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Data center regulations by state, November 2026

Genloop Insights · Data centers · Reviewed 10 October to 4 November 2026

The data center rulebook.

By Max WilliamsonChief Commercial Officer, Genloop

Data center rules in the United States are being written in fifty statehouses, hundreds of county boards and a handful of grid operators at once. This page tracks 650 laws, orders, rulings and local actions across every state and Washington DC, plus 73 federal and grid-operator actions that sit above them. 41 states are tightening and none is loosening.

50 states and DC

Every state: where it stands and what is coming.

Each entry gives the position today, the outlook for the next year, and every law, order, tariff, ruling and local action found, newest first, with its source.

Alabama

Light → Steady2026 laws trim tax breaks; PSC now votes on 150 MW contracts within 90 days10 items
7in force
2pending
1local pause
narrowedtax break
2.8combined index (5 most)
8.1cper kWh, industrial
2 November 2026reviewed
Regulation2.4 / 5
  1. Grid connection1

    No in-force connection, own-power or reliability rule; Alabama Power connects on standard service, with SB 270 of 1 Oct 2026 touching only contract pricing.

  2. Power rates3

    SB 270, in force 1 Oct 2026, lets the PSC approve 150 MW contracts only if they recover incremental cost with collateral and minimum payments; no rate class.

  3. Siting and land use3

    Birmingham's June 2026 ordinance sets a 500-foot setback above 30 MW; pauses in Homewood, Leeds, Cullman, Anniston, Tarrant and Foley ring the main market.

  4. Tax treatment3

    HB 399, effective 1 June 2026, caps abatements at 20 years and ends state property and construction tax abatement for 100 MW sites once in service.

  5. Permits and water2

    Birmingham's June 2026 ordinance requires water use estimates, closed-loop cooling and solar or fuel cell on-site power above 30 MW; no state rule is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Alabama passed two data center laws in 2026 with near-unanimous votes and the governor's backing. HB 399 cuts the maximum tax abatement from 30 to 20 years and makes sites above 100 MW pay certain state taxes once in service. SB 270, in force since 1 October 2026, says the Public Service Commission may approve a contract with a data center of 150 MW or more only if it is expected to recover the added cost of serving it and benefit other customers. In practice review is light: under procedures the commission adopted on 6 October 2026, Alabama Power files a public petition naming the customer and its contracted capacity, the contract and financial analysis go confidentially to staff and the Attorney General, there is no hearing, and commissioners must vote within 90 days or the contract is deemed approved. A separate 2026 law, HB 475, expands the commission to seven members and freezes Alabama Power's rates through 1 January 2029. North Alabama is served by TVA, whose new data center rate applies there.

Outlook

Alabama Power's contracts for Wooster LLC and APLD BHM-01 LLC, two Applied Digital entities in Tuscaloosa County, were under commission review as of 2 October 2026 under the interim 45-day window, and no vote or deemed approval has been reported since. The commission's 6 October 2026 order requires Alabama Power to file a large load tariff within 10 days of the written order, which will be the first test of the SB 270 standard. In Bessemer, QTS declined the mayor's 19 October 2026 request to pause work on Project Marvel, produced a city grading permit and a state stormwater permit on 22 October, and as of 27 October no meeting had been scheduled; Jefferson County is weighing a 1,000-foot vegetative buffer and will not process data center applications in unincorporated areas until its land use plan is updated. City moratoria keep spreading, with Anniston and Tarrant adding 12-month pauses and Foley six months since August, while counties say Dillon's Rule leaves them no power to act; Sen. Arthur Orr plans a 2027 local bill for Morgan County. The 3 November governor's race splits on the issue: Doug Jones proposes a one-year statewide moratorium and an end to data center tax incentives, and Tommy Tuberville opposes a moratorium and says data centers should pay their full share. The seven-member commission takes over in January 2027.

Grid: TVA, Southeast utilitiesReviewed 2 November 2026Research confidence: High

Alabama: full entry, every item and its source →

  1. State lawAlabama PowerOct 2026In force
    SB 270: contract standard for data centers of 150 MW or more

    Act 2026-610, effective 1 October 2026, adds Section 37-4-22.1. For a data center whose contract covers expected peak demand of 150 MW or more on contiguous parcels, the commission may find the contract in the public interest only if its pricing and terms are expected to recover the incremental cost of serving that customer, including fuel and taxes, and to promote benefits for the utility's other retail customers. Terms covered include minimum contract length, upfront payments, security and collateral and minimum payments.

    alison.legislature.state.al.us
  2. RegulatorAlabama PowerOct 2026In force
    PSC review process for Alabama Power data center contracts: 90-day window

    On 8 July 2026 the Public Service Commission opened a proceeding (Docket 33709) and extended its review window for data center contracts from the 10 days in place since 1996 to 45 days. On 6 October 2026 it unanimously adopted final procedures for contracts covered by Act 2026-610: Alabama Power files a public petition naming the customer and its parents, the county or city and the maximum contracted capacity, the full contract and financial analysis go confidentially to commission staff and the Attorney General, and commissioners must vote within 90 days or the contract is deemed approved. There is no hearing or intervention, and Alabama Power was ordered to file a large load tariff within 10 days of the written order. Under the interim window one contract, for ADC Holdings (Nebius, Oxmoor Valley), was deemed approved and two, Wooster LLC and APLD BHM-01 LLC (Applied Digital, Tuscaloosa County), were under review as of 2 October 2026.

    abc3340.com
  3. LocalBessemerOct 2026In force
    Project Marvel (QTS) campus: new mayor seeks halt, QTS continues under city permits

    Bessemer's council approved the original Project Marvel plan 5-2 on 18 November 2025 and in April 2026 voted 5-2 to rezone about 914 more acres, taking the campus to roughly 1,600 acres; a residents' suit alleging spot zoning was dismissed with prejudice on 22 June 2026, and QTS confirmed in July 2026 it is the developer of the $14 billion campus. On 19 October 2026 newly sworn-in Mayor Louise Alexander had the city send QTS a letter asking it to pause clearing, grading and other site work pending a review of city permits and procedures. QTS declined on 20 October 2026, citing a city mass grading permit and a state construction stormwater permit, asked to postpone a 23 October meeting, and said it has no plans to expand the campus; as of 27 October 2026 no new meeting date had been set and QTS gave a five to seven year buildout. Jefferson County is weighing a 1,000-foot vegetative buffer between homes and the site.

    abc3340.com
  4. LocalCountiesOct 2026Proposed
    Counties say they lack authority to regulate data centers; local bill planned

    Under Dillon's Rule Alabama counties have no zoning power in unincorporated areas, so Lowndes, Mobile and Escambia counties say they cannot stop proposed campuses. Sen. Arthur Orr plans a 2027 local bill giving Morgan County permitting authority over data centers and says a statewide measure would need wider vetting; Democratic governor nominee Doug Jones proposes a one-year statewide moratorium and an end to data center tax breaks, while Republican nominee Tommy Tuberville supports data centers.

    govtech.com
  5. LocalJefferson CountyOct 2026Proposed
    Jefferson County: no data center applications until land use rules exist; 1,000-foot buffer weighed

    On 24 June 2026 the county attorney said Jefferson County has no framework to process a data center application in its unincorporated areas until its land use plan is updated, which the county manager called a de facto moratorium, and the Developmental Services department is drafting a data center ordinance. Commission President Jimmie Stephens proposed a formal moratorium but on 25 June 2026 asked staff to proceed in an orderly way instead of voting one through. On 20 October 2026 Stephens said the county is considering a 1,000-foot vegetative buffer between homes and the QTS campus in Bessemer and would vote no on any expansion needing county approval. No adoption date has been set.

    abc3340.com
  6. LocalAnniston, Tarrant, Foley, Homewood, Leeds, Cullman and othersSep 2026In force
    City moratoria spread: Anniston and Tarrant add 12-month pauses, Foley six months

    Leeds, Homewood, Cullman, Fort Payne, Fairfield, Springville and Prichard followed Birmingham's March 2026 pause with moratoria of their own, with Leeds and Homewood acting in June 2026 and Cullman on 23 June 2026. Anniston adopted a 12-month moratorium on data center permitting, development and licensing within its regulatory jurisdiction on 18 August 2026 (Resolution 26-R-97), Tarrant approved a 12-month pause reported on 8 September 2026, and Foley adopted a six-month halt covering data centers, crypto mining and server farms in September 2026. Counties cannot follow: Alabama counties lack zoning authority under Dillon's Rule, so Lowndes, Mobile and Escambia commissioners say they cannot block Project Red Clay or the $6 billion Beacon project, and Escambia passed only a non-binding resolution in June 2026.

    govtech.com
  7. LocalBirminghamJun 2026In force
    Birmingham hyperscale data center zoning ordinance: 500-foot residential setback

    Adopted 9 June 2026 by a 6-3 vote as the replacement for the city's 180-day pause. A hyperscale data center is one over 200,000 square feet of floor area or with aggregate electrical demand above 30 MW. Hyperscale sites must sit at least 500 feet from residential zoning or an urban neighborhood district and at least 1,000 feet from a fixed guideway transit line or station, must commission noise studies before and after construction, must state estimated daily and annual water use and use closed-loop cooling, and may generate on-site power only from solar or fuel cells. Existing operators are not affected but expansions must meet the rules.

    alreporter.com
  8. State lawApr 2026In force
    HB 399: abatements capped at 20 years

    Enacted 17 April 2026 after passing the House 103 to 0 and the Senate 32 to 0; effective 1 June 2026. For abatements granted on or after 1 January 2027 the maximum for data processing centers investing more than $200 million falls from 30 to 20 years, with up to 10 more only under a binding agreement to fund local roads, bridges, broadband, water or wastewater systems or education; the extra years are revoked with repayment if the company defaults. For data centers with peak demand of 100 MW or more, the abatement of state non-education property tax and of state construction-related sales and use taxes ends once the site is in service, though servers, computers, networking, software and cooling equipment stay abatable. The program sunset moves from 2028 to 31 July 2032.

    alison.legislature.state.al.us
  9. State lawAlabama PowerApr 2026In force
    HB 475: PSC expanded to seven members, rate freeze to 2029

    Signed 2 April 2026. Expands the Public Service Commission from three members elected statewide to seven, with the governor to appoint four members by 15 July 2026 from lists supplied by legislative leaders and all seven seats then elected by congressional district on a phase-in through 2030; October 2026 reports say the seven-member commission takes over in January 2027 and that Cynthia Almond is the only current member keeping her seat. The next governor appoints a secretary of energy to supervise the commission, and no formal rate hearing may be held until 2029 unless the secretary or five of seven commissioners call one. Alabama Power's rates are frozen through 1 January 2029, which limits any test of whether data center load lowers rates.

    alabamareflector.com
  10. LocalBirminghamMar 2026Expired
    Birmingham 180-day moratorium on data centers above 20 MW

    Adopted 3 March 2026 with immediate effect. For 180 days the city would not accept or act on permits, site plans or licenses for new or expanded data centers using more than 20 MW; DC Blox's expansion and the Nebius AI Factory were already in permitting and exempt. The council adopted a replacement zoning ordinance for hyperscale data centers on 9 June 2026 by a 6-3 vote, and the 180-day pause ran out around 30 August 2026 with no extension found.

    birminghamwatch.org

Alaska

Light → SteadyNo data center rules; one large off-grid North Slope proposal pending5 items
1in force
3pending
0local pauses
narrowedtax break
23.1cper kWh, industrial
2 November 2026reviewed
Regulation1.6 / 5
  1. Grid connection1

    No state connection rule; Anchorage's March 2026 framework only asks grid users for a utility letter confirming capacity.

  2. Power rates1

    No large-load tariff or contract standard in force; SB 250 died in a House committee in May 2026.

  3. Siting and land use2

    Anchorage's March 2026 code limits data centers to commercial and industrial zones after public review; no pause in force anywhere.

  4. Tax treatment3

    Alaska has no data center tax incentive and no sales tax, and no in-force action on incentives, so nothing to lose and nothing to gain.

  5. Permits and water1

    No water, air or disclosure rule in force; Anchorage asks only for water and wastewater capacity documentation at permitting.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Alaska has no data center-specific statute, tariff or tax incentive, and no state sales tax. The only large proposal is Stak Energy's self-powered campus on state land on the North Slope, which would burn its own natural gas and not connect to the Railbelt grid. A bill to require commission-approved utility contracts for data centers (SB 250) passed the Senate in May 2026 and died in a House committee. Anchorage adopted a land-use framework for data centers and other energy-intensive uses in 2026.

Outlook

The Department of Natural Resources had still not issued a final best-interest finding on the Stak lease as of 2 November 2026, after a comment period that closed on 17 July 2026 with more than 500 comments; only commenters may appeal the final finding. On 23 October 2026 Fairbanks North Star Borough Mayor Grier Hopkins proposed an ordinance pausing land-use permits for data centers of 5 MW or more, or more than 50,000 square feet, until 31 December 2027; it goes to the borough Planning Commission for a recommendation within 90 days of introduction. The borough's top ask for the legislative session opening in January 2027 is a statewide moratorium, and SB 250 is expected to return. Golden Valley Electric issued its first energy emergency alert on 12 October 2026 and expects more over the next two years. The 3 November 2026 election chooses a new governor: Democrat Jonathan Kreiss-Tomkins supports a temporary moratorium until the Legislature sets rules, Republican Bernadette Wilson has said she would not let hyperscale data centers fill the state, and Republicans Dave Bronson and Treg Taylor favor development, with Taylor wanting data centers to bring their own energy. No Railbelt utility has filed a large-load tariff with the Regulatory Commission of Alaska.

Reviewed 2 November 2026Research confidence: Medium

Alaska: full entry, every item and its source →

  1. LocalFairbanks North Star BoroughOct 2026Proposed
    Fairbanks borough ordinance to pause permits for large data centers

    On 23 October 2026 Mayor Grier Hopkins proposed an ordinance that would stop the borough from granting land-use permits for large-scale data centers until 31 December 2027, when an update of the Regional Comprehensive Plan with data center guidance is due. Large-scale means an aggregate peak electrical demand of 5 MW or more, operations covering more than 50,000 square feet, or on-site generation of at least 5 MW. The ordinance was scheduled for introduction to the assembly and then referral to the borough Planning Commission for a recommendation within 90 days. Borough code does not currently address zoning for data centers.

    alaskasnewssource.com
  2. LocalFairbanks North Star BoroughAug 2026Proposed
    Fairbanks borough asks Legislature for statewide data center moratorium

    On 27 August 2026 the borough assembly voted 6-1 to adopt 2027 legislative priorities that ask the state and federal governments for a moratorium on permitting, leasing or building new commercial data centers until standards exist for electrical demand, water use, environmental impacts and air quality. Mayor Grier Hopkins calls it the borough's top legislative ask for the session opening in January 2027, and on 23 October 2026 he proposed a separate borough ordinance pausing land-use permits for large data centers. Golden Valley Electric issued its first energy emergency alert on 12 October 2026. The federal government issued a request for proposals in 2026 to lease land for data centers at Eielson Air Force Base, Clear Space Force Station and Joint Base Elmendorf-Richardson.

    fm.kuac.org
  3. ExecutiveNorth SlopeJul 2026Pending
    State lease for Stak Energy data center campus

    In May 2026 the Department of Natural Resources issued a preliminary best-interest finding in favor of a 50-year negotiated lease of about 715 acres (a 640-acre gravel pad) off the Dalton Highway, 25 miles south of Deadhorse, for a campus Stak Energy says would cost more than $10 billion and generate 1 to 3 GW on site from North Slope gas, selling power to hyperscalers rather than running data centers itself. More than 500 comments, fewer than a dozen in support, arrived before the deadline was extended to 17 July 2026. Only commenters may appeal the final finding, which had not been issued as of mid-October 2026.

    juneauindependent.com
  4. State lawMay 2026Failed
    SB 250: data center utility contracts

    Would have required electric and gas utilities to have commission-approved contracts that assign costs to data centers, with financial security where service needs more than $1 million of utility investment and a water use plan filed with the municipality. Passed the Senate on 16 May 2026 and died in the House Community and Regional Affairs Committee.

    dwt.com
  5. LocalAnchorageMar 2026In force
    Anchorage land-use framework for data centers

    Adopted 10-2 by the Anchorage Assembly in March 2026, the first time the municipal code defines data centers. They are allowed only in commercial and industrial zones after public review, must use landscaping buffers and enclosed power equipment to limit noise, and a developer drawing on the grid must file a written statement from the electric utility confirming sufficient system capacity, with the same documentation for water and wastewater. Anchorage has one sizable colocation site and no hyperscale facilities.

    adn.com

Arizona

Moderate ↑ TighteningThree-year pause on the data center tax exemption began July 202620 items
11in force
7pending
1local pause
paused or sunsettax break
3.3combined index (5 most)
9.7cper kWh, industrial
4 November 2026reviewed
Regulation3.2 / 5
  1. Grid connection4

    APS, the largest utility, has taken no new data center customers since 1 Jan 2024 (stated Sept 2026); SRP makes 20 MW loads prepay studied upgrades.

  2. Power rates3

    TEP's Project Blue contract (3 Dec 2025) carries minimum bills and exit fees, SRP bills 80% of forecast load, and the Aug 2026 coop checklist bars subsidy.

  3. Siting and land use3

    Pima County's 120-day pause to 20 Jan 2027 and Tucson's Aug 2026 ordinance cover the Tucson market; Phoenix's 2025 rules add buffers; Marana tightened.

  4. Tax treatment4

    HB 4168 bars new Computer Data Center exemption applications from 1 July 2026 to 30 June 2029; certified sites keep theirs.

  5. Permits and water2

    HB 2756 (June 2026) puts semiannual reporting and cost studies on utilities, not developers; Tucson bars drinking water for cooling without an agreement.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Arizona stopped taking new applications for its Computer Data Center sales tax exemption from 1 July 2026 to 30 June 2029, and Governor Hobbs wants it ended for good, though she said in September 2026 that she opposes the statewide moratorium Attorney General Mayes has called for. The Corporation Commission applies a 'growth pays for growth' approach: it approved the Tucson Electric Power contract for Project Blue with minimum bills and exit fees, set a standard review for cooperative large-load contracts, and is deciding an APS rate case that resets the extra high load factor rate. APS says grid limits have kept it from committing to any new data center customers since January 2024. Hobbs has twice vetoed bills that would have let data centers add small nuclear reactors outside county zoning. Local governments are adding rules: Tucson requires council approval above 20 MW, Pima County paused new projects for 120 days from 22 September 2026 while it writes a conditional use permit ordinance, Marana tightened its code, Phoenix faces property-rights claims over its 2025 rules, and Pinal County turned down a large rezoning.

Outlook

Governor Katie Hobbs won a second term on 3 November 2026 (AP call) and keeps saying a statewide moratorium is not the answer while backing the three-year tax exemption pause and vetoing reactor co-location bills; Attorney General Kris Mayes, who wants a statewide pause, was also re-elected. Democrats led for majorities in both legislative chambers for the first time in decades as of 4 November, with several seats uncalled, which would let a 2027 session take up Mayes's pause, a permanent end to the tax exemption and the large-load cost bills Republicans had blocked, subject to the governor's position. Two Corporation Commission seats are not yet called; Democrats Clara Pratte and Jonathon Hill led, and if both win the commission goes from 5-0 to 3-2 Republican when the new members are sworn in in January 2027, after the sitting commission votes on the APS rate case and its extra high load factor rate by 31 December 2026 (recommended order expected late November, new rates early 2027). Mayes's motions to disqualify Chairman Myers from the APS and TEP cases and the Residential Utility Consumer Office suit against formula rates are still pending. Locally, Pima County's moratorium runs to 20 January 2027 with a supervisors' vote on the conditional use permit ordinance expected in December, Phoenix defends its 2025 ordinance at a 17 November hearing, Page's commission hears draft data center districts on 17 November and Gilbert's council takes up its ordinance on 15 December. The tax exemption window reopens 1 July 2029 unless lawmakers act.

After the 3 November 2026 election
  • Governor Katie Hobbs (D). Hobbs said on 4 September 2026 that 'I don't think a statewide moratorium is the answer', that 'there are places where data centers make sense' and that 'we need to make sure that they are doing that sustainably'; she signed the three-year pause on the data center tax exemption and vetoed SB 1418 on co-located small reactors. orionprop.com
  • Legislature Republican both chambers before the election; Democrats lead for majorities in both chambers, not yet called, control changed. As of 6 a.m. on 4 November Democrats led in 20 of 30 Senate seats and 37 of 60 House seats against prior Republican margins of 17-13 and 33-27, with several races within 4 points and still counting. ktar.com
  • Commission Two of five Corporation Commission seats were on the ballot; Democrats Clara Pratte (about 28%) and Jonathon Hill (about 27%) led Republican incumbent Kevin Thompson (about 22%) and Ralph Heap (about 21%) in unofficial counts on 4 November, the race was not called, and if both Democrats win the all-Republican commission becomes 3-2 Republican. Pratte said data centers should 'pay their fair share' and Hill said he would restrict data centers. Attorney General Kris Mayes, who called for a statewide data center pause, was re-elected over Warren Petersen. kjzz.org
  • Marana A residents' referendum against the council's approval of a 600-acre data center campus never reached the ballot after the clerk rejected about 2,800 signatures and a Pima County judge upheld the rejection on 1 May 2026. no vote held. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: The West outside CaliforniaReviewed 4 November 2026Research confidence: Medium

Arizona: full entry, every item and its source →

  1. LocalMaranaOct 2026In force
    Marana amends data center zoning code

    On 20 October 2026 the Marana Town Council voted 5-1 to amend its 2024 data center zoning code. The changes add C-weighted noise limits for low-frequency equipment hum, larger penalties for exceeding noise limits, decommissioning procedures for servers, cooling equipment, generators and batteries, and upfront financial assurance for decommissioning costs.

    kjzz.org
  2. RegulatorArizona Public Service and Tucson Electric PowerOct 2026Pending
    Attorney General seeks recusal of ACC chairman from APS and TEP rate cases

    Attorney General Kris Mayes filed motions, docketed 19 October 2026 and reported 21 October 2026, in the APS and TEP rate cases asking Chairman Nick Myers to disqualify himself for bias and for prejudging the formula rate policy he voted to adopt, or at least to stay out of the formula rate deliberations. Myers says he has found no basis to recuse himself. If he stays, the Attorney General will ask the administrative law judge to admit the bias evidence to the record for any appeal. The APS case carries the proposed extra high load factor rate and must be decided by 31 December 2026, and a separate Residential Utility Consumer Office suit against the formula rate policy is ongoing.

    kjzz.org
  3. LocalPima CountyOct 2026Proposed
    Pima County draft data center zoning ordinance advances

    On 28 October 2026 the Pima County Planning and Zoning Commission voted 8-1 to send a data center ordinance to the Board of Supervisors, with a vote expected in December 2026 before the moratorium ends on 20 January 2027. Data centers would need a Type III conditional use permit in the CI-2 heavy industrial zone with two public hearings and supervisor approval, open-loop cooling would be barred, and developers would need written guarantees of water and power before approval. Staff added PFAS limits, larger setbacks, lower sound limits and tighter generator and decommissioning rules.

    kjzz.org
  4. CourtPhoenixOct 2026Pending
    Superior Court narrows $54 million Proposition 207 suit over Phoenix data center rules

    A Maricopa County Superior Court judge dismissed West Buckeye Road LP's claim that Phoenix's 2025 data center ordinance itself allows a developer to sue for compensation, but will hear its Proposition 207 claim for more than $54 million in lost property value. An evidentiary hearing is set for 17 November 2026 at which Phoenix must show the ordinance is a necessary public health protection, which would end the suit.

    kjzz.org
  5. LocalGilbertOct 2026Proposed
    Gilbert defers data center zoning ordinance to 15 December 2026

    On 20 October 2026 the Gilbert Town Council voted 6-1 to postpone its proposed data center ordinance until 15 December 2026. The draft would confine data centers to light and general industrial zones, require a special permit instead of a conditional use permit, and bar potable water and open-loop systems for server cooling.

    kjzz.org
  6. LocalPageOct 2026Proposed
    Page drafts data center districts and water and power certificates

    Page held a public hearing on 28 October 2026 on draft rules that would create data center districts near high-voltage lines and industrial zones, require notice to residents within half a mile and two neighborhood meetings, require water and energy supply certificates showing no effect on other users, set a 55 dBA sound limit and require 24 hours' notice before generator tests. The Planning and Zoning Commission hears it on 17 November 2026.

    kjzz.org
  7. UtilityArizona Public ServiceSep 2026In force
    APS has made no new data center commitments since January 2024

    APS said in early September 2026 that grid constraints have kept it from committing to serve any additional data center customers since 1 January 2024, and that it cannot do so under its current pricing. It has about 4,000 MW already committed to data centers, set a peak demand record above 9,100 MW in August 2026 and plans a 1,280 MW gas plant near Gila Bend. Microsoft has intervened in the APS rate case to oppose the proposed 45% increase for data centers.

    kjzz.org
  8. LocalPima CountySep 2026In force
    Pima County 120-day moratorium on new data center projects

    On 22 September 2026 the Pima County Board of Supervisors voted 3-2 for a 120-day moratorium on data center projects in unincorporated areas, with Supervisors Rex Scott and Steve Christy opposed. It applies to projects that had not yet applied for grading, paving, flood control or construction permits, so pending applications such as Project Blue continue. The pause ends 20 January 2027, the board can revisit it before then, and the Health Department must prepare a risk assessment.

    tucson.com
  9. RegulatorAEPCO and five distribution cooperativesAug 2026In force
    ACC standard process for cooperative large-load contracts (Docket E-01773A-26-0123)

    On 12 August 2026 the commission unanimously approved a standard checklist and review for electric service agreements between six cooperatives and large loads. Each agreement comes back for approval, and staff must find it is in the public interest, reasonably priced and not subsidized by other customers.

    azcc.gov
  10. LocalTucsonAug 2026In force
    Tucson large data center ordinance

    Adopted 5 August 2026 by a 6-1 vote and effective immediately. Data centers over 25,000 square feet or 20 MW need a planned development rezoning with a neighborhood meeting, a zoning examiner hearing and a final mayor and council vote. They must sit at least half a mile from homes and schools and 1,000 feet from commercial development, stay under 50 feet in height, cover no more than 40% of the site, submit a noise study, run backup generators only in outages or scheduled tests, and may not use drinking water for cooling without a formal water agreement. A floor amendment directs staff to keep researching a legal route to an outright ban, which the city attorney said could conflict with Proposition 207.

    kjzz.org
  11. ExecutiveAug 2026Proposed
    Attorney General calls for statewide pause on new data centers

    On 31 August 2026 Attorney General Kris Mayes asked lawmakers and the governor to pass a law pausing approval of new data centers, citing power bills and a planned cut of about 30% to Arizona's Colorado River supply. It has no legal force; Senate Republicans dismissed it and the industry alliance opposes it. Governor Hobbs answered on 8 September 2026 that a state moratorium is not the right approach.

    azfamily.com
  12. LocalPinal CountyAug 2026Failed
    Pinal County rejects large data center rezoning (La Osa)

    On 26 August 2026 the Pinal County Board of Supervisors voted 4-1 to reject the rezoning and site plan for Vermaland's La Osa Energy Center outside Eloy, a campus planned with 11 data center buildings, a 500 MW gas plant and batteries after the developer cut its original 3 GW scale by about 80%. The county zoning code has no definitions or development standards for data centers, and residents asked the board to write some.

    kjzz.org
  13. RegulatorArizona Public ServiceJul 2026Pending
    APS rate case and the extra high load factor rate

    APS's rate case includes a separate rate for its largest, steadiest users. The hearing ran 18 May to 7 July 2026, a recommended order is expected by late November, and the commission must vote by 31 December 2026.

    azcc.gov
  14. State lawJun 2026In force
    HB 4168: three-year pause on the Computer Data Center tax exemption

    The fiscal 2027 budget bars the Arizona Commerce Authority from accepting new certification applications from 1 July 2026 to 30 June 2029. Centers certified before the pause keep their sales and use tax exemptions.

    kpmg.com
  15. State lawJun 2026In force
    HB 2756: reporting on extra high load factor customers (Chapter 111)

    Signed 4 June 2026 as Chapter 111. Regulated electric utilities must file semiannual reports with the commission, and public power entities with more than one million connections must report to their boards, on interconnection requests and completed interconnections for new extra high load factor customers. On request they must file a cost-of-service study within 180 days of the effective date, and the commission may set minimum bills, contract terms, exit provisions, security and infrastructure payments for such customers. Cooperatives and utilities with 40,000 or fewer connections are exempt; the reporting chapters are repealed after 31 December 2033.

    azleg.gov
  16. State lawJun 2026Vetoed
    SB 1418 veto: small modular reactors next to large loads

    On 19 June 2026 Governor Hobbs vetoed Sen. Frank Carroll's bill, which would have let utilities build small modular reactors co-located with an extra high load factor customer after 30 days' notice to the commission and without a certificate of environmental compatibility or hearing, and would have barred counties under 500,000 people (all but Maricopa and Pima) from regulating their land use. Her veto letter called the catch-all approach irresponsible; similar bills were vetoed in the 2025 session.

    azmirror.com
  17. LocalPima County and MaranaApr 2026In force
    Project Blue and Marana campuses proceed after Tucson's refusal

    Tucson's council voted in August 2025 not to annex or supply water to the roughly $3.6 billion Project Blue; Pima County approved it in December 2025 and site work began in late April 2026. In Marana a residents' referendum bid failed and the council approved rezoning for a 600-acre Beale campus.

    aljazeera.com
  18. LocalPhoenixMar 2026In force
    Phoenix data center zoning rules and Proposition 207 claims

    Phoenix adopted rules in summer 2025 that make it harder to build data centers near homes. Landowners have filed property-value claims under Proposition 207 (KJZZ reported eleven owners seeking $753 million), and the city has granted waivers to some sites rather than pay.

    azfamily.com
  19. RegulatorTucson Electric PowerDec 2025In force
    ACC approves TEP supply agreement for Project Blue (Docket E-01933A-25-0187)

    Approved 4-1 on 3 December 2025. Ten-year agreement with Humphrey's Peak Power LLC with an 18-month load ramp, minimum monthly bills and termination fees; the developer pays for line extensions and a switchyard that serve only the campus.

    azcc.gov
  20. UtilitySalt River ProjectFeb 2025In force
    SRP large-customer price plan (E-67) and integration process

    New accounts with at least 20 MW of forecast load are billed on the greater of actual demand or 80% of forecast load. Under the Large Customer Integration Process they pay up front for the upgrades a study identifies.

    srpnet.com

Arkansas

Light ↑ TighteningState incentives expanded in 2025; county moratoria spreading in 202613 items
10in force
3pending
4local pauses
intact, with conditionstax break
2.1combined index (5 most)
7.8cper kWh, industrial
2 November 2026reviewed
Regulation2.0 / 5
  1. Grid connection1

    No connection, own-power or reliability rule in force; large loads are handled through case-by-case utility contracts.

  2. Power rates2

    Only the Entergy-Google special contract (Docket 25-055-P, approved by early 2026) sets minimum bills; no general large-load tariff exists.

  3. Siting and land use3

    Pulaski County's 27 Oct 2026 ordinance makes large data centers a conditional heavy industrial use with a 500-foot setback; four rural counties paused.

  4. Tax treatment2

    Act 548, effective 1 Oct 2025, widened the sales tax exemption to $100 million of investment with a $1 million payroll test; it stays intact.

  5. Permits and water2

    Pulaski County's Oct 2026 ordinance lets the county set per-project water and power limits and requires a funded decommissioning plan; no state rule.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

State policy favours data centers: Act 548 of 2025 cut the investment needed for the sales tax exemption (which covers electricity) to $100 million, and the Generating Arkansas Jobs Act lets utilities charge for new generation while it is built. The Public Service Commission has approved a special rate contract for Google's West Memphis campus, and there is no general large-load tariff or state rule on self-supplied power that could be confirmed. Resistance is local. Five counties, including Independence (five years) and Madison (three years), have passed moratoria, Fayetteville and Little Rock have adopted regulations, and Pulaski County, the most populous, enacted a conditional use ordinance for large data centers on 27 October 2026 by overriding the county judge's veto; the developer of a campus near Wrightsville sued two days later. The governor has not moved to restrict projects.

Outlook

Pulaski County's data center ordinance, 26-OR-19, has been in force since the quorum court overrode County Judge Barry Hyde's veto 10-4 on 27 October 2026, and AVAIO Digital's suit to block it, filed in the US District Court for the Eastern District of Arkansas on 29 October 2026, is pending; the county judge's office is on the November 2026 ballot. Entergy Arkansas's second-phase Google contract, about $600 million of batteries, a 440 MW solar purchase and transmission paid by Google, goes to the Public Service Commission for approval with service expected in 2028, and Entergy's general rate case (Docket 26-001-U) has an evidentiary hearing on 4 and 5 November 2026 with rates requested from January 2027. The 2027 regular session opens in January, and a non-binding interim resolution encouraging a statewide moratorium, sponsored by the Democratic nominee for governor, Sen. Fred Love, is before the Insurance and Commerce committees. Madison County's moratorium runs to 31 August 2029, the Union and Carroll county pauses to about June 2027 and Russellville's to about January 2027.

