Data centers in Arkansas

📜 State laws

Act 851 (2023): the Arkansas Data Centers Act · April 13, 2023
Act 851 was signed April 13, 2023. It says a crypto mine (a site using more than 1 megawatt to mine digital money) may operate if it follows state law and local rules on operations and safety. Cities and counties may not set different rules for crypto mines than for other data centers, may not rezone land to target a crypto mine, and may not set special noise limits for crypto mining at home. Crypto mines may operate in industrial zones. The Attorney General said in Opinion 2023-060 that cities and counties cannot pass a ban on new crypto mines, but can enforce general noise and safety rules that apply the same way to all data centers. The law does not mention pauses (moratoriums) on other data centers, and no court has ruled on how far it reaches. Source

Act 173 (2024): noise rules and foreign ownership for crypto mines · May 3, 2024
Act 173 was signed May 3, 2024. It requires crypto mines to reduce noise, for example with liquid cooling, a full sound-blocking enclosure, or (with local approval) moving at least 2,000 feet from the nearest home or business or into an industrial zone. A landowner within 2,000 feet of a crypto mine can sue in circuit court to make it use these noise measures. The act also bans crypto mines owned by companies tied to certain foreign governments, such as China, and lets the Attorney General force a sale. Cities and counties still may not ban crypto mining at home. Source

Act 174 (2024): state permits for crypto mines (blocked in court) · May 3, 2024
Act 174 was signed May 3, 2024. It requires crypto mines to get a permit from the Oil and Gas Commission, and says cities and counties may still pass rules on crypto mines that do not conflict with state law. On April 29, 2025, a federal court in the Eastern District of Arkansas blocked the state from enforcing Act 174 and its rule (Rule K). Until the court says otherwise, the Commission is not taking permit applications or complaints about crypto mines. Source

Act 373 (2025): Generating Arkansas Jobs Act · March 20, 2025
Act 373 was signed March 20, 2025, and took effect right away. It lets electric and gas companies, with PSC approval, add a yearly charge (a 'rider') to customer bills to pay for big 'strategic investments' while they are still being built, instead of waiting until a plant is finished. Strategic investments include new power plants of 100 megawatts or more and large battery sites. Supporters say this lets utilities promise power to big new customers like data centers. Entergy Arkansas, Black Hills Energy Arkansas and OG&E have been approved to use this charge. Source

2026: data center bills did not get a vote · May 2026
In the 2026 fiscal (budget) session, Sen. Bryan King filed six bills to regulate data centers, including limits on water and power use. Bills outside the budget need a two-thirds vote of both chambers just to be considered. None of the data center bills got enough votes, so they were not debated or passed. Source

2026: proposed state resolution asking for a data center pause · Aug 21, 2026
On Aug. 21, 2026, Democratic Sen. Fred Love of Little Rock, who is also running for governor, filed a non-binding resolution with the Arkansas Legislative Council 'to encourage a moratorium on the development and opening of data centers' while the state writes standards. The council sent it to the House and Senate Insurance and Commerce committees for a recommendation. Governor Sarah Huckabee Sanders has not moved to limit data centers; her office said she will keep working to protect clean water and lower costs. A non-binding resolution would not change any law. Source

💡 Who pays for the power

Entergy Arkansas's power contract with Google (approved, mostly secret) · Dec 4, 2025
On Dec. 4, 2025, the PSC approved without changes Entergy Arkansas's special rate contract with Google (filed under the name Attitude Capital, LLC) for Google's West Memphis data center (Docket 25-055-P). Almost the whole contract is redacted. Entergy says Google will pay its full cost of service and that the deal brings $1.1 billion in net benefits to other customers; the PSC's cost test came out positive in every scenario. The PSC turned down Entergy's plan for how to count Google's up-front payments, saying it would mainly help Entergy and Google, and ordered a new plan. The data center will connect to Entergy's 500 kV power lines. Source

