TL;DR · 30-second read
The Short Version
Ohio lawmakers want to shrink a tax break for data centers, the giant warehouses of computers that run artificial intelligence and online services. The break cost the state roughly $1.6 billion last year. The bill would cut it in half.
The bigger fight is over electricity bills. These buildings use so much power that new power lines and power plants have to be built. Manufacturers and environmental groups warn that ordinary households could end up paying part of that cost.
Senators aimed to pass the bill within a day.
Ohio state Sen. Brian Chavez unveiled a sweeping data center bill on Tuesday, June 9, attaching a long list of policy changes to a measure originally written only to study the issue, the Ohio Capital Journal reported. The proposal would cut the state’s discretionary sales and use tax exemption for data centers from 100% to 50%, or 75% for projects that build on brownfields and bring their own power. The exemption has grown to roughly $1.6 billion in the last year. The bill would also cap local property tax abatements at 50%, end data center access to Ohio’s 30-year mega project job creation grant, require data centers to track and report water use, and direct the Public Utilities Commission of Ohio (PUCO) to create a separate electricity rate class for data centers.
The Senate Energy Committee was scheduled to advance the bill Wednesday morning, June 10, with a full Senate vote planned for later the same day.
Executive Summary
Ohio’s bill is one of the broadest state-level rewrites of data center policy so far. It covers tax incentives, nondisclosure agreements, water monitoring, utility billing, and a new surety bond meant to protect local governments. The tax provisions are the most concrete part. A roughly $1.6 billion incentive would be cut in half, with a larger 75% break reserved for projects on brownfields (previously developed, often contaminated land) that supply their own electricity.
The provision that drew the sharpest testimony was the proposed data center rate class. It is modeled on the tariff PUCO approved for AEP Ohio last year, which the Ohio Manufacturers’ Association is now challenging in the Ohio Supreme Court. The underlying question is the one now running through every state served by PJM Interconnection, the regional grid operator: when AI-era data centers drive new transmission, distribution and generation spending, who ends up paying for it? PJM plans a backstop auction in September to secure 15 gigawatts of new generation. It has warned that without state rules, those costs could fall on other consumers, including residential customers.
With a committee vote and a floor vote planned within about a day of introduction, the chance to refine the rate-class language before the Senate acts was limited.
Tax Policy That Doubles as Power Policy
The headline change is a 50% cut to the sales and use tax exemption. The more revealing detail is the exception. Projects keep a 75% break only if they build on brownfields and bring their own power. That condition ties Ohio’s largest data center incentive to a developer’s grid footprint as well as its capital spending. In practice, the state would be paying a premium for sites that reuse industrial land and lean less on utility-supplied electricity.
Other provisions point the same way. Capping local property tax abatements at 50% and removing access to the 30-year mega project job creation grant both reduce the long-term public subsidy a single campus can collect. Together, these changes suggest Ohio is trying to stay open to data center investment while no longer competing mainly on how much tax it will forgo. Developers already planning Ohio sites will need to revisit their project economics. Those able to secure their own generation gain a relative advantage. The bill does not define what counts as bringing their own power, and that definition will matter.
The Harder Fight Is the Rate Class
The tax changes drew relatively little objection in testimony. The utility billing provision did not. The bill directs PUCO to create a data center rate class that assigns generation, distribution and transmission costs to data centers, similar to AEP Ohio’s existing data center tariff. The Ohio Manufacturers’ Association, already challenging that tariff in court, opposed extending the model statewide. Its energy consultant, John Seryak, described one project in AES Ohio’s territory that would need roughly $230 million in supplemental grid equipment. He said that once the cost is financed over 40 years with return on equity and interest, it comes to about $850 million, and the tariff would recover only $300 million of it. These are the association’s estimates, not audited figures. But the mechanism is plain. If a rate class spreads a project’s costs over years and collects less than the full lifetime cost, the gap has to be paid by someone else on the system.
Seryak raised a second concern about the minimum monthly demand payments these tariffs impose. Minimum payments are generally meant to ensure a large customer covers the capacity built for it. He argued they could also inflate utilities’ load forecasts, pushing them to plan for more capacity whose cost is then spread across all ratepayers. They could also weaken a data center’s incentive to use power efficiently. The Ohio Environmental Council Action Fund raised a related gap. Nolan Rutschilling asked lawmakers to add explicit language telling PUCO how to handle PJM’s September backstop auction for 15 gigawatts of new generation. He said the large-load tariff might cover it, but the bill should make sure it does. The affected parties are clear. Manufacturers and households pay if costs leak out of the rate class. Developers pay more if it is written tightly. Utilities have to forecast and build against whatever the final design encourages.
Water, NDAs and Local Leverage
On water, the bill directs the Ohio EPA to develop a water quality testing plan and report any anomalies. Data centers would have to track and report their water use and adopt conservation practices, including closed-loop cooling, which recirculates coolant rather than continually drawing fresh water. This gives regulators data they currently lack. It does not set usage caps.
The nondisclosure agreement provision drew criticism from both parties. The bill states that an NDA cannot prohibit or limit the release of a public record. Sen. Bill DeMora, D-Columbus, said this “does nothing to stop NDAs,” because it does not ban them. Sen. Jerry Cirino, R-Kirtland, worried from the other direction that the bill could hurt data centers’ ability to negotiate with local governments. The proposed surety bond is the most unusual local protection. It would equal the average salary of all of a data center’s workers over ten years, which Chavez described as “financial insurance” for affected communities. Save Ohio Parks asked for some carbon-free energy requirements and pointed to diesel backup generators as a pollution concern. The bill as introduced does not include such a requirement.
Speed Leaves the Details Unsettled
Chavez’s timeline, with a floor vote potentially one day after introduction, means the most contested language faced little revision in the Senate. DeMora warned that “anything the legislature does in a swift amount of time ends up being bad for everybody.” The risk is concentrated in the rate-class provision. The tax percentages are simple numbers. The cost-allocation rules are not, and they would be left largely to PUCO to design while the AEP tariff remains in litigation.
For the wider PJM region, Ohio’s bill is a sign of where state policy is heading. Incentives are being trimmed and made conditional, while the real policy work moves to utility commissions and tariff design. That is where the costs of AI-driven load growth will actually be divided.
Background
Ohio, particularly central Ohio, has become a major destination for large data center campuses. Its utilities, including AEP Ohio and AES Ohio, are part of the PJM Interconnection grid, which covers all or parts of 13 states and Washington, D.C. As AI-driven demand for computing power has grown, PJM and its member states have struggled with how to pay for the transmission lines, substations and power plants needed to serve that load without shifting costs onto existing customers.
PUCO approved a data center tariff for AEP Ohio last year to assign more of those costs to data centers. The tariff is now under challenge by the Ohio Manufacturers’ Association in the Ohio Supreme Court. Chavez’s bill draws on testimony from the Ohio Senate’s Select Committee on Data Centers and would extend a similar rate-class approach across the state’s utilities. Source: Ohio lawmakers introduce sweeping new data center legislation (Ohio Capital Journal), covering Sen. Brian Chavez’s bill on data center tax breaks, water use, NDAs and utility rate classes.Sources