Grid: MISO, SPPReviewed 2 November 2026Research confidence: Medium

Arkansas: full entry, every item and its source →

  1. LocalPulaski CountyOct 2026In force
    Pulaski County: moratoria fail, regulatory ordinance enacted over veto

    Repeated one-year moratorium attempts since May 2026 fell short, including a 26 May 2026 emergency ordinance recorded as passed 10-4-1 and later found to have failed 8-6-1 against the 10 votes needed, and a further moratorium voted down on 28 July 2026. On 22 September 2026 the quorum court instead passed 11-4 an ordinance sponsored by Justice Julie Blackwood that classifies large data centers as heavy industrial uses needing a conditional use permit. County Judge Barry Hyde vetoed it in September and on 27 October 2026 the court overrode the veto 10-4, enacting Ordinance 26-OR-19. AVAIO Digital's campus near Wrightsville is covered and sued the county on 29 October 2026.

    katv.com
  2. LocalPulaski CountyOct 2026In force
    Pulaski County enacts data center ordinance over county judge veto; developer sues

    On 27 October 2026 the Pulaski County Quorum Court voted 10-4, with one member absent, to override County Judge Barry Hyde's September veto, enacting Ordinance 26-OR-19 for high-intensity digital infrastructure uses in unincorporated areas. The ordinance classifies large data centers as heavy industrial uses requiring a conditional use permit, requires applicants to show no undue burden on the grid, water supply or other infrastructure, sets noise limits and a 500-foot residential setback, lets the county set project-specific limits on power and water use, requires review of expansions and a funded decommissioning plan, and does not grandfather AVAIO Digital's planned 760-acre campus near Wrightsville. On 29 October 2026 ADP Little Rock Data Hub LLC (AVAIO) sued the county, Hyde and sponsor Julie Blackwood in the US District Court for the Eastern District of Arkansas seeking to block enforcement.

    katv.com
  3. CourtPulaski CountyOct 2026Pending
    AVAIO sues Pulaski County over data center ordinance 26-OR-19

    On 29 October 2026 ADP Little Rock Data Hub LLC, the AVAIO Digital entity behind a planned campus near Wrightsville, sued Pulaski County, County Judge Barry Hyde and Justice Julie Blackwood in the US District Court for the Eastern District of Arkansas. The complaint says Ordinance 26-OR-19, enacted by a 10-4 veto override on 27 October 2026, targets the project, conflicts with state and federal authority over electricity and violates the company's constitutional rights; AVAIO says it received final site plan approval on 11 August 2026. It seeks a declaration that the ordinance is unlawful, an order blocking enforcement, damages and records it says were withheld under the Freedom of Information Act.

    katv.com
  4. UtilityEntergy ArkansasOct 2026Pending
    Entergy and Google second-phase contract for West Memphis expansion

    On 19 October 2026 Entergy Arkansas announced a second phase of its Google partnership covering about $600 million of investment and a power purchase agreement, all paid by Google under a new contract: a 1,000 MWh battery at Driver Solar near Osceola, a 400 MWh battery near Hot Springs, a 440 MW solar purchase from the Big Island facility in Mississippi County, and substation and 230 kV transmission additions near West Memphis. Entergy says the resources will not be charged through the Generating Arkansas Jobs Act rider and will bring at least $500 million in customer savings over 20 years from 2028. The agreement is to be submitted to the Public Service Commission for approval with an expected in-service date of 2028.

    talkbusiness.net
  5. State lawSep 2026In force
    Joint Energy Committee questions Entergy on data center costs and GAJA rider

    On 15 September 2026 the Joint Energy Committee, chaired by Sen. Mark Johnson, questioned Entergy Arkansas and Google about the West Memphis contract and a Generating Arkansas Jobs Act rider added to bills in June 2026 that adds about $5 a month for an average residential customer, roughly a third of it for the $1.6 billion Cypress Solar project; the rider also funds the Ironwood and Jefferson power stations. Entergy said Google will pay more than $2.1 billion over 20 years under its Fair Share Plus structure and that the rider is a timing difference rather than a cost shift. Entergy had sued the Arkansas Democrat-Gazette over publication of contract details; a federal judge refused an emergency order on 2 September 2026.

    katv.com
  6. LocalMadison CountyAug 2026In force
    Madison County three-year moratorium

    The quorum court voted unanimously on 17 August 2026 for a three-year data center moratorium that runs through 31 August 2029, making it the fifth Arkansas county with one. The county has no known projects.

    katv.com
  7. LocalFayettevilleAug 2026In force
    Fayetteville data center restrictions

    The city council tightened rules passed earlier in summer 2026: developers must supply more documentation, meet wastewater pretreatment rules, use battery storage rather than generators as primary backup, and get a permit amendment for any expansion.

    newsfromthestates.com
  8. LocalIndependence CountyAug 2026In force
    Independence County five-year moratorium

    The quorum court unanimously passed a five-year data center moratorium in August 2026, the longest in the state.

    lailluminator.com
  9. State lawAug 2026Proposed
    Interim resolution encouraging a statewide moratorium

    On 21 August 2026 a state senator, who is the Democratic nominee for governor, proposed a non-binding interim resolution encouraging a moratorium on data center development while the state writes standards. The Legislative Council referred it to the Insurance and Commerce committees.

    newsfromthestates.com
  10. LocalUnion County, Carroll County, RussellvilleJun 2026In force
    One-year county pauses and a six-month city pause

    Union and Carroll counties each passed a one-year pause in June 2026, and Russellville passed a six-month pause on approving data centers in July 2026. Little Rock adopted data center regulations in June 2026 instead of a moratorium.

    lailluminator.com
  11. RegulatorEntergy ArkansasDec 2025In force
    PSC approves Entergy special rate contract for Google (Docket 25-055-P)

    The Public Service Commission approved a special rate contract in Docket 25-055-P for Entergy Arkansas to serve Google's $4 billion West Memphis data center, under which Entergy says Google pays more than $2.1 billion over 20 years and covers its full cost to serve through up-front capital and minimum annual demand payments, a structure Entergy calls Fair Share Plus. Records obtained by news outlets in September 2026 showed a $526 million up-front payment toward the $1.6 billion Cypress Solar and battery project and $190 million for transmission. Arkansas handles large loads through case-by-case contracts of this kind; Entergy also began billing a Generating Arkansas Jobs Act rider in June 2026 that adds about $5 a month for an average residential customer for three unfinished generation projects, which lawmakers questioned on 15 September 2026.

    katv.com
  12. State lawApr 2025In force
    Act 548 of 2025 (HB 1444): wider data center sales tax exemption

    Effective 1 October 2025. Cuts the qualifying investment from $500 million to $100 million, adds a category for multi-site campuses investing $2 billion, keeps electricity exempt, lets indirect pay count toward the $1 million payroll test, and excludes crypto mining. The exemption was created by Act 819 of 2023.

    kutakrock.com
  13. State lawMar 2025In force
    Generating Arkansas Jobs Act of 2025 (Act 373, SB 307)

    Became law on 20 March 2025. Lets utilities bill customers for new power plants and other strategic investments while they are being built instead of after they enter service; Entergy Arkansas is using it for generation tied to data center growth.

    arkleg.state.ar.us

California

Moderate ↑ TighteningSeven data center laws signed September 2026; local moratoria spreading21 items
18in force
2pending
8local pauses
narrowedtax break
3.3combined index (5 most)
24.1cper kWh, industrial
2 November 2026reviewed
Regulation3.4 / 5
  1. Grid connection3

    Interim Rule 30 (24 July 2025) makes transmission loads prepay facilities with no interim refunds; Silicon Valley Power closed to new data centers in 2023.

  2. Power rates4

    SB 886, AB 2383 and SB 1168 (signed 21 Sept 2026) order cost-causation tariffs by 1 Jan 2028 with 10-year minimums, collateral and exit fees.

  3. Siting and land use4

    SB 887 (21 Sept 2026) removes CEQA exemptions statewide; pauses or bans are in force in LA County, Imperial County, San Francisco, Oakland and San Diego.

  4. Tax treatment3

    California has no data center sales tax exemption and no in-force action on one, so nothing to lose and nothing to gain.

  5. Permits and water3

    AB 1577 requires annual energy, generator fuel and noise reports and AB 2619 water-use estimates at licensing (signed 21 Sept 2026); no limits yet.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

On 21 September 2026 Governor Newsom signed seven bills that end CEQA exemptions for data centers, require energy and water reporting, and order the Public Utilities Commission and utilities to adopt data center tariffs by 1 January 2028. No data center bill was vetoed in 2026. California has no data center sales tax exemption, and a 2025 bill to create a partial one (SB 58) died in committee. PG&E connects transmission-level loads under an interim Rule 30 that makes the customer pay up front, with refund and cost-allocation terms still undecided. Local governments are moving faster than the state: Food & Water Watch counts at least 26 local resolutions, moratoria or bans passed or proposed since June 2026. Monterey Park voters banned data centers, San Francisco and Oakland adopted 45-day moratoria on 6 October 2026, and Imperial County reinstated its pause on 6 October 2026 after a court struck down the first one in September.

Outlook

The CPUC's final Rule 30 decision is pending after comments closed on 4 September 2026, and its SB 57 cost-shift assessment is due by 1 January 2027. The statutory data center tariffs are due by 1 January 2028, the same date the AB 2469 water supply assessments begin. The San Francisco pause runs 45 days from the mayor's 16 October 2026 signature, Oakland's from its 6 October adoption and San Diego's from its 27 October adoption; all can be extended under Government Code 65858, and San Diego's staff have 180 days to bring recommendations. Richmond's 45-day pause ended around 30 October 2026 and Gilroy's around 29 October 2026; extensions have been reported but not confirmed at a city record. San Jose's large energy project standards are due for council readings on 8 and 15 December 2026. Alhambra votes on a data center measure on 3 November 2026. Imperial County's advisory board reports in January 2027, and two supervisors want a ballot measure on a county ban. Los Angeles County postponed its vote on a permanent hyperscale ban. CAISO's board approved its large-load framework on 28 October 2026 and will file it at FERC by 16 November.

Grid: CAISOReviewed 2 November 2026Research confidence: High

California: full entry, every item and its source →

  1. LocalSan FranciscoOct 2026In force
    San Francisco 45-day data center moratorium

    Supervisors voted 11-0 on 6 October 2026 for a 45-day urgency moratorium (Ordinance 215-26) on data center approvals while the city studies energy, water, air quality and land use effects. Mayor Lurie signed it on 16 October 2026, which made it effective. It can be extended under Government Code 65858 for up to 22 months and 15 days.

    hklaw.com
  2. LocalSanta ClaraOct 2026In force
    Santa Clara year-long review; Silicon Valley Power closed to new data centers

    The city hosts 56 data centers and collects about $35 million a year in taxes from them. Its municipal utility stopped accepting new data center applications in 2023, and in October 2026 the city began a year-long interdepartmental review before updating local rules. A council item would have staff report within 30 days on power allocation, with a moratorium on new stand-alone data centers as an option.

    ktvu.com
  3. LocalImperial CountyOct 2026In force
    Imperial County moratorium struck down, then reinstated

    The county adopted a 45-day urgency moratorium in June 2026 and on 14 July 2026 extended it to 365 days, with zoning recommendations from a new advisory board due by January 2027. A Superior Court judge struck that moratorium down in September 2026 on developer Sebastian Rucci's challenge, finding no showing of an immediate threat. On 6 October 2026 the Board of Supervisors unanimously adopted a new interim moratorium citing water supply, local energy production and a court-ordered environmental review, and two supervisors are pressing for a ballot measure to ban data centers on county land.

    kpbs.org
  4. LocalOaklandOct 2026In force
    Oakland 45-day data center moratorium

    The city council voted 7-0 on 6 October 2026 for a 45-day urgency moratorium (Ordinance 13899) on all new data center development across the city, effective immediately; the certified ordinance was filed on 13 October 2026. The city will use the period to study policy options and development standards. Counting 45 days from adoption, it runs to about 20 November 2026, and the city has said it will likely pursue an extension.

    ktvu.com
  5. Grid operatorCAISOOct 2026In force
    CAISO Large Loads Initiative draft final proposal

    CAISO posted a draft final proposal and draft tariff language for its Large Loads Initiative on 24 September 2026, with a stakeholder meeting on 19 October 2026. It responds to FERC's June 2026 show-cause order on transmission service for large loads. The CAISO Board of Governors approved the proposal on 28 October 2026, with a single flexible interim interconnection service, and the tariff filing goes to FERC by 16 November 2026.

    publicpower.org
  6. LocalSan DiegoOct 2026In force
    San Diego 45-day data center moratorium

    The City Council voted unanimously on 27 October 2026 for a 45-day moratorium on the permitting, approval and development of data centers within city limits, which the council may extend for nearly two years. Mayor Todd Gloria had signed an executive order pausing data center development, and staff have 180 days to bring preliminary recommendations guided by a Data Center Stakeholder Working Group, with land development code amendments planned for 2027. Council amendments ask that a future framework include council notification within seven days of any proposal, no costs imposed on residents, project labor agreements, renewable supply and minimum distances from schools, parks and child care centers. A 400 MW proposal floated for the 70-acre Navy-owned NAVWAR site in Old Town is on federal land, so the city pause does not bind it.

    kpbs.org
  7. LocalSan JoseOct 2026Proposed
    San Jose large energy project development standards

    San Jose is drafting a Large Energy Projects Uniform Development Standards council policy and related ordinances instead of a moratorium. A community meeting was held on 15 October 2026, Planning Commission review is set for 18 November 2026 and council readings for 8 and 15 December 2026, with an effective date 30 days after the second reading.

    hklaw.com
  8. State lawSep 2026Approved, not yet effective
    SB 887: CEQA review for all data centers

    Signed 21 September 2026. Removes CEQA categorical exemptions so every data center needs at least an initial study, even where zoning allows it by right. Streamlined court review is limited to projects that pay full interconnection costs, add no net fossil fuel use, provide four hours of zero-carbon storage at full peak demand, use recycled water and sign a community benefits agreement.

    mayerbrown.com
  9. State lawSep 2026Approved, not yet effective
    SB 886, AB 2383 and SB 1168: mandatory data center tariffs

    Signed 21 September 2026. The CPUC must set tariffs by 1 January 2028 so data centers pay their infrastructure and generation costs, with 10-year minimum payments, upfront collateral and an early termination fee for loads that leave within 10 years or fail to ramp. AB 2383 sets the size threshold at no more than 25 MW and extends the generation tariff duty to community choice aggregators and electric service providers.

    mayerbrown.com
  10. State lawSep 2026Approved, not yet effective
    AB 1577: energy and noise reporting

    Signed 21 September 2026. Data centers must disclose estimated energy use, on-site generation and sound levels to local agencies at permitting, and report each year to the Energy Commission on power usage effectiveness, generator fuel, cooling, clean energy procurement and noise.

    mayerbrown.com
  11. State lawSep 2026Approved, not yet effective
    AB 2619 and AB 2469: water reporting and supply plans

    Signed 21 September 2026. AB 2619 requires a water-use estimate before a business license and actual use at renewal; it is close to AB 93, which was vetoed in 2025. From 1 January 2028 AB 2469 requires a water supply assessment and scarcity plan and makes the applicant pay the full cost of water system upgrades.

    mayerbrown.com
  12. LocalLos Angeles CountySep 2026In force
    Los Angeles County ban in unincorporated areas

    The county has a temporary ban on data center development in unincorporated areas, issued as planning department guidance in September 2026, while it works to codify a prohibition in the zoning code. In October 2026 the Board of Supervisors postponed its vote on a permanent ban on hyperscale data centers after heavy public feedback.

    mayerbrown.com
  13. CourtImperial CountySep 2026In force
    Court orders CEQA review of 950,000 sq ft Imperial data center

    In City of Imperial and Sierra Club v. Imperial County, Judge L. Brooks Anderholt issued a tentative ruling on 31 August 2026 that the county abused its discretion by approving a lot merger for Sebastian Rucci's 950,000 square foot data center before completing CEQA review of the whole project. The county reported in October 2026 that the court overturned the approval and ordered an environmental review.

    kpbs.org
  14. LocalGilroySep 2026In force
    Gilroy 45-day data center moratorium

    The city council voted unanimously on 14 September 2026 for an interim urgency ordinance that bars accepting, processing or approving new data center applications for 45 days. It exempts the Amazon data center already under construction but applies to a possible second Amazon facility. State law allows extensions to a total of two years.

    nbcbayarea.com
  15. LocalRichmondSep 2026In force
    Richmond 45-day data center moratorium

    The city council adopted a 45-day urgency moratorium on data centers on 15 September 2026 so officials can study impacts and consider permanent rules. It ends around 30 October 2026 unless extended.

    nbcbayarea.com
  16. RegulatorPG&EAug 2026Pending
    Electric Rule 30 final decision still pending (A.24-11-007)

    An administrative law judge ruling of 7 August 2026 asked parties how FERC's 18 June 2026 show-cause order on large-load transmission service affects Rule 30. Reply comments closed on 4 September 2026, after which the record was to be submitted for a final decision on refunds and cost allocation. No proposed decision had been issued as of 27 October 2026.

    docs.cpuc.ca.gov
  17. LocalMonterey ParkJun 2026In force
    Measure NDC: voter-approved data center ban

    Voters approved a citywide ban in the June 2026 election with about 86% in favor in early counts, described as the first data center ban passed by public vote in the US. Montebello, El Monte and Baldwin Park have temporary moratoria and Alhambra banned data centers in a zoning update.

    govtech.com
  18. RegulatorPG&EJan 2026In force
    CPUC slows refunds on individual data center connection deals

    In approving PG&E's agreements with STACK (Resolution E-5420, 30 October 2025) and Microsoft (Resolution E-5439, 15 January 2026), each 90 MW in San Jose, the CPUC capped annual refunds of customer advances at 75% of actual net revenue and stretched the refund period from 10 to 15 years. The resolutions are non-precedential. PG&E's request for a 250 MW Google load in San Jose (Advice Letter 7785-E) was protested; the draft Resolution E-5455 approving it with a refund cap and cost cap was held from July through September 2026 and set for the 8 October 2026 vote.

    stoel.com
  19. State lawOct 2025In force
    SB 57: CPUC cost-shift assessment

    Signed 11 October 2025. Began as a data center tariff bill and was narrowed to require the CPUC to assess whether data centers shift costs to other customers and to publish the result by 1 January 2027.

    mayerbrown.com
  20. State lawOct 2025Vetoed
    2025 bills that did not pass: AB 93, AB 222, SB 58

    The governor vetoed AB 93 (water-use reporting) in October 2025. AB 222 (energy reporting to the Energy Commission) was held in Senate Appropriations, and SB 58 (a partial tax exemption for data center equipment tied to renewable investment) died in committee.

    mayerbrown.com
  21. RegulatorPG&EJul 2025In force
    Interim Electric Rule 30 (D.25-07-039)

    Approved 24 July 2025. Lets PG&E connect transmission-level customers now if they pay the cost of their facilities up front and may prefund network upgrades. Refunds are denied during the interim period and left to the final decision.

    stoel.com

Colorado

Light ↑ TighteningNo state law; Denver and other localities impose moratoria16 items
8in force
5pending
5local pauses
narrowedtax break
2.7combined index (5 most)
10.0cper kWh, industrial
2 November 2026reviewed
Regulation2.0 / 5
  1. Grid connection1

    No state or utility connection rule in force; Longmont's June 2026 cap of 100 MW on data center load is the only local limit and covers a small market.

  2. Power rates2

    Xcel's large-load tariff (Proceeding 26AL-0137E, filed 2 April 2026) with 15-year contracts and 80% minimums is still pending, so no binding terms exist.

  3. Siting and land use3

    Denver's one-year pause (18 May 2026) plus Jefferson, Larimer and Boulder counties and Broomfield reach the main market, but Aurora and Weld stay open.

  4. Tax treatment3

    No state data center sales tax exemption exists after HB26-1030 died in May 2026; only Douglas County's Aug 2026 Flexential rebate, so nothing to lose or gain.

  5. Permits and water1

    No water, air permit or disclosure rule for data centers is in force at state or local level.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Colorado has no data center sales tax exemption: the industry-backed incentive bill (HB26-1030) and the competing regulation bill (SB26-102) both died in May 2026. Local governments then acted on their own, with Denver adopting a one-year moratorium and Lochbuie a five-year one, alongside pauses in Jefferson, Larimer and Boulder counties, Broomfield, Woodland Park and Monument, and in October 2026 Brighton (one year) and Lafayette (18 months) joined them. Xcel Energy proposed a large-load tariff in April 2026 for customers of 50 MW or more, which needs Public Utilities Commission approval.

Outlook

The commission's decision on Xcel's large-load tariff (Proceeding 26AL-0137E) is the main regulatory item to watch; the evidentiary hearing ran from 21 to 28 October 2026 and no decision date is listed. Littleton holds the public hearing and second reading on its six-month pause on 3 November 2026 after a 7-0 first reading, and Fort Collins needs a second vote on a six-month pause for sites of 10 MW or more. Aurora's indefinite moratorium failed 6-5 on 26 October 2026 because reviving a rejected resolution needs two thirds; Mayor Coffman says he will bring it back, and zoning changes with a 750-foot residential setback and conditional approval out to half a mile advanced the same night for a later vote. Brighton's one-year moratorium and Lafayette's 18-month moratorium were adopted on 20 October 2026. Colorado Springs postponed its decision on Project Taurus to 13 April 2027. Sen. Cathy Kipp has filed for a new data center bill in the session starting January 2027, when Governor Polis, who backed a permanent exemption, leaves office. Existing pauses expire through 2027: Larimer County on 25 February, Jefferson County in March and Denver in May.

Grid: SPP, The West outside CaliforniaReviewed 2 November 2026Research confidence: Medium

Colorado: full entry, every item and its source →

  1. LocalBrightonOct 2026In force
    One-year moratorium adopted

    The city council gave first-reading approval on 6 October 2026 and adopted the ordinance unanimously on second reading on 20 October 2026. It halts intake, review and approval of permits, licences, zoning and other land use requests for data centers for one year from the effective date, with a possible 90-day extension while the city writes land use rules covering water, wastewater and electric power. The same week as first reading, developers withdrew a rezoning application for a 2.5 million square foot, eight-building campus in northeast Brighton.

    brightonco.gov
  2. LocalLafayetteOct 2026In force
    18-month moratorium on new data center applications

    On 20 October 2026 the city council passed an 18-month moratorium on new data center applications, the same night Brighton adopted its one-year pause.

    cbsnews.com
  3. UtilityXcel Energy (Public Service Company of Colorado)Oct 2026Pending
    Proposed large-load tariff

    Filed 2 April 2026 after a commission order, now PUC Proceeding 26AL-0137E. For loads of 50 MW or more (customers of 20 to 50 MW may also be covered): a 15-year contract, payment for at least 80% of contracted power, a security deposit equal to six months of service and an exit fee equal to all remaining minimum bills, plus a clean transition component and expedited approval of new generation. Xcel expects to need 950 MW of new generation for these customers in five years. The commission held public comment hearings on 25 August and 20 October 2026 and an evidentiary hearing on 21, 22, 26, 27 and 28 October 2026; the decision date is listed as to be determined.

    puc.colorado.gov
  4. LocalLittletonOct 2026Pending
    Six-month moratorium passes first reading

    Ordinance 22 of 2026 passed first reading 7-0 on 20 October 2026. It would bar the city from accepting, processing or approving rezoning, site plan, subdivision, use, building permit or other land use applications to establish, build or expand data centers for six months from the effective date, or until a data center ordinance takes effect, while staff study land use, energy, water, noise, air quality, infrastructure and economic impacts. Applications deemed complete before first reading and projects with vested rights are exempt. The public hearing and second reading are set for 3 November 2026.

    littletonco.gov
  5. LocalAuroraOct 2026Failed
    Indefinite moratorium fails for a second time

    After the council voted down a six-month moratorium on 10 August 2026, an indefinite halt on new data center applications came back on 26 October 2026 with Mayor Mike Coffman's support. It drew six yes votes to five no votes but needed a two-thirds majority to revive a previously rejected resolution, so it failed. Coffman said he would bring it forward again. It would not have affected Vantage's Trident application filed 25 August 2025, which has completed two city reviews with a third under way.

    coloradopolitics.com
  6. LocalFort CollinsOct 2026Proposed
    Six-month moratorium for data centers of 10 MW or more passes first reading

    On 20 October 2026 the city council held first reading of a six-month moratorium on data centers of 10 MW or larger. A second vote and public hearing are needed before it takes effect.

    cbsnews.com
  7. LocalAuroraOct 2026Proposed
    Zoning setbacks for data centers advance

    At a study session on 26 October 2026 the council advanced zoning changes that would bar data centers within 750 feet of residential zones, require conditional council approval between 750 feet and half a mile, and allow them by right at half a mile or more. The changes need approval at a future regular meeting.

    coloradopolitics.com
  8. LocalColorado SpringsSep 2026Pending
    Project Taurus decision postponed to April 2027

    On 17 September 2026 the city council voted 7-2 to postpone its final decision on Raeden's 50 MW AI data center at a former chip plant until 13 April 2027, giving the developer time to negotiate a large-load contract with Colorado Springs Utilities and the city time to draft rules for future data centers.

    coloradopolitics.com
  9. LocalDouglas CountyAug 2026In force
    Business personal property tax rebate for Flexential Parker data center

    On 11 August 2026 county commissioners unanimously approved a business personal property tax rebate estimated at $19 million over 35 years for Flexential's Parker data center, which is expected to create 16 jobs. Flexential will keep paying full real property taxes and utility rates and fund its own grid upgrades; the town of Parker approved the project itself.

    denver7.com
  10. LocalLochbuie, Broomfield, Woodland Park, MonumentJul 2026In force
    July 2026 wave of municipal moratoria

    Lochbuie approved a five-year moratorium, the longest in the state. Broomfield passed an 18-month moratorium on data centers of 10 MW or more, Woodland Park an 18-month pause and Monument a six-month pause.

    kunc.org
  11. LocalLongmontJun 2026In force
    Cap on data center energy use

    In June 2026 the council capped data center energy use at 5% of the regional grid, or 100 MW, aimed at hyperscale sites.

    kunc.org
  12. LocalJefferson, Larimer and Boulder countiesJun 2026In force
    County moratoria

    Jefferson County extended its moratorium to March 2027 on 19 May 2026, Larimer County extended its own to February 2027, and Boulder County enacted a six-month moratorium at the start of June 2026.

    kunc.org
  13. LocalDenverMay 2026In force
    One-year moratorium on new data centers

    Approved unanimously on 18 May 2026. It does not stop existing operations or projects already permitted. A working group will study noise, air pollution, energy use and zoning.

    kunc.org
  14. State lawMay 2026Failed
    SB26-102: data center regulation bill dies

    Would have offered no tax break and required new large data centers to match 100% of their use with renewable energy by 2031, cover their full infrastructure costs through long-term utility contracts and carry out community impact analyses. A Senate committee killed it on 11 May 2026 at the sponsor's request; she plans to bring it back in 2027.

    coloradopolitics.com
  15. State lawMay 2026Failed
    HB26-1030: sales tax exemption bill dies

    Would have given a 20 to 30 year sales and use tax exemption in return for $250 million of investment in five years, jobs at 110% of the local average wage and closed-loop cooling. The House Energy and Environment Committee postponed it indefinitely on 7 May 2026; a similar bill failed in 2025.

    coloradosun.com
  16. LocalWeld CountyApr 2026In force
    Zoning update allows data centers under 50 MW

    In April 2026 the county changed its zoning to allow data centers under 50 MW in certain industrial areas, subject to special review with a public hearing.

    kunc.org

Connecticut

Minimal ↑ TighteningIncentive law on paper, governor says no to big AI campuses10 items
3in force
3pending
1local pause
intact, with conditionstax break
2.0combined index (5 most)
16.2cper kWh, industrial
2 November 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    No connection or own-power rule in force; HB 5469's bring-your-own-power mandate died without a floor vote in May 2026.

  2. Power rates1

    No large-load tariff or contract standard exists; the Millstone-adjacent proposals stalled and no tariff proceeding is open.

  3. Siting and land use2

    East Lyme's zoning ban (24 Oct 2026) and New Haven's 12-month pause adopted Sept 2026 are the only local limits; Hartford, Stamford and most towns stay open.

  4. Tax treatment2

    The 2021 sales, use and property tax exemption (PA 21-1) stays intact with its thresholds; SB 245's repeal died in May 2026 and only Cigna has used it.

  5. Permits and water1

    No water, air permit or disclosure rule for data centers is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Connecticut's 2021 law offers long sales, use and property tax exemptions to qualified data centers, but it has drawn only one applicant, Cigna, for an existing facility. Governor Lamont said in September 2026 that very large AI data centers are never going to be in Connecticut and that he would look at a project only if it brought its own power and water, after review by the utility regulator. A 2026 bill, HB 5469, would have required large electric loads to bring their own generation; it cleared committee 26 to 0 but died without a floor vote when the session ended in May 2026, as did SB 245, which would have repealed the 2021 incentive. No large-load tariff is in place and proposals such as the one beside the Millstone nuclear plant have stalled. East Lyme banned data centers by zoning from 24 October 2026 and New Haven adopted a 12-month moratorium in September 2026.

Outlook

The 3 November 2026 governor's race pits Lamont against Republican Ryan Fazio, who wants the 2021 tax breaks repealed and a bring-your-own-power rule; Lamont's office said in October 2026 it is open to changing or ending the credit so hyperscale data centers cannot use it, so the incentive is likely to be revisited in the 2027 session whoever wins. Senate Majority Leader Bob Duff said on 22 October 2026 he will file a statewide moratorium bill for 2027 and Minority Leader Stephen Harding supports a pause and repeal of the incentive. HB 5469 reached the House calendar in April 2026 without a vote, so a bring-your-own-power bill would restart from committee. East Lyme's permanent zoning ban took effect on 24 October 2026, New Haven adopted a one-year moratorium in September 2026 with an exemption for its quantum computing hub, Cromwell's commission rejected a pause in September against a 300 MW fuel-cell proposal, and Waterford's first selectman says the town is no longer interested in the Millstone-adjacent project. No PURA large-load tariff docket for Eversource or United Illuminating was found.

Grid: ISO-NEReviewed 2 November 2026Research confidence: Medium

Connecticut: full entry, every item and its source →

  1. LocalEast LymeOct 2026In force
    Zoning commission bans data centers

    The zoning commission voted unanimously in October 2026 to prohibit traditional data centers, AI data centers and data center accessory uses town-wide. The change is a permanent zoning amendment rather than a moratorium and took effect on 24 October 2026. The commission cited water supply, noise and effects on nearby residents, and the town reports that no data center had been proposed there.

    wfsb.com
  2. State lawOct 2026Proposed
    Senate majority leader to file statewide data center moratorium bill

    Senate Majority Leader Bob Duff announced at a press conference in Groton on 22 October 2026 that he will introduce legislation in the 2027 session to pause new data centers until the state sets rules on power use, electricity costs and environmental protections. Senate Minority Leader Stephen Harding said he would support some form of pause and repeal of the 2021 tax incentive. No bill text has been published.

    wfsb.com
  3. LocalNew HavenSep 2026In force
    12-month moratorium on data centers adopted

    Alder Richard Furlow introduced an ordinance barring city departments from accepting or approving applications for new data centers or conversions of existing buildings for 12 months while the city studies the industry and drafts zoning rules. The Board of Alders Legislation Committee recommended it on 4 August 2026 with amendments exempting quantum computing and life sciences research facilities. CT Mirror reported on 25 October 2026 that the one-year moratorium passed in September 2026 with an exemption for the city's existing quantum computing hub.

    ctmirror.org
  4. ExecutiveSep 2026Proposed
    Governor rules out very large AI data centers

    On September 7, 2026 Lamont said a 1,500-acre AI data center will never be in Connecticut, that he would consider case by case a project supplying its own power and water after regulator review, and that towns have the final say through zoning. No executive order was issued.

    wshu.org
  5. State lawSep 2026Proposed
    Call to repeal the data center tax incentive

    Republican candidate for governor Ryan Fazio called on September 3, 2026 for an end to tax breaks for large data centers and for a bring-your-own-power rule. East Lyme residents are opposing a proposed AI data center in their town.

    wfsb.com
  6. LocalCromwellSep 2026Failed
    Planning and Zoning Commission rejects one-year moratorium

    The Planning and Zoning Commission considered and rejected a proposed one-year data center moratorium in September 2026, with minutes dated 24 September 2026. Global Common proposes a 300 MW facility of about 550,000 square feet on more than 150 acres, powered by fuel cells fed by a buried gas pipeline. An online petition against the project drew more than 1,500 signatures.

    ctmirror.org
  7. State lawMay 2026Failed
    HB 5469, bring your own power for large loads

    The Energy and Technology Committee held a public hearing on 12 March 2026 and reported the bill favorably 26 to 0 on 19 March 2026. It was reported out of the Legislative Commissioners' Office as File No. 421 and placed on the House calendar as Calendar No. 305 on 7 April 2026, but neither chamber called it for a vote and it died when the session ended on 6 May 2026. The bill would have required large electric load customers to show generation sufficient to meet their own demand and would have licensed colocated electric suppliers through PURA.

    ctmirror.org
  8. State lawMay 2026Failed
    SB 245: repeal of the 2021 data center tax incentive dies

    The bill would have eliminated the sales, use and property tax exemptions for qualified data centers enacted in 2021 under Public Act 21-1. The Energy and Technology Committee heard it on 24 February 2026 and reported it favorably with a change of reference to the Finance, Revenue and Bonding Committee on 17 March 2026, but it was never taken up before the session ended on 6 May 2026. Only one company, Cigna, has used the incentive since 2021.

    prdext3.cga.ct.gov
  9. State lawMar 2026Failed
    HB 5469 committee report

    The Energy and Technology Committee voted 26 to 0 on 19 March 2026 to report HB 5469 favorably. The bill was filed with the Legislative Commissioners' Office on 20 March 2026 and reached the House calendar on 7 April 2026 as Calendar No. 305, but it was not taken up by either chamber before adjournment on 6 May 2026 and no public act resulted.

    fastdemocracy.com
  10. State lawMar 2021In force
    2021 data center incentive law remains in force

    Public Act 21-1, signed on 4 March 2021, exempts qualified data centers from sales and use taxes for projects investing at least 200 million dollars, or 50 million dollars in an enterprise zone or federal opportunity zone, and exempts improvements from local property tax subject to a host fee agreement with the municipality, under agreements running 20 or 30 years. DECD has reviewed only two applications since the program began and none in 2026. The only user is Cigna, whose 386 million dollar renovation of an existing Windsor data center saved an estimated 17 million dollars of 21 million dollars in sales taxes through 1 July 2025.

    ctmirror.org

Delaware

Extensive ↑ TighteningBring-your-own clean power law signed; Project Washington blocked14 items
11in force
2pending
1local pause
paused or sunsettax break
5.0combined index (5 most)
10.4cper kWh, industrial
2 November 2026reviewed
Regulation4.0 / 5
  1. Grid connection5

    HB 445, signed 26 Aug 2026, makes data centers build their own generation, 25% before connecting; the PSC paused Delmarva connections above 25 MW in Oct 2025.

  2. Power rates4

    HB 233, signed 26 Aug 2026, puts large loads in a separate rate class with an incremental cost test, exit fees, bonding and first curtailment.

  3. Siting and land use4

    The Coastal Zone Act ruling killed the 1,200 MW Project Washington; New Castle and Kent counties set buffers; Dover paused sites above 30 MW on 12 Oct 2026.

  4. Tax treatment4

    HB 310, signed Aug 2026, cuts data centers off from job-creation tax credits unless they bring their own generation; Delaware has no sales tax to exempt.

  5. Permits and water3

    SB 312, signed 26 Aug 2026, bars state and local governments from signing NDAs with data center developers; SB 308 adds load forecast oversight.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Governor Meyer signed a package on 26 August 2026 that puts large loads in a separate, higher rate class (HB 233), requires data centers to build new generation that meets renewable portfolio standards within 10 years (HB 445), restricts job-creation tax credits for them (HB 310) and bars state and local governments from signing non-disclosure agreements with developers (SB 312). The Public Service Commission paused new connections above 25 MW in Delmarva Power territory in October 2025 until a large-load tariff is in place, and that tariff case (Docket 25-0826) had still not been decided as of late October 2026. The 1,200 MW Project Washington near Delaware City cannot proceed as designed after the state environment agency ruled it violates the Coastal Zone Act and the developer withdrew its court appeal in July 2026. New Castle County adopted data center zoning rules in March 2026, Kent County followed in July 2026, and Dover adopted the state's first moratorium, 18 months for facilities above 30 MW, on 12 October 2026. Delaware has no state sales tax, so there is no sales tax exemption to speak of.

Outlook

The commission still has to finish the Delmarva large-load tariff in Docket 25-0826 and align it with HB 233; its news page listed no decision as of 28 October 2026, and the pause on new connections above 25 MW holds until the tariff is set. Dover's 18-month moratorium on facilities above 30 MW, adopted unanimously on 12 October 2026, runs to about April 2028. Kent County's attorney is reviewing whether a county moratorium or ban is legally possible and one commissioner is pursuing removal of by-right approval. Starwood says it is working with regulators and the community on a path forward for Project Washington but has not said how it could proceed; Delmarva's records list a 300 MW New Castle County request and a 100 MW Kent County request pending cluster study. Delmarva's base rate case (Docket 25-1555) held public comment sessions on 20 and 21 October 2026. SB 308 requires the commission to report on Delmarva's load forecasts by 1 May each year.

