Indiana 2025 Regular Session

Indiana House Bill HB1601 Compare Versions

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1+*EH1601.1*
2+April 2, 2025
3+ENGROSSED
4+HOUSE BILL No. 1601
5+_____
6+DIGEST OF HB 1601 (Updated April 1, 2025 11:57 am - DI 120)
7+Citations Affected: IC 6-1.1; IC 6-2.5.
8+Synopsis: Quantum research tax incentives. Amends the state sales
9+and use tax exemption for data centers to include projects for
10+investments in a quantum computing research, advanced computing,
11+and defense infrastructure network that result in a minimum qualified
12+investment within five years of at least $50,000,000.
13+Effective: Upon passage.
14+Soliday, Pressel, Jackson C, Hall
15+(SENATE SPONSORS — HOLDMAN, KOCH, BUCHANAN)
16+January 21, 2025, read first time and referred to Committee on Ways and Means.
17+February 13, 2025, amended, reported — Do Pass.
18+February 17, 2025, read second time, ordered engrossed.
19+February 18, 2025, engrossed. Read third time, passed. Yeas 76, nays 18.
20+SENATE ACTION
21+March 3, 2025, read first time and referred to Committee on Tax and Fiscal Policy.
22+April 1, 2025, amended, reported favorably — Do Pass.
23+EH 1601—LS 7625/DI 129 April 2, 2025
124 First Regular Session of the 124th General Assembly (2025)
225 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
326 Constitution) is being amended, the text of the existing provision will appear in this style type,
427 additions will appear in this style type, and deletions will appear in this style type.
528 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
629 provision adopted), the text of the new provision will appear in this style type. Also, the
730 word NEW will appear in that style type in the introductory clause of each SECTION that adds
831 a new provision to the Indiana Code or the Indiana Constitution.
932 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1033 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1601
12-AN ACT to amend the Indiana Code concerning economic
13-development.
34+ENGROSSED
35+HOUSE BILL No. 1601
36+A BILL FOR AN ACT to amend the Indiana Code concerning
37+economic development.
1438 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 6-1.1-10-54 IS ADDED TO THE INDIANA CODE
16-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
17-UPON PASSAGE]: Sec. 54. (a) As used in this section, "designating
18-body" means the fiscal body of:
39+1 SECTION 1. IC 6-1.1-10-54 IS ADDED TO THE INDIANA CODE
40+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
41+3 UPON PASSAGE]: Sec. 54. (a) As used in this section, "designating
42+4 body" means the fiscal body of:
43+5 (1) a county that does not contain a consolidated city; or
44+6 (2) a municipality.
45+7 (b) As used in this section, "eligible business" means an entity
46+8 that meets the following requirements:
47+9 (1) The entity is engaged in a business that:
48+10 (A) operates; or
49+11 (B) leases qualified property for use in;
50+12 one (1) or more facilities.
51+13 (2) The entity's qualified property is located at a facility in
52+14 Indiana.
53+15 (3) The entity, the lessor of qualified property (if the entity is
54+16 a lessee), and all lessees of qualified property invest in the
55+17 aggregate at least one hundred million dollars ($100,000,000)
56+EH 1601—LS 7625/DI 129 2
57+1 in real and personal property at one (1) or more facilities in
58+2 Indiana after May 1, 2025.
59+3 (4) The average wage of employees who are located in the
60+4 county or municipality and engaged in the operation of the
61+5 facility is at least one hundred twenty-five percent (125%) of
62+6 the county average wage for the county in which the facility
63+7 operates.
64+8 (c) As used in this section, "facility" has the meaning set forth
65+9 in IC 6-2.5-15-5.
66+10 (d) As used in this section, "fiscal body" has the meaning set
67+11 forth in IC 36-1-2-6.
68+12 (e) As used in this section, "municipality" has the meaning set
69+13 forth in IC 36-1-2-11.
70+14 (f) As used in this section, "qualified property" means quantum
71+15 safe fiber network equipment purchased after May 1, 2025, and
72+16 any additions to or replacements to such property.
73+17 (g) As used in this section, "quantum safe fiber network
74+18 equipment" has the meaning set forth in IC 6-2.5-15-13.3.
75+19 (h) A designating body may enter into an agreement with an
76+20 eligible business to grant the eligible business a property tax
77+21 exemption. In the case of a county, the exemption applies only to
78+22 qualified property that is located in unincorporated territory of the
79+23 county. In the case of a municipality, the exemption applies only to
80+24 qualified property that is located in the municipality. The property
81+25 tax exemption applies to the qualified property only if the
82+26 designating body and the eligible business enter into an agreement
83+27 concerning the property tax exemption. The agreement must
84+28 specify the duration of the property tax exemption. The agreement
85+29 may specify that if the ownership of qualified property is
86+30 transferred by an eligible business, the transferee is entitled to the
87+31 property tax exemption on the same terms as the transferor. If a
88+32 designating body enters into an agreement with an eligible
89+33 business, the qualified property owned by the eligible business is
90+34 exempt from property taxation as provided in the resolution and
91+35 the agreement.
92+36 (i) If a designating body enters into an agreement under
93+37 subsection (h) to provide a property tax exemption, the property
94+38 tax exemption continues for the period specified in the agreement.
95+39 SECTION 2. IC 6-2.5-15-0.5 IS ADDED TO THE INDIANA
96+40 CODE AS A NEW SECTION TO READ AS FOLLOWS
97+41 [EFFECTIVE UPON PASSAGE]: Sec. 0.5. As used in this chapter,
98+42 "advanced computing" means a computational method or
99+EH 1601—LS 7625/DI 129 3
100+1 technology, including hardware, software, and quantum safe fiber
101+2 network equipment, that is designed, engineered, and installed to
102+3 solve large, complex problems or process large data sets, including
103+4 quantum computing, artificial intelligence, edge computing, and
104+5 computational sets that use entanglement nodes that are beyond
105+6 the capability of classical digital computational computing.
106+7 SECTION 3. IC 6-2.5-15-3, AS ADDED BY P.L.256-2019,
107+8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108+9 UPON PASSAGE]: Sec. 3. As used in this chapter, "eligible data
109+10 center costs" means expenditures made:
110+11 (1) after December 31, 2018, for the development, acquisition,
111+12 construction, and operation of a facility to be used as a qualified
112+13 data center, including costs of land, buildings, site improvements,
113+14 modular data centers, computer data center equipment acquisition
114+15 and permitting, lease payments, site characterization and
115+16 assessment, engineering, and design used directly and exclusively
116+17 in a qualified data center; or
117+18 (2) after May 1, 2025, for the development, acquisition,
118+19 construction, and operation of a facility to be used as part of
119+20 a quantum computing research, advanced computing, and
120+21 defense infrastructure network that is connected by quantum
121+22 safe fiber network equipment and used for quantum research
122+23 or advanced computing at, or related to, a qualified military
123+24 installation in Indiana or the I-Light network, including costs
124+25 of all quantum safe fiber network equipment, rights-of-way,
125+26 conduit, other required access, land, buildings, site
126+27 improvements, modular data centers, computer data center
127+28 equipment acquisition and permitting, lease payments, site
128+29 characterization and assessment, engineering, and design used
129+30 directly and exclusively as part of a quantum computing
130+31 research, advanced computing, and defense infrastructure
131+32 network.
132+33 SECTION 4. IC 6-2.5-15-5, AS ADDED BY P.L.256-2019,
133+34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
134+35 UPON PASSAGE]: Sec. 5. As used in this chapter, "facility" means
135+36 one (1) or more tracts of land in Indiana and:
136+37 (1) a structure or building contained on the land used
137+38 specifically for:
138+39 (A) quantum research or commercialization;
139+40 (B) quantum safe fiber network equipment;
140+41 (C) advanced computing;
141+42 (D) quantum research or advanced computing for the
142+EH 1601—LS 7625/DI 129 4
143+1 defense industry;
144+2 (E) the qualified equipment that is placed in the structure
145+3 or building; or
146+4 (F) one (1) or more quantum safe fiber networks;
147+5 including any structures and personal property contained on
148+6 the land that is required to operate a quantum safe fiber
149+7 network; and
150+8 (2) any structures and personal property contained on the land for
151+9 the operation of a data center;
152+10 in either a single location or multiple distributed locations.
