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Political Fight Over Data Center Tax Breaks Intensifies Ahead of Midterms

By Drooid · · How we work

Core Event: Tax Provision Fuels Attack Ads and Legislative Maneuvers

Equipment used in data centers qualifies, allowing developers to claim immediate depreciation. Senate Republicans have introduced the Ratepayer Protection Act, a measure that merely asks states to consider consumer costs without imposing construction limits; all but four Democrats voted to block it.

Background & Context: From Bipartisan Boost to Political Liability

When the bill passed last year, both parties praised it as a catalyst for investment, with the GOP-controlled House Ways and Means Committee touting its role in spurring data-center construction. Early in the boom, politicians from both sides highlighted the projects as sources of tax revenue and jobs. By last summer, protests erupted in states such as Arizona and Wisconsin, and by the following fall, candidates in Virginia and New Jersey were campaigning against new facilities. The backlash has grown into a national flashpoint, with Senate Democrat Bernie Sanders proposing a moratorium on data-center development.

Data & Statistics: Billions, Percentages, and Public Sentiment

  • The Institute on Taxation and Economic Policy estimated that up-front depreciation saved AI companies roughly $27 billion in taxes last year, though not all of that was tied to data-center construction.
  • The conservative Tax Foundation projected that barring data-center builders from the break could save the government up to $46 billion over ten years.
  • The National Community Reinvestment Coalition reported that 14 % of existing data centers sit in opportunity zones, with 17 % of planned or under-construction projects located there.
  • Internal Democratic polling finds data-center construction as unpopular as landfills or prisons, with about three-quarters of Americans opposing a new center in their community.
  • The League of Conservation Voters has spent $2 million on ads targeting five swing districts, while the anti-corruption group Defend The Vote launched a $7 million ad buy against Ohio Sen. Jon Husted.

Official Statements & Responses

Sen. Sen. Josh Hawley (R-Mo.) called the depreciation break “just corporate welfare” and argued data-center developers should fund projects themselves. Sen. Chris Murphy (D-Conn.) Rep. Kristen McDonald Rivet (D-Mich.)

Verbatim Quotes

  • “This bill passing is the only way you get a chance to prove to the American people before the midterm elections which side you’re on,” — Sen. Jon Husted, of Ohio (R)
  • “There’s plenty of open space in Texas,” — General Ken Paxton, texas attorney