Grid: PJMReviewed 2 November 2026Research confidence: Medium

Delaware: full entry, every item and its source →

  1. LocalDoverOct 2026In force
    18-month moratorium on data centers adopted

    Dover City Council voted unanimously on 12 October 2026 to adopt Councilwoman Donyale Hall's ordinance, the first data center moratorium in Delaware. For 18 months the city will not accept, process, review or approve applications for large energy-use facilities, including data centers above 30 MW, while staff study grid capacity and write permanent rules. No application was pending at the time. The ordinance took effect on approval.

    spotlightdelaware.org
  2. State lawAug 2026In force
    HB 233: separate rate class for large loads

    Signed 26 August 2026. Delmarva Power must put large energy users in their own rate class so they pay their own energy, infrastructure and capacity costs, with early exit fees, bonding, an incremental cost test and first-in-line curtailment at peak. The bill was described in March 2026 as applying from 20 MW.

    whyy.org
  3. State lawAug 2026In force
    HB 445: bring your own generation

    Signed 26 August 2026. Data centers must build new generation to cover their demand within 10 years, with 25 percent in place before connecting, at least 50 percent of backup power from storage, and no coal, peaker or diesel plants for baseload supply.

    sierraclub.org
  4. State lawAug 2026In force
    HB 310: job-creation tax credits restricted for data centers

    Signed 26 August 2026 with the package. Large energy-use facilities can no longer qualify for job-creation business tax credits or license fee reductions. The Sierra Club recap describes the credit as available only to a data center that brings its own generation under HB 445.

    whyy.org
  5. State lawAug 2026In force
    SB 312 and SB 308: no secrecy agreements; load forecast oversight

    SB 312, signed 26 August 2026 and effective on signature, bars state agencies, counties and municipalities from signing non-disclosure agreements about large-scale data centers, defined as those using or capable of using 100 MW or more. SB 308, the Load Forecast Accountability Act, signed 23 July 2026, gives the commission oversight of Delmarva's load forecasts to PJM, requires financial commitments before large loads are counted, stops projects shopped to several states from being double counted and requires an annual commission report by 1 May.

    legis.delaware.gov
  6. State lawAug 2026In force
    SB 326: limits on utility capital spending recovered from ratepayers

    Signed 26 August 2026 alongside the data center package. It limits and adds oversight to non-mandatory capital spending that monopoly utilities such as Delmarva Power can recover from residential ratepayers.

    news.delaware.gov
  7. LocalHarrington (Kent County)Aug 2026Failed
    Council rejects rezoning for a 24 MW data center

    On 17 August 2026 Harrington City Council voted unanimously against a zoning change that would have allowed a 24 MW data center at the former Harrington Logistics property. The city had weighed a data center ordinance for about 10 months. Kent County's ordinance does not apply inside city limits, and the 100 MW Kent County request in Delmarva's records remained unidentified.

    technical.ly
  8. ExecutiveDelaware City (New Castle County)Jul 2026In force
    Project Washington barred under the Coastal Zone Act

    DNREC Secretary Greg Patterson ruled on 4 February 2026 (decision CZA-448SD) that the 1,200 MW campus, with 516 diesel backup generators and about 2.5 million gallons of stored diesel, is prohibited heavy industry in the coastal zone. The Coastal Zone Industrial Control Board upheld the ruling on 26 March 2026 and Starwood Digital Ventures withdrew its Superior Court appeal in early July 2026. Starwood says it is still working with regulators, labor and the community to find a pathway forward.

    newsfromthestates.com
  9. LocalKent CountyJul 2026In force
    Levy Court adopts first data center zoning rules

    On 21 July 2026 Kent County Levy Court unanimously approved an ordinance limiting data centers in unincorporated areas to two industrial zoning districts, with a 300-foot buffer from homes, 6-foot vegetative screening, noise limits and written documentation from water and electric providers. Projects meeting the rules can proceed by right without a hearing; one commissioner is pursuing a change to remove by-right approval and the county attorney is reviewing whether a ban is legally possible. Sen. Eric Buckson's statewide moratorium bill, SB 353, did not get a vote before adjournment.

    wboc.com
  10. State lawDelaware Electric CooperativeJun 2026In force
    SB 276: cooperative need not supply data center power

    Signed before 1 July 2026. The cooperative must build the infrastructure a data center needs if the developer pays for it, but is not obliged to supply electricity to new loads projected above 50 MW. The cooperative's chief executive said he would require such facilities to generate their own power or contract with a third-party supplier.

    legiscan.com
  11. UtilityDelmarva PowerJun 2026Pending
    Large-load requests disclosed in the tariff case

    Delmarva's response to the Public Advocate, obtained by Technical.ly in June 2026, lists four requests under review: 1,200 MW and 300 MW in New Castle County, 100 MW in Kent County and one of undetermined size in New Castle County, plus a withdrawn 30 MW project. The 300 MW and 100 MW requests were pending cluster study. The Kent County developer and site had not been identified as of August 2026.

    technical.ly
  12. LocalNew Castle CountyMar 2026In force
    Data center zoning ordinance adopted

    Adopted 12-0 on 10 March 2026 and signed by County Executive Marcus Henry on 18 March 2026. Data centers must sit 1,000 feet from residential zones, schools and daycare centers (500 feet with a site-specific noise study), open-loop cooling is prohibited, decommissioning funds are required, and screening and bufferyards are required. The original draft's noise and lighting rules were eased. It applies only to applications filed after enactment, so Starwood's Project Washington is exempt unless it opts in.

    delawarepublic.org
  13. RegulatorDelmarva PowerMar 2026Pending
    Large-load tariff case, PSC Docket 25-0826

    Delmarva's proposed tariff applies at 25 MW of peak demand (the utility also floated 50 MW) with upfront financial commitments and terms for projects that shrink or withdraw. Comments ran to 6 April 2026 and the final tariff was due 27 April 2026. Commission staff, DNREC and the Public Advocate filed joint comments on 9 April 2026 asking for a more deliberate process aligned with PJM. No commission decision was listed on the commission's news page as of 28 October 2026.

    technical.ly
  14. RegulatorDelmarva PowerOct 2025In force
    Pause on new large-load connections

    On 15 October 2025 the Public Service Commission granted a staff and Public Advocate petition to open a large-load tariff docket and paused interconnection of new large load facilities, defined as 25 MW or more, in Delmarva Power territory until the tariff is established. Delmarva supported the petition.

    depsc.delaware.gov

District of Columbia

Light → SteadyNo data-center rules or incentives; the District's issue is the power bill2 items
0in force
2pending
0local pauses
narrowedtax break
2.8combined index (5 most)
18.5cper kWh, industrial
2 November 2026reviewed
Regulation1.4 / 5 · no rules
  1. Grid connection1

    No connection, own-power or reliability rule specific to data centers exists in the District.

  2. Power rates1

    No Pepco large-load tariff or data center cost rule; B26-0596 (Feb 2026) is general ratemaking and still pending.

  3. Siting and land use1

    No moratorium, siting or zoning rule for data centers exists in the District.

  4. Tax treatment3

    The District offers no data center tax incentive and has taken no action on one, so nothing to lose and nothing to gain.

  5. Permits and water1

    No water, air permit or disclosure rule for data centers exists in the District.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

The District has no hyperscale campuses announced and is not a target market; regional data center growth sits in Northern Virginia and Maryland. Repeated searches turned up no District legislation, incentive, Pepco large-load tariff, moratorium or rule on self-supplied power that is specific to data centers. The District's exposure is on the bill side: Pepco customers pay PJM capacity costs driven by data center growth elsewhere in the region, a point Councilmember Charles Allen made at a March 2026 meeting of the Metropolitan Washington Council of Governments. The Council's response so far is general ratemaking and affordability legislation, not data center rules.

Outlook

Nothing specific to data centers was found pending in the District as of 2 November 2026. B26-0596, the Council bill to tighten Pepco's multiyear rate plans, had public hearings on 29 June and 2 July 2026 and remains in committee with no vote recorded. The Court of Appeals ruled on 5 March 2026 that the commission approved Pepco's 2024 to 2026 rate plan without proper vetting, and the evidentiary hearing in Formal Case 1176 has been postponed to 7 and 8 December 2026. In the commission's energy affordability investigation, Formal Case 1186, the People's Counsel has asked that transmission upgrade costs be allocated to the large-load customers that cause them and that PJM require deposits or collateral for large-load projects; Formal Case 1183 covers the PJM capacity auction. The Council of Governments planned a further regional session on data center costs with no date set.

Grid: PJMReviewed 2 November 2026Research confidence: Low

District of Columbia: full entry, every item and its source →

  1. LocalDC CouncilJul 2026Pending
    B26-0596, Utility Rates and Ratemaking Amendment Act of 2026 (not specific to data centers)

    Introduced on 13 February 2026 by Councilmember Robert White, the bill would limit Pepco's multiyear rate plans, including by basing increases on historic costs instead of forecast budgets and by barring a utility from seeking a rate increase at the end of a multiyear plan. It was referred to the Committee on Transportation and the Environment on 3 March 2026, which held public hearings on 29 June and 2 July 2026; no committee vote had been recorded as of 2 November 2026. The Public Service Commission separately opened Formal Case 1186, an energy affordability investigation, on 16 January 2026 after a November 2025 petition from the Office of the People's Counsel. Neither sets terms for data centers; they respond to rising bills that analysts link in part to regional data center demand.

    51st.news
  2. RegulatorDC Public Service CommissionJun 2026Pending
    Formal Case 1186: energy affordability investigation (not specific to data centers)

    The Commission opened Formal Case 1186 by Order 22774 on 16 January 2026 after a petition from the Office of the People's Counsel, to examine ways to reduce rising energy costs; the chairman cited load growth, aging grid infrastructure and inflation. Initial comments were due 16 February 2026 and replies 2 March 2026. At a 3 June 2026 legislative-style hearing in the case, the People's Counsel asked that transmission upgrade costs be allocated to the large-load customers that cause them and that PJM require deposits or collateral before large-load projects drive forecasts and spending. The Commission also runs Formal Case 1183 on the impact of the PJM capacity auction.

    dcpsc.org

Florida

Substantial ↑ Tightening2026 law makes 50 MW loads pay full cost; counties pause19 items
15in force
4pending
8local pauses
narrowedtax break
3.4combined index (5 most)
8.9cper kWh, industrial
4 November 2026reviewed
Regulation3.8 / 5
  1. Grid connection3

    SB 484 (1 July 2026) bars tariffs that block curtailment, and FPL's Nov 2025 terms make 50 MW loads fund a study, a substation and 100% of new generation.

  2. Power rates5

    SB 484, in force 1 July 2026, is a statewide full cost-of-service law for 50 MW loads; FPL's compliant tariff adds 20-year terms, minimum bills and exit fees.

  3. Siting and land use4

    Pauses in Palm Beach, Sarasota, Nassau, Manatee, Marion and Pasco and Volusia's 50 MW bar (20 Oct 2026) reach the Tampa and Orlando markets; Miami-Dade open.

  4. Tax treatment3

    HB 7031, effective 1 Aug 2025, narrowed the sales tax exemption to facilities of 100 MW or more with no grandfathering; it runs to June 2037.

  5. Permits and water4

    SB 484's water rules (2026) deny permits that harm water resources, require reclaimed water and force a hearing above 100,000 gallons a day.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Florida enacted SB 484 in May 2026. It requires the Public Service Commission to make customers of 50 MW or more bear their full cost of service, protects local zoning authority, cuts data center projects out of the 12-month confidentiality extension for economic development records and tightens water permitting. The four investor-owned utilities filed tariffs or compliance statements by 1 October 2026; FPL says its 20-year large-load tariff approved in November 2025 already complies, and PSC staff have recommended that Duke Energy Florida's tariff, the first filed under the act, be denied as filed and refiled. The sales tax exemption survives through June 2037 but since August 2025 only for facilities of 100 MW or more. More than a dozen counties have adopted moratoria or bans, including 12-month pauses in Nassau, Sarasota, Palm Beach, Manatee, Marion and Pasco and a Volusia County bar on applications of 50 MW or more.

Outlook

Republican Byron Donalds, projected the winner by the Associated Press on 3 November 2026, succeeds Ron DeSantis in January 2027 with former state senator Bryan Avila, the SB 484 sponsor, as lieutenant governor; Donalds opposes a statewide moratorium, says local governments decide whether data centers are built, and will receive the state study of data center impacts due 1 July 2027. Republicans keep both chambers for the session starting in March 2027 but unofficial results show they lost the House supermajority and may lose the Senate's, which matters mainly for tax and procedural votes rather than for data center bills, which passed SB 484 with wide bipartisan margins. The Public Service Commission voted 5-0 on 3 November 2026 to reject Duke Energy Florida's large-load tariff (Docket 20260064-EI) as not shown to comply with SB 484, and Duke is expected to refile; Tampa Electric's tariff, filed 30 September 2026, expects a decision in late 2026 or early 2027, and FPL's 1 October compliance statement is still to be reviewed. Edgewater voters wrote a ban on new data centers into the city charter on 3 November. County pauses cover Palm Beach, Sarasota, Nassau, Manatee, Marion and Pasco, Volusia has barred applications of 50 MW or more in unincorporated areas since 20 October 2026 and the city of Alachua adopted a one-year pause in late October; Pasco's pause runs to May 2027 and Marion's to September 2027. The Southwest Florida Water Management District must still approve the water supply for the Fort Meade campus.

After the 3 November 2026 election
  • Governor Byron Donalds (R). Donalds opposes a statewide data center moratorium, says the state study is already underway, and says of SB 484 that "it is now state law in Florida that if local governments say no data center, then no data centers" and that he will ensure utility bills do not rise for customers of rural cooperatives. fox13news.com
  • Legislature Republican both chambers, control changed. Republicans keep majorities but unofficial results show them losing about 15 House seats and the two-thirds supermajority (80 of 120) they held, and the Senate supermajority (27 of 40) was in doubt with at least one race near recount margins. cbsnews.com
  • Commission Public Service Commission members are appointed by the governor; no seats were on the ballot. On 3 November 2026 the PSC voted 5-0 to reject Duke Energy Florida's large-load tariff as not shown to comply with SB 484. chronicleonline.com
  • Edgewater charter amendment prohibiting new data centers (Edgewater (Volusia County), passed) Writes into the city charter a ban on approving, building, expanding or operating new data centers in the city, locking in a ban the City Council adopted earlier in 2026; early results showed at least 77 percent in favor. forbes.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: Southeast utilitiesReviewed 4 November 2026Research confidence: Medium

Florida: full entry, every item and its source →

  1. LocalEdgewater (Volusia County)Nov 2026Approved, not yet effective
    Edgewater voters write data center ban into city charter

    On 3 November 2026 Edgewater voters approved a charter amendment that prohibits new data centers from being approved, built, expanded or operated in the city, making permanent a ban the City Council adopted earlier in 2026. Early unofficial results showed at least 77 percent in favor.

    forbes.com
  2. UtilityFlorida Power & LightOct 2026In force
    FPL tells PSC its large-load tariff already complies with SB 484

    FPL's Large Load Contract Service terms, approved in November 2025 as part of its 2026 to 2029 rate plan, require applicants to fund an engineering study, pay 100 percent of new generation built for them, build their own substation, meet a minimum bill on reserved capacity, sign a 20-year minimum contract and pay an exit fee. The PSC still has to review the compliance filing.

    wusf.org
  3. LocalManatee CountyOct 2026In force
    Manatee County adopts one-year data center moratorium

    Commissioners voted unanimously on 28 July 2026 to have staff draft a moratorium on data centers and other large-load projects. On 8 October 2026 the board adopted a one-year moratorium that pauses the acceptance, processing and approval of new data center projects while the county studies effects on energy, water, infrastructure and communities and writes rules. Commissioners said no data center projects were planned in the county at the time.

    mysuncoast.com
  4. LocalVolusia CountyOct 2026In force
    Volusia County bans data centers of 50 MW or more in unincorporated areas

    The county council voted 6-0 on 20 October 2026 for an ordinance under which the county will not accept, process, review or approve applications for data centers with an anticipated monthly peak load of 50 MW or more in unincorporated areas. Projects under 50 MW may still apply but go through staff review, a zoning and regulation committee and a council vote. Cities inside the county set their own rules.

    mynews13.com
  5. LocalCity of AlachuaOct 2026In force
    City of Alachua one-year moratorium on data centers

    City commissioners approved a one-year moratorium 5-0 on second reading in late October 2026, after a 4-1 first reading earlier in the month. It pauses applications and non-disclosure agreements involving data centers within the city.

    wcjb.com
  6. UtilityTampa ElectricOct 2026Pending
    Tampa Electric large-load tariff filing

    Tampa Electric filed its large-load tariff with the PSC on 30 September 2026 under SB 484. Large-load customers would pay for all electric system upgrades needed to serve them and contribute to the cost of maintaining the broader system. The utility says it serves no large-load customer today and expects a PSC decision in late 2026 or early 2027.

    baynews9.com
  7. RegulatorOct 2026Pending
    PSC implementation of SB 484

    Each investor-owned utility (FPL, Duke Energy Florida, Tampa Electric and Florida Public Utilities) had to file a tariff complying with s. 366.043 for PSC approval by 1 October 2026. The PSC may approve tools such as minimum bills, exit fees and credit support but the act sets no rulemaking deadline. Municipal utilities and cooperatives such as JEA, OUC and Gainesville Regional Utilities are not covered.

    flsenate.gov
  8. RegulatorDuke Energy FloridaOct 2026Pending
    Duke Energy Florida large-load tariff: PSC staff recommend denial, vote 3 November 2026 (Docket 20260064-EI)

    Duke filed on 22 April 2026 for customers with 50 MW or more of firm load at one site: a 20-year contract, take-or-pay minimums of 75 to 85 percent of contracted capacity, credit support, two years' notice to leave and an exit payment of three years of minimum bills plus the net book value of new facilities, with a dedicated rate schedule to take effect 1 January 2028. Hearings ran on 25 and 26 August 2026. On 22 October 2026 PSC staff recommended that the Commission deny the tariff as filed with leave to refile, saying the proposal does not yet ensure each large-load customer bears its full cost of service, with an alternative of interim approval widened to every customer meeting the 50 MW definition. The Commission votes on 3 November 2026; if denied, Duke would have 10 business days to refile.

    mgrid.org
  9. LocalPalm Beach CountySep 2026In force
    Palm Beach County one-year moratorium on data centers of 50 MW or more

    Commissioners voted 6-0 on 24 September 2026 to stop accepting or approving zoning requests for data centers with peak load of 50 MW or more in unincorporated areas for up to a year. In July they rejected a large expansion of Project Tango, which keeps a smaller 2016 approval.

    cbs12.com
  10. LocalMarion CountySep 2026In force
    Marion County 12-month moratorium on data centers of 50 MW or more

    The Board of County Commissioners adopted an ordinance 5-0 on 15 September 2026 that freezes large commercial data centers expected to draw 50 MW or more at maximum demand in unincorporated Marion County for 12 months from the effective date, or sooner if new land development or comprehensive plan rules are adopted. Facilities under 50 MW may still be reviewed as special-use permits, and school and hospital IT facilities are exempt.

    352today.com
  11. LocalSarasota CountyJul 2026In force
    Sarasota County 12-month moratorium

    Sarasota County adopted a 12-month pause on data centers in July 2026 to study impacts and write permanent rules.

    baynews9.com
  12. LocalPasco CountyJul 2026In force
    Pasco County 12-month moratorium on data centers

    Commissioners passed a 12-month moratorium unanimously in July 2026 on building permits, rezonings and site plans for new data centers in unincorporated Pasco County, retroactive to 27 May 2026 when the hearing was first advertised. The exemption for small facilities was lowered to 2.5 MW from a proposed 10 MW, and a proposed 19.9 MW data center near I-75 and State Road 52 falls inside the pause.

    tampabaybeacons.com
  13. LocalNassau CountyJun 2026In force
    Nassau County 12-month moratorium

    Commissioners approved a 12-month moratorium in June 2026 on accepting, reviewing or approving data center applications, including rezonings and site plans, while a committee studies impacts.

    news4jax.com
  14. State lawMay 2026In force
    SB 484 (Chapter 2026-65): full cost of service for loads of 50 MW or more

    Signed 7 May 2026 after votes of 31-6 and 92-16; most provisions took effect 1 July 2026. Customers with an anticipated monthly peak of 50 MW or more at one site must bear their full cost of service and may not split loads to avoid it. Tariffs may not block curtailment for grid stability, and utilities may not knowingly serve large loads controlled by foreign countries of concern.

    flsenate.gov
  15. State lawMay 2026In force
    SB 484: local control and shorter confidentiality for data center deals

    Local governments keep comprehensive planning and land development authority over large-load customers, and a large load customer may not be treated as an electric substation under s. 163.3208; these provisions took effect on signing, 7 May 2026. The act also bars data center projects from the 12-month extension of confidentiality for economic development information under s. 288.075, so project details become public sooner.

    flsenate.gov
  16. State lawMay 2026In force
    SB 484: water permitting for large-scale data centers

    Water permits may not be issued if the use would harm water resources or conflict with local zoning. Reclaimed water must be used where available and feasible, and applications averaging 100,000 gallons a day or more need detailed source and conservation plans and a hearing.

    news4jax.com
  17. LocalFort Meade (Polk County)Apr 2026In force
    Fort Meade approves 20-year development agreement for Stonebridge data center

    Fort Meade's planning board approved Stonebridge's plan for 1.9 million square feet, expandable to 4.4 million, on 7 April 2026 despite a petition of about 500 residents. On 14 April 2026 the city commission voted unanimously for a 20-year development agreement covering the 1,300-acre site. Florida Commerce Secretary Alex Kelly wrote to the city on 17 April 2026 calling the proposal fundamentally flawed on water and energy grounds. The Southwest Florida Water Management District governing board must still approve the water supply for the project.

    baynews9.com
  18. LocalSt. Lucie CountyOct 2025Pending
    Sentinel Grove Technology Park (Project Jarvis)

    The county planning and zoning commission voted 4-2 in October 2025 to recommend against a plan amendment for a 1,218-acre campus near Fort Pierce planned for a first 1,000 MW. In February 2026 a county commissioner said the developer appeared to have pulled back ahead of the state data center law, though it had not formally withdrawn. No county commission vote has been reported.

    wflx.com
  19. State lawAug 2025In force
    HB 7031: sales tax exemption limited to 100 MW and above

    Passed 30 June 2025 and effective 1 August 2025. The data center sales tax exemption now applies only to facilities with a critical IT load of 100 MW or more, up from 15 MW, with no grandfathering for smaller sites.

    ryan.com

Georgia

Light ↑ TighteningTax break intact; regulators and counties, not lawmakers, set the limits22 items
14in force
2pending
5local pauses
intact, with conditionstax break
3.2combined index (5 most)
13.1cper kWh, industrial
4 November 2026reviewed
Regulation2.4 / 5
  1. Grid connection2

    The Jan 2025 PSC rule makes Georgia Power file every 100 MW contract for staff review before signing; 9,885 MW of new generation was certified 19 Dec 2025.

  2. Power rates3

    The Jan 2025 large-load rule sets risk-based billing and prepaid T&D above 100 MW; the Aug 2026 OpenAI order keeps termination shortfalls off other customers.

  3. Siting and land use3

    DeKalb's pause to 30 March 2027 and Paulding's to 1 Jan 2027 hit the Atlanta market, with Coweta, Savannah and Camden also paused; Fulton stays open.

  4. Tax treatment2

    The sales tax exemption survives intact with its investment and jobs thresholds after SB 410 was dropped from HB 463 on 3 April 2026 and the 2024 veto.

  5. Permits and water2

    No data center water, air or disclosure law passed; EPD's Sept 2026 consent orders capped the Covington generators; the OpenAI order adds disclosure.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Georgia still offers its data center sales tax exemption: the governor vetoed a pause in 2024 and every 2026 bill to repeal it, protect ratepayers, require disclosure or impose a statewide moratorium died. The real controls come from the Public Service Commission, which since 2025 has required risk-based billing and staff review of every Georgia Power contract above 100 MW, and in August 2026 cleared a 3,200 MW OpenAI contract with added ratepayer conditions. The commission also certified about 9,900 MW of new generation for Georgia Power in December 2025 and froze base rates until 2028. Counties around Atlanta have used temporary moratoria and new ordinances, and the commission is now deciding whether a third party may power a data center on site.

Outlook

Democrat Keisha Lance Bottoms defeated Rick Jackson on 3 November 2026 (about 55 to 45 percent in unofficial returns) and takes office in January 2027 having campaigned on a statewide pause of new data center development while consumers and experts set rules. Democrats won both Public Service Commission seats, so from January 2027 the commission that reviews every Georgia Power contract above 100 MW and certified 9,885 MW of new generation in December 2025 has a 3 to 2 Democratic majority, with Peter Hubbard, who moved in February 2026 to decertify capacity lacking signed contracts, now in the majority. Democrats led for a House majority with a few seats uncalled while Republicans kept the Senate, so repeal of the sales tax exemption or ratepayer bills such as HB 1063 need bipartisan Senate votes in the session that opens in January 2027, but Gov. Kemp's veto no longer protects the exemption. The commission has still to set hearings on the VoltaGrid on-site power case agreed on 18 August 2026, and EPD's 30 September consent orders capping the Covington generators at 30 of 33 stand. Local pauses expire in sequence: Camden County's early November 2026, Coweta County's 23 December 2026, Paulding County's 1 January 2027, Savannah's late January 2027 and DeKalb County's 30 March 2027, where Shadowbox Studios' suit is pending.

After the 3 November 2026 election
  • Governor Keisha Lance Bottoms (D), flipping the office. Bottoms campaigned on pausing new data center development statewide, saying on 20 October 2026: "We need to pause. We need consumers like you. We need experts in this field to sit around the table and give us guidance as to how the state of Georgia should move forward." wtoc.com
  • Legislature Republican Senate; House leaning Democratic, not final, control changed. The AJC reported on 4 November that Democrats led in enough House seats for a first majority in 22 years with a few races too close to call and at least one possible recount, while Republicans kept a narrower Senate majority under Democratic Lt. Gov.-elect Josh McLaurin. ajc.com
  • Commission Democrats won both Public Service Commission seats on the ballot, Peter Hubbard holding District 3 against Fitz Johnson (AP call 10:38 p.m.) and Shelia Edwards flipping open District 5 from Josh Tolbert (AP call 10:54 p.m.), giving Democrats a 3 to 2 majority on the five-member commission from January 2027, the first in 31 years; no runoff is needed. gpb.org
  • Coweta County A local campaign for a data center measure launched but nothing reached the 3 November ballot; Georgia had no local data center measure. no measure on ballot. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: TVA, Southeast utilitiesReviewed 4 November 2026Research confidence: High

Georgia: full entry, every item and its source →

  1. ExecutiveCovington (Newton County)Sep 2026In force
    EPD fines VoltaGrid and Serverfarm and tightens the air permit

    The Georgia Environmental Protection Division issued two consent orders, published 30 September 2026, fining VoltaGrid $11,500 and Serverfarm $31,000 for assembling 33 gas engines in Covington without the required permits. The revised permit OP-29947 treats the power plant and the data center as a single emissions source and allows no more than 30 of the 33 generators to run at one time. The commission's separate inquiry into whether the arrangement violates state law on who may supply electricity had no hearing dates as of 8 October 2026.

    ajc.com
  2. RegulatorGeorgia PowerAug 2026In force
    OpenAI 3,200 MW contract cleared by PSC staff

    In late August 2026 commission staff cleared Georgia Power's contract for OpenAI's Effingham County campus, the seventh approved under the large-load rule. Georgia Power agreed not to recover early-termination shortfalls from other customers, to report cancellations within 15 days, to publish contract summaries and twice-yearly data center reports, and to raise its promised 2029 to 2031 bill relief from $8.50 to $15 a month.

    ajc.com
  3. LocalSavannahAug 2026In force
    Savannah 155-day moratorium on large data centers

    On 27 August 2026 the City Council approved a 155-day pause on data centers drawing 10 MW or more and on industrial buildings of 200,000 square feet or more built or converted for data center use, running to late January 2027, while staff draft regulations on noise, water, neighborhoods and grid strain. The vote followed data center plans in neighboring Effingham County.

    wtoc.com
  4. RegulatorCovington (Newton County)Aug 2026Pending
    PSC hearings on third-party on-site power (VoltaGrid and Serverfarm)

    On 18 August 2026 the commission voted unanimously to hold hearings on whether VoltaGrid may run 33 gas engines to supply an adjacent Serverfarm data center inside Georgia Power's territory. Petitioners cite the Territorial Electric Service Act and the cogeneration law; state environmental officials had already ordered construction stopped in July for lack of a permit.

    ajc.com
  5. CourtDeKalb CountyAug 2026Pending
    Shadowbox Studios sues DeKalb County over its moratorium

    Shadowbox Studios and Henrico 183 filed suit in DeKalb County Superior Court on 5 August 2026 asking a judge to declare the county's data center moratorium invalid and let them build on a roughly 200-acre site at 3600 International Park Drive, and seeking compensation for an alleged $200 million loss in value. The studio says the planning department confirmed in writing three times that a data center was permitted by right and that it spent $37 million preparing the land; the county says the letters were not binding. On 9 September 2026 the Zoning Board of Appeals upheld the July permit denial and deferred the legal questions to the court. The case is pending.

    atlantanewsfirst.com
  6. LocalDeKalb CountyJul 2026In force
    Moratorium extended to 30 March 2027; developer lawsuit pending

    DeKalb County commissioners first paused new data center development in July 2025 and have extended the pause several times, most recently on 7 July 2026 with one dissenting vote, to 30 March 2027. It covers new data centers and expansions in unincorporated DeKalb while the county writes rules; a draft zoning package was rejected on 23 June 2026, and the extension requires future rules to follow the Watershed Management water and sewer protocols. Shadowbox Studios and Henrico 183 sued the county in DeKalb Superior Court on 5 August 2026 to have the moratorium declared invalid, claiming a $200 million loss in property value, and on 9 September 2026 the Zoning Board of Appeals upheld the county's July denial of the studio's data center permit.

    atlantanewsfirst.com
  7. LocalPaulding CountyJul 2026In force
    Paulding County pause on new data centers to 1 January 2027

    Commissioners voted unanimously in late July 2026 to stop accepting new data center proposals until 1 January 2027 while the county collects public input and reviews development standards. Applications filed before the vote are not affected.

    spectrumlocalnews.com
  8. LocalCoweta CountyJun 2026In force
    Second 180-day moratorium

    On 16 June 2026 commissioners unanimously approved a new 180-day moratorium on data center permit, rezoning, conditional use and variance applications, running to 23 December 2026 unless the county amends its data center ordinance sooner. Five proposals already filed keep their vested rights. At a 14 July 2026 work session commissioners discussed low-frequency noise limits, larger buffers, moving data centers from light industrial to industrial zoning with a conditional use permit, and allowing gas-fired on-site power subject to the noise ordinance; the county attorney said a cap on the number of data centers would need evidence to survive a court challenge.

    times-herald.com
  9. LocalCamden CountyMay 2026In force
    Camden County six-month moratorium nears its end

    Camden County commissioners adopted a six-month data center moratorium for unincorporated areas on 5 May 2026, which runs to early November 2026. At a 29 September 2026 work session staff presented a draft data center ordinance and a proposed Technology zoning district; commissioners did not adopt it and recorded no extension. A planned Southeast Georgia Innovation Campus promoted at public sessions in Kingsland in October 2026 is anchored by a potential data center.

    actionnewsjax.com
  10. State lawApr 2026Failed
    Sales tax exemption survives; SB 410 fails

    The Senate backed SB 410 to wind down the data center sales tax exemption, but the House left it out of the list of tax breaks repealed in HB 463, the income tax bill that passed on 3 April 2026. A state audit published in December 2025 put the forgone sales tax at about $474 million in 2025; a state report cited by the AJC projects about $2.5 billion in 2026.

    news.bloomberglaw.com
  11. State lawApr 2026Failed
    Ratepayer protection bills SB 34 and HB 1063 fail

    SB 34 would have barred Georgia Power from charging residential customers for the cost of serving data centers; it was rewritten in committee in February 2026 with language preferred by Georgia Power and the Data Center Coalition, and the Senate adjourned before a floor vote on restoring the original text. HB 1063, setting requirements for utility contracts with data centers, passed the House but not the Senate, and Speaker Jon Burns said the House would keep working on it during the interim.

    ajc.com
  12. State lawApr 2026Failed
    Statewide moratorium (HB 1012) and disclosure (HB 528) bills fail

    HB 1012 would have paused data center construction statewide until February 2027 and HB 528 would have required annual public energy and water reports from sites of 30 MW or more. SB 408 would have ended the tax exemption in 2027. None was among the measures reported as passed when the session ended in April 2026.

    route-fifty.com
  13. LocalNewton CountyApr 2026Expired
    Newton County moratorium through 7 October 2026

    Newton County adopted an emergency data center moratorium on 17 February 2026, extended it on 3 March, and on 7 April 2026 adopted Resolution R-040726b extending it through 7 October 2026. It bars the county from accepting rezonings, special and conditional use permits, development permits, site plans and building permits for any project that includes a data center while the county studies an ordinance. No extension past 7 October 2026 was found on the pages opened.

    newtoncountyga.gov
  14. RegulatorGeorgia PowerFeb 2026In force
    PSC refuses 3 to 2 to reopen the generation certification

    In February 2026 the commission voted 3 to 2 against reconsidering its December 2025 certification of about 10,000 MW of new Georgia Power capacity and rejected Commissioner Peter Hubbard's motion to decertify a 797 MW resource and at least 2,622 MW of other resources for lack of executed customer contracts. Democrats Hubbard and Alicia Johnson voted to reopen; Republicans Jason Shaw, Tricia Pridemore and Bubba McDonald voted against. It was the first split vote by the commission seated in January 2026.

    fox5atlanta.com
  15. RegulatorGeorgia PowerDec 2025In force
    PSC certifies 9,885 MW of new generation

    On 19 December 2025 the commission voted 5 to 0 to certify about 9,885 MW of new gas, battery and solar capacity for 2027 to 2031 in dockets 56298 and 56310, with construction estimated at about $16.5 billion and roughly two-thirds of the capacity gas-fired. Georgia Power agreed to backstop the projects financially in 2029, 2030 and 2031 if data center contracts are not secured, the commission may alter or reverse certification, and large-load revenue must put at least $8.50 a month of downward pressure on a typical residential bill in those years.

    ajc.com
  16. RegulatorNov 2025In force
    Democrats win two PSC seats

    On 4 November 2025 Alicia Johnson and Peter Hubbard defeated Republican incumbents Tim Echols and Fitz Johnson, leaving a 3 to 2 Republican majority from January 2026. Two seats are on the 3 November 2026 ballot: Hubbard defends District 3 against Fitz Johnson, and District 5 is open because Tricia Pridemore ran for the U.S. House instead; Shelia Edwards (D), Josh Tolbert (R) and Thomas Blooming (L) are running, with a 1 December runoff if no one wins a majority. A Democratic sweep would give the party a 3 to 2 majority.

    news.ballotpedia.org
  17. LocalTroup CountySep 2025Expired
    90-day moratorium near LaGrange

    Troup County stopped accepting data center applications in unincorporated areas for 90 days from 16 September 2025 while it rewrote its development ordinance, and the city of LaGrange adopted its own pause the same month. Douglas County had adopted a 90-day pause in March 2025 by a 4 to 1 vote after a multi-building data center application was filed.

    gpb.org
  18. RegulatorGeorgia PowerJul 2025In force
    Base rates frozen until 2028

    In summer 2025 the commission approved Georgia Power's agreement to hold base rates steady for three more years, with the next rate changes taking effect after a 2028 filing. Georgia Power says data center revenue will soften that adjustment.

    ajc.com
  19. RegulatorGeorgia PowerJan 2025In force
    PSC large-load rule (above 100 MW)

    The commission unanimously approved rules in January 2025 for new Georgia Power customers above 100 MW: billing that reflects the risk of the project, payment of transmission and distribution costs as construction proceeds, and filing of each contract with the commission for staff review before signing.

    datacenterdynamics.com
  20. LocalBartow CountyJan 2025In force
    Bartow County data center ordinance

    Bartow County finalized a data center ordinance in January 2025 requiring a 200-foot buffer and limiting noise to 65 decibels from 8 a.m. to 6 p.m. and 55 decibels from 6 p.m. to 8 a.m., measured over 30-minute periods. The county hosts a Switch campus with a 1,200 MW commitment from Georgia EMC.

    gpb.org
  21. LocalAtlantaSep 2024In force
    Atlanta bars data centers near the Beltline

    After a zoning review that began in May 2024, Atlanta in September 2024 prohibited data centers within the Beltline overlay area and nearby corridors. A separate 2026 proposal to require a special use permit for all new data centers citywide, with disclosure of estimated water and energy use and tree removal, had advanced through the Zoning Committee by June 2026 but was not reported as adopted.

    gpb.org
  22. ExecutiveMay 2024Vetoed
    Governor vetoes pause of the sales tax exemption (HB 1192)

    In 2024 the General Assembly passed a bill to pause new data center sales tax exemptions and Governor Brian Kemp vetoed it, keeping the incentive in place.

    ajc.com

Hawaii

Minimal → SteadyNo state rules yet; working group studying and Big Island weighing a ban2 items
1in force
1pending
0local pauses
narrowedtax break
39.3cper kWh, industrial
23 October 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    No connection, own-power or reliability rule for data centers exists; the April 2026 resolutions only create a study group.

  2. Power rates1

    No large-load tariff or contract rule; SR 90 and HCR 206 (April 2026) are non-binding and ask only for a report before the 2027 session.

  3. Siting and land use1

    No siting rule or pause in force; Hawaii County's Bill 170 ban is still pending with a 4 Nov 2026 council deadline.

  4. Tax treatment3

    Hawaii has no data center tax incentive and no in-force action on one, so nothing to lose and nothing to gain.

  5. Permits and water1

    No water, air permit or disclosure rule for data centers is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Hawaii has no data center-specific law, sales tax incentive or large-load tariff that this research could find, and no hyperscale campus has been proposed. Existing facilities are small colocation and research sites. The only 2026 legislative activity found was a pair of resolutions, SR 90 and HCR 206, adopted in April 2026, asking the State Energy Office to convene a working group on how large data centers would affect utilities, ratepayers, water and climate goals.

Outlook

The working group's report is due 20 days before the 2027 regular session, which could then consider large-load safeguards such as a megawatt threshold, developer-paid grid upgrades and reporting of electricity, water and emissions. On Hawaii Island, Bill 170 would declare industrial-scale data centers not a permitted use anywhere in the county; the Windward Planning Commission voted 5 to 1 on 1 October 2026 to recommend against it as too vague, the Leeward Planning Commission was due to review it on 15 October, and the council votes after both commissions report, with a 4 November 2026 deadline. The planning director has proposed a 10,000 square foot definition with a use permit for larger facilities instead of a flat ban.