153+11 SECTION 5. IC 6-2.5-15-5.7 IS ADDED TO THE INDIANA
154+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
155+13 [EFFECTIVE UPON PASSAGE]: Sec. 5.7. As used in this chapter,
156+14 "I-Light" has the meaning set forth in IC 8-1-32.7-3.
157+15 SECTION 6. IC 6-2.5-15-6.5 IS ADDED TO THE INDIANA
158+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
159+17 [EFFECTIVE UPON PASSAGE]: Sec. 6.5. As used in this chapter,
160+18 "interest in a quantum computing research, advanced computing,
161+19 and defense infrastructure network" means an entity that is the
162+20 owner of, the operator of, or a qualified colocation tenant in, any
163+21 element of a quantum safe fiber network or a quantum computing,
164+22 advanced computing, and defense infrastructure network.
165+23 (b) The term includes an interest in a portion of a quantum
166+24 computing research, advanced computing, and defense
167+25 infrastructure network.
168+26 SECTION 7. IC 6-2.5-15-7, AS ADDED BY P.L.256-2019,
169+27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170+28 UPON PASSAGE]: Sec. 7. As used in this chapter, "operator" means
171+29 an entity, other than an owner or a qualified colocation tenant,
172+30 operating a data center or a quantum computing research, advanced
173+31 computing, and defense infrastructure network pursuant to a lease
174+32 or other contract with the owner or a lessor. The term includes a
175+33 licensed property management company, a property lessor, or any other
176+34 individual or entity responsible for the control, oversight, or
177+35 maintenance of a facility. The term also includes an affiliate of an
178+36 operator.
179+37 SECTION 8. IC 6-2.5-15-9, AS ADDED BY P.L.256-2019,
180+38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
181+39 UPON PASSAGE]: Sec. 9. As used in this chapter, "qualified
182+40 colocation tenant" means an entity that contracts with the owner or
183+41 operator of a:
184+42 (1) qualified data center; or
185+EH 1601—LS 7625/DI 129 5
186+1 (2) quantum computing, advanced computing, and defense
187+2 infrastructure network;
188+3 that is certified under this chapter to use or occupy all or part of the
189+4 data center or quantum computing, advanced computing, and
190+5 defense infrastructure network for a period of two (2) or more years.
191+6 SECTION 9. IC 6-2.5-15-11, AS ADDED BY P.L.256-2019,
192+7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
193+8 UPON PASSAGE]: Sec. 11. As used in this chapter, "qualified data
194+9 center equipment" means data center equipment or quantum
195+10 computing research, advanced computing, and defense
196+11 infrastructure network equipment located at in a qualified data center
197+12 or a quantum computing research, advanced computing, and
198+13 defense infrastructure network.
199+14 SECTION 10. IC 6-2.5-15-13, AS ADDED BY P.L.256-2019,
200+15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
201+16 UPON PASSAGE]: Sec. 13. As used in this chapter, "qualified
202+17 investment" means, with respect to a:
203+18 (1) qualified data center, the aggregate nonduplicative eligible
204+19 data center costs expended by any entity with an interest in the
205+20 qualified data center; or
206+21 (2) quantum computing research, advanced computing, and
207+22 defense infrastructure network, the aggregate nonduplicative
208+23 eligible costs expended by any entity with an interest in the
209+24 quantum computing research, advanced computing, and
210+25 defense infrastructure network.
211+26 SECTION 11. IC 6-2.5-15-13.2 IS ADDED TO THE INDIANA
212+27 CODE AS A NEW SECTION TO READ AS FOLLOWS
213+28 [EFFECTIVE UPON PASSAGE]: Sec. 13.2. As used in this chapter,
214+29 "quantum safe fiber network" means a fiber network that includes
215+30 each of the following attributes:
216+31 (1) A deployed fiber infrastructure comprised of:
217+32 (A) standard single mode optical fibers (G.652.D) that are
218+33 compliant with the federal Trade Agreements Act of 1979
219+34 (Public Law 96-39, 93 Stat. 144, as amended);
220+35 (B) flexgrid reconfigurable photonic layer; and
221+36 (C) only coherent optical transponders with FIPS 140-3
222+37 certified L1 encryption (OTNsec) with support for external
223+38 key from quantum key distribution servers that are
224+39 compliant with the federal Trade Agreements Act of 1979
225+40 (Public Law 96-39, 93 Stat. 144, as amended);
226+41 on electronics and glass.
227+42 (2) A fiber infrastructure that is connected to:
228+EH 1601—LS 7625/DI 129 6
229+1 (A) a military installation of the United States of America;
230+2 (B) the Indiana National Guard;
231+3 (C) another military outlet or I-Light; or
232+4 (D) an institution of higher learning conducting quantum
233+5 computing research or advanced computing research.
234+6 (3) A network engineered with physical intermediate access
235+7 points (nodes) not more than sixty (60) miles apart.
236+8 (4) A network with physical intermediate access points
237+9 (nodes) equipped with physical access control and remote
238+10 monitoring.
239+11 (5) A network with quantum key distribution (QKD) servers
240+12 deployed on every fiber span.
241+13 (6) A network that is not used for residential broadband and
242+14 limited in use to less fifteen percent (15%) for commercial
243+15 broadband (ISP) applications.
244+16 (7) A network that complies with the federal Trade
245+17 Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144) as
246+18 amended.
247+19 SECTION 12. IC 6-2.5-15-13.3 IS ADDED TO THE INDIANA
248+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
249+21 [EFFECTIVE UPON PASSAGE]: Sec. 13.3. (a) As used in this
250+22 chapter, "quantum safe fiber network equipment" means optical
251+23 gear, transmission equipment, fiber, computer equipment,
252+24 software, or any other equipment or software of any type
253+25 purchased or leased for the processing, storage, retrieval,
254+26 communication, or transmission of data over a quantum safe fiber
255+27 network that:
256+28 (1) is preapproved by the corporation;
257+29 (2) adheres to all compliance standards of the federal Trade
258+30 Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144, as
259+31 amended) throughout the entire network, including all access
260+32 physical intermediate access points (nodes);
261+33 (3) has a manufacturing origin point in North America;
262+34 (4) uses only coherent optics with FIPS 140-3 certified
263+35 encryption technology; and
264+36 (5) supports quantum safe algorithms that are compliant with
265+37 National Institute of Standards and Technology of the United
266+38 States Department of Commerce requirements, including
267+39 post-quantum cryptography and other post quantum resistant
268+40 cryptography implementations.
269+41 (b) The term includes the following:
270+42 (1) Installed quantum-safe optical gear and federal Trade
271+EH 1601—LS 7625/DI 129 7
272+1 Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144, as
273+2 amended) compliant American-made fiber optic cable.
274+3 (2) Servers, routers, connections, monitoring and security
275+4 systems, and other enabling machinery, equipment, and
276+5 hardware, regardless of whether the property is affixed to or
277+6 incorporated into real property.
278+7 (3) Equipment used in the operation of computer equipment
279+8 or software or for the benefit of a quantum computing
280+9 research, advanced computing, and defense infrastructure
281+10 network, including component parts, installations,
282+11 refreshments, replacements, and upgrades, regardless of
283+12 whether the property is affixed to or incorporated into real
284+13 property.
285+14 (4) All equipment necessary for the transformation,
286+15 generation, distribution, or management of electricity that is
287+16 required to operate advanced computer or quantum
288+17 computer server equipment, including substations,
289+18 generators, uninterruptible energy equipment, supplies,
290+19 conduit, fuel piping and storage, cabling, duct banks, switches,
291+20 switchboards, batteries, testing equipment, and backup
292+21 generators.
293+22 (5) All equipment necessary to cool and maintain a controlled
294+23 environment for the operation of the computer servers and
295+24 other components of a quantum fiber network, including
296+25 chillers, mechanical equipment, refrigerant piping, fuel piping
297+26 and storage, adiabatic and free cooling systems, cooling
298+27 towers, water softeners, air handling units, indoor direct
299+28 exchange units, fans, ducting, and filters.
300+29 (6) All water conservation systems, including facilities or
301+30 mechanisms that are designed to collect, conserve, and reuse
302+31 water required for the infrastructure of a quantum fiber
303+32 network.
304+33 (7) All computer server equipment, chassis, networking
305+34 equipment, switches, racks, fiber optic and copper cabling,
306+35 trays, and conduit required for a quantum fiber network.
