Data centers in Idaho

📜 State laws

Big new power users must pay their own way (HB 911, signed 2026) · April 10, 2026
HB 911 adds a new law, Idaho Code 61-335. It covers 'new large loads': a customer that adds 50 megawatts or more within five years under a power contract signed on or after July 1, 2026. Idaho Power, Avista and Rocky Mountain Power may serve such a customer only under a contract the Public Utilities Commission approves first. The utility must show a 'no harm test' on other customers' rates. The commission must approve the contract only if the big customer pays its full cost, including new power plants, power lines and substations built just for it, and keeps service reliable for everyone else. The customer must put up money as security so others are not stuck with the bill if it leaves. Splitting one project into smaller hookups to dodge the rule is not allowed. The commission has 270 days to decide. The law took effect July 1, 2026. The bill page says the governor signed it April 10, 2026. Source

New data centers can't use their own water rights for evaporative cooling (HB 895, signed April 2, 2026) · April 2, 2026
HB 895 (new Idaho Code 42-252) covers data centers that start building on or after July 1, 2026. They may not use water for cooling in a way that uses it up (for example, water that evaporates in cooling towers), unless the water comes from a city, water district, or water and sewer district system. The goal is to push new data centers toward closed-loop cooling and keep water for farms and other existing users. It does not affect data centers built or started before then. The House passed it 58-10 and the Senate 32-1. Governor Little signed it April 2, 2026 (Session Law Chapter 291). Source

Bill to narrow the data center sales tax break died (HB 897, 2026) · April 2, 2026
HB 897 would have narrowed Idaho's data center sales tax break: only servers inside the building would be tax-free, new energy and water rules would apply, the break would last 20 years per project, and the state tax commission would have to report how much tax goes uncollected. The House passed it 68-0 and the Senate passed an amended version 34-0, but the House never voted on the Senate changes before the session ended. So the old tax break stays in place. Source

Earlier 20-megawatt ratepayer bill stalled (HB 756, 2026) · Feb 25, 2026
HB 756, a first version of the large-customer rules from the House State Affairs Committee, was printed and sent to committee on Feb. 25, 2026, and went no further. HB 911 replaced it with a 50-megawatt threshold. Source

Data centers in urban renewal areas: 2023 change · March 16, 2023
Since 2023, Idaho law (Code 50-2903) says the added property value of a big data center (at least $250 million invested and 30 new jobs) in an urban renewal area with no bonds issued as of March 16, 2023 goes onto the regular tax rolls. That means the urban renewal agency cannot keep those new property taxes for its own projects. Source

💡 Who pays for the power

Idaho Power base rates up about $12 a month from Jan. 1, 2026 · Dec 30, 2025
In December 2025 the Public Utilities Commission approved a settlement that raised Idaho Power's yearly revenue by $110 million (7.48% overall), instead of the $199.1 million the company first asked for. A home using 900 kilowatt-hours a month pays about $12.13 more each month. The $15 monthly service charge did not change. Idaho Power said the money pays for power lines, substations and wildfire work (case IPC-E-25-16). Source

Another increase from June 1, 2026 (yearly cost adjustments) · May 29, 2026
Idaho Power's yearly power-cost (PCA) and fixed-cost (FCA) adjustments raised a typical home bill (900 kilowatt-hours) by about $3.64 a month, or 3.15%, if approved as filed. The commission approved the power-cost part as filed, effective June 1, 2026 (Order No. 37054). Source

Open case: how much should data centers and other big new customers pay? (IPC-E-26-07) · Sept 16, 2026
Idaho Power asked the commission to review how it splits costs among customer groups, including the cost of serving new large customers like data centers. Micron, irrigators, the City of Boise, federal agencies and clean-energy groups joined the case. Staff and other parties file their views by Nov. 25, 2026. The public can comment until Dec. 14, 2026. A hearing is set for the week of Jan. 18, 2027. Source

Meta's Kuna data center contract is being updated (IPC-E-26-25) · Sept 23, 2026
Customers using more than 20 megawatts need a special contract with Idaho Power. The commission approved one for Brisbie LLC, the Meta company behind the Kuna data center, in May 2023, after staff checked it would not raise other customers' rates. The data center has used power since March 2025. On Sept. 2, 2026 Idaho Power asked to add a third amendment that it says adds protections against shifting costs to other customers, without changing the prices. HB 911 does not apply to this older contract. Source

Idaho Power wants two new gas power plants · April 7, 2026
Idaho Power expects demand to grow by about 1,700 megawatts over 20 years. In March 2026 it asked the commission to approve two gas plants: South Hills (222 megawatts, Twin Falls County, 2029) and Peregrine (430 megawatts, Elmore County, 2030). It says it will be short of power starting in 2029 (case IPC-E-26-04, still open). Source

💵 Tax breaks

Sales tax break for data center servers and buildings (since 2020) · July 1, 2020
Since July 1, 2020, a data center company that promises to invest at least $250 million within five years of starting construction and create at least 30 new full-time jobs (paying at least the county's average wage) within two years of opening pays no sales tax on servers, chillers, generators, cabling and the building materials for the data center. If it misses those goals, it must pay back the tax. A 2026 bill to narrow this break (HB 897) died. Source

Property tax breaks for very big projects · Oct 8, 2026
Two state laws can cut property taxes for big projects, including data centers. (1) A company that invests at least $1 billion in one county within seven years pays no property tax on value above $400 million in that county (Idaho Code 63-4502). (2) A county commission may exempt part of a new plant's added value for up to five years, if the county has passed an ordinance for it (Idaho Code 63-602NN); the county must hold a public meeting first. HB 897 would have changed the first one for new data centers but died. Source

