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Valencia County approves ordinance to pledge state gross-receipts tax to Meta-affiliated data center

Valencia County Board of County Commissioners · March 4, 2026

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Summary

The county adopted an ordinance under the Local Economic Development Act to pledge 50% of state gross receipts/compensating tax from a qualifying Meta-affiliated construction project (Greater Kudu) to reimburse public infrastructure costs; the village of Los Lunas will act as fiscal agent; the ordinance passed unanimously and is recorded as 2026‑1.

Valencia County commissioners voted to adopt an ordinance authorizing a Local Economic Development Act (LEDA/LITA) project to support an expansion by a Meta-affiliated company identified in materials as Greater Kudu. The ordinance pledges 50% of state gross receipts and compensating tax generated by the qualifying construction project toward reimbursement of public infrastructure improvements.

Dan Opperman of the Taft law firm told the board that the Local Economic Development Act allows qualifying mega-projects with at least $350 million in construction to receive public support and that the project’s participation agreement and intergovernmental agreement will set out reimbursements for roads, safety-corridor improvements and other public infrastructure. “It allows 50% of the revenue from those gross receipts to be pledged to that project,” Opperman said. He added the village of Los Lunas will serve as fiscal agent to receive and distribute taxes to reimburse the county and village for public improvements.

Beth Waldrop, regional representative of the New Mexico Economic Development Department, urged adoption and said the statute is intended for projects of the scale described. Commissioners asked about outreach to neighboring jurisdictions and how tax flows would work; Opperman and staff said the current agreement lists the county, village, state and Greater Kudu as parties and that project-generated taxes will flow through tax authorities to reimburse infrastructure costs. Questions about engagement with the Pueblo of Isleta were addressed: presenters said the Pueblo is not a party to this agreement and generally does not share gross receipts tax revenue.

Commissioners moved to approve the ordinance; the motion passed unanimously. The ordinance is recorded as 2026‑1 and, according to presenters, will be published and become effective as specified in the ordinance (publication next day and effective 30 days after recording, subject to the PPA having no material changes).