New charge on Entergy Arkansas bills for power plants being built · March 7, 2026
Under Act 373, the PSC approved Entergy Arkansas's new rider (now called the Generating Arkansas Jobs Act Rider, Rate Schedule 73) in October 2025 (Docket 25-049-TF). In March 2026 Entergy asked to raise it to help pay for three projects: Ironwood gas plant (Hot Spring County), Jefferson Power Station gas plant, and Cypress Solar and battery (Jefferson County), which was built to serve Google. Entergy estimated this would add $5.77 a month (about 4.2%) for a home using 1,000 kWh, or $4.22 a month after a nuclear tax credit. New rates take effect with June bills each year once approved. Source

Who pays for the solar farm built for Google · Sept 2, 2026
Records accidentally released in 2026 show Google will pay Entergy $526 million up front toward the $1.6 billion Cypress Solar project, about one-third of its cost. News reports say the other two-thirds would come from all Entergy customers through a charge of nearly $6 a month over 20 years. Google says it covers 100% of its power and infrastructure costs. Entergy asked a federal judge to make two newspapers remove the articles; the judge said no. Source

💵 Tax breaks

State sales tax break for data centers (Act 819 of 2023, Act 548 of 2025) · April 10, 2025
Act 819 of 2023 exempts qualified data centers from state sales and use tax on equipment, building costs, services and the electricity they use. Act 548 of 2025 lowered the investment needed from $500 million to $100 million within five years after construction starts, plus at least $1 million a year in pay to workers in Arkansas in its first two years of operation. It added a 'large data center' category for campuses on two or more separate sites linked by fiber: at least $2 billion invested within 10 years and $3 million a year in pay in its first two years. Crypto mines do not qualify. A company needs a positive cost-benefit study from the Arkansas Economic Development Commission and a certificate from the Department of Finance and Administration. Source

Local property tax breaks (Act 9 bonds and PILOT deals) · Dec 4, 2025
Cities and counties can give big projects property tax breaks through 'Act 9' industrial bonds and payment-in-lieu-of-taxes (PILOT) deals, such as a 2025 Little River County solar deal that would cut the developer's property taxes by up to 65%. In counties, the Attorney General said in Opinion 2025-058 (Dec. 4, 2025) that the county judge alone, acting as the county court, can approve these deals without a vote of the Quorum Court. Taxpayers who disagree can appeal to circuit court. Source

🤐 Secret deals and public records

Arkansas public records law (FOIA): who can ask and how fast · 2026
Under the Arkansas Freedom of Information Act, 'any citizen of the State of Arkansas' (including companies) can see and copy public records. You do not have to say why. Records are due right away, or within three working days if they are in use or storage. Agencies may charge only the actual cost of copies. If you are denied, you can go to circuit court right away, and the court must set a hearing within seven days of your petition. Source

Business secrets the law lets agencies keep · 2026
The FOIA lets agencies hold back 'files that if disclosed would give advantage to competitors or bidders'. It also exempts records of the Arkansas Economic Development Commission about a company's site selection, expansion or plans, unless the company agrees to release them. This is why many data center deals start with a secret company name or code name. Source

Fight over the secret Google power contract · Sept 2, 2026
The PSC let Entergy file the Google contract under seal as a trade secret. In June 2026 the Arkansas Democrat-Gazette sued the PSC under the FOIA to get it; a judge sent the case back to the PSC. Some contract terms were later released by mistake, and a federal judge refused Entergy's request to make news outlets remove stories about them. Source

💧 Water

Big water users must register with the state · Oct 27, 2022
The Natural Resources Division of the Arkansas Department of Agriculture keeps a register of water use. Anyone (except households) with a well that can pump 50,000 gallons a day or more, and anyone taking 1 acre-foot (325,851 gallons) or more a year from a river, lake or stream, must report use each year between Oct. 1 and March 1 and pay $10 per site. The state can require water rights only inside 'critical groundwater areas' it has declared after local hearings. Most data centers buy water from a city water utility, so the city usually decides. Source

🌫️ Air and generators

Air permits for generators and power plants · Oct 8, 2026
The Office of Air Quality in the Division of Environmental Quality (DEQ) issues air permits for diesel backup generators and gas power plants. Draft permits are posted online. The comment period starts when the notice is published and ends at 4:30 p.m. on the 30th day; anyone can ask for a public hearing during that time. In October 2026 the list included Entergy's planned gas plant at its White Bluff site in Jefferson County (Jefferson Power Station). Source