Reviewed 23 October 2026Research confidence: Medium

Hawaii: full entry, every item and its source →

  1. LocalHawaii CountyOct 2026Pending
    Bill 170: countywide prohibition of industrial-scale data centers

    Councilwoman Heather Kimball's bill would separate industrial-scale data centers from the data processing facilities already allowed in industrial zones and declare data centers not a permitted use anywhere in Hawaii County, with exemptions for public institutions such as UH Hilo and no effect on the existing Hawaiian Telcom site in Kawaihae. A council committee advanced it 8 to 0 in July 2026. The Windward Planning Commission deferred it on 3 September and on 1 October 2026 voted 5 to 1 to send an unfavorable recommendation because the definition was too vague; the Leeward Planning Commission was due to review it on 15 October, and the council votes after both commissions report (deadline 4 November). The planning director proposed a 10,000 square foot definition with a use permit for larger facilities instead of a flat ban.

    hawaiitribune-herald.com
  2. State lawApr 2026In force
    SR 90 and HCR 206: data center working group resolutions adopted

    Both resolutions ask the Hawaii State Energy Office to convene a working group, chaired by the Chief Energy Officer with DBEDT, the Board of Land and Natural Resources and the Public Utilities Commission, on how large data centers would affect electric utilities, ratepayers, natural resources and climate goals, including developer-paid grid upgrades, a megawatt threshold for large loads and reporting of electricity, water and emissions. The Senate adopted SR 90 SD1 on 9 April 2026 and HCR 206 HD1 was adopted in final form by both chambers on 27 April 2026. The report is due 20 days before the 2027 regular session and the group dissolves on 30 June 2027. Resolutions are not binding law.

    legiscan.com

Idaho

Light ↑ TighteningTax break kept; 50 MW loads now need commission-approved contracts6 items
4in force
1pending
0local pauses
intact, with conditionstax break
3.0combined index (5 most)
9.7cper kWh, industrial
23 October 2026reviewed
Regulation2.4 / 5
  1. Grid connection2

    HB 911, effective 1 July 2026, bars service to any new 50 MW load until the commission approves the contract; Idaho Power needs special contracts above 20 MW.

  2. Power rates3

    HB 911 (1 July 2026) requires a no-harm test, cost allocation and financial security in every 50 MW contract, applied case by case rather than as a rate class.

  3. Siting and land use1

    No statewide siting rule or local pause; Kuna approved the 620-acre Gemstone Technology Park in April 2025 and the appeal is pending.

  4. Tax treatment2

    The sales tax exemption stays intact with its investment thresholds after the H0897 rollback died in March 2026.

  5. Permits and water4

    HB 895, effective 1 July 2026, limits consumptive cooling water: new sites must use non-consumptive or recycling designs or take municipal or district supply.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Idaho's 2026 session left the data center sales tax exemption in place after a rollback bill died, but passed two new obligations. HB 911 requires utilities to get Public Utilities Commission approval of contracts for new loads of 50 MW or more, with a test that existing customers are not harmed. HB 895 limits consumptive water use for cooling. Both took effect 1 July 2026. Idaho Power already requires special contracts for loads above 20 MW, and the Kuna area south of Boise is the center of activity, with Meta's campus and the 620-acre Gemstone Technology Park, whose rezoning is under appeal at the Idaho Supreme Court.

Outlook

HB 911 and HB 895 have been in force since 1 July 2026, so the first commission reviews of 50 MW contracts under the no-harm test can now be filed and will show how the commission applies it. The Idaho Supreme Court has the farmers' appeal, filed in June 2026, against Kuna's 3 to 2 approval of the Gemstone Technology Park after a district judge rejected their conflict-of-interest claim in May 2026. Sponsors have tried to cut the sales tax exemption in both 2025 and 2026, so another attempt in the 2027 session is likely.

Grid: The West outside CaliforniaReviewed 23 October 2026Research confidence: Medium

Idaho: full entry, every item and its source →

  1. CourtKunaJun 2026Pending
    Farmers appeal Gemstone Technology Park approval to Idaho Supreme Court

    Layne Thornton and the Toledo dairy entities petitioned in August 2025 to overturn Kuna's approval of the 620-acre Gemstone Technology Park, arguing Council Member Greg McPherson should have recused himself. District Judge James Cawthon denied the petition in May 2026, finding no direct economic conflict, and the farmers appealed to the Idaho Supreme Court in June 2026. The case is pending.

    boisedev.com
  2. State lawApr 2026In force
    HB 911: new large loads

    Signed 10 April 2026 (Session Law chapter 335) and effective 1 July 2026 after passing the House 65 to 3 and the Senate 34 to 1. Utilities must submit contracts for any new load of 50 MW or more at a service entrance for commission approval before service starts, pass a no-harm test for existing customers, and meet cost allocation, financial security and dispute resolution requirements.

    legislature.idaho.gov
  3. State lawApr 2026In force
    HB 895: data center cooling water

    Signed 2 April 2026 (Session Law chapter 291) and effective 1 July 2026. Limits consumptive water use for data center cooling: new facilities must use non-consumptive or recycling cooling designs or take supply from a municipal, water district or water and sewer district system, to protect existing water rights for agriculture and industry.

    legislature.idaho.gov
  4. State lawMar 2026Failed
    Sales tax exemption rollback fails (H0897)

    A bill to sunset the data center sales tax exemption after 20 years, narrow it to server equipment and add power-use criteria died in March 2026 when the House did not take up Senate amendments. The exemption stays on the books; a similar effort failed in 2025.

    boisedev.com
  5. LocalKunaApr 2025In force
    Gemstone Technology Park approved; appeal pending at Idaho Supreme Court

    The Kuna City Council voted 3 to 2 in April 2025 to rezone 620 acres of farmland near Locust Grove and Barker Roads for Diode Ventures' Gemstone Technology Park, a phased data center campus separate from Meta's site; the developer pledged $12 million to police, $32 million to the fire district and $500,000 to schools. Neighboring farmers sought judicial review in August 2025 alleging a council member's conflict of interest; a district judge denied the petition in May 2026 and the farmers appealed to the Idaho Supreme Court in June 2026. The project could qualify for the state sales tax exemption.

    boisedev.com
  6. RegulatorIdaho PowerMay 2023In force
    Special contract for Meta's Kuna data center (IPC-E-21-42)

    The commission approved an energy services agreement with Brisbie LLC on 11 May 2023 (Order 35777) after staff review aimed at ensuring existing customers would not see rate increases from it. Idaho Power customers above 20 MW must take service under a special contract.

    puc.idaho.gov

Illinois

Moderate ↑ TighteningIncentives paused since July 2026; cost rules due in veto session14 items
9in force
4pending
2local pauses
paused or sunsettax break
2.8combined index (5 most)
11.3cper kWh, industrial
4 November 2026reviewed
Regulation2.6 / 5
  1. Grid connection2

    ComEd's deposit tariff, approved 19 March 2026, charges $1 million for 50 to 200 MW plus $500,000 per further 100 MW; no study fee or curtailment-first rule.

  2. Power rates2

    No large-load tariff or rate class is in force; the ICC's ratepayer protection probe opened April 2026 and the POWER Act awaits the Nov 2026 veto session.

  3. Siting and land use3

    Chicago's Aug 2026 executive order adds multi-agency review, Plainfield's April 2026 pause and Aurora's March 2026 rules hit the metro; five cities paused.

  4. Tax treatment4

    The governor stopped DCEO from processing new Data Center Investment Program agreements from 1 July 2026 with no end date; signed agreements are honored.

  5. Permits and water2

    Chicago's 23 Sept 2026 benchmarking change makes city data centers report energy use; no statewide water, air or NDA rule is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Illinois has moved from recruiting data centers to slowing them. Governor Pritzker told the commerce department to stop processing new Data Center Investment Program agreements from 1 July 2026 and asked lawmakers to pass a seven-part framework covering a separate rate class, interruptible service, clean energy supply, water permits and a ban on nondisclosure agreements. The POWER Act (HB 5513/SB 4016) did not pass in the spring session. At the Illinois Commerce Commission, ComEd's higher large-load deposits were approved in March 2026 and a wider investigation into ratepayer protections is under way. Chicago ended the data center exemption from its energy benchmarking rules on 23 September 2026, but the mayor's 12-month moratorium was sent to the Rules Committee. Other cities are split: Naperville rejected a project, Aurora and Plainfield used moratoria, Bloomington, Carbondale, Effingham, West Chicago and Mattoon have paused development, and Joliet approved a 1.8 GW campus.

Outlook

Governor Pritzker won a third term on 3 November 2026 (AP call at poll close) and said in his victory remarks that he hopes to pass data center legislation in the fall veto session, which begins in November; Democrats keep control of both chambers, so the POWER Act or the governor's seven-part framework (separate rate class, interruptible service, clean energy supply, water permits, a ban on nondisclosure agreements) can pass if the caucus agrees on a version. Seven advisory questions on 3 November went against data centers, including Bloomington's call for a moratorium, Morgan County's call for restrictions and no votes in four Madison County townships and Joliet Township; none binds anyone but they give sponsors a mandate. The pause on new Data Center Investment Program agreements continues with no end date. Chicago's executive order required air permit and noise rules by about 9 November 2026 and task force code recommendations by 15 March 2027, while the mayor's 12-month moratorium ordinance sits in the City Council Rules Committee. The Commerce Commission's large-load investigation, opened by April 2026 on an eight-month clock, points to a conclusion around the end of 2026 or early 2027.

After the 3 November 2026 election
  • Governor JB Pritzker (D). In his 3 November 2026 victory remarks Pritzker said he hopes to pass legislation regulating data centers during the fall veto session and criticized the 'explosive growth of artificial intelligence companies'; his administration has paused new Data Center Investment Program agreements since 1 July 2026. capitolnewsillinois.com
  • Legislature Democratic both chambers. Democrats held supermajorities (78-40 House, 40-19 Senate) going in and Capitol News Illinois reported them outperforming 2022 on election night; final chamber counts were not yet verified on 4 November. capitolnewsillinois.com
  • Commission Illinois Commerce Commission members are appointed by the governor; no seats were on the ballot.
  • Bloomington data center moratorium advisory question (Bloomington (McLean County), passed) Advises the city to impose a moratorium on large-scale data centers. statecapitallobbyist.com
  • Morgan County data center restrictions advisory question (Morgan County, passed) Advises the county to restrict the building and operation of data centers; about 88% yes in unofficial counts. statecapitallobbyist.com
  • Madison County townships permit data centers advisory questions (Chouteau, Granite City, Nameoki and Venice townships (Madison County), failed) Asked whether officials should permit new data centers; all four townships voted no, from about 74% to 83% against. stlpr.org
  • Joliet Township AI data center construction advisory question (Joliet Township (Will County), failed) Asked whether to approve construction of AI data centers; about 79% voted no in unofficial counts. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: PJM, MISOReviewed 4 November 2026Research confidence: Medium

Illinois: full entry, every item and its source →

  1. State lawOct 2026Proposed
    ILEPI and University of Illinois report backs POWER Act style rules ahead of veto session

    A 1 October 2026 report by the Illinois Economic Policy Institute and the University of Illinois Project for Middle Class Renewal projects $57 billion of data center investment through 2035 creating about 121,000 jobs but only about 2,800 permanent ones, with roughly $12 a month added to average residential bills at 6.5 GW of new demand. It recommends a statewide ban on nondisclosure agreements with developers, a ban on local property tax abatements, higher thresholds and shorter terms for the state tax break, and POWER Act style clean energy and water permit requirements. DCEO estimated more than $660 million of tax break value received as of 2025. The POWER Act remains unpassed pending the November veto session.

    capitolnewsillinois.com
  2. LocalChicagoSep 2026In force
    Chicago removes data center exemption from Energy Benchmarking Ordinance

    At its 23 September 2026 meeting the City Council voted to remove data center exemptions from the city's Energy Benchmarking Ordinance, so data centers must report energy use like other large buildings. The industry's Data Center Coalition did not oppose the change. The vote count and effective date were not reported.

    news.wttw.com
  3. LocalBloomington, Carbondale, Effingham, West Chicago, MattoonSep 2026In force
    More Illinois cities pause data center development

    As of 23 September 2026, Bloomington, Carbondale, Effingham, West Chicago and Mattoon had paused new data center development or expansion. Governor Pritzker has said he lacks the authority to impose a statewide construction moratorium.

    axios.com
  4. LocalChicagoSep 2026Pending
    Chicago 12-month data center moratorium ordinance stalls in Rules Committee

    Mayor Johnson and allied aldermen introduced an ordinance at the 23 September 2026 City Council meeting to halt new data center development in the city for 12 months while a task force writes a regulatory framework. It would cover facilities over 1,000 square feet with more than 20% of floor space given to servers. Two aldermen sent it to the Rules Committee, where its fate is uncertain. A separate ordinance from Ald. Bill Conway to require planned development review for data centers was also sent to Rules.

    news.wttw.com
  5. LocalChicagoAug 2026In force
    Chicago Executive Order 2026-5 on data centers

    Mayor Johnson's order applies enhanced multi-agency review to data center projects needing a new Planned Development, requires air permit and noise rules within about 90 days (around 9 November 2026), task force code recommendations by 15 March 2027, and asks the City Council to enact a moratorium.

    dlapiper.com
  6. ExecutiveJun 2026In force
    Governor's pause on new Data Center Investment Program agreements

    Announced 5 June 2026: the Department of Commerce and Economic Opportunity stopped processing new agreements from 1 July 2026. Agreements signed before that date are honored. The governor's release gives no end date; some press reports described it as a two-year suspension.

    gov-pritzker-newsroom.prezly.com
  7. State lawMay 2026Pending
    POWER Act (HB 5513 / SB 4016)

    Would require data centers to pay for and bring their own clean energy, report water use, avoid shifting grid costs to other customers and sign community benefits agreements. Introduced February 2026, it did not advance before the 31 May deadline; the sponsor expects to bring it back in the November veto session.

    route-fifty.com
  8. LocalPlainfieldApr 2026In force
    Plainfield 180-day moratorium on data centers

    The Village Board voted unanimously in April 2026 to pause data center applications for 180 days while it finishes a new development ordinance; it can extend the pause. Nearby Yorkville's mayor said there is no appetite for proposals beyond those already approved.

    shawlocal.com
  9. RegulatorComEdApr 2026Pending
    Commerce Commission investigation into large-load ratepayer protections

    When approving ComEd's deposit tariff the commission ordered staff to open a proceeding by 23 April 2026 to identify further ratepayer protections and cost recovery mechanisms for large loads. The review is to be completed within eight months or as quickly as possible, which points to about the end of 2026.

    pv-magazine-usa.com
  10. RegulatorComEdMar 2026In force
    ComEd large demand project deposits approved (order link cites docket P2025-0677)

    Approved 19 March 2026. Projects of 50 MW or more pay a deposit of $1 million for 50 to 200 MW plus $500,000 for each further 100 MW, replacing a flat $1 million. ComEd reported more than 75 large-load projects in its pipeline seeking over 28 GW against a 24 GW record peak.

    capitolnewsillinois.com
  11. LocalAuroraMar 2026In force
    Aurora data center ordinances after 180-day moratorium

    On 24 March 2026 the City Council set lower sound limits, required sound studies and resource consumption reports, and made every new data center subject to council approval. The moratorium adopted in autumn 2025 was extended by 30 days at the same time.

    nprillinois.org
  12. LocalJolietMar 2026In force
    Joliet approves Hillwood and PowerHouse campus

    The City Council voted 8 to 1 on 19 March 2026 to approve preliminary plans and annexation for a roughly $20 billion, 795-acre campus of up to 24 buildings drawing up to 1.8 GW in four phases.

    therealdeal.com
  13. LocalNapervilleJan 2026Failed
    Naperville rejects Karis Critical data center

    The City Council voted 6 to 1 in January 2026 against a 36 MW, 145,000 square foot facility, citing uncertainty about future electricity supply and cost, noise and emissions.

    bisnow.com
  14. State lawJun 2019In force
    Data Center Investment Program (2019 sales tax exemption and construction tax credit)

    Created in 2019. A state report found 27 data centers received more than $983 million in benefits from 2020 to 2024. Existing agreements continue; new agreements have been on hold since 1 July 2026.

    capitolnewsillinois.com

Indiana

Light ↑ TighteningState still recruits; 25 counties and Indianapolis have paused data centers11 items
10in force
0pending
3local pauses
intact, with conditionstax break
2.5combined index (5 most)
9.3cper kWh, industrial
23 October 2026reviewed
Regulation2.4 / 5
  1. Grid connection2

    The I&M settlement of 19 Feb 2025 puts 70 MW loads on reviewed contracts with commission sign-off on capacity cuts above 20%; HEA 1007 speeds generation.

  2. Power rates3

    HEA 1007 (6 May 2025) makes 150 MW loads reimburse at least 80% of allocable project costs; I&M and NIPSCO (June 2026) contracts add customer-paid generation.

  3. Siting and land use4

    By Sept 2026, 25 of 92 counties had moratoria and three had bans, and Indianapolis blocked new data centers through 31 Dec 2027 (council vote 10 Aug 2026).

  4. Tax treatment2

    The 2019 sales tax exemption is intact; HB 1210, signed 12 March 2026, only requires a local agreement before a certificate is used.

  5. Permits and water1

    No water, air permit or disclosure rule for data centers is in force at state level.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

State incentives remain in place: the 2019 sales tax exemption survived a 2026 repeal attempt, and the 2025 energy law (HEA 1007) speeds approval of generation for large loads while requiring those customers to reimburse at least 80% of project costs. Most of the new rules are local. Indiana University researchers counted 25 of 92 counties with moratoria and three with bans by September 2026, and Marion County (Indianapolis) halted new data centers through 31 December 2027. Lawmakers responded in 2026 with HB 1210, which requires an exempt data center user to sign an agreement with the local unit before using its tax certificate, rather than limits on local control; a 1% local revenue share passed the House in HB 1333 but that bill died in the Senate.

Outlook

The 2027 budget session begins in January and is likely to revisit the exemption, local revenue sharing and local control, after HB 1333's 1% local share died in the Senate Utilities Committee in 2026. The Indianapolis pause runs to 31 December 2027 while a committee writes zoning standards for the Marion County code. County moratoria kept spreading through the summer, with Washington County's 12-month pause in August 2026 and Switzerland County's one-year pause on 31 August 2026, and more are being considered. At the commission, the NIPSCO special contract and generation for Amazon's northern Indiana data centers were approved on 17 June 2026, and the Indiana Michigan Power large-load terms of February 2025 remain the template for other utilities.

Grid: PJM, MISOReviewed 23 October 2026Research confidence: Low

Indiana: full entry, every item and its source →

  1. LocalStatewide countiesSep 2026In force
    County moratoria and bans (Indiana University count)

    By early September 2026, 25 of Indiana's 92 counties had data center moratoria and three had bans (Marshall and Cass were named in July). Switzerland County adopted a one-year moratorium on 31 August 2026; Jefferson County declined to start one.

    bondbuyer.com
  2. LocalIndianapolis / Marion CountyAug 2026In force
    Indianapolis moratorium through 2027

    The City-County Council voted 23 to 1 on 10 August 2026 and the Metropolitan Development Commission voted 6 to 0 on 19 August 2026 to block new data centers until at least 31 December 2027. The rule adds a definition of data center to the zoning code and sets up a committee to study standards. Three approved projects (DC Blox, Metrobloks, Sabey) are not affected.

    wfyi.org
  3. LocalWashington CountyAug 2026In force
    Washington County moratorium of up to 12 months

    County commissioners approved by voice vote a moratorium on commercial and large-scale data center development, reported 5 August 2026. It covers structures over 2,000 square feet built mainly to house data-processing equipment and lasts until a data center ordinance is adopted or 12 months pass.

    cpo.soar.com
  4. LocalStatewide countiesJul 2026In force
    Mid-2026 county tally: ordinances, moratoria and bans

    As of July 2026 the Environmental Resilience Institute counted 11 counties with data center ordinances, at least 17 with temporary moratoria and 2 with bans, nearly a third of all counties.

    wfyi.org
  5. RegulatorNIPSCOJun 2026In force
    NIPSCO special contract for Amazon data centers approved

    According to parent company NiSource, the commission on 17 June 2026 approved in full a settlement, a special contract with Amazon and a related power purchase agreement for new data centers in northern Indiana, and in a separate order approved the gas combined-cycle and battery storage resources to serve them. The data center customer funds the generation and transmission built for it and existing customers receive bill credits as the load ramps up; NiSource projects about $1.4 billion in savings for existing customers. The company release does not give megawatts or cause numbers.

    businesswire.com
  6. State lawMar 2026In force
    Local revenue share for exempt data centers (IC 6-2.5-15-15.5, 2026 session)

    HB 1210 (Public Law 157), signed 12 March 2026, requires a qualified data center user to sign an agreement with the local unit before using a transaction award certificate. The House version of HB 1333 would have required the user to pay at least 1% of the exempt sales tax on equipment to local government for certificates issued after 30 June 2026, but HB 1333 died in the Senate Utilities Committee after a 5 February 2026 referral; whether the 1% share was enacted through HB 1210's conference report could not be confirmed from a source opened.

    legiscan.com
  7. State lawJan 2026Failed
    HB 1333: attempt to end the data center sales tax exemption

    As introduced by Rep. Kendell Culp the bill would have eliminated the state sales and use tax exemption for data centers. On 20 January 2026 the House Utilities, Energy and Telecommunications Committee amended it to remove the repeal and substitute a requirement that data center users give at least 1% of their sales tax savings to local governments. The amended bill passed the House 54 to 45 on 2 February 2026 and died in the Senate Utilities Committee.

    legiscan.com
  8. State lawMay 2025In force
    HEA 1007 (Public Law 217): large loads and expedited generation

    Signed 6 May 2025. Applies to customers adding more than the lesser of 150 MW or 5% of the utility's average peak, with over $500 million invested. They must reimburse at least 80% of project costs allocable to them; the commission must rule on generation plans in 90 days and specific projects in 150 days. Also creates a 20% tax credit for manufacturing small modular reactors.

    taftlaw.com
  9. State lawApr 2025In force
    SEA 424: small modular reactor development cost recovery

    Signed 10 April 2025 as Public Law 48. Utilities may seek commission approval to incur small modular reactor development costs before a certificate is issued, and must recover 80% of approved costs through the approved rate schedule over the shorter of the incurrence period or three years, with the other 20% deferred to the next general rate case.

    legiscan.com
  10. RegulatorIndiana Michigan PowerFeb 2025In force
    Indiana Michigan Power large-load settlement (order 46097)

    Approved 19 February 2025 in a settlement with Amazon, Google, Microsoft and consumer advocates. Applies to new or expanded loads of 70 MW or more (150 MW across one company); any planned cut of more than 20% in contracted capacity needs commission review.

    utilitydive.com
  11. State lawJul 2019In force
    Data center sales and use tax exemption (IC 6-2.5-15)

    In place since 2019 (HB 1405). Exempts equipment and electricity from the 7% sales tax for 25 years, or 50 years at $750 million of investment. Minimum investment is $25 million to $150 million depending on county population. A 2025 amendment extended it to quantum and advanced computing with a $50 million minimum.

    fbtgibbons.com

Iowa

Light ↑ TighteningState tax breaks intact; some 40 Iowa counties and cities now pause data centers15 items
11in force
2pending
10local pauses
narrowedtax break
2.3combined index (5 most)
9.3cper kWh, industrial
23 October 2026reviewed
Regulation2.0 / 5
  1. Grid connection1

    No connection, own-power or reliability rule in force; HF 2447's tariff-before-construction requirement failed in 2026.

  2. Power rates1

    No large-load tariff or rate class; Alliant's confidential QTS agreements were still awaiting commission review as of Sept 2026.

  3. Siting and land use3

    More than 40 local moratoria (tracker of 22 Oct 2026) include Linn County to 1 Jan 2028 and Johnson to 8 Aug 2027, but Council Bluffs and Polk stay open.

  4. Tax treatment3

    HF 976, signed 6 June 2025, caps the electricity and backup fuel exemption at 10 or 15 years for new $200 million projects and adds registration.

  5. Permits and water2

    HF 976 adds annual reporting to keep the exemption, but no water, energy or NDA rule passed; HF 2447 failed in 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Iowa still offers sales and property tax exemptions for data centers, but a 2025 law (HF 976) limits the electricity and backup fuel exemptions for new or expanded large centers to 10 or 15 years and adds registration and annual reporting. Bills in 2026 to require a separate data center rate class and water and energy reporting did not pass, and there is still no statewide large-load tariff; Alliant is instead seeking Iowa Utilities Commission review of confidential individual rate agreements for the QTS campus in Cedar Rapids. The pushback is local and growing: a tracker updated 22 October 2026 lists more than 40 Iowa counties and cities with moratoria in force, including Linn County's 18-month pause adopted in July 2026, one-year pauses in Sioux and Emmet counties, Dubuque's six-month hyperscale pause of 21 September 2026 and Waterloo's 90-day pause of 8 September 2026.

Outlook

Johnson County extended its moratorium to 8 August 2027 on 15 October 2026, Linn County's runs to 1 January 2028 unless the board shortens or extends it, and Story County's now runs to 31 March 2027. Waterloo's council plans a further vote on a six-month pause on hyperscale projects, and Dubuque County is studying a countywide ban. The commission has yet to rule on Alliant's confidential QTS rate agreements or its certificate application for the Morgan Valley gas plant. Rate class and reporting bills are likely to return in the 2027 session, and Republican governor nominee Zach Lahn proposed a temporary statewide pause on new data center projects on 24 August 2026 ahead of the 3 November election.

Grid: MISO, SPPReviewed 23 October 2026Research confidence: Medium

Iowa: full entry, every item and its source →

  1. LocalJohnson CountyOct 2026In force
    Johnson County extends data center moratorium to August 2027

    On 15 October 2026 the Board of Supervisors voted 5 to 0 to extend the county's one-year moratorium, first adopted in November 2025 and due to expire in November 2026, to 8 August 2027 so planning staff can finish a data center ordinance.

    kcrg.com
  2. LocalStatewide, local governmentsOct 2026In force
    Roughly 40 Iowa counties and cities now have data center moratoria

    A national tracker updated 22 October 2026 lists more than 40 Iowa local moratoria in force, including Story County (extended to 31 March 2027), Clayton County (through 31 December 2026), Adams County (24 months from June 2026), Shelby County (through July 2027), Palo Alto County (through 8 July 2027), Poweshiek County (one year from 28 September 2026), Marshall County (six months from 23 September 2026) and Peosta (extended to 18 June 2027). Council Bluffs and Salix rejected moratoria.

    programs.com
  3. LocalWaterlooSep 2026In force
    90-day data center moratorium

    The City Council adopted a three-month moratorium on new data centers on 8 September 2026, effective immediately, and plans a later vote on a six-month pause on hyperscale projects. Dubuque was reported to be moving toward a moratorium of its own.

    broadbandbreakfast.com
  4. LocalDubuque (city)Sep 2026In force
    Dubuque six-month moratorium on hyperscale data centers

    The City Council approved a six-month moratorium on 21 September 2026 covering any facility over 100,000 square feet, over 75 MW of demand, 50 or more gallons per minute of water, or 5,000 or more servers. It holds applications and utility requests while staff study water, energy and infrastructure impacts and draft permanent standards; the council can extend it. A 2025 city survey of 3,777 residents found 76 percent opposed to a data center.

    kcrg.com
  5. RegulatorAlliant Energy / Cedar RapidsSep 2026Pending
    Alliant asks regulators to review confidential QTS rate agreements

    As reported on 10 September 2026, Alliant has asked the Iowa Utilities Commission to review individual rate agreements with QTS for its Cedar Rapids data center, with terms kept confidential, and has applied for a certificate for the Morgan Valley gas plant, one of three planned gas peaking plants. Iowa Business for Clean Energy called for more public scrutiny of who pays; Alliant says it has 3.4 GW of contracted data center demand and a five-year base rate freeze. No commission decision was reported.

    newsfromthestates.com
  6. LocalEmmet CountyAug 2026In force
    Emmet County one-year data center moratorium

    The county approved a one-year moratorium on data centers, reported 25 August 2026.

    ktiv.com
  7. ExecutiveAug 2026Proposed
    Republican governor nominee proposes temporary statewide data center pause

    On 24 August 2026 Zach Lahn, the Republican candidate for governor, proposed a temporary pause on new data center projects so the state can set rules and require developers to show benefits to Iowans. He called it a pause rather than a ban and gave no end mechanism. The election is 3 November 2026.

    kcrg.com
  8. LocalLinn CountyJul 2026In force
    18-month data center moratorium

    The Board of Supervisors voted 2 to 1 on 1 July 2026 to pause rezoning applications to the EU-3 Large-Scale Data Center district in unincorporated Linn County for 18 months, to 1 January 2028, while it revises the data center ordinance it adopted in February 2026. The board can shorten or extend the pause; cities inside the county are not covered.

    linncountyiowa.gov
  9. LocalAsbury (Dubuque County)Jul 2026In force
    Asbury 180-day data center moratorium

    The City Council voted unanimously on 14 July 2026 for a 180-day moratorium, effective immediately, to study impacts and draft a permanent ordinance.

    kcrg.com
  10. LocalSioux CountyJun 2026In force
    Sioux County one-year data center moratorium

    The county in northwest Iowa placed a one-year moratorium on data centers, reported 23 June 2026.

    ktiv.com
  11. LocalWoodbury CountyJun 2026In force
    Woodbury County one-year data center moratorium

    The Board of Supervisors voted unanimously on 23 June 2026 to pause new data centers in unincorporated areas for one year. The report counted at least eight Iowa counties with temporary restrictions at that point, including Johnson, Dubuque, Madison, Plymouth, Shelby, Adair and Clarke.

    cbs2iowa.com
  12. LocalDubuque CountyMay 2026In force
    Dubuque County 12-month data center moratorium

    The Board of Supervisors voted 2 to 1 on 26 May 2026 for a 12-month moratorium on data centers in the county, lengthened from a proposed 120 days. In July the board moved to hire a consultant to study a countywide ban.

    kcrg.com
  13. State lawApr 2026Failed
    HF 2690: data center rate class and reporting

    Would have required utilities to create a data center rate class and data centers to report energy and water use. It did not advance out of committee in the 2026 session.

    mwalliance.org
  14. State lawFeb 2026Failed
    HF 2447: water and energy reporting, tariff before construction

    Would have required quarterly water and energy reports, a separate data center tariff, and no construction or expansion until the serving utility had filed that tariff. It cleared a House subcommittee in February 2026 but was not enacted.

    iowapublicradio.org
  15. State lawJun 2025In force
    HF 976: time limits on electricity and fuel exemptions

    Signed 6 June 2025. For projects of $200 million or more, the sales tax exemption on electricity and backup fuel is capped at the first 10 years in cities over 30,000 people and 15 years elsewhere; centers operating before that date keep it without limit. Large centers must register and report annually, with new exemption certificates used from 1 February 2026.

    nyemaster.com

Kansas

Light ↑ Tightening2025 tax break stands; some 20 local moratoria and a governor's race fight15 items
10in force
2pending
7local pauses
intact, with conditionstax break
2.4combined index (5 most)
8.5cper kWh, industrial
23 October 2026reviewed
Regulation2.2 / 5
  1. Grid connection2

    Evergy's plan, approved 6 Nov 2025, gives 75 MW loads a five-year ramp and makes them fund their own transmission upgrades; no study fee or own-power rule.

  2. Power rates3

    Evergy's 6 Nov 2025 large-load plan requires 12 years of service and a minimum bill on 80% of contracted demand above 75 MW.

  3. Siting and land use3

    About 20 local pauses (tracker 22 Oct 2026) include Sedgwick County into Dec 2026, Topeka, Shawnee County and Lawrence; Johnson County cities keep approving.

  4. Tax treatment2

    SB 98, effective 1 July 2025, gives a 20-year sales tax exemption at $250 million and 20 jobs with water conservation and utility purchase terms; intact.

  5. Permits and water1

    No water, air permit or disclosure rule in force; SB 531's drought-county ban failed in 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Kansas enacted a 20-year sales tax exemption for data centers investing $250 million or more in 2025 (SB 98), with water conservation terms and a requirement to buy power from the local utility for 10 years. The Kansas Corporation Commission approved Evergy's large-load rate plan in November 2025 for loads over 75 MW. No further data center law passed in 2026. Local resistance is the main brake: a tracker updated 22 October 2026 lists about 20 Kansas local moratoria or bans, Sedgwick County, around Wichita, has extended its data center moratorium three times and it now runs into December 2026, Saline County has a three-year moratorium, Topeka and Lawrence have paused for one and two years, and southern Johnson County cities are fighting over individual projects. The governor nominees split on SB 98: Democrat Cindy Holscher calls for a pause on new data centers and Republican Ty Masterson defends the law with a ratepayer protection pledge.

Outlook

The 3 November 2026 election picks a new governor, with Holscher backing a pause and Masterson proposing that developers pay full electricity costs and that the Corporation Commission confirm cost coverage in rate cases; repeal or tightening of SB 98, a moratorium and siting limits are likely to be filed for the 2027 session either way. Voters in El Dorado decide a ten-year ban on high-impact data centers and voters in Emporia a prohibition on data centers above 10 MW or 100,000 gallons a day on the same ballot, with legal questions over the Emporia measure still pending. Sedgwick County is due to adopt data center regulations or extend its moratorium again in December 2026, with a progress check on 2 December, and Shawnee County bars final action on applications until 17 February 2027. Edgerton completed city approvals for the DAMAC project on 24 September 2026, and opponents have discussed litigation and a petition requiring voter approval of data center projects.

Grid: SPPReviewed 23 October 2026Research confidence: Medium

Kansas: full entry, every item and its source →

  1. LocalEl Dorado and EmporiaNov 2026Proposed
    High-impact data center bans on the 3 November 2026 ballot

    El Dorado's commission adopted a moratorium on high-impact data centers and Tier 2 and 3 battery storage through 30 November 2026 on 13 July 2026 while contesting a citizen petition in court; voters in El Dorado will decide a ten-year ban and voters in Emporia a prohibition on data centers with peak load above 10 MW or water draw above 100,000 gallons a day. Legal questions over the Emporia measure remain pending.

    multistate.us
  2. LocalStatewide, local governmentsOct 2026In force
    About 20 Kansas local moratoria or bans now in force

    A national tracker updated 22 October 2026 lists roughly 20 Kansas local restrictions, including McPherson County's ban outside city limits (31 August 2026), Franklin County through 31 December 2028, Harvey County through 2028, Miami and Dickinson counties for three years, Marion County to 1 June 2027, Lyon County to 22 January 2027, Riley County to 12 November 2026, Kingman County for 18 months, and Marysville, Bourbon County and South Hutchinson for about a year. Leavenworth County's 90-day pause expired in August after an extension failed.

    programs.com
  3. ExecutiveOct 2026Proposed
    Governor's race: candidates split on moratorium and SB 98 repeal

    Before the 4 August 2026 primary several of ten candidates backed a statewide moratorium or repeal of the SB 98 tax break. The nominees are now Democrat Cindy Holscher, who voted for SB 98 but now calls for a pause on new data centers until guardrails on water, bills and jobs are in place, and Republican Senate President Ty Masterson, who defends SB 98 and proposes a Kansas Ratepayer Protection Pledge requiring developers to pay full electricity costs, barring eminent domain for data centers and having the Corporation Commission confirm cost coverage in rate cases. The election is 3 November 2026.

    hppr.org
  4. LocalEdgerton (Johnson County)Sep 2026In force
    Council overrides planning commission to advance DAMAC data center

    On 16 July 2026 the City Council unanimously overrode the planning commission's June denial of DAMAC Digital's $860 million data center at Logistics Park Kansas City. The final plat was then approved by the Planning Commission on 8 September and by the City Council on 24 September 2026, completing city approvals. Opponents have discussed litigation and a petition requiring voter approval of data center projects.

    edgertonks.org
  5. LocalSedgwick CountySep 2026In force
    Data center moratorium extended a third time, into December 2026

    The County Commission first halted building and conditional use permits for data centers for 90 days in January 2026, then extended the pause in March and again in May. In a unanimous vote reported on 3 September 2026 it extended the moratorium a third time because the planning commission had not finished proposed regulations. The report gives the new end date as both 11 December and 24 December, with a progress check on 2 December.

    foxkansas.com
  6. LocalShawnee CountyAug 2026In force
    Shawnee County bars final action on data center applications until February 2027

    Commissioners voted 2 to 1 on 13 August 2026 that no final action may be taken on new data center applications before 17 February 2027 while the county hires engineers to study impacts. Applications, including a resubmission by Compass Datacenters, may still be filed.

    wibw.com
  7. LocalTopekaJul 2026In force
    Topeka 12-month data center moratorium

    The City Council voted on 14 July 2026 for a 12-month moratorium pausing any data center consideration in the city while it studies how to govern them.

    wibw.com
  8. LocalLawrenceJul 2026In force
    Lawrence two-year moratorium on large-scale data centers

    The City Commission unanimously approved a two-year moratorium on large-scale data centers on 14 July 2026, doubling the one year originally proposed, with an exception process for applications.

    lawrencekstimes.com
  9. LocalGeary CountyJun 2026In force
    Geary County one-year moratorium on data centers and energy projects

    Commissioners voted unanimously on 22 June 2026 for a one-year moratorium in unincorporated areas covering data centers, wind, solar, battery storage and crypto mining; already permitted projects are exempt.

    ksnt.com
  10. LocalEdgerton and Gardner (Johnson County)Jun 2026Failed
    Moratorium requests rejected

    Edgerton's council voted 3 to 2 in June 2026 against a six-month pause on data center applications, and Gardner turned down a similar request earlier that month. De Soto, with at least two proposals, was studying noise and setback rules instead.

    govtech.com
  11. LocalSaline CountyMar 2026In force
    Three-year moratorium on data centers, nuclear and hydrogen plants

    The County Commission voted 4 to 0 on 17 March 2026 to bar construction of data centers, nuclear power plants and hydrogen-based energy facilities in unincorporated areas for three years, to about March 2029; commissioners can shorten or extend it. Some wanted to wait until after the next election so voters could weigh in.

    ksn.com
  12. State lawFeb 2026Failed
    SB 531: no new large data centers in drought-emergency counties

    Would have barred new large-load data centers in any county with a drought emergency declared in the previous three years. Introduced in the 2026 session and not enacted.

    kslegislature.gov
  13. State lawFeb 2026Failed
    SB 526: limit the tax exemption to industrial-zoned land

    Would have made the SB 98 exemption available only on land zoned industrial or manufacturing, or unzoned, as of 1 July 2025. Introduced in the 2026 session and not enacted.

    kslegislature.gov
  14. RegulatorEvergy KansasNov 2025In force
    Evergy large-load rate plan approved

    Approved by the Kansas Corporation Commission on 6 November 2025 as a settlement: new loads over 75 MW get up to five years to ramp up, must then take service for at least 12 years, pay a minimum based on 80% of contracted demand and fund their own transmission upgrades. Staff estimated these customers pay 7% to 10% more than existing industrial customers.

    utilitydive.com
  15. State lawApr 2025In force
    SB 98: 20-year data center sales tax exemption

    Signed 24 April 2025, effective 1 July 2025. Requires $250 million of investment within five years and 20 jobs; the firm must commit to water conservation and to buying power from the local utility for 10 years.

    ryan.com

Kentucky

Moderate ↑ TighteningBroad state incentives; governor's order on bills; first county ban and more moratoria22 items
16in force
5pending
8local pauses
intact, with conditionstax break
2.5combined index (5 most)
7.4cper kWh, industrial
23 October 2026reviewed
Regulation2.8 / 5
  1. Grid connection3

    EKPC Rate DCP (30 Oct 2025) takes a six-month deposit and needs dedicated resources above 250 MW; LG&E/KU EHLF adds long contracts, no own-power mandate.

