KRS 154.20-228: Eligibility for approval of a proposed data center project.

(1) The authority shall not approve a proposed data center project that otherwise meets

the requirements of KRS 154.20 -220 to 154.20 -229 if the proposed data center

project will r esult in the replacement of facilities existing in the state, except as

provided in this section.

(2) The authority may approve a proposed data center project that:

(a) Rehabilitates an existing data center used for activities of an eligible

company, if:

1. The data center to be rehabilitated has not been in operation for a period

of ninety (90) or more consecutive days;

2. a. The current occupant of the data center to be rehabilitated has

advertised a notice of closure; and

b. The eligible company proposin g the data center project is not an

affiliate of the current occupant of the data center to be

rehabilitated; or

3. a. The data center to be rehabilitated is sold or transferred pursuant to

a foreclosure ordered by a court of competent jurisdiction or an

order of a bankruptcy court of competent jurisdiction; and

b. The title to the data center to be rehabilitated prior to the sale is

not vested in the eligible company;

(b) Replaces an existing data center of an eligible company if:

1. a. Title to the data center to be replaced:

i. Is held by exercise of the power of eminent domain; or

ii. May be taken pursuant to a nonappealable judgment granting

authority to exercise the power of eminent domain; and

b. Normal operations at the data center to be replaced cannot be

resumed within twelve (12) months; or

2. The data center to be replaced has been damaged or destroyed by fire or

other casualty to the extent that normal operations cannot be resumed at

the facility within twelve (12) months; or

(c) Replaces an existing data center located in the same county if the existing data

center cannot be expanded due to the unavailability of real estate at or

adjacent to the data center to be replaced. Any qualifying data center project

satisfying the requirements of this paragraph shall be eligible for incentives

under this subchapter only to the extent of the expansion. No incentives shall

be available for the equivalent of the facility to be replaced or rehabilitated.

(3) The authority shall not approve a proposed data center project under this section

which results in a lease abandonment or lease termination by the eligible company

without the consent of the lessor.