307+36 (8) All conduit, ducting, and fiber optic and copper cabling
308+37 required for a quantum fiber network.
309+38 (9) All monitoring equipment and security systems.
310+39 (10) All software required for the operation, development,
311+40 and maintenance of a quantum fiber network.
312+41 (11) All intangible rights to use conduit or existing fibers
313+42 directly related to a quantum fiber network.
314+EH 1601—LS 7625/DI 129 8
315+1 (12) All tangible and intangible personal property that is
316+2 required for operation of each intermediate access point
317+3 (node) connected to a quantum fiber network, excluding
318+4 property used in the administration of the facility.
319+5 (13) Other tangible and intangible personal property that is
320+6 essential to the operations of a quantum fiber network,
321+7 excluding property used in the administration of the facility.
322+8 (14) All electricity used by qualified quantum fiber network
323+9 equipment, excluding electricity used in the administration of
324+10 the facility.
325+11 SECTION 13. IC 6-2.5-15-13.4 IS ADDED TO THE INDIANA
326+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
327+13 [EFFECTIVE UPON PASSAGE]: Sec. 13.4. As used in this chapter,
328+14 "quantum computing research, advanced computing, and defense
329+15 infrastructure network" means the quantum safe fiber network
330+16 between two (2) or more facilities using qualified equipment to
331+17 create and connect qualified facilities to a quantum safe fiber
332+18 network that create a minimum qualified investment of at least
333+19 fifty million dollars ($50,000,000) on or before the fifth anniversary
334+20 of the issuance of the specific transaction award certificate by the
335+21 corporation. The term includes the land, buildings, site
336+22 improvements, permitting, lease payments, site characterization
337+23 and assessment, engineering and design, quantum safe fiber
338+24 network equipment, rights-of-way, and any other required access,
339+25 used directly to be a part of:
340+26 (1) a qualified advanced computing or a qualified quantum
341+27 computing research initiative within Indiana;
342+28 (2) the deployment or expansion of advanced computing,
343+29 within Indiana;
344+30 (3) the expansion of the defense industry within Indiana; or
345+31 (4) the quantum computing research, advanced computing
346+32 and defense infrastructure network connected to and used
347+33 for:
348+34 (A) quantum research (including computing,
349+35 communication, and networking);
350+36 (B) advanced computing; or
351+37 (C) defense infrastructure network;
352+38 at or related to the federal or state of Indiana military
353+39 installations, research universities, I-Light, or any other
354+40 Department of Defense or Indiana National Guard
355+41 installation within Indiana.
356+42 SECTION 14. IC 6-2.5-15-14, AS ADDED BY P.L.256-2019,
357+EH 1601—LS 7625/DI 129 9
358+1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
359+2 UPON PASSAGE]: Sec. 14. (a) A qualified data center user or a
360+3 quantum computing research, advanced computing, and defense
361+4 infrastructure network operator that holds an interest in a qualified
362+5 data center or an interest in a quantum computing research,
363+6 advanced computing, and defense infrastructure network may
364+7 apply to the corporation for a specific transaction award certificate to
365+8 make purchases, other than the purchase of utilities described in
366+9 IC 6-2.5-4-5, that are exempt under this chapter. The request must be
367+10 on a form prescribed by the corporation.
368+11 (b) The corporation has exclusive authority over issues related to
369+12 issuing a specific transaction award certificate.
370+13 (c) If the corporation issues a specific transaction award certificate
371+14 under this chapter, the certificate must state that the facility is a
372+15 qualified data center or a quantum computing research, advanced
373+16 computing, and defense infrastructure network, as applicable.
374+17 (d) A specific transaction award certificate issued by the corporation
375+18 shall expire not later than:
376+19 (A) (1) twenty-five (25) years after the date of issuance; or
377+20 (B) (2) in the case of a qualified data center user, fifty (50)
378+21 years after the date of issuance if the qualified investment is seven
379+22 hundred fifty million dollars ($750,000,000) or greater; or
380+23 (3) in the case of a quantum computing research, advanced
381+24 computing, and defense infrastructure network operator, fifty
382+25 (50) years after the date of issuance if the qualified investment
383+26 is fifty million dollars ($50,000,000) or greater within three (3)
384+27 years of the issuance of the transaction award certificate.
385+28 SECTION 15. IC 6-2.5-15-15, AS ADDED BY P.L.256-2019,
386+29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
387+30 UPON PASSAGE]: Sec. 15. The following apply if the corporation
388+31 approves an application for a specific transaction award certificate:
389+32 (1) The corporation shall require the qualified data center user or
390+33 quantum computing research, advanced computing, and
391+34 defense infrastructure network operator, as applicable, to
392+35 enter into an agreement with the corporation as a condition of
393+36 receiving a specific transaction award certificate under this
394+37 chapter.
395+38 (2) The agreement with the corporation must include:
396+39 (A) a detailed description of the project that is the subject of
397+40 the agreement that includes documentation of compliance
398+41 with the requirement that the investment be specific to
399+42 infrastructure for the Indiana defense industry or
400+EH 1601—LS 7625/DI 129 10
401+1 quantum computing research or advanced computing;
402+2 (B) the duration of the specific transaction award certificate
403+3 and the first taxable year for which the award provided by this
404+4 chapter may be used; and
405+5 (C) a requirement that the qualified data center user or
406+6 quantum computing research, advanced computing, and
407+7 defense infrastructure network operator, as applicable,
408+8 annually report to the corporation on the amount of taxes that
409+9 were not paid by the qualified data center user or quantum
410+10 computing research, advanced computing, and defense
411+11 infrastructure network operator in connection with the
412+12 purchase of data center equipment or quantum computing
413+13 research, advanced computing, and defense infrastructure
414+14 network equipment, as applicable.
415+15 SECTION 16. IC 6-2.5-15-16, AS ADDED BY P.L.256-2019,
416+16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
417+17 UPON PASSAGE]: Sec. 16. The sale of qualified data center or
418+18 quantum computing research, advanced computing, and defense
419+19 infrastructure network equipment is exempt from the state gross
420+20 retail tax if the qualified data center equipment or quantum
421+21 computing research, advanced computing, and defense
422+22 infrastructure network equipment, as applicable:
423+23 (1) is sold to a qualified data center user or a quantum
424+24 computing research, advanced computing, and defense
425+25 infrastructure network approved by the corporation under this
426+26 chapter; and
427+27 (2) will be located in a qualified data center, or is a part of a
428+28 quantum safe fiber network or is a part of a quantum
429+29 computing research, advanced computing, and defense
430+30 infrastructure network.
431+31 SECTION 17. IC 6-2.5-15-17, AS ADDED BY P.L.256-2019,
432+32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433+33 UPON PASSAGE]: Sec. 17. A qualified data center user or a
434+34 quantum computing research, advanced computing, and defense
435+35 infrastructure network operator is not entitled to the exemption
436+36 provided by section 16 of this chapter unless the qualified data center
437+37 user or the quantum computing research, advanced computing, and
438+38 defense infrastructure network operator provides the seller with an
439+39 exemption certificate on a form prescribed by the department and a
440+40 copy of the specific transaction award certificate issued by the
441+41 corporation. In the case of utilities described in IC 6-2.5-4-5, the
442+42 qualified data center user may issue an exemption certificate on a form
443+EH 1601—LS 7625/DI 129 11
444+1 prescribed by the department and a copy of the specific transaction
445+2 award certificate issued by the corporation to cover all utility purchases
446+3 from that seller. However, for the corporation to issue a specific
447+4 transaction award certificate for utilities described in IC 6-2.5-4-5, the
448+5 qualified data center user must agree to report and remit use tax under
449+6 this article to the department on the part of the utility purchases used
450+7 for administration of the facility.
451+8 SECTION 18. IC 6-2.5-15-18, AS ADDED BY P.L.256-2019,
452+9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
453+10 UPON PASSAGE]: Sec. 18. (a) This section does not apply to a
454+11 qualified data center user that is a qualified colocation tenant.