🤐 Secret deals and public records

How to get public records in Idaho · Oct 8, 2026
Under the Idaho Public Records Act, every person may see and copy public records. Send a written request to the office that keeps the record and say clearly it is a public records request. Describe the records and a date range. The agency may ask for your name, address, email, phone and whether you live in Idaho. Idaho residents get an answer within 3 working days (up to 10 working days if the agency tells you it needs more time). Non-residents get 21 days (up to 35). No answer in time counts as a 'no'. If you are denied, you can ask the district court to order release within 180 days. Source

What a city or the state can keep secret about a data center deal · Oct 8, 2026
Idaho's law lets agencies hold back trade secrets that a company gives them. It also lets local agencies and the Idaho Department of Commerce hold back records gathered to help a business locate, invest or expand in Idaho. That is why early data center plans and secret deals (NDAs) are often hidden. You can still ask; the agency must say which exemption it uses. Source

Power contracts for data centers go through a public case · Sept 23, 2026
Big power contracts (over 20 megawatts, and every new large load under HB 911) must be filed with the Public Utilities Commission. The case files are online. Anyone can send a comment or ask to join the case as a party. Source

💧 Water

Who approves water for a data center · Oct 8, 2026
The Idaho Department of Water Resources decides new water rights and changes to existing ones. Notice of each new application is published in a local newspaper and on the department's website. Anyone who objects must file a protest within 10 days after the last newspaper notice, so watch closely. Since July 1, 2026 (HB 895), new data centers may use water for evaporative cooling only from a city or water district system, so city water decisions matter more. Source

🌫️ Air and generators

Who approves diesel generators and gas plants · Oct 8, 2026
The Idaho Department of Environmental Quality (DEQ) issues air permits. A 'permit to construct' is needed before building anything that puts out air pollution, such as large backup diesel generators or an on-site gas plant. Major sources also need an operating permit. For many permits, DEQ holds a public comment period only if someone asks in writing by the deadline posted on its Public Comment Opportunities page. Power plants owned by Idaho Power also need approval from the Public Utilities Commission. Source

🙋 How to have your say

Who decides a data center near you · Oct 8, 2026
Idaho has no townships. Inside a city, the city council decides zoning, usually after the planning and zoning commission or a hearing examiner. Outside cities, the board of county commissioners decides, usually after the county planning and zoning commission. The Public Utilities Commission handles power contracts and rates, the Department of Water Resources handles water rights, and DEQ handles air permits. Source

Hearings, appeals and deadlines · Oct 8, 2026
Watch your city or county agenda: regular meetings need a 5-day notice and the agenda must be posted 48 hours before. If no hearing is planned on a permit or rezoning, you can ask for one in writing; if 20 affected people ask, a hearing must be held. After a final decision, an affected person must ask for reconsideration within 14 days, naming what is wrong. Then you have 28 days to ask a district court to review the decision. Source

How a pause (moratorium) works in Idaho · Oct 8, 2026
A city or county can pass an emergency pause on certain permits if it finds an 'imminent peril' to public health, safety or welfare and explains why in writing. It can skip the planning commission and use a short hearing notice. The pause lasts at most 182 days and cannot be repeated right away (it must wait at least one year). To keep the rules longer, the city or county must pass a regular or interim ordinance with full hearings. Kootenai, Bannock and Blaine counties used this for data centers. Source

How to comment at the Public Utilities Commission · Sept 23, 2026
Every case has a number, like IPC-E-26-07. Go to puc.idaho.gov, find the case, and use the Case Comment Form before the public comment deadline. You don't need a lawyer. To be a full party, you must file a petition to intervene, usually within 21 days of the notice. Open now: IPC-E-26-07 (cost of serving new large customers, comments due Dec. 14, 2026) and IPC-E-26-25 (Meta Kuna contract amendment). Source

Ask for the records · Oct 8, 2026
Ask your city or county clerk for data center applications, staff reports, development agreements and any secret deals (NDAs). Idaho residents should get an answer within 3 working days. See 'How to get public records in Idaho' above. Source

🧾 Help with your bills

LIHEAP: help with heating bills · Oct 8, 2026
Idaho's Low Income Home Energy Assistance Program (LIHEAP) is run by the Department of Health and Welfare through local Community Action Agencies. Households with a child under 6, or an older or disabled member, can apply starting in October; everyone else from November. Crisis help is first come, first served. The amount depends on income, where you live, household size and your heating costs. You must meet income limits. Source

📞 Who to contact

Idaho Public Utilities Commission (IPUC) · Oct 8, 2026
Sets rates for Idaho Power, Avista and Rocky Mountain Power, approves power contracts for big customers (HB 911), and takes public comments on every case. Source

Idaho Department of Water Resources (IDWR) · Oct 8, 2026
Approves new water rights and transfers; publishes new applications so people can protest. Source

Idaho Department of Environmental Quality (DEQ) · Oct 8, 2026
Issues air permits for backup generators and power plants; lists public comment periods. Source

Idaho Legislature · Oct 8, 2026
Writes state laws on data centers, power and water. Find your legislators and bill status here. Source

Idaho Department of Health and Welfare: heating assistance · Oct 8, 2026
Runs LIHEAP through local Community Action Agencies. Source