  2. Power rates3

    Rate EHLF (16 Feb 2026) and Rate DCP carry minimum revenue payments, collateral and deposits; the Aug 2026 governor's order on cost shifting has no penalties.

  3. Siting and land use4

    About 30 local pauses or bans as of 22 Oct 2026 include Louisville (Aug 2026), Lexington to Oct 2027 and a Woodford County ban, so both main metros are shut.

  4. Tax treatment2

    HB 775 (2025) extends the equipment sales tax exemption to every county for up to 50 years; the Aug 2026 order only asks projects not to avoid local taxes.

  5. Permits and water2

    The 6 Aug 2026 executive order requires an energy plan filing and tells the cabinet to refuse harmful permits, but states no penalties and sets no limits.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Kentucky still recruits data centers at state level: a 2025 law extended the sales and use tax exemption on data center equipment to every county for up to 50 years, and on 13 October 2026 Mason County approved a 40-year bond and payment-in-lieu deal for Meta's roughly 3,000-acre campus near Maysville. The 2026 General Assembly passed no data center regulation after a House-passed ratepayer protection bill (HB 593) was stripped out on the last day of the session, and Gov. Beshear followed in August 2026 with an executive order requiring developers to show they will not raise other customers' bills. Cost protection otherwise sits with the Public Service Commission, which approved LG&E and KU's Extremely High Load Factor tariff in February 2026, East Kentucky Power Cooperative's data center tariff in October 2025 and a Big Rivers contract with TeraWulf in August 2026. Siting is left to local governments: Woodford County banned data centers outright in September 2026, Louisville adopted a six-month moratorium in August 2026, Lexington extended its moratorium to October 2027, and a tracker updated 22 October 2026 lists roughly 30 Kentucky local moratoria or bans in force.

Outlook

Rep. Adam Moore and Rep. Josh Bray are drafting bipartisan data center bills for the 30-day 2027 session that starts in January, and a revived ratepayer protection bill and a reported 'Hyperscale Ready Community' framework for local approval are also expected. Local pauses come up for renewal through 2027: Russell's and Versailles' run to December 2026, Scott County's to March 2027, Daviess County's to about May 2027 and Lexington's to 31 October 2027, while Oldham County's moratorium stays in place until its permanent ordinance passes. Georgetown is considering an outright hyperscale ban and Hopkinsville is drafting rules. Two Simpson County cases are pending: TenKey LandCo's challenge to the county ordinance covering its self-powered Franklin campus and a residents' suit over Franklin's March 2026 plan approval.

Grid: PJM, MISO, TVAReviewed 23 October 2026Research confidence: Medium

Kentucky: full entry, every item and its source →

  1. LocalMason CountyOct 2026In force
    Mason County approves 40-year bond and PILOT deal for Meta hyperscale campus

    On 13 October 2026 the Fiscal Court unanimously approved a 40-year industrial revenue bond, a development agreement and road improvements for Meta's roughly 3,000-acre campus near Maysville. The county holds title and leases the land, so Meta pays no local property tax; it instead pays $5 million a year per phase to the county and $2 million per phase to schools, rising to $30 million and $12 million at full buildout. The first phase is a single building of nearly 400 MW with a stated $10 billion to $15 billion investment; up to six buildings are zoned.

    baxtel.com
  2. LocalLexington-FayetteOct 2026In force
    Lexington extends data center moratorium to October 2027

    The Urban County Council voted 11 to 0 in the week of 6 October 2026 to extend its moratorium on new data center development, due to expire 31 October 2026, to 31 October 2027. Draft zoning changes would keep a ban on data centers over 50,000 square feet, cap energy use at 25 MW, set a 30 decibel noise limit and confine smaller facilities to industrial or a new exclusive-use zone.

    spectrumnews1.com
  3. LocalStatewide, local governmentsOct 2026In force
    About 30 Kentucky local moratoria or bans now in force

    A national tracker updated 22 October 2026 lists roughly 30 Kentucky local restrictions, including London through 30 September 2028, Rowan County two years, Scott County extended to March 2027 (24 September 2026), Winchester one year (1 September 2026), Logan County 12 months, Boyd County six months (EastPark exempt), Nicholasville six months, Versailles through 31 December 2026, and moratoria in Butler, Edmonson, Boyle, Breckinridge, Meade and Nelson counties.

    programs.com
  4. State lawOct 2026Proposed
    Bipartisan data center bills being drafted for the 2027 session

    Kentucky Lantern reported on 15 October 2026 that Rep. Adam Moore (D-Lexington) and Rep. Josh Bray (R-Mount Vernon) are preparing data center legislation for the January 2027 session, with residents from Pike and Daviess counties urging state rather than local regulation. Hopkinsville is drafting regulations, Georgetown is considering an outright hyperscale ban and ethics complaints were filed over Carrollton council votes on land deals for a hyperscale project.

    the-messenger.com
  5. LocalWoodford CountySep 2026In force
    First permanent county ban on data centers

    The Woodford County Fiscal Court voted unanimously in early September 2026 (reported as 8 September) to permanently ban data center construction, the first Kentucky county to do so. No project had been proposed there. In Burgin, a council member walked out on 9 September to deny a quorum and block a vote on a proposed data center project.

    newsfromthestates.com
  6. LocalBell County, RussellSep 2026In force
    Bell County and Russell moratoria

    Bell County has a two-year moratorium and the city of Russell a six-month moratorium running to December 2026, joining Cave City. Russell's mayor learned in June 2026 of a proposed 2 GW data center on the former AK Steel site, described as an $8 billion to $12 billion project. Pikeville has signed a memorandum with a developer to explore a data center.

    savrn.com
  7. LocalMercer CountySep 2026In force
    Mercer County one-year moratorium and rejection of hyperscale zoning near E.W. Brown

    The Fiscal Court unanimously passed a one-year moratorium on new data center applications in unincorporated areas on 11 August 2026, and on 28 September 2026 unanimously rejected zoning rules that would have created an industrial technology district for hyperscale data centers next to the E.W. Brown Generating Station, less than a mile from Shaker Village. The moratorium does not reach the city of Burgin, which has no zoning and is weighing annexation for Panattoni's Project Bluegrass.

    newsfromthestates.com
  8. LocalLouisville MetroAug 2026In force
    Six-month moratorium tabled

    A Metro Council committee tabled a proposed six-month data center moratorium on 2 June 2026, after the Planning Commission approved a 1.6 million square foot data center in West Louisville in March 2026. The council then passed a six-month moratorium 24 to 1 in mid-August 2026. Bowling Green's commission rejected a moratorium 3 to 2 on 2 June and adopted zoning rules instead.

    programs.com
  9. ExecutiveAug 2026In force
    Governor's executive order: data centers must show no harm to ratepayers

    Gov. Andy Beshear's order of 6 August 2026 requires developers to file an energy plan with the Energy and Environment Cabinet showing no detrimental impact, tells the Public Service Commission not to let a utility raise rates to recover data center costs, and directs the cabinet to refuse permits that would harm air, water or natural resources. Projects must not avoid local or school taxes and are expected to hold public discussions. The order states no penalties, and the Republican House Speaker and Senate President say it lacks enforcement.

    wkms.org
  10. RegulatorBig Rivers Electric, Hancock CountyAug 2026In force
    PSC approves Big Rivers contract with TeraWulf

    On 21 August 2026 the Public Service Commission approved the contract between Big Rivers Electric and TeraWulf for a data center at an idled aluminum smelter in Hancock County. TeraWulf is also building at an industrial park shared by Greenup and Boyd counties.

    newsfromthestates.com
  11. LocalOldham CountyAug 2026Pending
    Permanent data center regulations before Fiscal Court

    The Fiscal Court held a public hearing and second reading on planning commission-recommended data center regulations on 18 August 2026. The county's moratorium stays in place until an ordinance passes; options included amending the draft or tabling it until 2027.

    wdrbwave.com
  12. LocalBullitt CountyJul 2026In force
    One-year pause on data centers

    The Fiscal Court passed a 12-month moratorium on data center development on 21 July 2026; it can be ended early or extended by the court.

    spectrumnews1.com
  13. State lawJun 2026Proposed
    Draft 2027 framework: 'Hyperscale Ready Community' designation

    Draft legislation expected in the 2027 session would require a locality to hold a state designation before hosting a hyperscale data center, earned through public hearings, a vote of the fiscal court or council, and a local ordinance on setbacks, noise and water. Limits on NDAs and ratepayer cost protection are also under discussion. Not yet introduced.

    dbllaw.com
  14. LocalDaviess County, Allen County, Cave City, AshlandMay 2026In force
    County and city moratoria

    Daviess County enacted a 12-month moratorium on data center construction in late May 2026. Allen County passed a 24-month moratorium, Cave City a one-year moratorium in spring 2026, and Ashland a six-month pause on applications earlier in 2026.

    route-fifty.com
  15. State lawApr 2026Failed
    HB 593 ratepayer protection bill dies on final day

    The bill passed the House 90-8. It would have required large data centers to contract to cover transmission and infrastructure costs attributable to them, pay a $75,000 application fee, and comply with local rules to keep state tax breaks. Its language was added to SB 197 and then removed on 15 April 2026; LG&E and KU opposed it.

    wkms.org
  16. CourtFranklin (Simpson County)Apr 2026Pending
    Residents sue over Franklin data center approval

    Franklin's Planning and Zoning Commission approved a preliminary plan on 3 March 2026 for a 147-acre data center with on-site power generation. A citizens group sued in Simpson Circuit Court on 2 April 2026, arguing the project should have gone through conditional-use review.

    wbko.com
  17. RegulatorLG&E and KUFeb 2026In force
    Extremely High Load Factor (EHLF) tariff approved, Case 2025-00113

    The PSC's 16 February 2026 rate case orders approved Rate EHLF with modifications for future customers such as data centers, with long-term contracts, minimum revenue payments and collateral. A federal lab survey lists a 50 MVA threshold and an 85 percent load factor requirement. As proposed, the terms were a 15-year contract and payment for at least 80 percent of forecast demand; the final figures were not confirmed.

    stocktitan.net
  18. LocalSimpson CountyJan 2026Pending
    County data center ordinance challenged by developer

    A December 2025 county ordinance requires any new data center, and any related on-site energy system, to sit in heavy industrial zoning with a conditional use permit. TenKey LandCo, which plans a $5 billion campus in Franklin powered by its own gas turbines with no grid connection, sued in January 2026, arguing the county cannot override city zoning.

    wkms.org
  19. RegulatorEast Kentucky Power CooperativeOct 2025In force
    Data Center Power Tariff (Rate DCP), Case 2025-00140

    Approved with modifications by PSC order of 30 October 2025. Applies to loads of 15 MW or more with a 60 percent load factor; loads above 250 MW need dedicated resources, which the customer may supply. The PSC raised the deposit to six months of expected maximum bills, removed the cap on the application fee (minimum $75,000) and requires its approval of every special contract.

    psc.ky.gov
  20. RegulatorLG&E and KUOct 2025In force
    Certificate for two gas plants to meet data center load, Case 2025-00045

    On 28 October 2025 the PSC approved about $3 billion for two gas units totaling roughly 1.3 GW and extended the Ghent 2 coal unit, citing 1,470 MW of expected load growth. The utilities may not build if the load does not appear and the plants would not be least cost.

    wkms.org
  21. LocalOldham CountyJul 2025In force
    150-day moratorium after 600 MW proposal

    The Fiscal Court passed a 150-day moratorium on 1 July 2025 after Western Hospitality Partners withdrew a $6 billion, 600 MW proposal and filed a smaller $1.5 billion plan. A moratorium was still in place in August 2026 while permanent rules were drafted.

    datacenterdynamics.com
  22. State lawMar 2025In force
    HB 775 (2025): sales tax exemption extended statewide

    Extends the sales and use tax exemption on data center equipment from Jefferson County only to any county, with minimum investment of $450 million in counties of 100,000 or more people, $100 million in counties of 50,000 to 100,000, and $25 million in smaller counties. The exemption can run up to 50 years for projects of at least $450 million.

    stites.com

Louisiana

Minimal → SteadyRegulators fast-track gas plants for Meta; few obligations on developers11 items
7in force
3pending
1local pause
intact, with conditionstax break
1.7combined index (5 most)
6.1cper kWh, industrial
23 October 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    The 17 Dec 2025 Lightning directive lets utilities skip competitive bidding to serve large loads; three Entergy plants for Meta were approved 21 Aug 2025.

  2. Power rates1

    No large-load tariff exists; Meta is served under a 20-year agreement approved 21 Aug 2025 with no take-or-pay, collateral or separate rate class on record.

  3. Siting and land use2

    New Orleans barred data centers for a year from 28 Jan 2026, the only pause in force and outside the Richland and Caddo-Bossier markets.

  4. Tax treatment2

    Act 730's 20-year sales tax exemption stands; order JML 26-058 (25 Jun 2026) asks LED to condition it on power price effects, with no criteria published.

  5. Permits and water1

    No water, air or disclosure rule is in force; on 12 Aug 2026 the PSC let Meta keep its load and jobs figures confidential.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Louisiana is among the most accommodating states for large data centers. The Public Service Commission approved three Entergy gas plants for Meta's Hyperion campus in August 2025, adopted a fast-track directive in December 2025 that drops competitive bidding for large-load supply, and is using it to review seven more plants costing over $21 billion. A 2024 law gives a 20-year sales tax exemption for projects of $200 million and 50 jobs. Pushback so far is limited: New Orleans barred data center development for a year from January 2026, a June 2026 executive order asks the economic development agency to condition the exemption on electricity price effects, consumer groups are in court over Meta's confidential load figures, and Caddo Parish is debating a pause on local tax incentives. No statewide large-load tariff or moratorium was found.

Outlook

The Public Service Commission is expected to vote on the seven-plant application in Docket U-37882 on 18 November 2026, the date Entergy requested, or in December, after the November election for two open commission seats. Louisiana Economic Development's new conditions for the tax exemption were due about late September 2026 under the governor's order; no published version was found as of 23 October, and the agency has said Meta, Amazon, Applied Digital and Hut 8 already hold the exemption and may fall outside the new rules. The appeal over Meta's disclosure, filed in late September 2026, is pending in the 19th Judicial District Court. New Orleans' one-year moratorium, adopted 28 January 2026, can be extended under the city charter, and Caddo Parish's proposed two-year pause on parish tax incentives sits in committee.

Grid: MISO, SPPReviewed 23 October 2026Research confidence: Medium

Louisiana: full entry, every item and its source →

  1. CourtRichland ParishSep 2026Pending
    Court appeal over Meta disclosure in the seven-plant case

    In late September 2026 the Alliance for Affordable Energy and the Union of Concerned Scientists asked the 19th Judicial District Court to reverse the Public Service Commission's decision to cancel a subpoena for Meta's load and jobs figures.

    ucs.org
  2. RegulatorEntergy LouisianaAug 2026In force
    PSC lets Meta keep load and jobs figures confidential

    On 12 August 2026 the Public Service Commission voted 3-1 to overturn its administrative law judge, who had ordered Meta to disclose investment, permanent jobs and expected electricity demand for the Richland Parish campus.

    wrkf.org
  3. LocalCaddo ParishAug 2026Proposed
    Caddo Parish proposal to pause data center tax incentives

    In August 2026 a commissioner proposed a two-year moratorium on parish tax benefits for new and expanded data centers, revisiting a 2025 incentive pilot. The commission sent it to committee after the parish attorney said a moratorium cannot be made by resolution.

    ksla.com
  4. ExecutiveJun 2026In force
    Executive order JML 26-058 on data center tax exemption conditions

    Signed 25 June 2026. Gives Louisiana Economic Development 90 days to set new requirements for claiming the data center sales and use tax exemption; data centers that raise electricity prices across the grid should not qualify unless other benefits outweigh the increase. It does not bind the Public Service Commission or apply to Entergy's generation plans.

    lailluminator.com
  5. ExecutiveJun 2026In force
    Already certified projects may fall outside the new exemption conditions

    The executive order's framework is called the Louisiana Ratepayer and Community Protection Initiative, and the economic development secretary is to write its criteria. Louisiana Economic Development said Meta (Richland Parish), Amazon (Caddo-Bossier), Applied Digital (Rapides Parish) and Hut 8 (West Feliciana) have already applied for and been granted the exemption, so the new rules may not reach them; the framework was modeled on their agreements. The report is undated.

    ktbs.com
  6. RegulatorEntergy LouisianaApr 2026Pending
    Fast-track review of seven more gas plants for Meta (Docket U-37882)

    On 15 April 2026 the Public Service Commission voted 4-1 to review Entergy's application, costing more than $21 billion in total, on an accelerated schedule of under eight months, without competitive bidding or an administrative law judge's recommendation. Entergy asked for a final vote on 18 November 2026; a watchdog group's August update expects it in December 2026.

    wrkf.org
  7. LocalSt. Charles ParishApr 2026Failed
    St. Charles Parish rejects eight-month data center moratorium

    On 6 April 2026 the Parish Council voted 5-3 against an eight-month moratorium pending data center regulations; opponents said it would signal the parish is closed for business. The parish president introduced a data center zoning ordinance for consideration in May.

    heraldguide.com
  8. LocalNew OrleansJan 2026In force
    New Orleans citywide data center moratorium

    The City Council voted 6-0 on 28 January 2026 to bar data center development, including server farms and crypto mining, for one year through an interim zoning district while the planning commission writes rules; the council expects the ban to become permanent and the charter allows extension. A national tracker updated 22 October 2026 lists the pause as active and extendable to two years.

    wwno.org
  9. RegulatorDec 2025In force
    'Lightning' fast-track directive for large loads

    Adopted 4-1 on 17 December 2025. Utilities serving new large-load customers may skip the competitive bidding the commission normally requires for new generation. It follows Gov. Landry's 'Lightning Speed' initiative to cut red tape for economic development.

    eenews.net
  10. RegulatorEntergy LouisianaAug 2025In force
    Three gas plants approved for Meta's Hyperion campus

    On 21 August 2025 the Public Service Commission approved Entergy Louisiana's three gas plants, plus renewables and transmission, mainly to serve Meta's Richland Parish data center. Meta's subsidiary has a 20-year agreement; the campus is now planned to reach 5 GW by 2032.

    san.com
  11. State lawJul 2024In force
    Data center sales and use tax exemption (R.S. 47:305.73, Act 730 of 2024)

    Exempts qualifying data center equipment and construction from state and local sales tax for projects that invest at least $200 million and create 50 permanent jobs, with the investment made between 1 July 2024 and 1 July 2029. Agreements run 20 years and can be renewed once for 10 more.

    legis.la.gov

Maine

Light ↑ TighteningTax incentives removed; statewide moratorium vetoed; council reports January 20277 items
5in force
1pending
3local pauses
gonetax break
2.2combined index (5 most)
14.2cper kWh, industrial
23 October 2026reviewed
Regulation2.4 / 5
  1. Grid connection1

    No large-load study, fee or own-power rule is in force; the 29 Apr 2026 order only tells the energy department to look for ratepayer protections.

  2. Power rates2

    The 29 Apr 2026 executive order directs a search for ratepayer protections and a council report by 29 Jan 2027, but no tariff or binding term exists.

  3. Siting and land use3

    More than a dozen towns hold 180-day pauses as of 22 Oct 2026, including Scarborough, Westbrook and Gorham in the Portland market, Bangor, and an Eastport ban.

  4. Tax treatment5

    LD 713, signed 23 Apr 2026, removes data centers from the business equipment tax exemption and the Dirigo program outright.

  5. Permits and water1

    No water reporting, air permit or disclosure rule for data centers is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

LD 713, signed April 23, 2026, removes data centers from the business equipment tax exemption and the Dirigo business incentive. The Legislature also passed LD 307, a moratorium on data centers above 20 MW until November 2027, but Governor Mills vetoed it on April 24 because it had no exemption for a $550 million project at the closed Androscoggin Mill in Jay, and the House override failed 72 to 65. By executive order she created a 15-member Maine Data Center Advisory Council and told the energy department to find ways to protect ratepayers. Towns have filled the gap: more than a dozen, including Bangor, Scarborough, Brunswick, Westbrook and Gorham, have 180-day moratoria, and Eastport banned large-scale data centers in September 2026. No large-load tariff or self-supply law was found.

Outlook

The economic development department's study of data center incentives is due November 4, 2026 and the advisory council's strategy report, with any proposed legislation, is due January 29, 2027. Governor Mills is term limited, so a new governor and Legislature elected on November 3, 2026 will decide whether the moratorium returns. Local pauses keep spreading and renewing: Bangor extended its moratorium 8-0 on September 28, 2026 to about April 2027, Old Town adopted a six-month pause in its industrial zones on October 5, 2026, Bethel's began October 15, 2026, Saco's runs to November 28, 2026, and Bucksport and Buxton have measures pending. The Jay mill project's permit status was not checked.

Grid: ISO-NEReviewed 23 October 2026Research confidence: Medium

Maine: full entry, every item and its source →

  1. LocalOld TownOct 2026In force
    Old Town six-month moratorium in industrial zones

    The City Council voted unanimously on 5 October 2026 for a six-month moratorium on data centers in the city's industrial zones, retroactive to 8 September and expiring in March 2027 with a possible extension to June; other zones already bar data centers.

    bangordailynews.com
  2. LocalStatewide, townsOct 2026In force
    More than a dozen Maine towns now have data center moratoria or bans

    A national tracker updated 22 October 2026 lists 180-day moratoria in Scarborough, Brunswick (1 MW and above), Westbrook and Gorham from June 2026, Paris from 28 September 2026, Bethel from 15 October 2026 and Eastport, which converted its August moratorium into a ban on large-scale data centers on 9 September 2026 after an underwater data center proposal. A separate tracker lists Saco (extended to 28 November 2026), Dover-Foxcroft (180 days from 28 September) and pending measures in Bucksport and Buxton. Sanford's 91-day emergency moratorium expired 18 August 2026.

    programs.com
  3. LocalBangorSep 2026In force
    Bangor extends 180-day data center moratorium

    The City Council voted 8-0 on 28 September 2026 to extend its 180-day moratorium, first adopted 13 April 2026, by another 180 days, to about April 2027.

    wabi.tv
  4. ExecutiveApr 2026In force
    Executive order creating the Maine Data Center Advisory Council

    Signed April 29, 2026. A 15-member council will evaluate existing and proposed large data centers and report a strategy and any recommended legislation by January 29, 2027. The governor also directed the Department of Energy Resources to find ways to shield ratepayers from data center energy costs.

    mainemorningstar.com
  5. State lawApr 2026In force
    LD 713, data centers removed from tax incentive programs

    Signed April 23, 2026. Data centers no longer qualify for the business equipment tax exemption or the Dirigo Business Program, and the economic development department must report on data center incentives by November 4, 2026.

    stateside.com
  6. State lawApr 2026Vetoed
    LD 307, statewide data center moratorium, veto sustained

    Would have barred data centers larger than 20 MW until November 2027. Vetoed April 24, 2026; the House voted 72 to 65 to override on April 29, short of two thirds.

    maine.gov
  7. LocalJay (Franklin County)Apr 2026Pending
    Androscoggin Mill data center redevelopment

    A $550 million data center redevelopment of the paper mill that closed in 2023 was the governor's stated reason for the veto; her veto message says the project is under contract, has received several permits and is expected to create more than 800 construction jobs and at least 100 permanent jobs, reusing existing buildings, water and electrical infrastructure.

    maine.gov

Maryland

Moderate ↑ TighteningState review above 25 MW by executive order; 14 counties paused or banned15 items
11in force
3pending
4local pauses
narrowedtax break
3.4combined index (5 most)
12.2cper kWh, industrial
23 October 2026reviewed
Regulation3.4 / 5
  1. Grid connection3

    The Utility RELIEF Act (12 May 2026) makes 25 MW loads pay their grid upgrades, register and pay at least $1,000 per MW; clean capacity tiers are voluntary.

  2. Power rates4

    The 2025 Next Generation Energy Act and 12 May 2026 RELIEF Act mandate a separate large-load rate class with PJM capacity pass-through; tariffs pending.

  3. Siting and land use4

    Harford's ban (10 Jun 2026) and pauses in Frederick, Montgomery, Prince George's, Howard and Baltimore cover nearly every market, plus state review at 25 MW.

  4. Tax treatment3

    The 2020 sales tax exemption stands, but the 23 Sep 2026 order strips Commerce-recommended incentives from projects rated Not Aligned by the task force.

  5. Permits and water3

    The RELIEF Act (12 May 2026) requires energy and water reporting by registered large loads and the 23 Sep 2026 order bars state agency NDAs; no hard limits.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Maryland's 2025 Next Generation Energy Act required utilities to create large-load tariffs, and the 2026 Utility RELIEF Act (HB 1532) lowered the threshold to 25 MW and added mandatory registration, energy and water reporting, a fee of at least $1,000 per MW and pass-through of PJM capacity costs. Utilities filed large-load tariffs with the Public Service Commission by 1 September 2026. On 23 September 2026 Governor Moore added a layer by executive order: a new Data Center Accountability Task Force reviews every project of 25 MW or more that seeks state permits or support, rates it against ratepayer, grid, economic, community and environmental tests, and state agencies may no longer sign nondisclosure agreements with developers. At county level the response has been sharper: Harford banned data centers in June 2026, Prince George's adopted a two-year moratorium, Montgomery's council passed an 18-month moratorium in July 2026, Anne Arundel's council passed a moratorium to 31 January 2028 on 5 October 2026, and Frederick, Howard, Baltimore County, Baltimore City and Carroll have pauses running into 2027. A state study of data center impacts, ordered over the governor's veto, was due 1 September 2026 and had not been published as of 23 October.

Outlook

The commission opens hearings on the Potomac Edison and Exelon large-load tariffs in Public Conference 72 on 23 October 2026, with further hearings on 8 to 11 December 2026. Governor Moore says he will ask the 2027 session, which opens in January, to repeal the 2020 data center sales and use tax exemption, and advocates plan further bills. Existing large loads must register with the commission by 1 March 2027. Frederick County's pause, extended to 1 July 2027, is under challenge in a suit Quantum Maryland filed on 8 October 2026 seeking to void it and damages it says could exceed $500 million. Other county pauses run to 2 November 2027 (Howard), 31 December 2027 (Baltimore County) and 31 January 2028 (Anne Arundel, unless the county adopts comprehensive rules sooner, and pending the county executive's signature).

Grid: PJMReviewed 23 October 2026Research confidence: High

Maryland: full entry, every item and its source →

  1. LocalAnne Arundel CountyOct 2026Approved, not yet effective
    Moratorium on new data centers to 31 January 2028 (Bill 63-26)

    The County Council passed Bill 63-26 as amended by 7 to 0 on 5 October 2026. It halts new data center development until 31 January 2028, or sooner if the county adopts comprehensive data center legislation. The bill began as a ban on new privately operated data centers and was changed to a moratorium in September. Projects already in the development process can generally continue. The report does not say whether the county executive has signed it.

    wmar2news.com
  2. CourtFrederick CountyOct 2026Pending
    Quantum Maryland sues to void Frederick County's pause

    Quantum Maryland LLC, managed by Catellus, sued Frederick County, its Planning Commission and County Executive Jessica Fitzwater in Frederick County Circuit Court on 8 October 2026, arguing the executive exceeded her authority by freezing data center applications despite council-approved zoning and acted for political reasons. It asks the court to invalidate the moratorium, restore access to the approval process and award damages it says could exceed $500 million. The county does not comment on litigation.

    foxbaltimore.com
  3. LocalBaltimore County, Baltimore City, Howard, Carroll, Anne ArundelSep 2026In force
    County and city pauses

    Baltimore County extended its pause to 31 December 2027 on 22 September 2026. Baltimore City has a one-year pause on facilities of 10 MW or more from July 2026, Howard's runs from 4 August 2026 to 2 November 2027, and Carroll adopted a one-year pause on 19 February 2026. Anne Arundel's council passed a moratorium to 31 January 2028 on 5 October 2026 (see separate item).

    wmar2news.com
  4. LocalFrederick CountySep 2026In force
    Pause on new data center applications; referendum blocked

    County Executive Jessica Fitzwater ordered a halt to intake and review of new data center applications on 1 July 2026, the day after the Maryland Supreme Court (30 June 2026) kept a residents' referendum on the roughly 2,600-acre data center overlay zone off the ballot. The order first ran to 31 December 2026; on about 14 September 2026 she rejected a proposed $110 million community benefits agreement with Quantum Maryland and extended the pause to 1 July 2027. Approved projects and construction under way are exempt. Quantum Maryland LLC sued the county, its Planning Commission and Fitzwater in Frederick County Circuit Court on 8 October 2026 to void the moratorium.

    foxbaltimore.com
  5. ExecutiveSep 2026In force
    Executive Order 01.01.2026.16: state review of data centers of 25 MW or more

    Signed by Governor Moore on 23 September 2026. Any facility or expansion with projected or actual peak demand of 25 MW or more is reviewed by a new Maryland Data Center Accountability Task Force in the Governor's Office when the developer seeks a state permit, incentive or support, or when a state agency, local government or the Public Service Commission refers it. Projects are rated Aligned, Conditionally Aligned or Not Aligned against ratepayer and grid protection, economic benefit, community voice, environmental protection and transparency. Not Aligned projects lose state facilitation, letters of support and Commerce-recommended incentives and have their permit reviews deferred until local land use approvals are documented. State agencies may not sign or renew nondisclosure agreements with developers, and a public dashboard updated at least monthly lists projects, power and water demand and commitments. Permits already issued are unaffected. Moore also said he will ask the 2027 session to repeal the 2020 data center sales and use tax exemption.

    governor.maryland.gov
  6. RegulatorAll electric utilitiesSep 2026Pending
    Large-load tariff filings due at the Public Service Commission

    Each utility had to file a large-load tariff by 1 September 2026 under the Next Generation Energy Act as amended by the Utility RELIEF Act. Tariffs must reach customers above 25 MW and pass PJM capacity costs assigned to those customers through to them. Potomac Edison and the Exelon utilities (BGE, Delmarva Power, Pepco) filed proposals in Public Conference 72; the Exelon companies announced theirs on 29 September 2026. The commission scheduled a hearing for 23 October 2026 and further hearings on 8 to 11 December 2026.

    kentcountycrier.com
  7. UtilityBGE, Delmarva Power, PepcoSep 2026Pending
    Exelon utilities file large-load tariff proposal (PC 72)

    BGE, Delmarva Power and Pepco announced on 29 September 2026 that they had filed a Large Load Tariff proposal with the Public Service Commission under the Next Generation Energy Act and Utility RELIEF Act, meant to make large new customers pay their share of grid costs and post financial safeguards before transmission and distribution investments. The commission set a hearing for 23 October 2026 and further hearings for 8 to 11 December 2026. Potomac Edison filed its own proposal.

    kentcountycrier.com
  8. LocalPrince George's County, Montgomery CountyJul 2026In force
    Two-year moratorium and 18-month pause

    Prince George's adopted a two-year moratorium in early July 2026 after a task force review. Montgomery's executive ordered a six-month pause on permit applications in June 2026, and the council then passed an 18-month moratorium unanimously in late July 2026 (see separate item).

    venable.com
  9. LocalMontgomery CountyJul 2026In force
    18-month moratorium passed by the council

    The 11-member County Council voted unanimously in late July 2026 (reported as Tuesday 28 July) for an 18-month moratorium, replacing the six-month pause the county executive ordered in June. It takes effect when signed, and existing data centers are not affected. The council plans to study noise, water use, the Potomac River and tax rates during the pause. The developer of a proposed data center in Dickerson said its project could not proceed for now.

    wtop.com
  10. LocalHarford CountyJun 2026In force
    Countywide ban on data centers

    The council passed the ban unanimously and the county executive signed it on 10 June 2026, making Harford the first Maryland county to prohibit data centers.

    wmar2news.com
  11. State lawMay 2026In force
    Utility RELIEF Act (HB 1532, Chapter 353): large-load threshold cut to 25 MW

    Signed as emergency legislation on 12 May 2026. A large-load customer is now one with at least 25 MW of monthly demand and a load factor above 60 percent (down from 100 MW and 80 percent), and such customers must pay for the grid upgrades needed to connect them.

    mintz.com
  12. State lawMay 2026In force
    Utility RELIEF Act: large-load registration, reporting and clean-capacity rating

    Large loads must register with the Public Service Commission and report energy and water use, paying a fee of at least $1,000 per MW of peak load. A voluntary clean capacity program creates tiers that reward projects adding new clean generation, joining demand response or managing peak demand. Existing large loads must register by 1 March 2027 and utilities may not submit PJM load adjustments for unregistered customers after 1 July 2027.

    mintz.com
  13. State lawFeb 2026Failed
    HB 120 statewide data center moratorium died in committee

    A Republican-sponsored 2026 bill (Delegates Fisher, Chisholm, M. Morgan, Szeliga) would have barred construction and approval of new data centers until the General Assembly enacted legislation on co-locating data centers with gas, nuclear or small modular reactor generation. It had a hearing on 3 February 2026 in the Environment and Transportation Committee and died there.

    mgaleg.maryland.gov
  14. State lawDec 2025In force
    Data center impact study (SB 116 of 2025) enacted over veto

    Governor Moore vetoed the study bill in May 2025; the legislature overrode the veto on 16 December 2025 (Senate 44 to 0, House 109 to 21). The Department of the Environment, the Maryland Energy Administration and the University of Maryland Smith School of Business were to report on energy, environmental and economic impacts, with the Department of Legislative Services to submit it by 1 September 2026. As of mid September 2026 the report was still described as forthcoming.

    technical.ly
  15. State lawMay 2025In force
    Next Generation Energy Act of 2025: first large-load tariff mandate

    Signed in May 2025. It required utilities to file separate rate schedules for large loads, then defined as 100 MW with an 80 percent load factor, and stated that residential customers should not bear the financial risk of large-load customers.

    penncapital-star.com

Massachusetts

Moderate ↑ TighteningTax break paused; permits above 25 MW need community agreement7 items
5in force
2pending
0local pauses
paused or sunsettax break
2.8combined index (5 most)
20.0cper kWh, industrial
23 October 2026reviewed
Regulation3.4 / 5
  1. Grid connection4

    Executive Order 658 (8 Sep 2026) makes projects above 25 MW supply new clean energy equal to their use from day one or pay until they can.

  2. Power rates2

    Order 658 (8 Sep 2026) tells the utility regulator to design large-load rates that keep upgrade costs off other customers, but no rate or term exists yet.

  3. Siting and land use4

    Order 658 (8 Sep 2026) bars state permits above 25 MW without a community benefits agreement statewide; Holyoke banned new data centers and Lowell is paused.

  4. Tax treatment4

    The governor paused new qualified data center certifications on 26 Jun 2026 with no end date, so the 20-year sales tax exemption is closed to new awards.