455+12 (b) (a) If the corporation determines that a qualified data center user
456+13 or a quantum computing research, advanced computing, and
457+14 defense infrastructure network operator that did not pay taxes as a
458+15 result of the award provided under this chapter, and is not entitled to
459+16 the award because of the qualified data center user's noncompliance
460+17 with the requirements of the sales tax award certificate agreement or
461+18 this chapter, the corporation shall, after giving the qualified data center
462+19 user or the operator an opportunity to explain the noncompliance:
463+20 (1) notify the department of the noncompliance; and
464+21 (2) request the department to impose an assessment on the
465+22 qualified data center user or the quantum computing research,
466+23 advanced computing, and defense infrastructure network
467+24 operator in an amount that may not exceed the sum of the taxes
468+25 not paid as a result of the exemption provided under this chapter
469+26 together with interest and penalties required or permitted by law.
470+27 (c) (b) Notwithstanding the provisions of IC 6-8.1-5-2, an
471+28 assessment under subsection (b) (a) is considered timely if the
472+29 department issues a proposed assessment:
473+30 (1) not later than one hundred eighty (180) days from the date the
474+31 department is notified of the noncompliance; or
475+32 (2) the date on which a proposed assessment could otherwise be
476+33 issued in a timely manner under IC 6-8.1-5-2;
477+34 whichever is later.
478+35 SECTION 19. IC 6-2.5-15-19, AS ADDED BY P.L.256-2019,
479+36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
480+37 UPON PASSAGE]: Sec. 19. Except as provided in section 18 of this
481+38 chapter, if the corporation approves a qualified data center user's or a
482+39 quantum computing research, advanced computing, and defense
483+40 infrastructure network operator's application to receive a specific
484+41 transaction award certificate and enters into an agreement with the
485+42 qualified data center user or the quantum computing research,
486+EH 1601—LS 7625/DI 129 12
487+1 advanced computing, and defense infrastructure network operator
488+2 for a specific transaction award certificate, the corporation's
489+3 certification of the qualified data center or the quantum computing
490+4 research, advanced computing, and defense infrastructure network
491+5 remains in effect, even if there is a future transfer, sale, or disposition,
492+6 directly or indirectly, of the qualified data center or the quantum
493+7 computing research, advanced computing, and defense
494+8 infrastructure network. A subsequent owner shall enter into an
495+9 agreement with the corporation before the subsequent owner is entitled
496+10 to receive a specific transaction award certificate for the remainder of
497+11 the eligibility period.
498+12 SECTION 20. IC 6-2.5-15-20, AS ADDED BY P.L.256-2019,
499+13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
500+14 UPON PASSAGE]: Sec. 20. Beginning in 2030, and every ten (10)
501+15 years thereafter, the corporation shall submit to the legislative council
502+16 in an electronic format under IC 5-14-6 an economic and fiscal impact
503+17 study evaluating the statewide impact of data center investments and
504+18 quantum computing research, advanced computing, and defense
505+19 infrastructure network investments in Indiana.
506+20 SECTION 21. An emergency is declared for this act.
507+EH 1601—LS 7625/DI 129 13
508+COMMITTEE REPORT
509+Mr. Speaker: Your Committee on Ways and Means, to which was
510+referred House Bill 1601, has had the same under consideration and
511+begs leave to report the same back to the House with the
512+recommendation that said bill be amended as follows:
513+Page 1, delete lines 1 through 17.
514+Delete pages 2 through 3.
515+Page 4, delete lines 1 through 17, begin a new paragraph and insert:
516+"SECTION 1. IC 6-1.1-10-54 IS ADDED TO THE INDIANA
517+CODE AS A NEW SECTION TO READ AS FOLLOWS
518+[EFFECTIVE JANUARY 1, 2026]: Sec. 54. (a) As used in this
519+section, "designating body" means the fiscal body of:
19520 (1) a county that does not contain a consolidated city; or
20521 (2) a municipality.
21522 (b) As used in this section, "eligible business" means an entity
22523 that meets the following requirements:
23524 (1) The entity is engaged in a business that:
24525 (A) operates; or
25526 (B) leases qualified property for use in;
26527 one (1) or more facilities.
27528 (2) The entity's qualified property is located at a facility in
28529 Indiana.
29530 (3) The entity, the lessor of qualified property (if the entity is
30531 a lessee), and all lessees of qualified property invest in the
31532 aggregate at least one hundred million dollars ($100,000,000)
32533 in real and personal property at one (1) or more facilities in
33-Indiana after May 1, 2025.
534+Indiana after June 30, 2022.
34535 (4) The average wage of employees who are located in the
35536 county or municipality and engaged in the operation of the
36-HEA 1601 — Concur 2
37537 facility is at least one hundred twenty-five percent (125%) of
38538 the county average wage for the county in which the facility
39539 operates.
40540 (c) As used in this section, "facility" has the meaning set forth
41541 in IC 6-2.5-15-5.
42542 (d) As used in this section, "fiscal body" has the meaning set
43543 forth in IC 36-1-2-6.
44544 (e) As used in this section, "municipality" has the meaning set
45545 forth in IC 36-1-2-11.
46546 (f) As used in this section, "qualified property" means quantum
47-safe fiber network equipment purchased after May 1, 2025, and
48-any additions to or replacements to such property.
547+safe fiber network equipment purchased after December 31, 2022,
548+and any additions to or replacements to such property.
49549 (g) As used in this section, "quantum safe fiber network
550+EH 1601—LS 7625/DI 129 14
50551 equipment" has the meaning set forth in IC 6-2.5-15-13.3.
51552 (h) A designating body may enter into an agreement with an
52553 eligible business to grant the eligible business a property tax
53554 exemption. In the case of a county, the exemption applies only to
54555 qualified property that is located in unincorporated territory of the
55556 county. In the case of a municipality, the exemption applies only to
56557 qualified property that is located in the municipality. The property
57558 tax exemption applies to the qualified property only if the
58559 designating body and the eligible business enter into an agreement
59560 concerning the property tax exemption. The agreement must
60561 specify the duration of the property tax exemption. The agreement
61562 may specify that if the ownership of qualified property is
62563 transferred by an eligible business, the transferee is entitled to the
63564 property tax exemption on the same terms as the transferor. If a
64565 designating body enters into an agreement with an eligible
65566 business, the qualified property owned by the eligible business is
66567 exempt from property taxation as provided in the resolution and
67568 the agreement.
68569 (i) If a designating body enters into an agreement under
69570 subsection (h) to provide a property tax exemption, the property
70571 tax exemption continues for the period specified in the agreement.
71572 SECTION 2. IC 6-2.5-15-0.5 IS ADDED TO THE INDIANA
72573 CODE AS A NEW SECTION TO READ AS FOLLOWS
73-[EFFECTIVE UPON PASSAGE]: Sec. 0.5. As used in this chapter,
574+[EFFECTIVE JULY 1, 2025]: Sec. 0.5. As used in this chapter,
74575 "advanced computing" means a computational method or
75576 technology, including hardware, software, and quantum safe fiber
76577 network equipment, that is designed, engineered, and installed to
77578 solve large, complex problems or process large data sets, including
78579 quantum computing, artificial intelligence, edge computing, and
79-HEA 1601 — Concur 3
80580 computational sets that use entanglement nodes that are beyond
81581 the capability of classical digital computational computing.
82582 SECTION 3. IC 6-2.5-15-3, AS ADDED BY P.L.256-2019,
583+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584+JULY 1, 2025]: Sec. 3. As used in this chapter, "eligible data center
585+costs" means expenditures made after December 31, 2018, 2024, for
586+the development, acquisition, construction, and operation of a facility
587+to be used:
588+(1) as a qualified data center; or
589+(2) as part of a quantum computing research, advanced
590+computing, and defense infrastructure network that is
591+connected by quantum safe fiber network equipment and used
592+for quantum research or advanced computing at, or related
593+EH 1601—LS 7625/DI 129 15
594+to, a qualified military installation in Indiana or the I-Light
595+network;
596+including costs of all quantum safe fiber network equipment,
597+rights-of-way, conduit, other required access, land, buildings, site
598+improvements, modular data centers, computer data center equipment
599+acquisition and permitting, lease payments, site characterization and
600+assessment, engineering, and design used directly and exclusively in a
601+qualified data center or as part of a quantum computing research,
602+advanced computing, and defense infrastructure network
603+described in subdivision (2).
