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Senate approves targeted sales-tax exemption for qualifying enterprise data centers (SB 3,002)

Utah State Senate · July 13, 2016
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Summary

Senate passed SB 3,002, a targeted economic-development bill defining 'qualified enterprise data center' and providing a post-performance sales-tax exemption for eligible machinery, equipment and repair parts. Sponsor argued the exemption is intended to attract substantial anchor investments and is structured so benefits accrue after in-state spending.

The Utah Senate approved SB 3,002 after floor debate about scale, fairness and fiscal effect. Sponsor Senator Bramble described the bill as a post-performance, narrowly targeted tax policy intended to attract anchor enterprise data centers rather than broadly subsidizing small startups.

"If you don't spend the money, you don't get the exemption," Bramble said, describing the post-performance structure: companies must commit to and spend on specified equipment and meet criteria (including a 150,000 square-foot threshold discussed on the floor) before realizing the sales-tax exemption. Supporters characterized the policy as consistent with prior semiconductor and telecommunications incentives that yielded long-term in-state investment.

Opponents and questioners pressed whether the measure unjustly favors large, often out-of-state companies and whether the fiscal impact was fully understood; sponsors replied stakeholders helped craft the language and said the exemption is limited and designed to protect revenue because it only applies after investment occurs.

Under suspension of the rules the Senate moved final passage; the clerk announced SB 3,002 had 'received 24 yay votes, 1 nay vote, 4 being absent.' The bill will be transmitted to the House for further consideration and any required signatures.