Ohio — DeWine pause of the data center sales tax exemption program (2026)

Ohio — Gov. Mike DeWine PAUSES the Data Center Sales and Use Tax Exemption Program Under O.R.C. § 122.175 (May 2026), Withdrawing the State's Principal Financial Inducement While at Least Four Separate Bills to Abolish or Restrict It Sit in the Legislature
Ohio · Ohio — Gov. DeWine pause of O.R.C. § 122.175 data center sales and use tax exemption, announced May 27 2026; Ohio Tax Credit Authority directed to stop accepting applications

Status
In effect
Took effect
May 27, 2026
Applies to
Data center developers seeking new sales and use tax exemption certificates in Ohio; the state agency administering the program
Enforced by
Office of the Governor of Ohio; the state agency administering the O.R.C. § 122.175 program

Ohio's data center sales and use tax exemption, codified at O.R.C. § 122.175, has been the state's principal financial inducement for data center investment. IN MAY 2026 GOV. MIKE DEWINE PAUSED THE PROGRAM. No end date is stated. This belongs in a protection dataset for the same reason the New Jersey and Ohio tax bills do: withdrawing a subsidy is a different lever from restricting a use, and in some respects a more powerful one. A moratorium tells a developer it must wait. A zoning prohibition tells it to go elsewhere in the state. Suspending the sales tax exemption changes the arithmetic of building in Ohio at all, and it does so without any municipality acting and without raising the vested-rights and litigation-capacity problems that have defeated local pauses elsewhere in this dataset. It is also striking as an executive act. Everything else on this question in Ohio is legislative and pending: HB 646 would impose sweeping data center restrictions on electricity use, water conservation and tax exemptions; SB 374 and HB 957 would each amend § 122.175 to prohibit new data center sales tax exemptions outright; HB 775 touches the section as part of a much larger bill. None of those has passed. The Governor did not wait for them. The pause is correspondingly fragile in exactly the way the statutes would not be — an executive suspension of a statutory program can be lifted by the same or a successor Governor without legislative involvement, which is why the bills still matter. Ohio's local picture is the most extensive in the country: at least 138 municipalities and townships had active data center moratoriums as of September 2026, with 23 effective bans. The state-level story is that the money is being turned off at the same time.

Who is protected: Ohio taxpayers and the state treasury; indirectly, Ohio communities facing data center development driven by the exemption

Legal detail

OHIO — EXECUTIVE PAUSE of the DATA CENTER SALES AND USE TAX EXEMPTION PROGRAM under O.R.C. § 122.175, imposed by GOV. MIKE DEWINE in MAY 2026. The located source states only: 'Governor Mike DeWine paused the program,' 'In May 2026,' WITH NO STATED END DATE OR DURATION. INSTRUMENT CLASS — FISCAL, NOT LAND-USE. This dataset is overwhelmingly composed of zoning instruments that determine WHERE a facility may be built. A sales and use tax exemption determines WHETHER BUILDING IN THE STATE PENCILS AT ALL. Suspending it (a) operates statewide without municipal action, (b) requires no zoning authority, and (c) does not expose the state to the vested-rights or litigation-capacity failures recorded at Inver Grove Heights MN data center moratorium amended under lawsuit (2026) and the Rockford, Cle Elum, Salem, Lowell and Athens matters, because withdrawing a discretionary inducement is not a taking of an entitlement. THE FISCAL-LEVER COHORT NOW RECORDED IN THIS DATASET: Ohio bill to prohibit data center property tax exemptions (2026) (Ohio House bill to prohibit PROPERTY tax exemptions, introduced September 2026 by members largely representing urban areas), New Jersey Quijano AI data center delay and study commission bill (2026) (delaying subsidies and tax incentives alongside approvals), the New Jersey End Data Center Tax Credits Act reducing available credits from $500M to $250M for AI projects (S4390/A5165), the Illinois pause on its state data center incentives (recorded as a lead), and on the enabling side the Indianapolis Metropolitan Development Commission's $240M tax break for Sabey Data Centers and Kentucky's HB 8 fifty-year sales and use tax exemption. THE LEGISLATIVE BACKDROP, all already indexed as LegiScan imports and all PENDING: legiscan-active-oh-sb374 and legiscan-active-oh-hb957 would each amend § 122.175 to PROHIBIT NEW DATA CENTER SALES TAX EXEMPTIONS from being granted; legiscan-active-oh-hb646 is the sweeping data center bill amending §§ 122.17, 122.175 and 3745.015 and enacting numerous new sections on electricity, water and tax; legiscan-active-oh-hb775 touches § 122.175 within a much larger instrument. THE GOVERNOR ACTED WHILE ALL OF THESE REMAINED PENDING, WHICH IS THE ENTRY'S SIGNIFICANCE AND ALSO ITS WEAKNESS: an executive suspension of a statutory exemption program is revocable by the same or a successor Governor without legislative action, whereas SB 374 or HB 957 would repeal the authority. THE LEGAL BASIS FOR THE PAUSE IS NOT STATED IN THE SOURCE — whether it rests on the Development Services Agency's discretion over the granting of exemption certificates, on a directive to that agency, or on some other authority IS UNKNOWN, and the durability question turns on it. LOCAL CONTEXT: at least 138 Ohio municipalities and townships had active data center moratoriums as of 2026-09-17, 23 communities had effectively banned data centers, and at least 23 more across seven counties were considering it — the most extensive local response recorded anywhere in this dataset, of which this dataset indexes only a handful.

Key facts

JurisdictionOhio
LevelState
StrengthModerate
EnactedMay 27, 2026
CitationOhio — Gov. DeWine pause of O.R.C. § 122.175 data center sales and use tax exemption, announced May 27 2026; Ohio Tax Credit Authority directed to stop accepting applications
Private right of actionNo, agency enforcement only
PenaltiesNot applicable — the measure withdraws an inducement rather than imposing an obligation
Topicsdata-center siting and energy · consumer protection · government use of AI
Agency pageGovernor DeWine Announces Pause of Data Center Tax Exemption — Office of the Governor of Ohio

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