604+SECTION 4. IC 6-2.5-15-5, AS ADDED BY P.L.256-2019,
605+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
606+JULY 1, 2025]: Sec. 5. As used in this chapter, "facility" means one (1)
607+or more tracts of land in Indiana and:
608+(1) a structure or building contained on the land used
609+specifically for:
610+(1) quantum research or commercialization;
611+(2) quantum safe fiber network equipment;
612+(3) advanced computing;
613+(4) quantum research or advanced computing for the
614+defense industry;
615+(5) the qualified equipment that is placed in the structure
616+or building; or
617+(6) one (1) or more quantum safe fiber networks;
618+including any structures and personal property contained on
619+the land that is required to operate a quantum safe fiber
620+network; and
621+(2) any structures and personal property contained on the land for
622+the operation of a data center;
623+ in either a single location or multiple distributed locations.".
624+Page 4, delete lines 22 through 33, begin a new paragraph and
625+insert:
626+"SECTION 6. IC 6-2.5-15-6.5 IS ADDED TO THE INDIANA
627+CODE AS A NEW SECTION TO READ AS FOLLOWS
628+[EFFECTIVE JULY 1, 2025]: Sec. 6.5. As used in this chapter,
629+"interest in a quantum computing research, advanced computing,
630+and defense infrastructure network" means an entity that is the
631+owner of, the operator of, or a qualified colocation tenant in, any
632+element of a quantum safe fiber network or a quantum computing,
633+advanced computing, and defense infrastructure network.
634+(b) The term includes an interest in a portion of a quantum
635+computing research, advanced computing, and defense
636+EH 1601—LS 7625/DI 129 16
637+infrastructure network.".
638+Page 4, line 37, after "owner" delete ",".
639+Page 4, line 37, reset in roman "or a qualified colocation tenant,".
640+Page 4, line 38, reset in roman "data center".
641+Page 4, line 38, after "data center" insert "or a".
642+Page 5, delete lines 3 through 28, begin a new paragraph and insert:
643+"SECTION 8. IC 6-2.5-15-9, AS ADDED BY P.L.256-2019,
644+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
645+JULY 1, 2025]: Sec. 9. As used in this chapter, "qualified colocation
646+tenant" means an entity that contracts with the owner or operator of a:
647+(1) qualified data center; or
648+(2) quantum computing, advanced computing, and defense
649+infrastructure network;
650+that is certified under this chapter to use or occupy all or part of the
651+data center or quantum computing, advanced computing, and
652+defense infrastructure network for a period of two (2) or more
653+years.".
654+Page 5, line 32, reset in roman "data center".
655+Page 5, line 32, after "data center" insert "equipment or".
656+Page 5, line 34, reset in roman "data center.".
657+Page 5, line 34, after "center" delete "." and insert "or a".
658+Page 5, delete lines 37 through 39.
659+Page 6, line 1, reset in roman "qualified data center,".
660+Page 6, line 1, after "center" delete "," and insert "or a".
661+Page 6, line 3, reset in roman "data center".
662+Page 6, line 3, after "center" insert "costs or the eligible".
663+Page 6, line 5, after "costs" insert ", as applicable,".
664+Page 6, line 6, reset in roman "the qualified data center.".
665+Page 6, line 6, after "center." delete "." and insert "or".
666+Page 6, line 11, delete "capable" and insert "safe".
667+Page 6, line 13, delete "standard single mode" and insert ":
668+(A) standard single mode optical fibers (G.652.D) with
669+wavelengths that are between one thousand three hundred
670+ten (1,310) nanometers and one thousand five hundred fifty
671+(1,550) nanometers;
672+(B) quantum safe coherent routing reconfigurable line
673+system flexgrid optics; and
674+(C) wave servers that are compliant with the federal Trade
675+Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144, as
676+amended);
677+on electronics and glass that are deployed after December 31,
678+2021, with minimal splicing, that will achieve a signal loss of
679+EH 1601—LS 7625/DI 129 17
680+not more than fifteen (15) decibels. Each fiber splice may
681+account for not more than two-tenths (0.2) decibels per
682+kilometer at a wavelength of one thousand five hundred fifty
683+(1,550) nanometers.".
684+Page 6, delete lines 14 through 15.
685+Page 6, line 23, after "points" insert "(nodes)".
686+Page 6, line 24, after "with" delete "a".
687+Page 6, line 24, delete "point" and insert "points (nodes)".
688+Page 6, line 38, after "13.3." insert "(a)".
689+Page 6, line 39, delete "capable" and insert "safe".
690+Page 6, line 40, after "transmission equipment" insert ", fiber,".
691+Page 7, line 1, delete "capable" and insert "safe".
692+Page 7, line 1, delete "that is preapproved" and insert "that:
693+(1) is preapproved by the corporation;
694+(2) adheres to all compliance standards of the federal Trade
695+Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144, as
696+amended) throughout the entire network, including all access
697+physical intermediate access points (nodes);
698+(3) has a manufacturing origin point in North America;
699+(4) uses coherent optics or technology from D-Wave Quantum
700+Systems, Inc., or its successor entity, and reconfigurable line
701+system technology; and
702+(5) supports quantum safe algorithms that are compliant with
703+National Institute of Standards and Technology of the United
704+States Department of Commerce requirements, including
705+post-quantum cryptography and other post quantum resistant
706+cryptography implementations.".
707+Page 7, line 2, delete "by the corporation. The term includes the
708+following:", begin a new paragraph and insert:
709+"(b) The term includes the following:".
710+Page 7, line 3, delete "Quantum-enabled" and insert
711+"Quantum-safe".
712+Page 7, line 5, delete "cable." and insert "cable, installed after
713+December 31, 2021.".
714+Page 8, line 5, after "point" insert "(node)".
715+Page 8, line 18, delete "capable" and insert "safe".
716+Page 8, line 19, delete "quantum capable".
717+Page 8, line 20, after "equipment to" insert "create and".
718+Page 8, line 20, delete "capable" and insert "safe".
719+Page 8, line 27, delete "capable" and insert "safe".
720+Page 8, line 37, delete "research;" and insert "research (including
721+computing, communication, and networking);".
722+EH 1601—LS 7625/DI 129 18
723+Page 8, line 39, delete "infrastructure;" and insert "infrastructure
724+network;".
725+Page 9, line 4, reset in roman "data center user".
726+Page 9, line 4, after "user" insert "or a".
727+Page 9, line 6, reset in roman "qualified".
728+Page 9, line 7, reset in roman "data center".
729+Page 9, line 7, delete "portion of" and insert "or an interest in".
730+Page 9, line 10, after "purchases" insert ",".
731+Page 9, line 10, reset in roman "other than the purchase of utilities
732+described in IC 6-2.5-4-5,".
733+Page 9, line 17, reset in roman "data center.".
734+Page 9, line 17, after "center" delete "." and insert "or a".
735+Page 9, line 18, delete "network." and insert "network, as
736+applicable.".
737+Page 9, line 20, after "than" insert ":".
738+Page 9, line 21, reset in roman "(A) twenty-five (25) years after the
739+date of issuance; or".
740+Page 9, line 22, reset in roman "(B)".
741+Page 9, line 30, reset in roman "data center user".
742+Page 9, line 30, after "user" insert "or".
743+Page 9, line 32, after "operator" insert ", as applicable,".
744+Page 10, line 2, reset in roman "data center user".
745+Page 10, line 2, after "user" insert "or".
746+Page 10, line 4, after "operator" insert ", as applicable,".
747+Page 10, line 6, reset in roman "qualified data center user".
748+Page 10, line 6, after "user" insert "or".
749+Page 10, line 8, reset in roman "data center".
750+Page 10, line 8, after "center" insert "equipment or".
751+Page 10, line 10, after "equipment" delete "." and insert ", as
752+applicable.".
753+Page 10, line 13, reset in roman "qualified data center".
754+Page 10, line 13, after "center" insert "or".
755+Page 10, line 16, reset in roman "qualified data center".
756+Page 10, line 16, after "center" insert "equipment or".
757+Page 10, line 18, after "equipment" delete ":" and insert ", as
758+applicable:".
759+Page 10, line 19, reset in roman "qualified data center user".
760+Page 10, line 19, after "user" insert "or a".
761+Page 10, line 22, reset in roman "will be located in a qualified data".
762+Page 10, line 22, after "data" delete "center." and insert "center, or
763+is a part of a quantum safe fiber network or".
764+Page 10, line 27, reset in roman "qualified data center user".