Approval of new power plants and power lines · June 30, 2026
Big new power plants and power lines need a certificate from the PSC. The Cypress Solar and battery project built for Google's load is Docket 25-054-U (main order March 3, 2026), and the Jefferson Power Station gas plant is Docket 25-047-U. People can comment on open cases on the PSC website. Source

🙋 How to have your say

Who decides about data centers in Arkansas · Oct 8, 2026
Cities zone land inside their limits through a planning commission and the city council (or city board of directors). Outside cities, the county Quorum Court (justices of the peace) passes county ordinances, such as the data center pauses several counties adopted in 2026. The county judge runs the county and alone approves county tax-break deals (Act 9 bonds and PILOTs). State law (Act 851) protects crypto mines from local rules that single them out. The PSC decides power contracts and rates, and DEQ decides air permits. Source

How county votes work · May 29, 2026
Most Quorum Court ordinances pass by a simple majority. An emergency ordinance, which takes effect right away, needs a two-thirds vote. In Pulaski County (15 members) that means 10 votes; a 2026 data center pause failed because it got only 8. Source

Appealing a planning decision · March 1, 2025
Cities set their own appeal steps and deadlines, and they can be short. For example, in Hot Springs any Planning Commission action can be appealed to the city Board of Directors within 30 days. Check your city or county code right away after a vote, and ask the clerk for the written decision. Source

How to ask for records · 2026
Any Arkansas resident can send a FOIA request to the city, county or state office that keeps the record. Ask for specific items, such as 'any agreement or nondisclosure agreement (NDA) with the data center developer'. Records are due within three working days if not available right away. If refused, you can file in circuit court. Source

How to comment at the Public Service Commission · Oct 8, 2026
The PSC takes public comments online for each open case (docket). Pick the docket number on the PSC public comment page. Hearings are usually at the PSC building at 1000 Center Street in Little Rock, and the Attorney General can take part in any case for customers. In the Google case, the PSC refused to cancel the public hearing and held it on Nov. 17, 2025. Source

How to comment on an air permit · Oct 8, 2026
Watch the DEQ draft air permits list. During the 30-day comment period, email comments to the Air Permits Branch or ask for a public hearing. You can also sign up for DEQ's 'Air Permits - Permit Changes' emails. Source

🧾 Help with your bills

LIHEAP: help with heating and cooling bills · Oct 8, 2026
The Low-Income Home Energy Assistance Program (LIHEAP) helps pay heating bills in winter and cooling bills in summer. In Arkansas it is run by community-based organizations (Community Action Agencies) that serve all 75 counties. Apply with the one for your county, not with the state energy office. The program never charges a fee to apply. Source

📞 Who to contact

Arkansas Public Service Commission (PSC) · Oct 8, 2026
Sets electric rates, approves special power contracts like Google's, and approves new power plants and lines. Takes public comments on each open case. Source

Division of Environmental Quality (DEQ), Department of Energy and Environment · Oct 8, 2026
Issues air permits for generators and power plants and water discharge permits. Posts draft permits for comment. Source

Natural Resources Division, Arkansas Department of Agriculture · Oct 8, 2026
Keeps the state register of large well and surface water use and can declare critical groundwater areas. Source

Oil and Gas Commission · Oct 8, 2026
Was given the job of permitting crypto mines (Act 174), but a federal court has blocked that program since April 2025. Source

Arkansas Attorney General · Oct 8, 2026
Writes legal opinions for officials, publishes the FOIA handbook, and can take part in PSC rate cases for customers. Source

Arkansas Economic Development Commission (AEDC) · Oct 8, 2026
Recruits big projects and runs the cost-benefit study needed for the data center sales tax break. Its site-selection records can be kept secret. Source

Arkansas General Assembly · Oct 8, 2026
Writes state law. Bills, acts and committee meetings are posted on arkleg.state.ar.us. Source