{"data":{"id":"us-ky/krs-154.20-228","jurisdiction":"us-ky","citation":"KRS 154.20-228","heading":"Eligibility for approval of a proposed data center project.","body":"(1) The authority shall not approve a proposed data center project that otherwise meets\nthe requirements of KRS 154.20 -220 to 154.20 -229 if the proposed data center\nproject will r esult in the replacement of facilities existing in the state, except as\nprovided in this section.\n(2) The authority may approve a proposed data center project that:\n(a) Rehabilitates an existing data center used for activities of an eligible\ncompany, if:\n1. The data center to be rehabilitated has not been in operation for a period\nof ninety (90) or more consecutive days;\n2. a. The current occupant of the data center to be rehabilitated has\nadvertised a notice of closure; and\nb. The eligible company proposin g the data center project is not an\naffiliate of the current occupant of the data center to be\nrehabilitated; or\n3. a. The data center to be rehabilitated is sold or transferred pursuant to\na foreclosure ordered by a court of competent jurisdiction or an\norder of a bankruptcy court of competent jurisdiction; and\nb. The title to the data center to be rehabilitated prior to the sale is\nnot vested in the eligible company;\n(b) Replaces an existing data center of an eligible company if:\n1. a. Title to the data center to be replaced:\ni. Is held by exercise of the power of eminent domain; or\nii. May be taken pursuant to a nonappealable judgment granting\nauthority to exercise the power of eminent domain; and\nb. Normal operations at the data center to be replaced cannot be\nresumed within twelve (12) months; or\n2. The data center to be replaced has been damaged or destroyed by fire or\nother casualty to the extent that normal operations cannot be resumed at\nthe facility within twelve (12) months; or\n(c) Replaces an existing data center located in the same county if the existing data\ncenter cannot be expanded due to the unavailability of  real estate at or\nadjacent to the data center to be replaced. Any qualifying data center project\nsatisfying the requirements of this paragraph shall be eligible for incentives\nunder this subchapter only to the extent of the expansion. No incentives shall\nbe available for the equivalent of the facility to be replaced or rehabilitated.\n(3) The authority shall not approve a proposed data center project under this section\nwhich results in a lease abandonment or lease termination by the eligible company\nwithout the consent of the lessor.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55423","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:53Z","sha256":"c2210816a5ba9062e3bf16f3b1c47dc6d7d1920510bab9defcc24ea17bf769e4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-154.20-226","next":"us-ky/krs-154.20-229"},"notice":"GroundRules: Original legal text. Not legal advice."}