765+EH 1601—LS 7625/DI 129 19
766+Page 10, line 27, after "user" insert "or a".
767+Page 10, line 30, reset in roman "qualified data center".
768+Page 10, line 31, reset in roman "user".
769+Page 10, line 31, after "user" insert "or the".
770+Page 10, line 35, reset in roman "In the case of utilities described in
771+IC 6-2.5-4-5, the".
772+Page 10, reset in roman lines 36 through 42.
773+Page 11, reset in roman line 1.
774+Page 11, line 6, reset in roman "qualified data center user".
775+Page 11, line 6, after "user" insert "or a".
776+Page 11, line 9, after "chapter," insert "and".
777+Page 11, line 9, reset in roman "is not entitled to the award".
778+Page 11, reset in roman lines 10 through 11.
779+Page 11, line 12, reset in roman "chapter,".
780+Page 11, line 12, reset in roman "qualified data center user".
781+Page 11, line 12, after "user" insert "or the".
782+Page 11, line 16, reset in roman "qualified data center user".
783+Page 11, line 16, after "user" insert "or the".
784+Page 11, line 32, reset in roman "qualified data center user's".
785+Page 11, line 32, after "user's" insert "or a".
786+Page 11, line 36, reset in roman "qualified data center user".
787+Page 11, line 36, after "user" insert "or the".
788+Page 11, line 39, reset in roman "qualified data center".
789+Page 11, line 39, after "center" insert "or the".
790+Page 11, line 42, reset in roman "qualified data center".
791+Page 11, line 42, after "center" delete "." and insert "or the".
792+ Page 12, line 10, reset in roman "data center".
793+Page 12, line 10, after "center" insert "investments and".
794+Renumber all SECTIONS consecutively.
795+and when so amended that said bill do pass.
796+(Reference is to HB 1601 as introduced.)
797+THOMPSON
798+Committee Vote: yeas 20, nays 3.
799+EH 1601—LS 7625/DI 129 20
800+COMMITTEE REPORT
801+Mr. President: The Senate Committee on Tax and Fiscal Policy, to
802+which was referred House Bill No. 1601, has had the same under
803+consideration and begs leave to report the same back to the Senate with
804+the recommendation that said bill be AMENDED as follows:
805+Replace the effective dates in SECTIONS 1 through 20 with
806+"[EFFECTIVE UPON PASSAGE]".
807+Page 2, line 2, delete "June 30, 2022." and insert "May 1, 2025.".
808+Page 2, line 15, delete "December 31, 2022," and insert "May 1,
809+2025,".
810+Page 3, delete lines 7 through 27, begin a new paragraph and insert:
811+"SECTION 3. IC 6-2.5-15-3, AS ADDED BY P.L.256-2019,
83812 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
84813 UPON PASSAGE]: Sec. 3. As used in this chapter, "eligible data
85814 center costs" means expenditures made:
86815 (1) after December 31, 2018, for the development, acquisition,
87816 construction, and operation of a facility to be used as a qualified
88817 data center, including costs of land, buildings, site improvements,
89818 modular data centers, computer data center equipment acquisition
90819 and permitting, lease payments, site characterization and
91820 assessment, engineering, and design used directly and exclusively
92821 in a qualified data center; or
93822 (2) after May 1, 2025, for the development, acquisition,
94823 construction, and operation of a facility to be used as part of
95824 a quantum computing research, advanced computing, and
96825 defense infrastructure network that is connected by quantum
97826 safe fiber network equipment and used for quantum research
98827 or advanced computing at, or related to, a qualified military
99828 installation in Indiana or the I-Light network, including costs
100829 of all quantum safe fiber network equipment, rights-of-way,
101830 conduit, other required access, land, buildings, site
102831 improvements, modular data centers, computer data center
103832 equipment acquisition and permitting, lease payments, site
104833 characterization and assessment, engineering, and design used
105834 directly and exclusively as part of a quantum computing
106835 research, advanced computing, and defense infrastructure
107-network.
108-SECTION 4. IC 6-2.5-15-5, AS ADDED BY P.L.256-2019,
109-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110-UPON PASSAGE]: Sec. 5. As used in this chapter, "facility" means
111-one (1) or more tracts of land in Indiana and:
112-(1) a structure or building contained on the land used
113-specifically for:
114-(A) quantum research or commercialization;
115-(B) quantum safe fiber network equipment;
116-(C) advanced computing;
117-(D) quantum research or advanced computing for the
118-defense industry;
119-(E) the qualified equipment that is placed in the structure
120-or building; or
121-(F) one (1) or more quantum safe fiber networks;
122-HEA 1601 — Concur 4
123-including any structures and personal property contained on
124-the land that is required to operate a quantum safe fiber
125-network; and
126-(2) any structures and personal property contained on the land for
127-the operation of a data center;
128- in either a single location or multiple distributed locations.
129-SECTION 5. IC 6-2.5-15-5.7 IS ADDED TO THE INDIANA
130-CODE AS A NEW SECTION TO READ AS FOLLOWS
131-[EFFECTIVE UPON PASSAGE]: Sec. 5.7. As used in this chapter,
132-"I-Light" has the meaning set forth in IC 8-1-32.7-3.
133-SECTION 6. IC 6-2.5-15-6.5 IS ADDED TO THE INDIANA
134-CODE AS A NEW SECTION TO READ AS FOLLOWS
135-[EFFECTIVE UPON PASSAGE]: Sec. 6.5. As used in this chapter,
136-"interest in a quantum computing research, advanced computing,
137-and defense infrastructure network" means an entity that is the
138-owner of, the operator of, or a qualified colocation tenant in, any
139-element of a quantum safe fiber network or a quantum computing,
140-advanced computing, and defense infrastructure network.
141-(b) The term includes an interest in a portion of a quantum
142-computing research, advanced computing, and defense
143-infrastructure network.
144-SECTION 7. IC 6-2.5-15-7, AS ADDED BY P.L.256-2019,
145-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146-UPON PASSAGE]: Sec. 7. As used in this chapter, "operator" means
147-an entity, other than an owner or a qualified colocation tenant,
148-operating a data center or a quantum computing research, advanced
149-computing, and defense infrastructure network pursuant to a lease
150-or other contract with the owner or a lessor. The term includes a
151-licensed property management company, a property lessor, or any other
152-individual or entity responsible for the control, oversight, or
153-maintenance of a facility. The term also includes an affiliate of an
154-operator.
155-SECTION 8. IC 6-2.5-15-9, AS ADDED BY P.L.256-2019,
156-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157-UPON PASSAGE]: Sec. 9. As used in this chapter, "qualified
158-colocation tenant" means an entity that contracts with the owner or
159-operator of a:
160-(1) qualified data center; or
161-(2) quantum computing, advanced computing, and defense
162-infrastructure network;
163-that is certified under this chapter to use or occupy all or part of the
164-data center or quantum computing, advanced computing, and
165-HEA 1601 — Concur 5
166-defense infrastructure network for a period of two (2) or more years.
167-SECTION 9. IC 6-2.5-15-11, AS ADDED BY P.L.256-2019,
168-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169-UPON PASSAGE]: Sec. 11. As used in this chapter, "qualified data
170-center equipment" means data center equipment or quantum
171-computing research, advanced computing, and defense
172-infrastructure network equipment located at in a qualified data center
173-or a quantum computing research, advanced computing, and
174-defense infrastructure network.
175-SECTION 10. IC 6-2.5-15-13, AS ADDED BY P.L.256-2019,
836+network.".
837+Page 3, line 34, delete "(1)" and insert "(A)".
838+Page 3, line 35, delete "(2)" and insert "(B)".
839+Page 3, line 36, delete "(3)" and insert "(C)".
840+Page 3, line 37, delete "(4)" and insert "(D)".
841+EH 1601—LS 7625/DI 129 21
842+Page 3, line 39, delete "(5)" and insert "(E)".
843+Page 3, line 41, delete "(6)" and insert "(F)".
844+Page 5, delete lines 8 through 18, begin a new paragraph and insert:
845+"SECTION 10. IC 6-2.5-15-13, AS ADDED BY P.L.256-2019,
176846 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
177847 UPON PASSAGE]: Sec. 13. As used in this chapter, "qualified
178848 investment" means, with respect to a:
179849 (1) qualified data center, the aggregate nonduplicative eligible
180850 data center costs expended by any entity with an interest in the
181851 qualified data center; or
182852 (2) quantum computing research, advanced computing, and
183853 defense infrastructure network, the aggregate nonduplicative
184854 eligible costs expended by any entity with an interest in the
185855 quantum computing research, advanced computing, and
186-defense infrastructure network.