  5. Permits and water3

    Order 658 (8 Sep 2026) bars agencies from signing NDAs, and a court blocked more Markley diesel generators on 10 Aug 2026; water rules are still due.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

The 2024 economic development law created a 20-year sales and use tax exemption for qualified data centers, but on June 26, 2026 Governor Healey stopped new certifications until standards on energy, water and community impact are in place. Executive Order 658, signed September 8, 2026, bars state permits for data centers above 25 MW unless the developer follows the state framework and files a community benefits agreement, and it requires clean energy matching and new large-load rates. Holyoke became the first Massachusetts community to ban new data centers by zoning, Lowell has a temporary local moratorium and a court has blocked extra diesel generators at the Markley site there, and Everett is weighing an ordinance that would cap new data centers at 5 MW.

Outlook

The environmental agency must set the alternative clean energy payment mechanism by December 31, 2026 and the state owes towns further siting guidance by year end. The utility regulator still has to design the large-load rates, and the administration's Mass Wins economic bill, which carries the June 2026 framework, is the likely route for putting the rules into statute. Everett's council outcome on the 5 MW ordinance, due for debate on May 26, 2026, has not been confirmed, and residents' challenge to the Markley air approval in Lowell continues under the August 10, 2026 Superior Court order. The governor faces Republican candidate Mike Minogue on November 3, 2026.

Grid: ISO-NEReviewed 23 October 2026Research confidence: Medium

Massachusetts: full entry, every item and its source →

  1. ExecutiveSep 2026In force
    Executive Order 658: permit conditions above 25 MW

    Signed September 8, 2026. State agencies may not permit a data center built or expanded after that date with peak demand above 25 MW unless it conforms to the June 2026 state framework and submits a community benefits agreement reviewed by the environmental justice office. Agencies may not sign nondisclosure agreements. There is no grandfathering clause.

    bdlaw.com
  2. ExecutiveSep 2026Approved, not yet effective
    Executive Order 658: clean energy matching and large-load rates

    Covered projects must supply new clean energy equal to their use from day one or make payments until they can, under a mechanism the environmental agency must set by December 31, 2026. The utility regulator must design large-load rates so other customers do not pay for data center upgrades.

    boston25news.com
  3. CourtLowellAug 2026In force
    Markley generators blocked; city moratorium

    On August 10, 2026 a Superior Court judge temporarily blocked four more backup diesel generators at Markley Group's data center while residents challenge the state air approval. Lowell also has a temporary moratorium on new or expanded data centers while it writes zoning standards.

    bdlaw.com
  4. ExecutiveJun 2026In force
    Pause on data center tax incentive certifications

    On June 26, 2026 the governor paused new qualified data center certifications, which unlock the sales and use tax exemption, until protections on energy cost, water and community impact are in place. No end date was given.

    news.bloomberglaw.com
  5. LocalHolyokeJun 2026In force
    Holyoke bans new data centers by zoning

    Holyoke's City Council amended its zoning to ban new data centers, the first Massachusetts community to do so (reported by WBUR in September 2026; the vote is understood to have been in June 2026). The ordinance carves out the existing Massachusetts Green High Performance Computing Center, which is permitted to draw up to 12 MW from the grid and currently uses less.

    wbur.org
  6. ExecutiveJun 2026Pending
    June 2026 state data center framework and Mass Wins bill

    Released with the pause: developers should bring clean energy for 100 percent of demand, avoid local water scarcity, limit air and noise pollution and not add costs to municipal systems. The administration put data center policy into its Mass Wins economic bill, which is pending.

    hoodline.com
  7. LocalEverettMay 2026Proposed
    Proposed data center zoning ordinance

    Everett's planning and development board voted unanimously in April 2026 for an ordinance allowing a data center on part of the 105-acre former ExxonMobil site only if it is no larger than 20,000 square feet and 5 MW, uses closed-loop non-potable cooling, keeps a 200-foot setback with noise monitoring, runs on renewable power over an owner-funded line and has no diesel backup. The Davis Companies, part of the Everett Landco joint venture, told the council the size cap 'effectively represents a full ban'. The City Council was to take it up on 26 May 2026; the outcome was not confirmed.

    bostonglobe.com

Michigan

Light ↑ TighteningTax break intact; Google cleared state and township in October amid 50-plus local moratoria14 items
7in force
7pending
1local pause
intacttax break
2.3combined index (5 most)
9.0cper kWh, industrial
4 November 2026reviewed
Regulation2.4 / 5
  1. Grid connection3

    Every load above 100 MW needs a PSC-approved contract; the 1 Oct 2026 Google approval ties service to funding 1,600 MW of renewables and 480 MW of storage.

  2. Power rates4

    Consumers' tariff (6 Nov 2025) sets 15-year terms, 80% take-or-pay and a no-subsidy showing per load; DTE contracts carry 80% minimum bills and exit payments.

  3. Siting and land use3

    51 cities and townships held moratoria as of April 2026, 14 in Washtenaw County, yet Saline and Van Buren (14 Oct 2026) both cleared gigawatt campuses.

  4. Tax treatment1

    The 30 Dec 2024 sales and use tax exemptions stand uncapped and Wayne County's $125 million exemption survived a veto on 1 Oct 2026; repeal has not moved.

  5. Permits and water1

    No water, air or disclosure rule is in force; the water withdrawal and NDA bills from Dec 2025 sit in committee.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Michigan enacted hyperscale sales and use tax exemptions at the end of 2024 and has since approved power contracts for two gigawatt-scale campuses: Oracle and OpenAI in Saline Township (December 2025) and Google in Van Buren Township (1 October 2026), where the township planning commission approved the final site plan 5 to 1 on 14 October 2026 and the county commission overrode the county executive's veto of a tax exemption worth more than $125 million. The Public Service Commission requires long contracts and an 80% minimum bill for loads over 100 MW. Opposition is broad: more than 50 cities and townships have moratoria, the attorney general has appealed the Saline approval, and bills to repeal the exemption or pause approvals statewide are pending. The governor's office has signaled it would veto bills that block economic growth.

Outlook

Jocelyn Benson (D) won the governor's race on 3 November 2026 with about 54.5% and takes office on 1 January 2027, and Democrats flipped the House and kept the Senate in unofficial results, so from January 2027 one party controls the governorship and both chambers for the first time since 2024. Benson calls data centers an opportunity if handled through a transparent and rigorous process with limits on water use and management of energy demand, and her campaign lists guardrails on transparency, public hearings, clean energy and water and land; she has not called for a moratorium or for repeal of the 2024 tax exemptions. The outgoing Legislature meets in a lame-duck session through December 2026, where the repeal, moratorium and regulation bills could still move, and otherwise the House Democratic package on full cost recovery, community benefits, water and NDAs can be refiled in 2027. Voters also passed Proposal 2, which bars regulated utilities and large state contractors from campaign spending. Attorney General Nessel's 30 October 2026 petition for rehearing of the DTE Google contracts in Case U-22058 and her consolidated appeal of the Saline contracts at the Court of Appeals are pending, DTE still expects to announce about 2 GW of new data center agreements by the end of 2026, each needing commission approval above 100 MW, and Google's Van Buren service is expected to start in December 2027 and reach full load by December 2028.

After the 3 November 2026 election
  • Governor Jocelyn Benson (D). Benson calls data centers "an incredible opportunity" if done "the right way" through a "transparent and rigorous process" with limits on water use and management of energy demand, and her campaign lists guardrails including transparency, public hearings, clean energy and protection of water and land. home.mirs.news
  • Legislature Democratic both chambers, control changed. Democrats flipped the House (Capitol press projections of 60 to 63 of 110 seats, from a 58-52 Republican majority) and kept the Senate (projected 23-15), restoring the trifecta from January 2027; results are unofficial and some House races were not yet called. yahoo.com
  • Commission Public Service Commission members are appointed by the governor; no seat was on the ballot.
  • Proposal 2 (Money Out of Politics) (state, passed) Bans campaign contributions and spending by regulated electric and gas utilities, by contractors with more than $250,000 a year in government contracts, and by people and organizations with substantial ties to them. planetdetroit.org
  • Mason (Ingham County) Voters recalled council member Elaine Ferris over council actions on a proposed roughly $1 billion hyperscale campus in neighboring Vevay Township, electing challenger Pam Oliver with about 58%, and a slate opposed to the project won all four regular council seats; the council had earlier repealed its data center ordinance rather than send it to referendum. recall succeeded. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: PJM, MISOReviewed 4 November 2026Research confidence: High

Michigan: full entry, every item and its source →

  1. RegulatorDTE ElectricOct 2026Approved, not yet effective
    DTE special contracts for Google's 1 GW campus (Van Buren Township)

    Conditionally approved 1 October 2026 after the state's first contested case on a hyperscale contract: 20-year term, minimum bill of 80% of contracted capacity, termination payment covering at least 15 years of minimum charges, and Google funding up to 1,600 MW of renewables and 480 MW of storage. The attorney general had sought a 90% minimum.

    michiganpublic.org
  2. LocalVan Buren Township / Wayne CountyOct 2026In force
    Van Buren Township approves Google final site plan; county tax exemption stands

    The Van Buren Township Planning Commission approved the final site plan for the 282-acre, 1 GW Google campus and substation by 5 to 1 on 14 October 2026, with commissioners saying they were compelled to because data centers are a principal permitted use on industrially zoned land. The Wayne County Commission had overridden County Executive Warren Evans' veto of a tax exemption worth more than $125 million on 1 October 2026; Google agreed to pay $15 million each to the county and the township. DTE told the commission service is expected to start in December 2027 and reach full load by December 2028.

    michiganpublic.org
  3. UtilityDTE ElectricOct 2026Proposed
    DTE says another 2 GW of data center deals are coming by year end

    DTE told investors and The Detroit News (7 October 2026) that developers seeking about 2 GW are in advanced discussions and that it expects to announce new data center agreements by the end of 2026, with 3 to 4 GW more possible later. Its new long-range plan proposes two gas plants costing $6.4 billion, which environmental groups tie to data center demand. Any new special contracts above 100 MW would go to the Public Service Commission.

    planetdetroit.org
  4. RegulatorDTE ElectricOct 2026Pending
    Attorney General petitions MPSC for rehearing of DTE Google data center contracts

    On 30 October 2026 Attorney General Dana Nessel filed a petition for rehearing in MPSC Case U-22058, which approved DTE Electric special contracts with Google for a hyperscale data center in Van Buren Township. The petition argues the Commission applied the wrong burden of proof, accepted a contract-long aggregation method that lets other customers subsidize the data center from 2035 to 2038, ignored transmission costs and should reject a cap on Google and Alphabet's liability. The AG asks the Commission to adopt her recommendations or reject the contracts outright.

    michigan.gov
  5. State lawSep 2026Proposed
    Senate plan to repeal the data center sales and use tax exemptions

    In September 2026 Sen. Jim Runestad said he will introduce a bill to repeal the 2024 exemptions; the original House sponsor is drafting a bill to allow more disclosure about the tax breaks. The Michigan Chamber opposes repeal.

    wilx.com
  6. State lawJun 2026Proposed
    House Democratic data center regulation package

    Proposed in June 2026: data centers would pay the full cost of their electricity, sign community benefits agreements, face water use rules and noise studies, and nondisclosure agreements with local governments would be banned. Not passed.

    planetdetroit.org
  7. Local51 cities and townshipsApr 2026In force
    Local moratoria across Michigan

    An MLive count in April 2026 found 51 cities and townships with data center moratoria covering about 1,466 square miles, including 14 communities in Washtenaw County; terms run from 90 days to two years. Howell Township's pause was followed by withdrawal of a project reportedly tied to Meta.

    govtech.com
  8. CourtSaline TownshipFeb 2026In force
    Saline Township settlement stands; resident intervention denied

    The township board denied rezoning of 575 acres in September 2025, was sued by the landowners and Related Digital for exclusionary zoning, and settled to let the 1.4 GW Oracle and OpenAI campus proceed. In February 2026 a Washtenaw County judge denied a resident's motion to intervene.

    planetdetroit.org
  9. State lawFeb 2026Pending
    Statewide moratorium bills (HB 5594, 5595, 5596)

    Bipartisan bills introduced in late February 2026 would bar state and local permits and Public Service Commission approvals for data centers until 1 April 2027. They have not moved. The governor's office did not comment on these bills, but a spokesperson said in February that any legislation that prevents economic growth and job creation would be vetoed.

    planetdetroit.org
  10. RegulatorDTE ElectricDec 2025In force
    DTE special contracts for Saline Township campus (Oracle and OpenAI, 1.4 GW)

    The commission conditionally approved the contracts in December 2025 without a contested case. Attorney General Dana Nessel appealed and filed her opening brief on 7 August 2026, asking the Court of Appeals to void the approval and send the contracts back for a contested case. Earthjustice, the Sierra Club, the Michigan Environmental Council and the Natural Resources Defense Council filed a separate brief the same day, and the court consolidated the appeals. No ruling was found as of 10 October 2026.

    michiganadvance.com
  11. State lawDec 2025Pending
    Repeal and water bills from December 2025 (HB 5396, SB 761 to 763, HB 5399)

    HB 5396 would repeal the large data center tax exemptions; SB 761 to 763 would limit data center water withdrawals above 2 million gallons a day and add water and energy reporting; HB 5399 would bar officials from signing nondisclosure agreements. None had left committee as of March 2026.

    planetdetroit.org
  12. State lawDec 2025Pending
    Bipartisan three-bill package to repeal the exemptions

    Unveiled 16 December 2025 by Reps. Jim DeSana (R) and Dylan Wegela (D) to repeal the sales and use tax exemptions for hyperscale data centers. The sponsors expected an uphill fight.

    bridgemi.com
  13. RegulatorConsumers EnergyNov 2025In force
    Consumers Energy large-load tariff terms

    Approved 6 November 2025. New loads above 100 MW must sign for at least 15 years and pay for 80% of expected monthly demand whether used or not, with up to five years to ramp up. Consumers must show each new large load is not subsidized by other customers.

    utilitydive.com
  14. State lawDec 2024In force
    2024 data center sales and use tax exemptions (SB 237, Public Act 181 of 2024, and House companion)

    Signed 30 December 2024. SB 237 exempts data center equipment used by an enterprise data center from the use tax; a companion House bill covers the sales tax. These exemptions helped attract the Saline Township campus.

    legislature.mi.gov

Minnesota

Moderate ↑ Tightening2025 law sets terms; courts and cities now slow projects12 items
7in force
4pending
2local pauses
narrowedtax break
2.8combined index (5 most)
10.0cper kWh, industrial
23 October 2026reviewed
Regulation3.2 / 5
  1. Grid connection3

    The 2025 law makes the PUC approve each 100 MW service agreement and charges $2 million to $5 million a year; Xcel's tariff (15 May 2026) needs 15-year terms.

  2. Power rates4

    Xcel's tariff (15 May 2026) creates a separate very large customer class with 15-year terms and an 80% exit fee under a statute assigning all caused costs.

  3. Siting and land use3

    Inver Grove Heights (Jun 2026) and Eagan (Feb 2026) pause the Twin Cities market, and courts halted Pine Island (26 May 2026) and remanded Faribault.

  4. Tax treatment3

    The June 2025 law ends the electricity exemption and ties the 35-year equipment exemption to $250 million, prevailing wage and green building conditions.

  5. Permits and water3

    The June 2025 law attaches special permit conditions above 100 million gallons of water a year; no NDA ban or hard cap passed in 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Minnesota's June 2025 special-session law is the main state rule: a 35-year equipment sales tax exemption, no exemption on electricity, annual fees of $2 million to $5 million for loads of 100 MW and up, extra water permit conditions and a requirement that the Public Utilities Commission approve each very large customer agreement. The commission approved Xcel Energy's large-load tariff on 15 May 2026 and is now reviewing Google's service agreements for Pine Island (Xcel) and Hermantown (Minnesota Power); on 1 October 2026 Attorney General Keith Ellison filed comments saying the Pine Island agreement does not meet the 2025 law's cost assignment requirement. The 2026 legislature passed no data center bill. Environmental review lawsuits have halted Google's Pine Island project and sent Faribault's review back to the city, and several Twin Cities suburbs have adopted one-year moratoria.

Outlook

The commission still has to rule on the two Google service agreements (Dockets 26-159 and 26-170; comment periods closed 28 August and 8 September 2026; no decision date published), and the attorney general's 1 October 2026 objection to the Pine Island agreement is the main new input before it decides. Minnesota Power's Very Large Power tariff (Docket 26-126, filed 15 July 2026) and Otter Tail Power's data center rate application (Docket 26-211, filed May 2026) are also awaiting approval. The Pine Island construction halt stands while the environmental review lawsuit is decided, suits over the Hermantown and Farmington approvals remain active, Eagan's moratorium is under court challenge, and North Mankato has a moratorium hearing scheduled. Bills on nondisclosure agreements, water permits and environmental review failed in 2026 and are likely to return in the 2027 session, and data center opposition is a campaign issue in the November 2026 elections.

Grid: MISO, SPPReviewed 23 October 2026Research confidence: Medium

Minnesota: full entry, every item and its source →

  1. RegulatorXcel Energy / Pine IslandOct 2026Pending
    Attorney General objects to Xcel and Google service agreement (Docket 26-170)

    Attorney General Keith Ellison filed comments with the Public Utilities Commission on 1 October 2026 saying the 15-year Xcel and Google (Echo Zone LLC) agreement does not meet Minn. Stat. 216B.1622, which requires all costs attributable to very large customers to be assigned to them, and could leave other Xcel customers with millions and possibly more than $1 billion in extra costs. Xcel and Google dispute this; Google would fund about 1,900 MW of new wind, solar and storage at no cost to existing customers. On 11 October the Rochester Area Chamber formally backed the project.

    mprnews.org
  2. RegulatorMinnesota Power / HermantownAug 2026Pending
    Minnesota Power and Google service agreement (Docket 26-159)

    Filed 26 March 2026 for a Google subsidiary's Hermantown campus; the comment period closed 28 August 2026 and the commission will approve, modify or reject it at a public meeting. The Xcel and Google agreement for Pine Island (Docket 26-170) was filed 14 April 2026 with comments due 8 September.

    mn.gov
  3. LocalEaganJul 2026In force
    One-year moratorium challenged in court

    Eagan adopted a one-year moratorium on new or expanded data centers in February 2026; a data center owner sued the city over it in July 2026.

    mprnews.org
  4. LocalElk RiverJul 2026In force
    City declines to change rules to allow data centers

    In July 2026 the city refused to amend its rules for a smaller proposed data center after strong resident opposition.

    mprnews.org
  5. LocalFarmington, Hermantown, North MankatoJul 2026Pending
    Resident and environmental lawsuits over city approvals

    As of late July 2026, Stop the Hermantown Data Center had an active case over Google's project and the Coalition for Responsible Data Center Development had sued Farmington over a proposed data center park. The Minnesota Center for Environmental Advocacy dropped its North Mankato case because no project materialized, and North Mankato scheduled a hearing on a proposed moratorium. In August 2026 Hermantown's project still needed city council approval.

    nextcity.org
  6. UtilityMinnesota Power, Otter Tail PowerJul 2026Pending
    Minnesota Power and Otter Tail large-load tariff filings pending

    Minnesota Power filed a new Very Large Power customer class and service tariff proposal on 15 July 2026 (Docket 26-126) after an earlier plan to serve very large customers under its existing LP tariff, and Otter Tail Power applied in May 2026 (Docket 26-211) for a Large General Service Tier II time-of-day rate and a Tier III High Power Compute rate for data center loads. Neither had been approved as of EEI's October 2026 tariff list.

    eei.org
  7. LocalInver Grove HeightsJun 2026In force
    One-year data center moratorium

    The city council adopted a one-year moratorium on data centers in June 2026 by 3 to 2; on 14 September 2026 it exempted QLevr's 55,000 square foot project on Carmen Avenue East because it was already under way when the moratorium passed.

    mprnews.org
  8. CourtFaribaultJun 2026In force
    Court of Appeals orders fuller environmental review

    In a June 2026 opinion the Minnesota Court of Appeals found Faribault's environmental review of an Archer Datacenters proposal was inadequate and sent it back to the city, which extended the developer's deadline for more information to 2027.

    nextcity.org
  9. CourtPine Island (Goodhue County)May 2026In force
    Judge halts construction of Google's Project Skyway

    A Goodhue County judge paused construction of the 482-acre campus (reported 26 May 2026) while a lawsuit over the city's environmental review is decided, finding that proceeding first would cause irreparable harm. The project remained on hold in October 2026.

    nextcity.org
  10. RegulatorXcel EnergyMay 2026In force
    Xcel large-load tariff approved

    Approved by the Public Utilities Commission on 15 May 2026: minimum 15-year contracts, an exit fee set at 80% of the demand charge and a separate rate class for very large customers (100 MW and up under the 2025 law). Minnesota Power has filed its own proposal; Otter Tail Power had not yet filed.

    fresh-energy.org
  11. State lawMay 2026Failed
    2026 session: data center bills fail (HF 4077/SF 4379, HF 3793, HF 2862)

    No data center bill passed before adjournment on 18 May 2026. HF 4077/SF 4379 (ban on municipal nondisclosure agreements), HF 3793 (state permits and DNR oversight for large water users) and HF 2862 (data center permitting and environmental review guidelines) were all considered but not passed; a statewide pause was never put to a vote.

    freshwater.org
  12. State lawJun 2025In force
    2025 data center law (Special Session HF 16, Chapter 12)

    Extends the equipment sales tax exemption from 20 to 35 years for large-scale centers ($250 million investment) while a companion tax law ends the exemption on electricity. Adds annual fees of $2 million to $5 million for peak demand of 100 MW and up, special permit conditions above 100 million gallons of water a year, prevailing wage and green building conditions, and requires the commission to create a very large customer class and approve each service agreement.

    house.mn.gov

Mississippi

Minimal → SteadyBroad tax breaks and no up-front utility review for Amazon12 items
8in force
3pending
1local pause
intacttax break
2.1combined index (5 most)
7.6cper kWh, industrial
27 October 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    SB 2001 (Jan 2024) waived PSC approval of Entergy's Amazon contract and plants, and Compass got a special contract in Feb 2025; no study or fee applies.

  2. Power rates1

    No large-load tariff exists; SB 2001 (Jan 2024) lets data center plant costs be recovered without prior approval and lifts the 4% rate cap.

  3. Siting and land use2

    Jackson's six-month moratorium (14 July 2026) is the one local pause in force; no state siting rule applies.

  4. Tax treatment1

    The standing ten-year sales, use, income and franchise exemptions apply at $20 million and 20 jobs, used by xAI's $20 billion campus on 8 Jan 2026.

  5. Permits and water2

    MDEQ's 30 July 2026 order sets a retirement schedule for xAI's 69 temporary generators and the 41-turbine air permit is under an evidentiary hearing request.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Mississippi is recruiting hard. Its standing incentive exempts qualifying data centers from sales, use, income and franchise taxes for ten years, and a January 2024 special-session law (SB 2001) added state money, a permanent equipment tax exemption and a waiver of prior Public Service Commission approval for Entergy's contract with Amazon and the plants built to serve it. Regulators approved a Mississippi Power contract for Compass in Meridian that keeps a coal unit running into the mid-2030s, and the state issued an air permit for 41 gas turbines at xAI's Southaven plant three weeks after a hearing where no one spoke in favor. Pushback so far comes from residents, a federal Clean Air Act lawsuit that survived a Justice Department dismissal motion on 19 October 2026, a May 2026 report estimating that Entergy households already pay about $10.60 a month more, and Jackson, which adopted the state's first data center moratorium on 14 July 2026.

Outlook

The legislative AI task force that held hearings on 13 and 14 July 2026 is expected to make recommendations before the 2027 session, with behind-the-meter generation flagged as a gap in current law; no bill is filed. The NAACP's Clean Air Act case proceeds in the Northern District of Mississippi after the 19 October 2026 ruling, with the May 2026 motion to shut down the Southaven turbines still undecided; MDEQ's July 2026 order requires most temporary generators to retire by April 2027 and the last by 14 July 2027, when the 41 permitted turbines are due. The permit hearing request on the 41 turbines is pending at MDEQ. Jackson's six-month moratorium runs to about January 2027 while it drafts data center standards. The commission keeps only after-the-fact prudence review of Entergy's Amazon spending, and Entergy's proposed October 2026 rate reduction tied in part to data center revenue awaited approval.

Grid: MISO, TVA, Southeast utilitiesReviewed 27 October 2026Research confidence: Medium

Mississippi: full entry, every item and its source →

  1. CourtSouthaven (DeSoto County)Oct 2026Pending
    Judge rejects DOJ bid to dismiss NAACP suit against xAI

    On 19 October 2026 the US District Court for the Northern District of Mississippi denied the Justice Department's motion to dismiss the NAACP's Clean Air Act citizen suit over xAI's unpermitted Southaven turbines, holding that the government cannot unilaterally end a citizen suit, while allowing it to intervene. The Fifth Circuit had earlier declined to stay the proceedings. The NAACP's May 2026 motion to shut the turbines remains undecided.

    earthjustice.org
  2. ExecutiveSouthaven (DeSoto County)Jul 2026In force
    MDEQ order sets retirement schedule for 69 temporary xAI generators

    A 30 July 2026 MDEQ order agreed to by xAI requires it to begin retiring the 69 unpermitted temporary gas generators at Southaven on 18 August 2026, with most units off by April 2027 and the last by 14 July 2027. xAI sought the extension because supply delays are holding up the 41 permitted permanent turbines. MDEQ has held the temporary units need no air permit.

    mississippitoday.org
  3. UtilityEntergy MississippiJul 2026In force
    Entergy rate plan credits data center revenue against a summer increase

    The Public Service Commission approved Entergy Mississippi's annual rate plan effective with the July 2026 billing cycle, which the utility says avoided a $4.87 monthly increase because of data center revenue. In August 2026 Entergy filed for a further $0.41 reduction to take effect in October 2026 if approved, and it projects more than $2 billion in customer savings over two decades under its Fair Share Plus pledge.

    entergy.com
  4. LocalJacksonJul 2026In force
    Jackson six-month data center moratorium

    The Jackson City Council voted 5-2 on 14 July 2026 for a six-month citywide moratorium on data centers, the first in the state, exempting land around the airport, while the city identifies suitable sites and studies impacts. Saxum's rezoning request for a 230-acre site in northwest Jackson had been postponed at the developer's request on 27 May 2026 pending city standards.

    mississippitoday.org
  5. State lawJul 2026Proposed
    Legislative AI task force looks at data center rules

    The Mississippi Artificial Intelligence Regulation Task Force, created by the Legislature in 2025, heard 19 speakers on 13 and 14 July 2026 on data center costs and community effects. Most speakers urged local control; behind-the-meter generation was identified as an area for future legislation. Recommendations are expected before the 2027 session, and no bill has resulted so far.

    mississippitoday.org
  6. UtilityEntergy MississippiMay 2026In force
    Interim capacity and facilities rider: independent estimate of bill impact

    A Synapse report for Earthjustice dated 28 May 2026 estimates Entergy Mississippi residential bills are about $10.60 a month higher because of the Interim Capacity and Facilities Rate Adjustment tied to data center investment, with residential customers having paid about $38 million by March 2026 and projected to pay $74 million by the end of 2026. Entergy disputes this; key filings are confidential under SB 2001 nondisclosure terms.

    earthjustice.org
  7. CourtSouthaven (DeSoto County)Apr 2026Pending
    NAACP Clean Air Act suit against xAI

    The NAACP sued xAI and MZX Tech on 14 April 2026 over gas turbines run at Southaven without a permit since August 2025, and asked on 6 May for a preliminary injunction to shut them down. The Justice Department moved on 15 June 2026 to intervene and dismiss; that motion was denied on 19 October 2026.

    selc.org
  8. ExecutiveSouthaven (DeSoto County)Mar 2026In force
    State air permit for 41 xAI turbines, under appeal

    The Mississippi Department of Environmental Quality permit board voted unanimously on 10 March 2026 to permit 41 permanent turbines at xAI's Southaven power plant. The NAACP, Young, Gifted and Green and the Safe and Sound Coalition appealed on 9 April 2026 by requesting an MDEQ evidentiary hearing, arguing the permit rests on faulty pollution data.

    selc.org
  9. ExecutiveSouthaven (DeSoto County)Jan 2026In force
    xAI $20 billion campus uses the standing tax exemption

    Governor Tate Reeves announced xAI's $20 billion data center and power plant in Southaven on 8 January 2026, calling it the largest single investment in state history. It will use the state's standing data center incentive, which exempts qualifying companies from sales, use, corporate income and franchise taxes.

    mississippitoday.org
  10. State lawMar 2025Failed
    SB 3168: longer tax exemptions, died in the House

    A 2025 bill to let qualifying data centers extend their tax exemptions by up to two further ten-year periods for expansions and hardware replacement passed the Senate 51 to 0 but died in House committee on 18 March 2025.

    legiscan.com
  11. RegulatorMississippi PowerFeb 2025In force
    Special contract for Compass keeps coal unit running

    On 7 February 2025 the Public Service Commission unanimously approved a special contract for Mississippi Power to serve Compass Datacenters' $10 billion, eight-building campus in Lauderdale County near Meridian. The utility said this requires keeping at least one Plant Daniel coal unit, due to close by 2028, running into the mid-2030s.

    mississippitoday.org
  12. State lawEntergy MississippiJan 2024In force
    SB 2001 (2024 special session): Amazon package and PSC waiver

    The January 2024 law for Amazon's Madison County campuses lets Entergy's supply contract proceed without commission approval, bars the commission from changing its terms, allows related plants to be built and costs recovered before they are in service without prior approval, lifts the 4% cap on annual rate increases tied to that spending and keeps the contract confidential. The commission retains after-the-fact prudence review. It was passed alongside a state incentive package for the project.

    mississippitoday.org

Missouri

Light ↑ TighteningState recruits data centers while counties and St. Louis clamp down16 items
11in force
3pending
6local pauses
intacttax break
2.5combined index (5 most)
9.9cper kWh, industrial
23 October 2026reviewed
Regulation2.4 / 5
  1. Grid connection3

    Ameren's tariff (24 Nov 2025) takes collateral equal to two years of minimum bills with 12-year terms and 24-month exit notice; no own-power mandate.

  2. Power rates4

    SB 4 (Apr 2025) requires tariffs that keep other classes from bearing large-load costs; Ameren and Evergy (Nov 2025) set 80% floors, collateral and exit fees.

  3. Siting and land use3

    St. Charles city banned data centers (19 May 2026), St. Charles and Jackson counties and Springfield paused, and St. Louis city set strict zoning 17 Sep 2026.

  4. Tax treatment1

    The 2015 sales and use tax exemption is unchanged at $25 million and 10 jobs, and the 4 Aug 2026 Amendment 5 vote did not touch it.

  5. Permits and water1

    No state water, air or disclosure rule is in force; HB 3362 died in May 2026 and only St. Louis city bans evaporative cooling.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Missouri's state incentives remain in place: the 2015 sales and use tax exemption is unchanged and Governor Mike Kehoe promotes data center investment. The 2025 utility law SB 4 required large-load tariffs, and the Public Service Commission approved them for Evergy and Ameren in November 2025 for customers of 75 MW or more. The 2026 legislature passed nothing on data centers. The pushback is local: the City of St. Charles banned data centers outright in May 2026, St. Charles County adopted a six-month moratorium in July, Jackson, Benton, Cedar and Nodaway counties and the City of Springfield have adopted pauses of their own, St. Louis city enacted strict data center zoning on 17 September 2026, and opposition has become an issue in Republican primaries.

Outlook

Sponsors say HB 3362 (cost, water permit and disclosure rules) will be refiled for the 2027 session, alongside proposals to define hyperscale centers and bar nondisclosure agreements, though the House interim hearing set for 16 September 2026 was canceled and not rescheduled and no 2027 bill has been filed. Liberty's large-load tariff (case ET-2026-0184, filed 11 September 2026) is now a contested docket with Google among the intervenors; a procedural conference was held on 16 October 2026 and no order has issued. Springfield's 120-day pause runs out around the end of October 2026 unless extended and is under suit by developer NSI6, and a judge is weighing a preliminary injunction against Benton County's moratorium after extending a restraining order on 21 September. St. Charles County's moratorium runs to about January 2027 and council members have said they may adopt another when it expires. St. Louis County's four-tier zoning draft went to its Planning Commission in October 2026 and no vote has been reported.

Grid: MISO, SPPReviewed 23 October 2026Research confidence: Medium

Missouri: full entry, every item and its source →

  1. RegulatorLiberty UtilitiesOct 2026Pending
    Liberty large-load tariff case

    After two extensions, Liberty (Empire District Electric) filed its application, direct testimony and a Transmission Service Large Load (TS-LL) tariff revision in case ET-2026-0184 on 11 September 2026. The Commission suspended the tariff and set an intervention deadline on 14 September; Google, Renew Missouri and the Midwest Energy Consumers Group applied to intervene in October, and a procedural conference was held on 16 October 2026. No order on the tariff yet.

    efis.psc.mo.gov
  2. LocalSt. Louis city and St. Louis CountySep 2026In force
    St. Louis city adopts data center zoning (Board Bill 49); county rules still pending

    Mayor Cara Spencer signed Board Bill 49 on 17 September 2026 after a unanimous Board of Aldermen vote on 11 September. It bans data centers in residential and neighborhood commercial districts, sets three tiers (micro under 10,000 sq ft and 5 MW; standard to 250,000 sq ft and 30 MW; major above that) with 150 to 600 foot setbacks, caps noise at 5 dBA above baseline, requires standard and major facilities to reach 25% renewable at start, 50% by year 5 and 100% by year 10, bans evaporative cooling, and requires written grid capacity verification before operation. St. Louis County released a four-tier draft on 25 August 2026 that would confine the largest sites to industrial zones with County Council approval; its Planning Commission was to take up comments in October and no vote has been reported.

    stlouis-mo.gov
  3. LocalCedar CountySep 2026In force
    12-month pause on data centers, solar, wind and batteries

    Commissioners imposed a 12-month moratorium on 8 September 2026 on new large solar, wind, battery storage and data center developments outside city limits, extendable once by up to six months. Small on-site systems and existing projects are exempt.

    ky3.com
  4. CourtBenton CountySep 2026Pending
    Developer wins restraining order against county moratorium

    Benton County commissioners signed a six-month countywide data center moratorium on 10 August 2026. Developer Trent Overhue and NSI6 LLC, who bought a 12-acre site on 9 September for two 20,000 sq ft buildings, sued; a judge granted a temporary restraining order on 8 September and extended it on 21 September 2026 while weighing a preliminary injunction against enforcement. The county argues NSI6 did not legally exist until 13 August. No final ruling yet.

    ky3.com
  5. State lawSep 2026Proposed
    Capitol rally demands statewide hyperscale moratorium; no bill yet

    About 200 people filled the Capitol rotunda on 16 September 2026, the veto session day, to demand a statewide pause on hyperscale data centers, an end to tax incentives and transparency rules, then marched petitions to the Governor's Mansion. Governor Kehoe continues to promote data centers and no 2027 bill has been filed; the House hearing set for the same day had been canceled.

    kcur.org
  6. State lawAug 2026In force
    Data center sales tax exemption (SB 149 of 2015) unchanged

    State and local sales and use tax exemptions cover equipment, construction materials and utilities for new facilities investing at least $25 million and creating 10 jobs at 150% of the county average wage. Voters rejected Amendment 5, the measure to phase out the state income tax, on 4 August 2026; it would not itself have repealed the exemption.

    stlpr.org
  7. State lawAug 2026Failed
    House interim hearing on data center rules

    In June 2026 the House Speaker approved a 16 September hearing of the Special Committee on Intergovernmental Affairs, where chair Tricia Byrnes planned to propose defining hyperscale centers, banning nondisclosure agreements with officials, and adding disclosure, noise and water permit rules; requests for a special session were turned down. Byrnes canceled the hearing in August so it would not compete with a 16 September Capitol rally for a statewide moratorium, and no new date has been set.

    fultonsun.com
  8. LocalSt. Charles CountyJul 2026In force
    Six-month moratorium on large data centers

    The County Council voted unanimously on 13 July 2026 to bar approval of new or expanded data centers over 100,000 square feet or 5 MW for six months while it studies impacts. A bid to extend it to 12 months failed.

    stlpr.org
  9. LocalNodaway CountyJul 2026In force
    Six-month moratorium on data centers in unincorporated areas

    Commissioners voted unanimously on 21 July 2026 for a six-month moratorium, extendable by up to six months, on construction or expansion of data centers (2,500 sq ft or 250 kW of IT capacity and up) and supporting substations, generators, batteries and water facilities in unincorporated areas, while the county studies energy, water, noise, stormwater and Chapter 100 incentives.

    kxcv.org
  10. LocalJackson CountyJun 2026In force
    180-day pause on data center and battery storage applications

    The County Legislature voted 8 to 0 (one excused) on 22 June 2026 to stop processing data center and battery energy storage land use applications for 180 days while it writes county code provisions; sponsor Sean Smith had first proposed a four-month pause in April. The county executive, who said he has always supported a moratorium, had 10 days to sign.

    kctv5.com
  11. LocalSpringfieldJun 2026In force
    120-day administrative delay on data center development

    City Council passed a 120-day administrative delay on data center development in late June 2026 while staff review land use, electric, water, wastewater, noise and air impacts and hold public open houses. Developer NSI6 LLC has sued the city, arguing its South National Avenue site was zoned to allow data processing and approved before the pause took effect. On the 120-day term the pause runs out around the end of October 2026 unless extended.

    ky3.com
  12. LocalCity of St. CharlesMay 2026In force
    Outright ban on data centers (Bill 14085)

    The City Council voted 7 to 1 on 19 May 2026 to prohibit facilities whose primary use is data processing or storage, including AI training, cloud computing and bitcoin mining. It followed a one-year moratorium adopted in 2025 after a proposed campus was withdrawn.

    spectrumlocalnews.com
  13. State lawMay 2026Failed
    2026 session: HB 3362 and other data center bills fail

    The AI Infrastructure Grid Integrity and Water Resources Protection Act would have made large loads pay grid costs, required a state water permit with public reporting, and cut data centers first in grid or drought emergencies. It had one hearing in March 2026 and no vote. Bills for a St. Louis construction pause and environmental reporting also died.

    kcur.org
  14. RegulatorAmeren MissouriNov 2025In force
    Ameren large-load tariff approved under SB 4

    Approved 24 November 2025 for customers of 75 MW or more: a minimum 12-year term plus an optional five-year ramp, collateral equal to two years of minimum bills, a demand charge floor of 80%, and exit and early termination fees with 24 months' notice.

    psc.mo.gov
  15. RegulatorEvergy MissouriNov 2025In force
    Evergy large-load tariff approved under SB 4

    Approved 13 November 2025 for loads of 75 MW or more, matching the Kansas plan; large customers pay the transmission and generation costs of serving them. Commission staff and the Office of Public Counsel opposed the order and had offered a stricter alternative.

    missouriindependent.com
  16. State lawApr 2025In force
    SB 4 (2025 utility law)

    Signed by Governor Kehoe in April 2025. It requires utilities to file large-load tariffs that keep other customer classes from bearing the cost of serving those loads, and lets utilities charge customers for power plants under construction with commission approval.

    psc.mo.gov

Montana

Light ↑ TighteningNo approved large-load tariff yet; counties and courts fight over control9 items
4in force
4pending
1local pause
narrowedtax break
2.4combined index (5 most)
8.0cper kWh, industrial
23 October 2026reviewed
Regulation2.2 / 5
  1. Grid connection2

    The Sep 2025 PSC letter says NorthWestern must serve 5 MW loads if the statutory no-harm standard is met; the Large New Load tariff is unheard.

