Indiana data center local revenue share, IC 6-2.5-15-15.5 (2026)
Indiana — IC 6-2.5-15-15.5 Requires Data Centers Holding State Sales Tax Exemptions to Pay LOCAL REVENUE SHARE of Up to 1% Quarterly After June 30, 2026, Returning Money to the Communities That Host Them Rather Than Only to the State That Exempted Them
Indiana · Ind. Code § 6-2.5-15-15.5, enacted via HEA 1210 (2026) — data center local revenue share, up to 1% quarterly, for periods after June 30, 2026
- Status
- In effect
- Took effect
- June 30, 2026
- Applies to
- Data centers in Indiana holding sales tax exemption certificates, which must make local revenue share payments of up to 1% quarterly for periods after June 30, 2026
- Enforced by
- Indiana Department of Revenue; the Indiana Economic Development Corporation administers the certificate regime
Indiana grants data centers long-dated sales tax exemptions — 25- or 50-year certificates under IC 6-2.5-15, available at a $50 million minimum investment, alongside property tax abatement under IC 6-1.1-10-44 for investments of $25 million or more. IC 6-2.5-15-15.5 attaches a condition to that generosity: a LOCAL REVENUE SHARE of UP TO 1%, PAID QUARTERLY, for periods after JUNE 30, 2026. The structural problem it addresses runs through this whole dataset. A state grants the exemption and captures the announcement; the host community absorbs the consequences — the grid load, the water draw, the truck traffic, the noise, the substation, the foregone property tax base that would have funded its schools. The Marion County, Florida commissioner who objected that a 49-megawatt facility is the equivalent of 10,000 to 15,000 households was making a version of this point, as was the Cumberland, Rhode Island sponsor who noted a large data center can use as much water in a day as her entire town. A local revenue share does not reduce any of those burdens. What it does is stop the fiscal benefit accruing entirely to the level of government that does not bear them. This is worth recording as a protection of a specific and limited kind: it is COMPENSATORY rather than preventive. It does not restrict siting, cap size, limit water or require disclosure. A community that does not want a data center gets no help from it. A community that is getting one anyway gets a revenue stream it would otherwise have been denied by the very exemption that attracted the project. Indiana's local response has been substantial regardless — nearly one-third of Indiana counties have adopted restrictions, moratoriums, ordinances or bans.
Who is protected: Indiana local government units hosting data centers that hold state sales tax exemptions, and their residents
Legal detail
INDIANA — IC 6-2.5-15-15.5, LOCAL REVENUE SHARE obligation attaching to the data center sales tax exemption regime, requiring payments of UP TO 1% PAID QUARTERLY for periods AFTER JUNE 30, 2026. THE SURROUNDING INCENTIVE STRUCTURE, which is what makes the provision intelligible: IC 6-2.5-15 grants data center SALES TAX EXEMPTIONS via 25- OR 50-YEAR CERTIFICATES; a 2025 amendment extended the exemptions and set a $50 MILLION MINIMUM INVESTMENT threshold; IC 6-1.1-10-44 provides PROPERTY TAX ABATEMENT for investments of $25 MILLION OR MORE. Indiana also maintains IC 8-1-7.9 EXPEDITED GENERATION PATHWAYS (90-150 day IURC approval windows) and IC 8-1-46 multi-year rate plans — both enabling rather than protective — and IC 8-1-45, a FOREIGN ADVERSARY CONSTRUCTION BAN. THE STRUCTURAL ASYMMETRY THE REVENUE SHARE ADDRESSES is recorded repeatedly elsewhere in this dataset from the other direction: the STATE grants the exemption, while the HOST COMMUNITY bears grid load, water consumption, noise, traffic, substation siting and the foregone local tax base. See Marion County FL 12-month large data center moratorium (2026) (Commissioner Bryant: a 49 MW facility equals 10,000-15,000 households); Cumberland RI data center zoning prohibition, Ordinance 26-22 (2026) (sponsor: a large data center can use as much water per day as roughly the number of households in the town); Ohio bill to prohibit data center property tax exemptions (2026) (urban-area legislators acting because property tax exemptions hit LOCAL government budgets). CLASSIFICATION — THIS IS A COMPENSATORY PROTECTION, NOT A PREVENTIVE ONE, and the distinction should not be blurred. It imposes no siting restriction, no size cap, no water limit, no noise standard and no disclosure duty. It does not help a community that does not want a data center; it channels revenue to one that is receiving a state-exempted facility regardless. `strength` is recorded as moderate on that basis. COMPARISON: this is the inverse of the exemption-withdrawal approach taken at Ohio — DeWine pause of the data center sales tax exemption program (2026) and proposed at Ohio bill to prohibit data center property tax exemptions (2026) and in New Jersey Quijano AI data center delay and study commission bill (2026) — Indiana keeps the inducement and shares its cost locally; Ohio and New Jersey would withdraw it. Both are fiscal instruments operating outside zoning. LOCAL CONTEXT: 'nearly one-third of INDIANA COUNTIES have adopted restrictions, moratoriums, ordinances, or bans,' and the Indianapolis Metropolitan Development Commission moratorium runs through 2027 (Indianapolis data center moratorium (Council 23-1 Aug 10; MDC 6-0 Aug 19; effective), Indianapolis temporary data center moratorium (committee advanced July 13, 2026), SU-47 Special-Use Data Center Zoning District Ordinance). NOT OBTAINED: the enacting bill number and date, 1% OF WHAT BASE (the source says 'up to 1% quarterly payments' without identifying the measure — gross receipts, exempted purchases, assessed value or another figure, and THIS IS THE MOST IMPORTANT GAP), which local units receive the payments and in what proportion, whether the rate is fixed or negotiated, and any enforcement mechanism.
Key facts
| Jurisdiction | Indiana |
|---|---|
| Level | State |
| Strength | Moderate |
| Enacted | July 1, 2026 |
| Citation | Ind. Code § 6-2.5-15-15.5, enacted via HEA 1210 (2026) — data center local revenue share, up to 1% quarterly, for periods after June 30, 2026 |
| Private right of action | No, agency enforcement only |
| Penalties | Not stated in the located source |
| Topics | data-center siting and energy · consumer protection · government use of AI |
| Legal analysis | From Incentives to Moratoriums: How Several Key States Are Responding to Data Centers — JD Supra (law firm survey) |
More AI rules in Indiana
- Indiana Consumer Data Protection Act · In effect
- IN NCII Deepfake Law · In effect
- Indiana HB 1271 (no AI-only claim downcoding) · In effect
- Indiana SB 256 (foreign-adversary AI vendor & student rules) · In effect
- State of Indiana Artificial Intelligence Policy · In effect
Related data-center siting and energy rules elsewhere
- Superior WI Data Center Moratorium (1-year) · In effect
- Dane County WI Hyperscale Data Center Moratorium · In effect
- Madison WI Data Center Moratorium (1-year) · In effect
- Manitowoc County WI Data Center Moratorium · In effect
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Dayton OH data center moratorium (180-day, Apr 2026) · In effect
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