187-SECTION 11. IC 6-2.5-15-13.2 IS ADDED TO THE INDIANA
188-CODE AS A NEW SECTION TO READ AS FOLLOWS
189-[EFFECTIVE UPON PASSAGE]: Sec. 13.2. As used in this chapter,
190-"quantum safe fiber network" means a fiber network that includes
191-each of the following attributes:
192-(1) A deployed fiber infrastructure comprised of:
856+defense infrastructure network.".
857+Page 5, delete lines 24 through 42, begin a new line block indented
858+and insert:
859+"(1) A deployed fiber infrastructure comprised of:
193860 (A) standard single mode optical fibers (G.652.D) that are
194861 compliant with the federal Trade Agreements Act of 1979
195862 (Public Law 96-39, 93 Stat. 144, as amended);
196863 (B) flexgrid reconfigurable photonic layer; and
197864 (C) only coherent optical transponders with FIPS 140-3
198865 certified L1 encryption (OTNsec) with support for external
199866 key from quantum key distribution servers that are
200867 compliant with the federal Trade Agreements Act of 1979
201868 (Public Law 96-39, 93 Stat. 144, as amended);
202869 on electronics and glass.
203870 (2) A fiber infrastructure that is connected to:
204871 (A) a military installation of the United States of America;
205872 (B) the Indiana National Guard;
206873 (C) another military outlet or I-Light; or
207874 (D) an institution of higher learning conducting quantum
208-HEA 1601 — Concur 6
209875 computing research or advanced computing research.
210876 (3) A network engineered with physical intermediate access
211877 points (nodes) not more than sixty (60) miles apart.
212878 (4) A network with physical intermediate access points
213879 (nodes) equipped with physical access control and remote
214880 monitoring.
215881 (5) A network with quantum key distribution (QKD) servers
216882 deployed on every fiber span.
217883 (6) A network that is not used for residential broadband and
884+EH 1601—LS 7625/DI 129 22
218885 limited in use to less fifteen percent (15%) for commercial
219886 broadband (ISP) applications.
220887 (7) A network that complies with the federal Trade
221888 Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144) as
222-amended.
223-SECTION 12. IC 6-2.5-15-13.3 IS ADDED TO THE INDIANA
224-CODE AS A NEW SECTION TO READ AS FOLLOWS
225-[EFFECTIVE UPON PASSAGE]: Sec. 13.3. (a) As used in this
226-chapter, "quantum safe fiber network equipment" means optical
227-gear, transmission equipment, fiber, computer equipment,
228-software, or any other equipment or software of any type
229-purchased or leased for the processing, storage, retrieval,
230-communication, or transmission of data over a quantum safe fiber
231-network that:
232-(1) is preapproved by the corporation;
233-(2) adheres to all compliance standards of the federal Trade
889+amended.".
890+Page 6, delete lines 1 through 18.
891+Page 6, delete lines 33 through 35, begin a new line block indented
892+and insert:
893+"(4) uses only coherent optics with FIPS 140-3 certified
894+encryption technology; and".
895+Page 6, delete line 42, begin a new line block indented and insert:
896+"(1) Installed quantum-safe optical gear and federal Trade
234897 Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144, as
235-amended) throughout the entire network, including all access
236-physical intermediate access points (nodes);
237-(3) has a manufacturing origin point in North America;
238-(4) uses only coherent optics with FIPS 140-3 certified
239-encryption technology; and
240-(5) supports quantum safe algorithms that are compliant with
241-National Institute of Standards and Technology of the United
242-States Department of Commerce requirements, including
243-post-quantum cryptography and other post quantum resistant
244-cryptography implementations.
245-(b) The term includes the following:
246-(1) Installed quantum-safe optical gear and federal Trade
247-Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144, as
248-amended) compliant American-made fiber optic cable.
249-(2) Servers, routers, connections, monitoring and security
250-systems, and other enabling machinery, equipment, and
251-HEA 1601 — Concur 7
252-hardware, regardless of whether the property is affixed to or
253-incorporated into real property.
254-(3) Equipment used in the operation of computer equipment
255-or software or for the benefit of a quantum computing
256-research, advanced computing, and defense infrastructure
257-network, including component parts, installations,
258-refreshments, replacements, and upgrades, regardless of
259-whether the property is affixed to or incorporated into real
260-property.
261-(4) All equipment necessary for the transformation,
262-generation, distribution, or management of electricity that is
263-required to operate advanced computer or quantum
264-computer server equipment, including substations,
265-generators, uninterruptible energy equipment, supplies,
266-conduit, fuel piping and storage, cabling, duct banks, switches,
267-switchboards, batteries, testing equipment, and backup
268-generators.
269-(5) All equipment necessary to cool and maintain a controlled
270-environment for the operation of the computer servers and
271-other components of a quantum fiber network, including
272-chillers, mechanical equipment, refrigerant piping, fuel piping
273-and storage, adiabatic and free cooling systems, cooling
274-towers, water softeners, air handling units, indoor direct
275-exchange units, fans, ducting, and filters.
276-(6) All water conservation systems, including facilities or
277-mechanisms that are designed to collect, conserve, and reuse
278-water required for the infrastructure of a quantum fiber
279-network.
280-(7) All computer server equipment, chassis, networking
281-equipment, switches, racks, fiber optic and copper cabling,
282-trays, and conduit required for a quantum fiber network.
283-(8) All conduit, ducting, and fiber optic and copper cabling
284-required for a quantum fiber network.
285-(9) All monitoring equipment and security systems.
286-(10) All software required for the operation, development,
287-and maintenance of a quantum fiber network.
288-(11) All intangible rights to use conduit or existing fibers
289-directly related to a quantum fiber network.
290-(12) All tangible and intangible personal property that is
291-required for operation of each intermediate access point
292-(node) connected to a quantum fiber network, excluding
293-property used in the administration of the facility.
294-HEA 1601 — Concur 8
295-(13) Other tangible and intangible personal property that is
296-essential to the operations of a quantum fiber network,
297-excluding property used in the administration of the facility.
298-(14) All electricity used by qualified quantum fiber network
299-equipment, excluding electricity used in the administration of
300-the facility.
301-SECTION 13. IC 6-2.5-15-13.4 IS ADDED TO THE INDIANA
302-CODE AS A NEW SECTION TO READ AS FOLLOWS
303-[EFFECTIVE UPON PASSAGE]: Sec. 13.4. As used in this chapter,
304-"quantum computing research, advanced computing, and defense
305-infrastructure network" means the quantum safe fiber network
306-between two (2) or more facilities using qualified equipment to
307-create and connect qualified facilities to a quantum safe fiber
308-network that create a minimum qualified investment of at least
309-fifty million dollars ($50,000,000) on or before the fifth anniversary
310-of the issuance of the specific transaction award certificate by the
311-corporation. The term includes the land, buildings, site
312-improvements, permitting, lease payments, site characterization
313-and assessment, engineering and design, quantum safe fiber
314-network equipment, rights-of-way, and any other required access,
315-used directly to be a part of:
316-(1) a qualified advanced computing or a qualified quantum
317-computing research initiative within Indiana;
318-(2) the deployment or expansion of advanced computing,
319-within Indiana;
320-(3) the expansion of the defense industry within Indiana; or
321-(4) the quantum computing research, advanced computing
322-and defense infrastructure network connected to and used
323-for:
324-(A) quantum research (including computing,
325-communication, and networking);
326-(B) advanced computing; or
327-(C) defense infrastructure network;
328-at or related to the federal or state of Indiana military
329-installations, research universities, I-Light, or any other
330-Department of Defense or Indiana National Guard
331-installation within Indiana.
332-SECTION 14. IC 6-2.5-15-14, AS ADDED BY P.L.256-2019,
333-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
334-UPON PASSAGE]: Sec. 14. (a) A qualified data center user or a
335-quantum computing research, advanced computing, and defense
336-infrastructure network operator that holds an interest in a qualified
337-HEA 1601 — Concur 9
338-data center or an interest in a quantum computing research,
339-advanced computing, and defense infrastructure network may
340-apply to the corporation for a specific transaction award certificate to
341-make purchases, other than the purchase of utilities described in
342-IC 6-2.5-4-5, that are exempt under this chapter. The request must be
343-on a form prescribed by the corporation.