  2. Power rates2

    NorthWestern's Rule 24 tariff (filed 31 Mar 2026) with 15-year terms and 75% billing has no hearing date, so nothing binds beyond the no-harm statute.

  3. Siting and land use2

    Missoula County's one-year pause (9 Jul 2026) sits outside the Billings and Butte markets, and the 2025 Right to Compute Act limits local restrictions.

  4. Tax treatment3

    Montana has no general sales tax, no data center incentive and no action on one, so there is nothing to lose or gain.

  5. Permits and water2

    The PSC released NorthWestern's data center letters of intent in Aug 2026 once secrecy claims lapsed; no reporting mandate or limit exists.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Montana has no statewide data center obligations in force beyond an older statute requiring that new large loads not harm existing customers. NorthWestern Energy, which has letters of intent for up to 1,400 MW with three developers, filed a Large New Load tariff in March 2026 that the Public Service Commission has not yet heard. The 2025 Right to Compute Act limits how far state and local governments can restrict computing, and Yellowstone County says it blocks emergency zoning or a moratorium on the Quantica campus near Broadview; Missoula County nonetheless adopted a one-year interim zoning moratorium on data centers on 9 July 2026. A citizen initiative to require voter approval of data centers was stopped in court in Yellowstone County, but the Montana Supreme Court put the Butte-Silver Bow version on the November 2026 ballot. Montana has no general sales tax.

Outlook

Butte-Silver Bow voters decide in November 2026 whether data centers need voter approval. The PSC has not set a hearing on NorthWestern's tariff (Docket 2026.04.023, now with the Department of Environmental Quality and an Earthjustice-led coalition as intervenors) or ruled on the November 2025 complaint, and NorthWestern expects signed service agreements with Quantica and Atlas by year end, which would need PSC approval under the proposed rule. Yellowstone County initiative backers were weighing a petition for the 4 May 2027 special election rather than an appeal. Missoula County's interim moratorium runs to about July 2027. The 2027 legislature is expected to take up Yellowstone County's 22 September 2026 request to narrow the Right to Compute Act, and the state Democratic Party has endorsed a two-year moratorium.

Grid: MISO, SPP, The West outside CaliforniaReviewed 23 October 2026Research confidence: Medium

Montana: full entry, every item and its source →

  1. LocalYellowstone CountySep 2026Pending
    County asks legislature to narrow the Right to Compute Act

    On 22 September 2026 commissioners sent legislators a letter saying the Act prevents them from enforcing data center rules, including emergency zoning, for the Quantica campus near Broadview. A county attorney memo of 31 August 2026 said the Act likely bars a categorical moratorium.

    govtech.com
  2. CourtButte-Silver BowSep 2026Pending
    Supreme Court clears Butte-Silver Bow data center initiative

    In an order filed 22 September 2026 the Montana Supreme Court overturned the county elections administrator's decision to move the signature deadline back from 14 August to 13 July, so the initiative will appear on the November 2026 ballot. It would bar the city-county from authorizing construction or expansion of any data center without voter approval. The order granted emergency relief; the article does not say whether the underlying case is finished.

    newsfromthestates.com
  3. RegulatorNorthWestern EnergyAug 2026In force
    PSC releases previously redacted data center letters of intent

    After NorthWestern told the PSC on 31 July 2026 it no longer had grounds to keep them secret, the commission released most of the Atlas (up to 150 MW south of Butte, December 2024), Quantica (up to 1,000 MW north of Billings, July 2025, now planned at 1,100 MW, with an 8,835 MW interconnection queue entry) and Sabey (two sites of up to 250 MW each, one still redacted; the Butte site fell through in May 2026) letters. NorthWestern says no electric service agreements are yet executed and it is assessing eight data centers in total.

    yourwyominglink.com
  4. CourtYellowstone CountyAug 2026Failed
    Yellowstone County initiative stopped in court

    A Yellowstone County District Court judge ruled in mid August 2026 for the county in the suit it filed against a citizen initiative that would have required two-thirds voter approval before data centers could be built or expanded, aimed at Quantica's roughly 5,000-acre campus near Broadview. The county cited both the retroactive move of the signature deadline from 12 August to 13 July under a 2025 law and a 2026 Montana Supreme Court ruling that a Treasure County wind initiative overrode county zoning powers. Backers had not decided whether to appeal and were weighing a petition for the 4 May 2027 special election (needing 25% of voters' signatures) or a legislative moratorium in 2027. It is not on the November 2026 ballot.

    dailymontanan.com
  5. LocalMissoula CountyJul 2026In force
    One-year interim zoning moratorium on data centers

    Commissioners voted unanimously on 9 July 2026 to adopt emergency interim zoning that pauses new or expanded data centers countywide, in zoned and unzoned areas but excluding the city of Missoula, for up to one year while the county rewrites its 2021 rules on water, air, heat, noise and vibration. It can be extended one more year after another hearing. County counsel said a permanent ban is not possible. The city's zoning map has no district where data centers are allowed without a rezoning.

    montanafreepress.org
  6. UtilityNorthWestern EnergyJun 2026Pending
    Large New Load tariff (Rule No. 24)

    Filed 31 March 2026 (PSC Docket 2026.04.023) for loads above 5 MW, with an enhanced track and PSC approval of each service agreement at 50 MW: a 15-year minimum term, billing on at least 75% of contract demand, and performance assurance covering termination costs of at least three years of minimum bills. The Department of Environmental Quality (at Governor Gianforte's direction, 18 June 2026) and an Earthjustice-led coalition (15 June 2026) sought to intervene. The PSC has not set a hearing or ruled; NorthWestern expects signed agreements with Quantica and Atlas by year end.

    news.mt.gov
  7. RegulatorNorthWestern EnergyNov 2025Pending
    Complaint over data center agreements

    On 17 November 2025 Earthjustice, for a coalition of groups, asked the PSC to bar NorthWestern from serving data centers until the commission finds no long-run harm to other customers and to create a separate customer class. It cited letters of intent with Atlas Power (75 MW rising to 150 MW), Sabey (50 MW rising to 250 MW) and Quantica (175 MW rising to 1,000 MW); the complaint was still pending in June 2026.

    dailymontanan.com
  8. RegulatorNorthWestern EnergySep 2025In force
    PSC letter on customers of 5 MW or more

    In September 2025 the PSC told NorthWestern that customers of 5 MW or more are not required to buy supply from the utility, but that it must serve them if they ask and the statutory no-harm standard is met. NorthWestern disputes that reading of the statute.

    dailymontanan.com
  9. State lawApr 2025In force
    Right to Compute Act (SB 212)

    Passed in the 2025 session. Limits government restrictions on computational technology unless they serve a compelling government interest, with nuisance from physical data center infrastructure listed as an example of what can still be regulated. Counties say the standard leaves their zoning authority uncertain.

    govtech.com

Nebraska

Moderate ↑ TighteningGovernor suspended state incentives for large data centers in July8 items
5in force
3pending
1local pause
paused or sunsettax break
2.6combined index (5 most)
8.4cper kWh, industrial
23 October 2026reviewed
Regulation2.8 / 5
  1. Grid connection3

    LB 1010 (effective 17 Jul 2026) sets a $50,000 or $1,000 per MW study fee, site control, backup generation evidence and financial commitments, no own power.

  2. Power rates3

    LB 1010 (17 Jul 2026) requires financial commitments for transmission and generation and lets public power assign system costs to loads over 20 MW.

  3. Siting and land use2

    Twelve rural counties had pauses by 15 Jul 2026, none in the Omaha or Lincoln markets, and Lancaster County chose task forces over a pause.

  4. Tax treatment4

    The 20 Jul 2026 executive order stops new data center applications under ImagiNE Nebraska until guardrails are met, closing new awards.

  5. Permits and water2

    The 20 Jul 2026 order has the economic development and water departments review proposals; no reporting mandate, NDA ban or limit exists.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Nebraska, served entirely by public power, tightened its position in 2026. LB 1010 requires utilities to adopt standards for loads over 20 MW and lets them assign system costs to those customers, and LB 1261 lets very large sites of 1,000 MW or more bring privately owned generation alongside; both took effect 17 July 2026. On 20 July 2026 Governor Jim Pillen signed an executive order that stops new data center applications under the ImagiNE Nebraska incentive program, requires state review of proposals and sets up a task force. He says this is not a moratorium and that siting decisions stay local; twelve counties have nonetheless adopted temporary data center moratoria of their own.

Outlook

The 17-member Data Center Task Force, appointed in August 2026, is to study land, water and power impacts ahead of the 2027 session; no recommendations have been published and its reporting deadline is not confirmed. The governor's office has said further protections will at minimum likely include additional taxes on data companies, and Sen. Mike Jacobson plans a 2027 bill to codify the executive order. Planning commissions in Cass, Gage and Garfield counties have recommended moratoria awaiting board approval, and Lancaster County is weighing two task forces rather than a pause, aiming for a plan by the end of 2026. LB 1261's protection for co-located generation closes to contracts signed after 31 December 2031.

Grid: SPPReviewed 23 October 2026Research confidence: Medium

Nebraska: full entry, every item and its source →

  1. LocalLancaster CountySep 2026Pending
    County weighs two data center task forces instead of a pause

    On 10 September 2026 the County Board discussed creating two task forces, one on energy and water and one on industrial and commercial zoning for data centers, with members from Lincoln Electric System, NPPD and the Chamber, aiming for a plan by the end of 2026. Commissioners said the goal is to stay open to data centers while placing them where they fit; no moratorium was adopted.

    wowt.com
  2. ExecutiveAug 2026Proposed
    Governor's office outlines next steps after executive order

    In August 2026 the governor's office said data centers cannot get ImagiNE Act incentives until they meet the order's guardrails, and that it will work with the Legislature on further protections, at minimum likely including additional taxes on data companies.

    governor.nebraska.gov
  3. ExecutiveAug 2026Pending
    Governor appoints 17-member Data Center Task Force

    Governor Pillen named 17 members to the Nebraska Data Center Task Force created by his 20 July executive order, reported 18 August 2026. The task force is to study land, water and power impacts ahead of the 2027 session; its reporting deadline was not confirmed.

    wowt.com
  4. ExecutiveJul 2026In force
    Executive order suspending incentives for large data centers

    Signed 20 July 2026. It bars approval of new data center applications under the ImagiNE Nebraska Act (Pillen first said large-scale projects, then clarified it covers all new data center projects), has the Department of Economic Development and the Department of Water, Energy and Environment jointly review proposals, and creates a task force on land, water and power impacts. The governor said he is not proposing a moratorium. Sen. Mike Jacobson plans a 2027 bill to codify the order.

    nebraskaexaminer.com
  5. State lawJul 2026In force
    Existing incentives: property tax exemptions total $519 million

    Figures the governor's office gave local press on 20 July 2026 put property tax exemptions granted to Nebraska data centers under the ImagiNE Nebraska Act from 1 January 2021 to 30 June 2026 at an estimated $519 million, on about $15 billion of exempted personal property, the background to the governor's order.

    wowt.com
  6. LocalTwelve counties (Logan, Butler, Box Butte, Custer, Dundy, Furnas, Hayes, Harlan, Johnson, Kearney, Otoe, Seward)Jul 2026In force
    Twelve counties have temporary data center moratoria

    Logan County became the twelfth Nebraska county to halt data center construction on 15 July 2026 with a 12-month moratorium that also covers wind, solar and crypto mining, joining Butler, Box Butte, Custer, Dundy, Furnas, Hayes, Harlan, Johnson, Kearney, Otoe and Seward counties. Planning commissions in Cass, Gage and Garfield counties had recommended moratoria awaiting board approval. Lincoln County rejected one 3 to 2 in June.

    nebraskapublicmedia.org
  7. State lawApr 2026In force
    LB 1010: large-load interconnection standards

    Passed 10 April 2026 (49 to 0), approved by the governor 14 April, effective 17 July 2026. Public power utilities must adopt interconnection standards for loads over 20 MW at one site: disclosure of duplicate requests, evidence of backup generation, site control, financial commitments for transmission and generation, and a study fee of at least $50,000 or $1,000 per MW with the study due within a year. Utilities may set rates that assign system costs to these customers and may require load flexibility.

    nebraskalegislature.gov
  8. State lawApr 2026In force
    LB 1261: co-located private generation for 1,000 MW loads

    Passed 10 April 2026, effective 17 July 2026. Privately owned generation next to an industrial customer with at least 1,000 MW of new load is shielded from condemnation by public power utilities if the Power Review Board approves and the owner contracts with a public power utility. Applies to contracts signed by 31 December 2031.

    bairdholm.com

Nevada

Light ↑ TighteningLocal moratoria spread; lawmakers draft abatement repeal for 202712 items
6in force
6pending
2local pauses
intacttax break
2.5combined index (5 most)
10.2cper kWh, industrial
4 November 2026reviewed
Regulation1.8 / 5
  1. Grid connection1

    No large-load tariff or study rule is in force; NV Energy's four service agreements filed 27 May 2026 await the commission.

  2. Power rates2

    Only the voluntary Clean Transition Tariff (2025) is approved; Microsoft's ratepayer protection tariff and the 27 May 2026 service agreements are undecided.

  3. Siting and land use3

    Reno paused approvals to Aug 2027, Humboldt, White Pine and Wells followed, and Nye's countywide ordinance took effect 28 Oct 2026; Clark is open.

  4. Tax treatment1

    NRS 360.754 abatements remain intact and uncapped, worth $239 million in fiscal 2023 to 2024; repeal is only a bill request from Sep 2026.

  5. Permits and water2

    Nye County banned data centers in the Pahrump basin (18 Aug 2026) and caps water at 1.5 acre-feet per acre; no statewide reporting or limit exists.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Nevada still offers partial sales, use and property tax abatements for data centers (worth about $239 million in fiscal 2023 to 2024), and the Legislature did not meet in regular session in 2026. Since May 2026 Reno, Wells and Humboldt and White Pine counties have paused approvals; Nye County banned data centers in the Pahrump groundwater basin on 18 August 2026 and on 8 October adopted a countywide ordinance for the rest of the county. On the utility side, regulators approved NV Energy's Clean Transition Tariff in 2025, no general large-load tariff is in force and NV Energy serves large loads through case-by-case agreements, and NV Energy now forecasts about 50% more demand than it did two years ago.

Outlook

Democrat Aaron Ford, the attorney general, defeated Governor Joe Lombardo on 3 November 2026 and takes office in January 2027; his platform says he will pause new data center tax abatements until existing ones are audited, make data centers pay for grid upgrades and supply their own power, grid infrastructure and water, extend the Southern Nevada evaporative cooling ban statewide and oppose data centers on federal land. Democrats kept both chambers and won a two-thirds supermajority in the Assembly, with the Senate one seat short pending two uncalled races, so the Legislature that meets from February 2027 can take up the interim revenue committee's bill to repeal the abatements (NRS 360.754) and pause new sites with a governor who campaigned on a pause rather than a veto. The Public Utilities Commission still has NV Energy's four large load service agreements (filed 27 May 2026) and Microsoft's proposed Ratepayer Protection Tariff (Docket 20-08014) before it with no decision dates. Boulder City's Question 1 on allowing data centers in the Eldorado Valley had no posted result as of 4 November, and Reno's developer-backed mayoral and council candidates trailed by about 20 points in a race where data centers were a central issue. Nye County's countywide ordinance took effect 28 October 2026 and its Pahrump ban is being litigated, Lyon County's 1,000 MW Monarch campus still needs final design and state environmental and water rights approvals, and Reno's pause runs to August 2027 and Humboldt County's to 13 July 2027.

After the 3 November 2026 election
  • Governor Aaron Ford (D), flipping the office. Ford's platform says he will pause new tax abatements for data centers until existing ones are audited, make data centers pay for grid upgrades and supply their own power, grid infrastructure and water, extend the Southern Nevada evaporative cooling ban statewide, hold public hearings on each proposed data center and oppose data centers on federal land. fordfornevada.com
  • Legislature Democratic both chambers, control changed. Democrats won a two-thirds supermajority in the Assembly (eight Republican-held seats still uncalled early on 4 November) and were reported one seat short of two-thirds in the Senate with Districts 16 and 20 still open; two-thirds in both chambers would allow tax votes and veto overrides without Republican support. thenevadaindependent.com
  • Commission Public Utilities Commission of Nevada members are appointed by the governor; no seats were on the ballot.
  • Boulder City Question 1 (Boulder City, too close) Asks whether data centers should be an approved land use in the Eldorado Valley Transfer Area outside the habitat conservation easement; Ballotpedia and Clark County had not posted a result when checked on 4 November and national roundups describe the outcome as unclear. ballotpedia.org
  • Reno Opposition to data centers was described as a pivotal issue in the Reno mayor and City Council races, where developer-backed candidates Kathleen Taylor (mayor) and Summer Pellett (council) trailed by about 20 points in early counts. not yet called; developer-backed candidates trailing. thenevadaindependent.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: CAISO, The West outside CaliforniaReviewed 4 November 2026Research confidence: Medium

Nevada: full entry, every item and its source →

  1. LocalBoulder CityNov 2026Pending
    Voters decide on 3 November whether data centers are allowed in Eldorado Valley

    Question 1 on Boulder City's 3 November 2026 ballot, placed by the council on 24 February 2026, asks whether data centers should be an approved land use in the Eldorado Valley Transfer Area outside the habitat conservation easement. Approval would permit but not require council authorization. A developer that withdrew an 88.5-acre city site moved to an adjacent BLM parcel; the Interior Board of Land Appeals stayed that land swap in early September 2026 after the city appealed.

    bcnv.org
  2. LocalNye CountyOct 2026In force
    Ban on data centers in Water Basin 162 (Pahrump)

    On 18 August 2026 commissioners banned data centers in the over-appropriated Pahrump groundwater basin (Hydrographic Basin 162), blocking the proposed Manse Technology Campus at its original site. A lawsuit challenging the ban has been filed. A county-wide pause on applications had applied since June 2026 while the ordinance adopted on 8 October 2026 was drafted.

    ktnv.com
  3. LocalNye CountyOct 2026In force
    Countywide data center ordinance adopted outside Pahrump Valley

    On 8 October 2026 commissioners adopted a roughly 200-page ordinance for data centers anywhere in the county outside the Pahrump Valley, which took effect 28 October 2026. It requires a special use permit and a development agreement, bans data centers in all residential and agricultural districts, makes developers cover infrastructure and energy costs, caps water at 1.5 acre-feet per acre per year, and bans evaporative cooling and process air emissions.

    ktnv.com
  4. State lawSep 2026Proposed
    Interim committee requests bill to repeal abatements and pause data centers

    As reported on 1 September 2026, the Joint Interim Standing Committee on Revenue voted to request a bill draft that would repeal the partial tax abatements for new or expanded data centers (NRS 360.754) and impose a moratorium on new or expanded sites. Two Assembly members voted no.

    ktnv.com
  5. LocalLyon CountyAug 2026Pending
    Tentative zoning approval for 1,000 MW Monarch campus near Yerington

    On 6 August 2026 commissioners voted 3 to 1 to rezone about 505 acres in Mason Valley from rural residential to planned unit development for Copia Power's Monarch Data Center, a 4.6 million sq ft, 1,000 MW campus with a 500 MW gas backup plant. Final design approval, state environmental and water rights approvals and the land purchase remain; two Paiute tribes oppose it and the Sierra Club plans legal challenges. The county's pending data center ordinance will not apply to Monarch.

    thenevadaindependent.com
  6. LocalHumboldt County, White Pine County, WellsJul 2026In force
    Rural moratoria on data center applications

    Humboldt County adopted a moratorium on 6 July 2026 that expires 13 July 2027 (not within Winnemucca). White Pine County adopted a 180-day moratorium in late July 2026, and the city of Wells paused approvals in late June 2026.

    thenevadaindependent.com
  7. LocalClark County and HendersonJul 2026Pending
    Southern Nevada declines moratoria so far

    Clark County commissioners approved a Switch campus expansion in June 2026 and discussed approval processes on 7 July 2026 after a Sierra Club rally, telling staff to research the industry without formal action. Henderson's mayor asked on 2 June for a draft moratorium of up to 180 days, but the council declined a pause in late July 2026 and instead requires developers to negotiate a development agreement with the city before building.

    ktnv.com
  8. LocalRenoJun 2026In force
    Reno pause on new data center approvals

    The City Council adopted a pending moratorium on conditional use permit applications for data centers on 14 May 2026 and on 1 June 2026 voted 6 to 1 to extend it through August 2027, or until it adopts regulations on design, noise, water, energy, environmental impact and infrastructure. Reno was the first Nevada jurisdiction to pause data centers.

    newsdata.com
  9. RegulatorNV EnergyMay 2026Proposed
    Microsoft proposes Ratepayer Protection Tariff for large loads

    In May 2026 Microsoft filed a proposed Ratepayer Protection Tariff framework in PUCN Docket 20-08014. Large-load customers would pay a customer-contributed share of project-specific substations, generation and transmission up front or through facility payments with an exit charge, sign service agreements with defined contract demand and ramp, could bring their own power, and fully self-funded projects could get approval within 60 days. The commission is to model scenarios and take comment; no decision date.

    utilitydive.com
  10. RegulatorNV EnergyMay 2026Pending
    Four large load service agreements filed for PUCN approval

    On 27 May 2026 NV Energy opened four dockets seeking approval of Large Load Electric Service Agreements with Prologis (southern Nevada), Amazon Data Services (Sparks), Novva (Las Vegas and North Las Vegas, 25-year term with up to 48-month ramp) and Fleet (McCarran, 25-year term, minimum billing at 90% of contract). NV Energy reports about 22 GW of inquiries and 6 GW of signed large-load agreements against 2025 peaks of 6,168 MW and 2,073 MW for its two utilities. No decision had been reported when checked.

    newprojectmedia.com
  11. State lawMar 2026In force
    Data center tax abatements (NRS 360.754)

    Partial abatements require set levels of capital investment and Nevada hiring. For fiscal 2023 to 2024 data centers received $225.6 million in sales and use tax breaks and $13.3 million in property tax breaks, according to the Department of Taxation.

    nevadacurrent.com
  12. RegulatorNV EnergyMar 2025In force
    Clean Transition Tariff

    Approved by the Public Utilities Commission in 2025. Lets large customers contract through NV Energy for new clean generation, first used for a Google and Fervo geothermal project. Critics say it does not fully wall off costs from other customers.

    nevadacurrent.com

New Hampshire

Minimal ↑ TighteningGovernor and Democrats both now want a statewide moratorium; nothing in force yet8 items
1in force
5pending
0local pauses
narrowedtax break
2.0combined index (5 most)
17.3cper kWh, industrial
23 October 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    HB 672 (Aug 2025) lets off-grid generators sell straight to data centers free of rate regulation; no study, fee or obligation applies.

  2. Power rates1

    No large-load tariff exists or is filed; the House energy chair said in Sep 2025 none was expected soon.

  3. Siting and land use1

    No moratorium is in force; the governor said on 22 Oct 2026 she lacks authority to order one and the bills are for 2027.

  4. Tax treatment3

    New Hampshire has no sales tax, no data center incentive and no action on one, so there is nothing to lose or gain.

  5. Permits and water1

    No water reporting, air permit or disclosure rule for data centers is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

New Hampshire has no general sales tax, so there is no data center exemption to grant or repeal, and HB 672, signed in August 2025, still lets generators that are not connected to the grid sell directly to customers such as data centers without the usual rate regulation or renewable standards. The politics reversed in 2026. Governor Ayotte, who signed HB 672, said on September 2, 2026 that she opposes any data center in the state, including a hyperscale project being studied at Bow, and will put a multiyear moratorium in her next budget; on 22 October 2026 she said the Attorney General advised she lacks authority to impose one by executive order. State House Democrats said on September 2 they will file a 24-month moratorium bill for 2027. Nothing is in force yet, and no large-load tariff was found. A proposal in Nottingham was withdrawn in 2026 after residents objected, and towns including Nottingham and Rochester have considered local moratoria.

Outlook

Both candidates for governor backed a statewide data center moratorium at the 22 October 2026 forum, so some form of it is likely to be before the Legislature when the 2027 session opens in January. Ayotte says she will put a ban in her next budget and urge a standalone moratorium bill; the budget route could not take effect before about July 2027, and her statement that the Attorney General advised she lacks executive order authority also undercuts Cinde Warmington's pledge to order a temporary moratorium on her first day if elected on November 3, 2026. Democrats' 24-month moratorium bill is due for filing in the 2027 session. ISO New England is formalizing its review of large data center interconnection requests, and the early-stage Bow proposal could reach 350 MW.

Grid: ISO-NEReviewed 23 October 2026Research confidence: Medium

New Hampshire: full entry, every item and its source →

  1. ExecutiveOct 2026Proposed
    Ayotte says she lacks authority for an executive order moratorium; will push standalone bill

    At an NHPR gubernatorial forum in Manchester on 22 October 2026 both Governor Ayotte and challenger Cinde Warmington backed a statewide data center moratorium. Asked why she has not halted projects by executive order, Ayotte said the Attorney General advised she lacks the legal authority; she pledged to put a ban in her next budget and to urge the Legislature to pass a standalone moratorium bill. Warmington said Ayotte only turned against data centers once it became politically inconvenient to support them.

    nhpr.org
  2. Grid operatorISO New EnglandOct 2026Pending
    ISO-NE formalizes large load review; Bow proposal could reach 350 MW

    ISO New England is formalizing a process for assessing large data center interconnection requests, included a hypothetical 285 MW data center in its annual report for the first time, and is studying a separate energy market for large customers to shield the region from price spikes. The early-stage Bow proposal on the former coal plant site could be up to 350 MW; the Nottingham proposal has been shelved. New Hampshire still has no state framework, unlike Massachusetts' local-support and community benefit requirement above 25 MW.

    nhpr.org
  3. ExecutiveSep 2026Proposed
    Governor Ayotte to propose a multiyear statewide moratorium

    On September 2, 2026 the governor, who is running for re-election, said she is against putting any data center in New Hampshire and supports a moratorium lasting a period of years to study energy, water and noise impacts. She plans to put it in her next budget proposal, so it would not take effect before the budget passes, around July 2027. No size threshold was given and she did not say she would act by executive order. She first said in August 2026 that she supports a state moratorium.

    nhpr.org
  4. State lawSep 2026Proposed
    Democrats plan a 24-month moratorium bill for 2027

    State House Democrats said on September 2, 2026 they will file legislation for the 2027 session to impose a 24-month moratorium on data center development. Voters in several towns, including Nottingham and Rochester, have considered local moratoria in the meantime.

    nhpr.org
  5. ExecutiveJun 2026Proposed
    Candidate pledge of a statewide moratorium

    Democratic candidate for governor Cinde Warmington wrote in mid 2026 that on day one she would issue an executive order placing a temporary moratorium on large-scale data centers and then write a regulatory framework. Rep. Tanya Donnelly and the Josiah Bartlett Center pushed back at an Americans for Prosperity roundtable in June 2026, arguing data centers use little water and pay significant property tax.

    patch.com
  6. LocalNottinghamJun 2026Failed
    Data center proposal withdrawn

    A proposed data center drew hundreds of residents to a planning board meeting in 2026 and was withdrawn before a formal application. Groundwater withdrawals above 57,600 gallons a day need a state permit.

    patch.com
  7. State lawSep 2025Failed
    Legislators back data centers; small reactor bill failed

    In September 2025 the House energy chair said he did not expect a special large-load rate schedule soon. HB 710, to let utilities own small modular reactors, failed in 2025 and a similar bill was planned for 2026.

    route-fifty.com
  8. State lawAug 2025In force
    HB 672, off-grid electricity providers

    Signed August 2025. Power providers that operate independently of the grid may sell directly to customers such as data centers and crypto miners, exempt from utility rate regulation and the renewable portfolio standard.

    nhpr.org

New Jersey

Substantial ↑ TighteningNew tariff, reporting and tax credit repeal laws; 110-plus towns have banned data centers11 items
10in force
1pending
0local pauses
gonetax break
3.9combined index (5 most)
16.2cper kWh, industrial
23 October 2026reviewed
Regulation4.2 / 5
  1. Grid connection4

    P.L. 2026 c.32 (7 Jul 2026) makes large loads guarantee 85% of supply for 10 years, post security, pay study costs, curtail first and carry capacity duties.

  2. Power rates5

    The 7 Jul 2026 law mandates a separate rate class at 50 MW with a statutory 85% ten-year guarantee, deposits and dedicated infrastructure costs.

  3. Siting and land use4

    At least 112 municipalities had zoning bans by 20 Oct 2026, including Cranbury, Warren and Millville, which killed a 1.4 GW campus on 20 May 2026.

  4. Tax treatment5

    The End Data Center Tax Credits Act (27 Aug 2026) ends new awards under the $500 million program; prevailing wage applies from 5 MW.

  5. Permits and water3

    P.L. 2026 c.75 (27 Aug 2026) requires semiannual energy and water reports from every data center with no size threshold, but carries no penalties.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Governor Sherrill signed S-731/A-796 (P.L. 2026, c.32) on July 7, 2026, which puts large data centers in their own rate class with long-term payment commitments and makes them curtail before homes during grid emergencies. On August 27, 2026 she signed a law requiring every data center to report energy and water use to the Board of Public Utilities twice a year, and another ending the Next New Jersey tax credit program for AI data centers. Her office says that completes her four-part plan; the community benefits and labor parts were handled by an August 25 guidance notice to towns and by prevailing wage rules that already cover data center construction of 5 MW or more, and a certified payroll rule for construction on tax-incentive property took effect October 20, 2026. There is no statewide moratorium, but by October 20, 2026 at least 112 municipalities had adopted zoning bans on large data centers, up from about three dozen in late August, and developers are suing at least three of them.

Outlook

First reports under the disclosure law are due November 27, 2026 for existing sites and February 27, 2027 for others. The Board of Public Utilities has until July 2027 to issue the large-load standards under the July law, after which each utility has 180 days to petition for its tariff; no docket or order was found as of October 23, 2026. The Stop Data Centers NJ coalition has asked the governor for an executive order pausing new data centers above 20 MW, which she has not issued, and more municipal ban hearings are scheduled in Mahwah, Edison, Stanhope, Hamburg, Bethlehem, Rahway and Little Egg Harbor through mid-November. No court ruling was found on the developer suits against the bans in Monroe, Montgomery and Andover.

Grid: PJMReviewed 23 October 2026Research confidence: High

New Jersey: full entry, every item and its source →

  1. State lawOct 2026In force
    Prevailing wage and certified payroll rules for data center construction

    P.L. 2025, c.335, signed January 20, 2026, applies prevailing wage to data center construction that starts on or after March 1, 2026 where the facility is designed for 5 MW or more; project labor agreements are encouraged at 25 MW or more. A separate law (P.L. 2025, c.152) requiring certified payrolls for work on property that has a tax incentive takes effect October 20, 2026.

    nj.gov
  2. LocalStatewide (112 municipalities)Oct 2026In force
    Local zoning bans pass 110 municipalities; coalition asks governor for a 20 MW statewide moratorium

    By October 20, 2026 at least 112 municipalities had adopted zoning ordinances prohibiting large data centers, up from about three dozen in late August; Pemberton passed the first in February and recent additions include Cranbury, Brick, Colts Neck and Stafford, with hearings scheduled in Mahwah, Edison, Stanhope, Hamburg, Bethlehem, Rahway and Little Egg Harbor through mid-November. The Stop Data Centers NJ coalition asked Governor Sherrill for an executive order pausing new data centers above 20 MW; she has not issued one.

    foodandwaterwatch.org
  3. State lawAug 2026In force
    Data center energy and water reporting (P.L. 2026, c.75; reported as S3379/A4096)

    Signed August 27, 2026 and effective at once. All data centers, with no size threshold, must file semiannual energy and water reports with the Board of Public Utilities for an initial three years; first reports are due November 27, 2026 for sites open at least a year and February 27, 2027 for the rest. There are no penalties in the law.

    daypitney.com
  4. State lawAug 2026In force
    End Data Center Tax Credits Act (S4390/A5165)

    Signed August 27, 2026. It ends new awards under the $500 million AI data center tax credit program created in 2024. CoreWeave had already won the $250 million single-project maximum, and the economic development agency had paused the program in June 2026.

    news.bloomberglaw.com
  5. ExecutiveDepartment of Community AffairsAug 2026In force
    Local Finance Notice 2026-13: guidance to towns on data centers

    Issued August 25, 2026. It tells municipalities how to assess infrastructure and emergency response impacts, negotiate community benefits agreements, charge developers a share of off-site street and utility work, and use long-term or five-year property tax deals. Community benefits agreements are recommended, not required, except for certain state-incentive projects of $10 million or more. The notice says the Board of Public Utilities will write the standards for the July large-load tariff law (P.L. 2026, c.32) over the coming months with stakeholder input.

    nj.gov
  6. CourtMonroe, Montgomery and Andover townshipsAug 2026Pending
    Developers sue towns over data center bans

    As of August 20, 2026 nearly three dozen municipalities had passed bans or restrictions. Hexa Builders sued Monroe in federal court for $300 million, E. Khan Development sued Montgomery over a ban covering the 257-acre former Kenvue campus, and National Land Developers sued Andover on July 10. No rulings yet.

    newsfromthestates.com
  7. State lawJul 2026In force
    Large-load data center tariff law (S-731/A-796)

    Signed July 7, 2026 (P.L. 2026, c.32), effective at once. The Board of Public Utilities must set standards for each utility within 12 months with stakeholder input, with the size threshold for a large data center set at no more than 50 MW (common ownership and shared infrastructure aggregated); each utility must then petition for a separate rate class and tariff within 180 days of that order. Customers must financially guarantee at least 85 percent of requested supply for 10 years, post deposits or security, pay dedicated infrastructure and study costs, make demand flexibility commitments and report on them annually; data centers are curtailed before residential customers in emergencies, and a new load can offset its capacity obligation by paying for demand cuts elsewhere.

    pub.njleg.gov
  8. State lawJul 2026In force
    S-731 final terms as passed (threshold cut to 50 MW)

    The version sent to the governor lowered the threshold from 100 MW to 50 MW and added demand response and priority access for projects that bring clean generation or storage. It replaced an earlier bill that Governor Murphy pocket-vetoed.

    baxtel.com
  9. LocalWarren Township (Somerset County)Jun 2026In force
    Township committee votes to ban data centers

    The township committee voted in June 2026 to ban data centers, one of dozens of local bans passed in the state that year.

    newjersey.news12.com
  10. ExecutiveMay 2026In force
    Governor's four-part data center plan

    Announced May 27, 2026: data centers pay their own grid costs, report energy and water use every six months, sign community benefits agreements under state standards, and use local trades. On August 27, 2026 the governor's office said all four parts were delivered. The first two are law; the last two were done through an August 25 guidance notice to towns and existing prevailing wage law, so community benefits agreements stay voluntary for most projects.

    nj.gov
  11. LocalMillville (Cumberland County)May 2026In force
    Millville bans data centers, blocking a 1.4 GW proposal

    The Millville Board of Commissioners voted on May 20, 2026 to prohibit data centers citywide, stopping a proposed 2.6 million square foot campus that would have drawn 1.4 GW, the largest project blocked by a local ban in the state.

    aiweekly.co

New Mexico

Minimal ↑ TighteningSelf-powered campuses allowed; counties pause projects and a 2027 moratorium looms11 items
7in force
3pending
4local pauses
intact, with conditionstax break
2.0combined index (5 most)
5.1cper kWh, industrial
23 October 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    HB 93 (Mar 2025) lets campuses self-power on private microgrids with little PRC scrutiny, and large loads reach the PRC only by special contract.

