulators recently ruled that large-load customers using 75 megawatts or more must sign 12-year contracts and pay infrastructure costs upfront. Because of these constraints, developers are pushing into rural Missouri, eyeing hundreds of acres in communities like Warrenton, Gray Summit, and Montgomery City.
Simultaneously, data center operations generate significant heat. The resulting reliance on evaporative cooling systems requires millions of gallons of water daily. Missouri state lawmakers are increasingly aware of the concern surrounding data center water consumption, indicating that water management will soon parallel energy grid limitations as a primary regulatory hurdle. The current absence of a statewide framework means the regulatory burden falls to municipalities, resulting in a patchwork of local water policies.
Urban Zoning vs. The Community Benefit Blueprint
When developers attempt to place facilities in urban districts, resource constraints inevitably become zoning hurdles. This tension surfaced with the data center proposed near the Midtown Armory in St. Louis. To mitigate resource drain and respond to community concerns, the city set forth strict conditions for the development, specifically mandating water control measures to avoid impacts on the municipal water system.
To understand how to navigate this localized environment, look to the framework agreements reached in Festus, Missouri. Developer CRG moved from traditional real property tax abatements to a negotiated personal property tax abatement on servers. In exchange, CRG agreed to a binding pact with Ameren Missouri ensuring the tenant pays 100% of the energy cost, and directly addressed local water constraints by agreeing to absorb the impact on the municipal supply and residential utility rates. CRG also pledged $45 million in community benefit payments, including $5 million for a new city firehouse. Over 25 years, the deal is projected to generate over $581 million for the Festus School District.
It is worth noting the evolving political environment, in which eight days after voting to approve the data center, the four incumbent members of the Festus City Council who were up for re-election lost their races.
Federal Fallbacks: The Secondary Strategy
Local Community Benefit Agreements (CBAs) and Payments in Lieu of Taxes (PILOTs) can be complex and subject to political shifts. If a local agreement falls through or becomes politically untenable, developers and contractors must have a secondary strategy to ensure project viability.
RubinBrown advises clients to explicitly integrate federal tax incentives as fallbacks. Programs such as the Federal Deduction for qualifying equipment purchases and the Clean Electricity Investment Credit offer established, statutory avenues for tax relief that bypass local politics. RubinBrown helps identify, preserve, and pursue these tax benefits across a dynamic landscape, ensuring project financing remains secure even if municipal negotiations stall.
The RubinBrown Pre-Construction Framework
Tax compliance in the digital infrastructure sector is an exercise in risk management and supply chain planning. We recommend four steps for developers and contractors before construction begins:
1. Navigate Power and Water Frameworks Upfront
As demonstrated by the 12-year power contract requirements in Missouri and the attention on water conservation, utility infrastructure costs must be negotiated concurrently with tax incentives. Developers should secure binding energy and water usage agreements before committing capital or finalizing site selection.
2. Clarify Supply Chain Tax Indemnification
For contractors, a local tax abatement is often tied to a CBA mandating specific environmental standards, such as closed-loop, water-efficient cooling systems. If a required low-emission cooling unit faces a 60-week delay, substituting an alternative part to maintain the schedule could void the developer's tax abatement. Contractors must ensure tax liability risk is assigned and indemnified in their service agreements before purchase orders are executed.
3. Mandate Ratification Prior to Groundbreaking
A localized abatement strategy relies on formal approval. All state and local incentives are at risk if site operations occur before approval is in hand. beginning site grading or accepting equipment deliveries before a PILOT agreement and the city's operational conditions are fully ratified surrenders negotiating leverage and jeopardizes the project losing incentives suddenly deemed unnecessary by the start of work.
4. Institute Reciprocal Protections
If a developer agrees to fund civic infrastructure to secure zoning, the contract should stipulate that if the local government alters or rescinds the tax exemption in the future, the developer's financial obligations to the municipality are proportionally adjusted.
Conclusion
Securing data center tax exemptions has evolved into a nuanced regulatory environment. Entities that proactively manage municipal zoning, utility regulations, and transactional tax strategy will be positioned for long-term stability.
Contact RubinBrown’s State & Local Tax (SALT) team to review your exemption qualifications, your indemnification contracts, and safeguard your capital amid local tax volatility.
Published: 04/23/2026
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