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Assess a data center subsidy as a conditional public investment—not as proof of public benefit. To judge whether a deal is worthwhile, estimate its full public cost, test whether the incentive changes what the company would otherwise do, verify durable local benefits, assign infrastructure costs, and make performance obligations enforceable and public.
Start with the public goal—and the “but for” question
First identify what the subsidy is meant to achieve: a facility that would not otherwise locate in the area, additional investment, lasting local jobs, a stronger tax base, or another specific public objective. Then ask what would happen without the benefit. Would the company still build, expand, or hire here? Would it choose a different site, build later, or operate at a smaller scale?
Ask the applicant to support its answer with evidence, not just a claim that the incentive is necessary. Relevant questions include whether the site has already been selected, what alternatives remain under consideration, and how electricity costs, available infrastructure, and disaster risk affect the choice. Incentives may influence a decision, but their effect should not be assumed either way: a Georgia state audit says incentives are often considered late in site selection, after options have narrowed, and notes that research on their effectiveness differs.
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Washington State’s July 2026 Joint Legislative Audit and Review Committee (JLARC) review illustrates why gross activity is not the same as additional activity. Fewer than 10 businesses used the reviewed urban-county tax preference, and they used it for refurbishments; no new urban data centers were built using it. JLARC said it could not determine how much activity occurred because of the preference, and noted that some investment would have happened anyway under industry standards.
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Calculate the full public cost over the whole agreement
Build an annual and lifetime estimate, distinguishing actual amounts from projections and stating who prepared the estimate. Include costs borne by governments, utilities, and other customers—not just the tax savings reported by the beneficiary.
- Taxes waived or reduced, including sales, use, property, and other applicable taxes.
- Grants, rebates, discounted land, and other direct public spending.
- Publicly funded roads, utility connections, water infrastructure, emergency capacity, and other upgrades.
- Costs passed through to utility customers or other taxpayers.
- The duration of each benefit, renewal provisions, caps, and sunset dates.
Washington JLARC estimated that beneficiaries saved $42.4 million over fiscal years 2023–26 under the urban preference it reviewed. That figure measures beneficiary savings, not the net benefit to the public; the audit also could not establish how much activity the preference caused.
For context only, Good Jobs First estimated in 2025 that at least 10 states each forwent more than $100 million annually in data-center tax revenue, for an estimated $3.1 billion total. The Georgia state audit and a Pennsylvania legislative research report cite that estimate. It is a national estimate of tax revenue forgone, not a cost calculation for any one community or project.
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Verify benefits and distinguish permanent jobs from construction work
Request actual outcomes by year, not only promised totals. Keep temporary construction employment separate from permanent operations jobs, and ask whether jobs are local and new to the region.
- Permanent full-time jobs by year, occupation, and location.
- Construction employment, reported separately with duration and labor hours.
- Wages, benefits, job duties, and training opportunities.
- Whether positions are new to the region or moved from another county.
- Local supplier spending and tax revenue, with the time period and calculation method.
In the Washington review, beneficiaries reported 53 new permanent jobs and nearly 300 temporary construction jobs. JLARC said the reporting system did not require wage, benefit, job-duty, job-duration, or labor-hour details. The state had not yet verified reported employment because beneficiaries had not reached their six-year employment target date. The example shows why a job count without quality, duration, and verification details is an incomplete measure.
Virginia offers a useful model for the scope of public reporting: its statutory report covers qualifying expenses, the total value of the tax benefit, return on investment including direct and indirect jobs, and state and local tax revenue. Virginia’s 2026 report covers fiscal years 2024 and 2025. Those are reporting categories to consider; they do not by themselves establish that a particular project generated a positive return.
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Assign the costs of power, water, and local infrastructure
Ask the electric utility, water provider, and relevant local agencies to state the facility’s expected peak demand, when demand will occur, which upgrades are needed, who pays for them, and what happens if the project is delayed or cancelled. Compare forecasts with actual use over time. Also assess water sourcing and scarcity, electricity reliability, pollution, land use, roads, and emergency response.
Put the developer’s obligations in the agreement, including responsibility for necessary upgrades and mitigation. Do not assume that a facility’s tax payments cover infrastructure costs or protect existing customers from higher bills.
New South Wales (NSW) announced a data-centre policy framework on 17 August 2026 that calls for no net cost to consumers and communities, funding additional water and energy supply, contributions to local infrastructure and amenity, community consultation, and operator payment for needed electricity-network upgrades. NSW also commissioned an inquiry into water pricing to consider full service costs. These are NSW policy principles, not rules that automatically apply elsewhere.
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Read the eligibility rules and make commitments enforceable
Review the statute, application, incentive agreement, and any side agreements. Check the qualifying investment and job definitions, deadlines, reporting schedule, audit rights, access to data, sunset dates, and the government’s ability to collect money back if targets are missed. Also check whether affiliated tenants can claim separately and whether benefits can be transferred or renewed.
Texas provides one example of structured compliance. Its qualifying data-center exemption requires specified investment and job commitments. The Comptroller audits investment and job creation at five years, reviews job retention annually, and may revoke certification if requirements are not met. Large projects have separate thresholds and rules; consult the applicable Texas requirements rather than assuming one threshold applies to every project.
Washington JLARC found that clawback provisions are common among the states it examined, allowing at least some recovery when job, wage, investment, or other targets are missed. A clause is valuable only if its triggers are clear and the government can practically collect the remedy. Agreements should specify measurable milestones, periodic reporting, independent verification, and remedies that match the promised public benefit.
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Compare proposals on the same basis
Use consistent definitions, time periods, and assumptions when comparing a proposed deal with alternatives. Put the no-subsidy option beside smaller, shorter, or performance-based support, as well as direct investment in workforce or community needs.
| Comparison axis | What to ask |
|---|---|
| Fiscal cost | What are the annual and full-term tax expenditures, direct spending, infrastructure costs, and potential cost exposure? |
| Additionality | What evidence shows the benefit changes the project’s location, scale, timing, or hiring? |
| Jobs | How many permanent local and temporary jobs are expected and achieved, at what wages and benefits, for how long, and with what verification? |
| Infrastructure and resources | Who pays for power, water, roads, emergency capacity, and mitigation, and how are existing customers protected? |
| Accountability | Are reporting, audit rights, milestones, clawbacks, sunsets, and collection remedies clear and workable? |
| Transparency and community input | Can the public see the terms and performance data, and is there a meaningful process to hear and address local concerns? |
| Alternatives | How does the proposal compare with no subsidy, a smaller or shorter benefit, performance-based support, or direct community and workforce investment? |
Keep national industry totals separate from project-level estimates. The Data Center Coalition and PwC estimated U.S. data-center-industry GDP contribution at $355 billion in 2017 and $727 billion in 2023, and industry federal, state, and local tax contributions at $66.2 billion in 2017 and $162.7 billion in 2023. These are national industry estimates cited by the Georgia audit and the Pennsylvania legislative research report, not estimates of what a particular project or subsidy caused. Their scale does not answer whether a local incentive produces net public value.
What a local assessment still needs
No state example can establish the tax rules, disclosure rights, project costs, utility and water capacity, or enforceable contract terms for an unnamed community. A local review needs the applicable statute and incentive agreement, a fiscal estimate covering the full term, utility and infrastructure studies, and access to performance information permitted by local law. State examples can help shape questions and reporting standards, but they are not substitutes for those local records.
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