344-(b) The corporation has exclusive authority over issues related to
345-issuing a specific transaction award certificate.
346-(c) If the corporation issues a specific transaction award certificate
347-under this chapter, the certificate must state that the facility is a
348-qualified data center or a quantum computing research, advanced
349-computing, and defense infrastructure network, as applicable.
350-(d) A specific transaction award certificate issued by the corporation
351-shall expire not later than:
898+amended) compliant American-made fiber optic cable.".
899+Page 7, delete lines 1 through 3.
900+Page 9, delete lines 18 through 24, begin a new paragraph and
901+insert:
902+"(d) A specific transaction award certificate issued by the
903+corporation shall expire not later than:
352904 (A) (1) twenty-five (25) years after the date of issuance; or
353905 (B) (2) in the case of a qualified data center user, fifty (50)
354906 years after the date of issuance if the qualified investment is seven
355907 hundred fifty million dollars ($750,000,000) or greater; or
356908 (3) in the case of a quantum computing research, advanced
357909 computing, and defense infrastructure network operator, fifty
358910 (50) years after the date of issuance if the qualified investment
359911 is fifty million dollars ($50,000,000) or greater within three (3)
360-years of the issuance of the transaction award certificate.
361-SECTION 15. IC 6-2.5-15-15, AS ADDED BY P.L.256-2019,
362-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363-UPON PASSAGE]: Sec. 15. The following apply if the corporation
364-approves an application for a specific transaction award certificate:
365-(1) The corporation shall require the qualified data center user or
366-quantum computing research, advanced computing, and
367-defense infrastructure network operator, as applicable, to
368-enter into an agreement with the corporation as a condition of
369-receiving a specific transaction award certificate under this
370-chapter.
371-(2) The agreement with the corporation must include:
372-(A) a detailed description of the project that is the subject of
373-the agreement that includes documentation of compliance
374-with the requirement that the investment be specific to
375-infrastructure for the Indiana defense industry or
376-quantum computing research or advanced computing;
377-(B) the duration of the specific transaction award certificate
378-and the first taxable year for which the award provided by this
379-chapter may be used; and
380-HEA 1601 — Concur 10
381-(C) a requirement that the qualified data center user or
382-quantum computing research, advanced computing, and
383-defense infrastructure network operator, as applicable,
384-annually report to the corporation on the amount of taxes that
385-were not paid by the qualified data center user or quantum
386-computing research, advanced computing, and defense
387-infrastructure network operator in connection with the
388-purchase of data center equipment or quantum computing
389-research, advanced computing, and defense infrastructure
390-network equipment, as applicable.
391-SECTION 16. IC 6-2.5-15-16, AS ADDED BY P.L.256-2019,
392-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
393-UPON PASSAGE]: Sec. 16. The sale of qualified data center or
394-quantum computing research, advanced computing, and defense
395-infrastructure network equipment is exempt from the state gross
396-retail tax if the qualified data center equipment or quantum
397-computing research, advanced computing, and defense
398-infrastructure network equipment, as applicable:
399-(1) is sold to a qualified data center user or a quantum
400-computing research, advanced computing, and defense
401-infrastructure network approved by the corporation under this
402-chapter; and
403-(2) will be located in a qualified data center, or is a part of a
404-quantum safe fiber network or is a part of a quantum
405-computing research, advanced computing, and defense
406-infrastructure network.
407-SECTION 17. IC 6-2.5-15-17, AS ADDED BY P.L.256-2019,
408-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
409-UPON PASSAGE]: Sec. 17. A qualified data center user or a
410-quantum computing research, advanced computing, and defense
411-infrastructure network operator is not entitled to the exemption
412-provided by section 16 of this chapter unless the qualified data center
413-user or the quantum computing research, advanced computing, and
414-defense infrastructure network operator provides the seller with an
415-exemption certificate on a form prescribed by the department and a
416-copy of the specific transaction award certificate issued by the
417-corporation. In the case of utilities described in IC 6-2.5-4-5, the
418-qualified data center user may issue an exemption certificate on a form
419-prescribed by the department and a copy of the specific transaction
420-award certificate issued by the corporation to cover all utility purchases
421-from that seller. However, for the corporation to issue a specific
422-transaction award certificate for utilities described in IC 6-2.5-4-5, the
423-HEA 1601 — Concur 11
424-qualified data center user must agree to report and remit use tax under
425-this article to the department on the part of the utility purchases used
426-for administration of the facility.
427-SECTION 18. IC 6-2.5-15-18, AS ADDED BY P.L.256-2019,
428-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
429-UPON PASSAGE]: Sec. 18. (a) This section does not apply to a
430-qualified data center user that is a qualified colocation tenant.
431-(b) (a) If the corporation determines that a qualified data center user
432-or a quantum computing research, advanced computing, and
433-defense infrastructure network operator that did not pay taxes as a
434-result of the award provided under this chapter, and is not entitled to
435-the award because of the qualified data center user's noncompliance
436-with the requirements of the sales tax award certificate agreement or
437-this chapter, the corporation shall, after giving the qualified data center
438-user or the operator an opportunity to explain the noncompliance:
439-(1) notify the department of the noncompliance; and
440-(2) request the department to impose an assessment on the
441-qualified data center user or the quantum computing research,
442-advanced computing, and defense infrastructure network
443-operator in an amount that may not exceed the sum of the taxes
444-not paid as a result of the exemption provided under this chapter
445-together with interest and penalties required or permitted by law.
446-(c) (b) Notwithstanding the provisions of IC 6-8.1-5-2, an
447-assessment under subsection (b) (a) is considered timely if the
448-department issues a proposed assessment:
449-(1) not later than one hundred eighty (180) days from the date the
450-department is notified of the noncompliance; or
451-(2) the date on which a proposed assessment could otherwise be
452-issued in a timely manner under IC 6-8.1-5-2;
453-whichever is later.
454-SECTION 19. IC 6-2.5-15-19, AS ADDED BY P.L.256-2019,
455-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
456-UPON PASSAGE]: Sec. 19. Except as provided in section 18 of this
457-chapter, if the corporation approves a qualified data center user's or a
458-quantum computing research, advanced computing, and defense
459-infrastructure network operator's application to receive a specific
460-transaction award certificate and enters into an agreement with the
461-qualified data center user or the quantum computing research,
462-advanced computing, and defense infrastructure network operator
463-for a specific transaction award certificate, the corporation's
464-certification of the qualified data center or the quantum computing
465-research, advanced computing, and defense infrastructure network
466-HEA 1601 — Concur 12
467-remains in effect, even if there is a future transfer, sale, or disposition,
468-directly or indirectly, of the qualified data center or the quantum
469-computing research, advanced computing, and defense
470-infrastructure network. A subsequent owner shall enter into an
471-agreement with the corporation before the subsequent owner is entitled
472-to receive a specific transaction award certificate for the remainder of
473-the eligibility period.
474-SECTION 20. IC 6-2.5-15-20, AS ADDED BY P.L.256-2019,
475-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
476-UPON PASSAGE]: Sec. 20. Beginning in 2030, and every ten (10)
477-years thereafter, the corporation shall submit to the legislative council
478-in an electronic format under IC 5-14-6 an economic and fiscal impact
479-study evaluating the statewide impact of data center investments and
480-quantum computing research, advanced computing, and defense
481-infrastructure network investments in Indiana.
482-SECTION 21. An emergency is declared for this act.
483-HEA 1601 — Concur Speaker of the House of Representatives
484-President of the Senate
485-President Pro Tempore
486-Governor of the State of Indiana
487-Date: Time:
488-HEA 1601 — Concur
912+years of the issuance of the transaction award certificate.".
913+Page 12, after line 16, begin a new paragraph and insert:
914+"SECTION 21. An emergency is declared for this act.".
915+Renumber all SECTIONS consecutively.
916+and when so amended that said bill do pass.
917+(Reference is to HB 1601 as printed February 13, 2025.)
918+HOLDMAN, Chairperson
919+Committee Vote: Yeas 9, Nays 3.
920+EH 1601—LS 7625/DI 129