  2. Power rates1

    The PRC told legislators on 11 Aug 2026 it has no large-load rule and no rulemaking open; Meta's Los Lunas service runs on special contracts.

  3. Siting and land use2

    Santa Fe, Socorro, Sierra and Grant counties (22 Oct 2026) and Bernalillo town have pauses, none in the Doña Ana or Albuquerque markets.

  4. Tax treatment2

    No state data center exemption exists, but Doña Ana County's 2025 bonds give Project Jupiter a 30-year property tax exemption that stays in effect.

  5. Permits and water1

    No water, air or disclosure rule is in force; SB 235's reporting mandate died without a House vote in Feb 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

A 2025 amendment to the grid law (HB 93) lets large campuses run private microgrids with little Public Regulation Commission oversight, and a 2026 attempt to regulate microgrids over 20 MW (SB 235) passed the Senate but never got a House vote. Project Jupiter, an Oracle and OpenAI campus in Doña Ana County backed by $165 billion in county industrial revenue bonds and a 30-year property tax exemption, is under construction while lawsuits over the approval continue. The state has no large-load rule and handles large loads through special contracts. Santa Fe, Socorro, Sierra and Grant counties and the Town of Bernalillo have adopted local moratoria since June 2026, and Democratic legislators are preparing a statewide data center moratorium bill for 2027.

Outlook

The November 3, 2026 governor's race is the pivot: Democratic nominee Deb Haaland has pledged a day-one executive order pausing new large data centers until protections are in place, and Republican Gregg Hull opposes a moratorium. The 60-day 2027 session, starting in January, is expected to see the moratorium bill announced on July 2, 2026 by Reps. Lara Cadena, Rubio and Chavez and Sen. Hamblen, paired with a bill closing the microgrid loophole; its scope and length were still undecided at the August 11 interim hearing. The Environmental Law Center's Project Jupiter suits are moving to the merits, and the Pacheco petition, dismissed again on June 23, 2026, can be refiled. Grant County's one-year moratorium, adopted October 22, 2026, and Santa Fe County's 18-month pause run into 2027.

Grid: SPP, The West outside CaliforniaReviewed 23 October 2026Research confidence: Medium

New Mexico: full entry, every item and its source →

  1. LocalGrant CountyOct 2026In force
    Grant County one-year data center moratorium

    Commissioners voted 4 to 1 on October 22, 2026 for a one-year ordinance barring the establishment, construction, expansion or operation of any data center or direct supporting infrastructure while the county decides whether to adopt regulations. Santa Fe, Socorro and Sierra counties already have moratoria in effect.

    abqjournal.com
  2. LocalTown of Bernalillo (Sandoval County)Sep 2026In force
    Town of Bernalillo three-month moratorium

    On September 28, 2026 the town council adopted a resolution imposing an immediate three-month moratorium on data center approvals and development permits inside town limits while staff update ordinances.

    sandovalsignpost.com
  3. ExecutiveSep 2026Proposed
    Gubernatorial nominee Haaland pledges a day-one executive order moratorium

    On September 17, 2026 Democratic nominee Deb Haaland said she would order a statewide moratorium on new large data centers on taking office until protections with eight conditions, including self-supplied renewable power, are in place. Republican Gregg Hull opposes a moratorium and favors project-by-project limits. The election is November 3, 2026.

    abqjournal.com
  4. RegulatorPublic Regulation CommissionAug 2026In force
    PRC handles large loads through special contracts; no large-load rule

    In an August 11, 2026 briefing to the interim committee the PRC said large loads reach it only through special service contracts, large-customer tariffs and interconnection filings; Meta's Los Lunas campus runs on PNM special service contracts approved December 18, 2025 (Case 25-00048-UT) backed by 290 MW of solar and 268 MW of storage. No large-load rulemaking is open; the commission has held working group meetings only.

    nmlegis.gov
  5. State lawJul 2026Proposed
    Statewide data center moratorium proposed for 2027

    Reps. Micaela Lara Cadena, Angelica Rubio and Eleanor Chavez and Sen. Carrie Hamblen announced on July 2, 2026 that they will file a 2027 bill pausing new large data centers while the state builds a framework on water, energy, emissions and ratepayer impacts, paired with a bill closing the microgrid loophole. At the August 11 interim committee hearing the scope and length were still undecided and Republicans asked for an economic study first.

    sourcenm.com
  6. LocalSanta Fe CountyJun 2026In force
    Santa Fe County 18-month moratorium

    Commissioners voted unanimously on June 30, 2026 for an 18-month pause on permits for new data centers above a megawatt threshold (cut from a 100 MW draft) while staff write rules on water, energy and noise. No projects were pending in the county.

    sourcenm.com
  7. LocalSocorro CountyJun 2026In force
    Socorro County one-year moratorium

    Commissioners voted unanimously on June 9, 2026 to bar data centers and related infrastructure on unincorporated county land for one year and to form an advisory committee to recommend regulations.

    sourcenm.com
  8. CourtDoña Ana CountyJun 2026Pending
    Project Jupiter bond lawsuit allowed to proceed

    On March 20, 2026 District Judge Jennifer DeLaney denied the county's motion to dismiss the Environmental Law Center suit over the bond and tax break approvals and refused to pause them, so the deal stays in effect while the case goes to the merits; a second Law Center suit alleges Open Meetings Act violations. Resident Derrick Pacheco's separate petition was dismissed without prejudice for a second time on June 23, 2026 with leave to amend. The New Mexico Foundation for Open Government also sued the county that week over withheld records.

    sourcenm.com
  9. State lawFeb 2026Failed
    SB 235 Microgrid Oversight Act (Sen. Steinborn)

    Would have given the Public Regulation Commission approval and oversight of microgrids over 20 MW, applied the Energy Transition Act's renewable targets to them and required annual energy and water reports. It passed the Senate 22 to 20 on February 14, 2026 but never got a House vote, so it did not become law.

    sourcenm.com
  10. LocalDoña Ana CountySep 2025In force
    Project Jupiter industrial revenue bonds

    In 2025 the county commission approved $165 billion in industrial revenue bonds, a 30-year property tax exemption in return for $360 million in payments, and a gross receipts tax deduction tied to $50 million for water and wastewater works.

    haussamen.com
  11. State lawMar 2025In force
    HB 93 microgrid amendment

    A late floor amendment in the 2025 session lets campuses power themselves with private microgrids that face less commission scrutiny. Lawmakers disagree on whether these microgrids must follow the state's clean energy schedule. Project Jupiter plans two gas plants on this basis.

    sourcenm.com

New York

Extensive ↑ TighteningState permits for 50 MW-plus data centers frozen pending environmental review12 items
6in force
6pending
2local pauses
intact, with conditionstax break
5.0combined index (5 most)
10.5cper kWh, industrial
4 November 2026reviewed
Regulation2.6 / 5 · statewide pause
  1. Grid connection2

    Executive Order 62 (14 Jul 2026) only directs a working group on beneficiary-pays interconnection rules; no fee, study or obligation binds yet.

  2. Power rates2

    Case 26-E-0045 (opened 12 Feb 2026) is still writing cost allocation rules and the 15 Sep 2026 $1 million per MW framework is voluntary.

  3. Siting and land use5

    Executive Order 62 (14 Jul 2026) holds all state discretionary permits for data centers of 50 MW or more statewide until the generic review is done.

  4. Tax treatment2

    The 2000 sales tax break stands and the 15 Sep 2026 framework only recommends $1 million per MW; the ban on breaks above 50 MW is a 2027 budget proposal.

  5. Permits and water2

    Order 62 (14 Jul 2026) orders a 12-month review of water withdrawal rules and the framework asks for voluntary reporting and limited NDAs.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Executive Order 62, signed July 14, 2026, tells the environmental agency to hold discretionary permits for new or expanding data centers of 50 MW or more until the Department of Public Service finishes a statewide generic environmental impact statement. The Legislature passed a broader bill on June 4, 2026 (A11560/S10642) with a one-year permit bar at 20 MW, a separate rate class and renewable targets; as of October 10, 2026 the bill had not been delivered to the governor, so there is no signature or veto. The Public Service Commission is rewriting large-load interconnection and cost rules in Case 26-E-0045, and no utility large-load tariff has been approved yet. On September 15, 2026 Empire State Development published a voluntary host community framework recommending $1 million per MW in local payments. Towns are acting on their own: Dryden has banned data centers outright and the Towns of Tonawanda and Manlius have one-year moratoria.

Outlook

Governor Hochul won a second full term on 3 November 2026 (AP call, about 60% to 40%) after campaigning on the Executive Order 62 pause, bring-your-own-power or premium pricing for data centers and $1 million per MW in community payments, and she takes the oath again in January 2027. Democrats hold both houses and were set to regain a two-thirds Senate supermajority, which means the Legislature can override vetoes; A11560/S10642 (one-year permit bar at 20 MW, separate rate classes, renewable targets) still has not been delivered to her, and she must sign or veto it within the statutory window once it is, with press reports saying a decision is expected by year end. She has said a ban on tax breaks for 50 MW-plus data centers could go in the 2027 budget, due 1 April 2027. On the regulatory track, comments on the draft scope of the generic environmental impact statement closed 20 October 2026, a final scope is expected next and the review may take up to a year; the technical conference in Case 26-E-0045 is due by 31 December 2026 and the staff white paper on large-load rules by 12 February 2027. No ruling has been found in the July 2026 suit over the Stream data center at the STAMP site.

After the 3 November 2026 election
  • Governor Kathy Hochul (D). Hochul campaigned on her Executive Order 62 pause for data centers of 50 MW or more, saying data centers must 'bring their own power' or pay a premium for electricity and that communities should receive 'millions of dollars' in benefits (about $1 million per MW); she has not said whether she will sign or veto the Legislature's A11560/S10642. wamc.org
  • Legislature Democratic both chambers, control changed. Democrats kept the Assembly supermajority and were set to regain a two-thirds supermajority in the Senate after losing no seats and leading in several Republican-held districts; final seat counts were not yet published on 4 November. cityandstateny.com
  • Commission Public Service Commission members are appointed; no seats were on the ballot.
  • New York City charter revision proposals (five) (New York City, passed) All five proposals from the mayor's Charter Revision Commission, on city processes and financial planning, passed; none concerns data centers. cityandstateny.com
  • Massena (St. Lawrence County) A proposed town measure on data centers did not reach the ballot because the town board did not authorize it. no vote held. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: NYISOReviewed 4 November 2026Research confidence: High

New York: full entry, every item and its source →

  1. RegulatorPublic Service CommissionOct 2026Pending
    Generic environmental impact statement, draft scope (Case 26-E-0045)

    The commission issued a draft scope for the statewide review that controls when the permit pause ends. Written comments closed October 20, 2026 and a final scope is expected next; the review is expected to take up to a year once the scope is final, and it will weigh capacity charges, bring-your-own generation or storage, curtailment and tariff changes.

    whitecase.com
  2. ExecutiveSep 2026In force
    Executive Order 62 follow-on directives

    The order also requires an interconnection working group on beneficiary-pays cost rules (formed within 60 days, report within 90), a community investment framework from the economic development agency within 60 days, a possible Grid Acceleration Fund with upfront contributions and demand response, and a 12-month review of water withdrawal rules. The framework was published September 15, 2026; the DPS Large Load and Data Center Interconnection Technical Working Group has an October 30, 2026 meeting listed and no report posted yet.

    dps.ny.gov
  3. ExecutiveEmpire State DevelopmentSep 2026In force
    Host Community Investment Framework: $1 million per MW benchmark

    Published September 15, 2026 under Executive Order 62. Voluntary guidance for localities that recommends developers contribute $1 million for every megawatt of utility demand to a locally run Community Investment Fund, pay prevailing wages and hire locally, limit nondisclosure agreements to trade secrets, and report annually on jobs, water, energy and fund payments. It does not replace SEQRA or permitting.

    governor.ny.gov
  4. RegulatorPublic Service CommissionSep 2026Pending
    SEQRA positive declaration for large-load reforms

    The state's Environmental Notice Bulletin of September 30, 2026 lists the commission as lead agency and says the large-load interconnection reforms and data center build-out may have a significant environmental impact, so a generic impact statement is required.

    dec.ny.gov
  5. LocalTown of Tonawanda (Erie County)Aug 2026In force
    One-year local moratorium on data centers of 20 MW or more

    The town board voted unanimously on August 3, 2026 to stop accepting applications for a year. The target is the proposed 300 MW Riverview campus at the former Tonawanda Coke site.

    btpm.org
  6. ExecutiveJul 2026In force
    Executive Order 62 permit pause

    Signed July 14, 2026. The environmental agency must hold discretionary permit applications for new or expanding data centers of 50 MW or more that were not complete by that date, until the generic environmental impact statement and findings are done. Ministerial approvals and local permits are not covered; manufacturing, research, education and medical facilities are exempt.

    davispolk.com
  7. LocalTown of Manlius (Onondaga County)Jul 2026In force
    Manlius one-year moratorium on data centers and crypto mining

    The town board voted 7 to 0 on July 8, 2026 for a one-year moratorium on data processing centers and commercial cryptocurrency mining.

    cnycentral.com
  8. ExecutiveJul 2026Proposed
    Governor's proposed ban on tax breaks for hyperscale data centers

    The governor said she will seek to bar property, sales and mortgage recording tax breaks, including those granted by the state's 106 industrial development agencies, for data centers of 50 MW or more, possibly in the 2027 budget. A 2000 law still authorizes sales tax breaks for internet data centers, and the power authority sells discounted power to some.

    investigativepost.org
  9. LocalSTAMP site, Town of Alabama (Genesee County)Jul 2026Pending
    Stream data center at STAMP: lawsuit and stalled permits

    Stream U.S. Data Centers proposes a 2.2 million square foot facility and asked the county development agency for about $1.46 billion in state and local sales tax breaks. The Tonawanda Seneca Nation, the Sierra Club and a resident sued on July 13, 2026 over the site's 2012 incentive zoning deal, and on July 10 the environmental agency demanded an updated wetlands delineation and a noise study before considering stormwater permit coverage. Whether the Executive Order 62 pause reaches those approvals was unresolved; no ruling in the suit was found as of October 23.

    investigativepost.org
  10. State lawJun 2026Pending
    Responsible Data Center Development Act (A11560/S10642)

    Passed both houses on June 4, 2026 (Senate 43 to 17). It would bar new state environmental permits for data centers of 20 MW or more for one year, require separate electric, gas and water rate classes by June 1, 2030, and set renewable supply targets of one third by 2030 rising to 90 percent by 2040 for sites of 5 MW or more. As of October 10, 2026 the bill page shows it has not been delivered to the governor, so there is no signature or veto and the clock for her to act has not started.

    nysenate.gov
  11. LocalTown of Dryden (Tompkins County)Feb 2026In force
    Zoning ban on data centers and crypto mining

    In February 2026 the town amended its zoning code to prohibit data centers and cryptocurrency mining, after more than a year under a temporary moratorium. Town officials called it the first such ban in the state.

    wskg.org
  12. RegulatorPublic Service CommissionFeb 2026Pending
    Large-load interconnection and cost proceeding (Case 26-E-0045)

    Opened February 12, 2026 to carry out the governor's Energize NY Development plan: new interconnection, cost allocation and tariff rules so data centers pay the costs they cause. A technical conference is due by December 31, 2026 and a staff white paper by February 12, 2027. Nearly 12 GW of new load was in the grid operator's queue in February 2026.

    barclaydamon.com

North Carolina

Light ↑ TighteningElectricity tax break repealed; Duke large-load tariff awaits commission ruling19 items
7in force
9pending
5local pauses
narrowedtax break
2.6combined index (5 most)
8.2cper kWh, industrial
2 November 2026reviewed
Regulation2.2 / 5
  1. Grid connection1

    No large-load study or connection rule is in force; the Duke settlement filed 6 Oct 2026 awaits a commission ruling.

  2. Power rates2

    The Duke large-load settlement (6 Oct 2026) with 75% minimum bills and upfront payments is pending, so no binding term applies.

  3. Siting and land use4

    Charlotte (extended 26 Oct 2026 to Oct 2027), Raleigh, Durham County, Cary, Chatham, Orange and Apex are paused, covering the main markets among 50-plus.

  4. Tax treatment3

    The July 2026 budget repealed the sales tax exemption on data center electricity while keeping the equipment exemptions.

  5. Permits and water1

    No water reporting, air permit or disclosure rule is in force; SB 730's study requirements sit in Senate Rules.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

North Carolina moved from recruiting data centers to pulling back in 2026. The state budget signed in July ended the sales tax exemption on data center electricity while keeping the equipment exemptions, and the governor has proposed phasing the rest out by the end of 2032. Duke Energy and the Public Staff filed a large-load tariff settlement on 6 October 2026 that the Utilities Commission has not yet approved; consumer and clean energy groups say its upfront payments and exit terms are too weak. At least 50 local governments, including Charlotte and Durham County, have adopted temporary moratoria, though Forsyth County rejected one in early October after its attorney warned of a lawsuit.

Outlook

The Utilities Commission could rule on the Duke large-load tariff settlement (dockets E-7 Sub 1329 and E-2 Sub 1380) as early as November 2026, with rate case orders for Duke Energy Carolinas and Duke Energy Progress also due this fall; the attorney general and governor are pressing for tougher exit and upfront payment terms, and FERC approved Duke Energy Carolinas' large-load transmission terms on 9 October 2026. Senate Bill 730 passed the House in June 2026 and has sat in Senate Rules since 8 June, and HB 1213 is parked in House Energy and Public Utilities; further exemption rollbacks and a 'bring your own clean energy' law are expected to be argued in the 2027 session, and advocates asked lawmakers on 13 October for a two-year hyperscale moratorium that no legislator has filed. Davidson County adopted data center standards 5-2 on 26 October 2026 and rejected a moratorium, Charlotte extended its pause to 18 October 2027 the same day, Raleigh's six-month pause runs to draft rules in November and final action on 6 April 2027, and Columbus County is weighing a 120-day pause. Legal risk is now slowing new moratoria after a developer won a challenge in Chatham County.

Grid: PJM, TVA, Southeast utilitiesReviewed 2 November 2026Research confidence: Medium

North Carolina: full entry, every item and its source →

  1. LocalDavidson CountyOct 2026In force
    Davidson County data center standards adopted, moratorium rejected

    After a 3-3 deadlock in August and a 4-2 vote on 28 September 2026 to put a moratorium on the agenda, commissioners voted 5-2 on 26 October 2026 to adopt data center standards covering noise, water and power use and environmental effects in unincorporated areas, and rejected the moratorium residents had urged. Officials say no proposal has been submitted.

    wfae.org
  2. LocalCharlotteOct 2026In force
    Charlotte moratorium extended to 18 October 2027

    Charlotte City Council approved a 150-day moratorium on data center projects on 8 June 2026, due to expire on 5 November 2026. On 26 October 2026 the council voted unanimously to extend the pause on accepting, processing and approving applications for new data center projects to 18 October 2027 while it evaluates existing and new ordinances.

    wbtv.com
  3. LocalRaleighOct 2026In force
    Raleigh six-month moratorium on large data centers

    City Council voted 7 to 1 on October 6, 2026 to pause approvals of large data centers for six months while staff write rules; a proposed exemption for facilities up to 5 MW drew objections, and activists wanted 32 months. Draft regulations go to public comment November 16 with final council action set for April 6, 2027. Cary adopted an 18-month moratorium in August.

    wunc.org
  4. RegulatorDuke Energy Carolinas and Duke Energy ProgressOct 2026Pending
    Duke and Public Staff large-load tariff settlement

    Filed with the Utilities Commission on October 6, 2026 in the Duke Energy Carolinas and Duke Energy Progress rate dockets (E-7 Sub 1329, E-2 Sub 1380). Covers customers above 50 MW that run near peak and any customer above 150 MW, with a monthly minimum of at least 75 percent of projected demand, an upfront payment for dedicated facilities and damages for early exit; customers that contracted with Duke on or before June 1, 2026 are exempt. Amazon, Microsoft, Google and Meta support it; Attorney General Jackson called it a massive step forward on October 14 but said he and the governor will push for stronger terms. A commission ruling could come in November 2026.

    wfae.org
  5. RegulatorDuke Energy Carolinas and Duke Energy ProgressOct 2026Pending
    Consumer and clean energy groups oppose the Duke large-load settlement

    On 7 October 2026 the Southern Environmental Law Center, for the NC Justice Center, NC Housing Coalition, Southern Alliance for Clean Energy and Vote Solar, said the settlement filed the day before is too lenient. They support the minimum bill but say upfront payments fall well short of grid upgrade costs and that customers could exit by paying about 25 percent of remaining costs. They asked the commission for a stronger tariff and a clean transition tariff.

    selc.org
  6. LocalForsyth CountyOct 2026Failed
    Forsyth County rejects six-month moratorium

    Commissioners voted 5-2 against a six-month pause on new data center proposals, reported on 1 October 2026. The county attorney warned of a likely lawsuit and pointed to Chatham County, where a developer successfully challenged a moratorium imposed after its project was under way. The report says at least 50 North Carolina local governments have adopted moratoria in recent months.

    wunc.org
  7. LocalColumbus CountyOct 2026Pending
    Columbus County considers 120-day moratorium

    Commissioners held a public hearing on 5 October 2026 on pausing approvals for data centers and other high-intensity computing in unincorporated areas for 120 days. The outcome was not confirmed. Whiteville, Southport and Boiling Spring Lakes already have temporary moratoria.

    wect.com
  8. State lawOct 2026Proposed
    Advocates ask legislature for a two-year hyperscale moratorium

    On October 13, 2026 Piedmont Environmental Alliance, Yadkin Riverkeeper, No Data Center Rural Hall and the Carolina Federation asked state lawmakers for a two-year statewide moratorium on hyperscale data centers. No bill has been filed and lawmakers are not considering a moratorium; Stokes County meanwhile approved a hyperscale project.

    wfae.org
  9. LocalMount Airy and Surry CountySep 2026Expired
    Mount Airy and Surry County 60-day moratoria

    Mount Airy commissioners voted unanimously on July 16, 2026 for a 60-day pause on new data center projects, following similar moratoria in Surry and Davie counties. A 60-day pause from July 16 ran out in mid-September 2026; no extension was found.

    whqr.org
  10. LocalDurham CountyAug 2026In force
    Durham County nine-month moratorium on hyperscale data centers

    Commissioners voted 4-1 on 24 August 2026 to bar new hyperscale data centers for nine months while staff write permanent rules. Enterprise and small facilities of up to 100,000 square feet may still proceed.

    govtech.com
  11. State lawJul 2026In force
    2026 state budget ends sales tax exemption on data center electricity

    Governor Stein signed the budget in early July 2026. It repeals the sales and use tax exemption on electricity bought by qualifying data centers, worth about $21.4 million in fiscal 2026-27, and keeps the exemptions for equipment and other capital purchases.

    datacenterknowledge.com
  12. LocalDavie CountyJul 2026In force
    Davie County one-year moratorium

    Davie County commissioners passed a one-year moratorium on data center development in early July 2026.

    whqr.org
  13. RegulatorDuke Energy CarolinasJul 2026Pending
    Duke Energy Carolinas rate case settlement commits to a large-load tariff

    The July 2026 settlement between Duke, the Public Staff, EDF and others in the Duke Energy Carolinas rate case committed Duke to file a large-load tariff by the end of September in an expedited proceeding. The tariff settlement was filed October 6, 2026. A final commission order on the rate case is expected in fall 2026.

    blogs.edf.org
  14. ExecutiveJun 2026Proposed
    Governor proposes phasing out all data center tax exemptions

    Governor Stein's office proposed in June 2026 to end the electricity exemption and new applications at the end of 2026, require 2026 applicants to reach the $75 million investment threshold by the end of 2028, and sunset the remaining sales tax exemptions at the end of 2032. Only the electricity piece was enacted in the budget.

    wunc.org
  15. State lawJun 2026Pending
    Senate Bill 730, Ratepayer Protection Act

    Passed the House 69 to 44 on June 3, 2026 as a committee substitute. For data centers with peak demand of at least 100 MW it would require direct utility contracts that keep costs off other customers, ban local incentives and evaporative cooling, require noise and environmental studies, and bar ownership tied to China, Iran, Russia or North Korea. It also carries wider energy provisions. The Senate referred the House version to its Rules Committee for concurrence on June 8, 2026 and has taken no action since.

    ncleg.gov
  16. State lawJun 2026Pending
    House Bill 1213, full repeal of the data center sales tax exemption

    Bipartisan bill filed April 30, 2026 to repeal the exemption outright. House Finance reported a committee substitute favorably on June 30, 2026 and re-referred it to Energy and Public Utilities, where it has not moved. Current law requires a $75 million investment over five years; 37 data centers have qualified since 2015.

    ncleg.gov
  17. LocalChatham County, Orange County, Wendell, ApexApr 2026In force
    Triangle-area moratoria

    Chatham County adopted a 12-month ban on data center and crypto mining construction in February 2026, Orange County a one-year pause in April 2026, Wendell a moratorium through 31 December 2026, and Apex a one-year suspension after Natelli Investments withdrew its project in March 2026. Durham County followed with a nine-month pause in August 2026. Harnett and Cumberland counties and Fayetteville were considering their own as of April.

    wral.com
  18. ExecutiveFeb 2026Proposed
    Energy Policy Task Force report (Executive Order 23)

    The governor's task force reported on 16 February 2026. It recommended large-load tariffs with monthly minimums, collateral and long contracts, a fiscal review of data center tax breaks, monitoring of water and energy use, load flexibility and 'bring your own clean energy' options.

    wfae.org
  19. LocalTarboroSep 2025Failed
    Tarboro denies data center application

    The town denied an application for a data center on a 50-acre site in September 2025. Edgecombe County then added data center rules to its development ordinance in November 2025.

    wral.com

North Dakota

Minimal ↑ TighteningOpen for now; 2027 bills would mandate own power and trim the tax break8 items
3in force
4pending
1local pause
intacttax break
1.8combined index (5 most)
8.1cper kWh, industrial
23 October 2026reviewed
Regulation1.2 / 5
  1. Grid connection1

    PSC's April 15, 2026 Agassiz line variance shows standard service; the commission does not regulate data centers and no large-load study rule exists.

  2. Power rates1

    No large-load tariff exists; cooperatives serve most projects outside PSC rate regulation and the October 20, 2026 cost-shift bill is only a draft.

  3. Siting and land use2

    Morton County's moratorium, in force as of August 2026, is one local pause outside the Cass County market; no statewide siting rule.

  4. Tax treatment1

    The 2015 sales tax exemption on IT equipment is intact and uncapped; the August 2026 call to revisit it in 2027 is not an action.

  5. Permits and water1

    Nothing in force; the NDA ban SB 2406 failed 32 to 15 in the September 2026 special session.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

North Dakota exempts data center IT equipment from sales tax, a break that cost more than $65 million in 2025, and most large projects are served by cooperatives outside Public Service Commission rate regulation. The commission's role has been limited to siting power lines such as the one for Applied Digital's 280 MW campus near Harwood. A legislative interim committee on AI and data centers began meeting in July 2026 amid heavy public comment, and Morton County has a moratorium in place while it rewrites its ordinance. In a special session in early September 2026 lawmakers rejected a ban on nondisclosure agreements between data center developers and public officials.

Outlook

The interim committee heard 2027 bill frameworks on 20 October 2026: Rep. Anna Novak's draft would write bring-your-own-power into law, bar cost shifting to ratepayers and require closed-loop cooling and a bonded decommissioning plan, Sen. Dean Rummel would narrow the sales tax exemption to computing equipment, and Sen. Jose Castaneda would require every county to adopt a data center ordinance. No drafts were voted on; the Legislature convenes in January 2027, where nondisclosure agreements and community benefit agreements are also expected topics. Morton County's revised ordinance went to its County Commission on 10 September 2026 and adoption has not been confirmed, and Harmony Township's vote on a two-year development moratorium was canceled on 22 October without a new date. A Public Service Commission seat is on the 3 November 2026 ballot.

Grid: MISO, SPPReviewed 23 October 2026Research confidence: Medium

North Dakota: full entry, every item and its source →

  1. State lawOct 2026Pending
    Interim committee on AI and data centers

    Created by Legislative Management and chaired by Rep. Jonathan Warrey, it first met on July 15, 2026 with more than 70 people attending and held five meetings through October. Cities, counties and business groups circulated a model local ordinance. At its October 20, 2026 meeting lawmakers presented 2027 bill frameworks: Rep. Anna Novak's draft would write bring-your-own-power into law, bar cost shifting to ratepayers, require closed-loop cooling and a bonded decommissioning plan; Sen. Dean Rummel would narrow the sales tax exemption to computing equipment; Sen. Jose Castaneda would require every county to adopt a data center ordinance.

    northdakotamonitor.com
  2. State lawOct 2026Proposed
    2027 data center bill frameworks presented to interim committee

    On October 20, 2026 Rep. Anna Novak outlined a bill that would put bring-your-own-power into statute, prohibit shifting data center costs to ratepayers, require closed-loop cooling and require a bonded decommissioning or repurposing plan. Sen. Dean Rummel proposed limiting the sales tax exemption to computing equipment, cutting its value from tens of millions to a few million dollars a year, and Sen. Jose Castaneda proposed requiring every county to adopt a data center ordinance. No drafts were voted on; the session opens in January 2027.

    northdakotamonitor.com
  3. LocalHarmony TownshipOct 2026Proposed
    Harmony Township two-year development moratorium vote postponed

    The township scheduled an October 22, 2026 vote on a two-year development moratorium that Geronimo Power says would jeopardize its proposed data center, which is in conditional use review next to its permitted solar and storage project; the meeting was canceled without a new date.

    valleynewslive.com
  4. State lawSep 2026Failed
    SB 2406: ban on data center nondisclosure agreements rejected

    During the September 2026 special session lawmakers voted 32 to 15 against SB 2406, which would have barred nondisclosure agreements between data center developers and public agencies or officials, after it failed to win support in committee. Governor Kelly Armstrong said no official can get around open records laws by signing one. Sponsors expect the issue to return.

    valleynewslive.com
  5. LocalMorton CountyAug 2026In force
    Data center moratorium and revised ordinance

    The county has a data center moratorium in place. On 26 August 2026 its planning commission recommended a revised ordinance (wider public notice, lighting, noise, generator and setback rules) to the County Commission for 10 September.

    kfyrtv.com
  6. State lawAug 2026In force
    Sales tax exemption on data center equipment under review

    Created in 2015 and set in its current form in 2021, the exemption covers servers, cooling and other IT equipment but not construction. Its cost rose from $5.4 million in 2021 to more than $65 million in 2025, and legislators said in August 2026 it should be revisited in 2027.

    valleynewslive.com
  7. ExecutiveMay 2026Proposed
    Public Service Commission candidate calls for moratorium

    A Republican candidate for the Public Service Commission called in May 2026 for a moratorium on data center development.

    kfgo.com
  8. RegulatorHarwood (Cass County) / Minnkota Power CooperativeApr 2026In force
    Agassiz transmission line for Applied Digital campus

    On April 15, 2026 the Public Service Commission granted a temporary variance letting Minnkota Power Cooperative start grading for a $110 million substation and 1.74-mile 345 kV line serving Applied Digital's campus near Harwood, which needs up to 280 MW; Applied Digital pays the cost up front and the full project approval was still pending. Chair Randy Christmann said the commission does not regulate data centers themselves.

    northdakotamonitor.com

Ohio

Moderate ↑ TighteningNew tax breaks paused; 138 local moratoria; state bill stalled19 items
13in force
5pending
1local pause
paused or sunsettax break
3.1combined index (5 most)
9.8cper kWh, industrial
4 November 2026reviewed
Regulation3.2 / 5
  1. Grid connection3

    AEP Ohio Schedule DCT (July 2025) demands collateral of half of minimum charges before service; HB 15 (August 2025) permits but does not require own power.

  2. Power rates4

    PUCO's AEP Ohio DCT class (July 2025) sets an 85 percent minimum over 12 years with exit fees, and the August 5, 2026 notice rule assigns default costs.

  3. Siting and land use4

    At least 138 local moratoria as of September 17, 2026, upheld by the Ohio Supreme Court on October 20, 2026, cover most main markets including central Ohio.

  4. Tax treatment4

    Gov. DeWine paused new sales tax exemption offers on May 27, 2026 with no end date; existing agreements keep their breaks.

  5. Permits and water1

    No water, air or disclosure rule is in force; HB 784 water reporting and HB 695 NDA limits are pending.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Ohio has turned against new data centers faster at the local and executive level than in statute. Gov. DeWine paused new offers of the sales tax exemption on 27 May 2026 after its cost reached about $1.6 billion in 2025, and at least 138 municipalities and townships had moratoria in force by mid-September 2026. On 20 October 2026 the Ohio Supreme Court ruled 7-0 in Bristolville 25 Developer v. Village of Lordstown that a village owes no site plan review while its moratorium is in effect, the first high-court backing for the local pauses against developer challenges. A Senate package (Substitute HB 646) that would halve new tax breaks and require a data center tariff at every utility was informally passed by the Senate in June 2026 but has had no final vote. The AEP Ohio data center tariff (25 MW and above, 85 percent minimum, 12 years) remains the only approved tariff and is under appeal at the Ohio Supreme Court.

Outlook

Democrat Amy Acton defeated Vivek Ramaswamy on 3 November 2026 (about 51 to 46 percent in unofficial returns) and is to be inaugurated on 11 January 2027 having proposed a conditional moratorium under which new data centers must meet standards on energy costs, transparency, siting and environmental impact and pay for their own gas, water and power; she will also decide whether Gov. DeWine's May 2026 pause on new sales tax exemption awards continues and will appoint PUCO commissioners as terms end. Republicans keep both chambers but lost the 60-seat House supermajority on early returns while keeping it in the Senate, so a veto can no longer be overridden without Democratic votes, and Substitute HB 646 and the other pending bills die when this General Assembly ends in December 2026 unless passed in the post-election session that Republican leaders are expected to use for last-minute bills. Voters passed 16 of the 19 local measures with results, including bans above 25 MW or outright in 11 cities and villages, with Monroe and Sprigg townships still unreported and certification expected about three weeks after the election; Trenton's ban blocks the annexation for a 1,000 MW Amazon campus. PUCO has directed FirstEnergy to propose a data center tariff and staff recommended one for AES Ohio, the manufacturers' appeal of the AEP Ohio tariff still awaits a ruling, and Cincinnati expects draft zoning rules in November 2026 ahead of its interim control's expiry on 11 February 2027. Backers of a constitutional ban on data centers above 25 MW are aiming for the November 2027 ballot.

After the 3 November 2026 election
  • Governor Amy Acton (D), flipping the office. Acton proposed on 27 July 2026 a "conditional moratorium" under which new data centers must meet standards on energy costs, union labor, transparency, environmental impact and siting, pay for their own gas, water and electricity and show they will not raise electricity costs, saying "If you do not meet these conditions, we do not want you in Ohio." signalohio.org
  • Legislature Republican both chambers; House supermajority lost, Senate supermajority kept, control changed. Democrats gained at least seven and possibly up to twelve House seats, ending the 60-seat veto-proof Republican majority with two Republican incumbents still uncalled, while Senate Republicans lost about two seats and keep a supermajority. statenews.org
  • Commission PUCO commissioners are appointed by the governor, so the governor-elect will fill seats as terms end.
  • Issue 3 (photo ID for voting) (state, passed) Constitutional amendment requiring photo identification to vote; not related to data centers. multistate.us
  • Trenton (Issue 17) Charter amendment barring data centers above 25 MW, which blocks the annexation for a proposed 1,000 MW Amazon campus and puts a 250 MW Prologis site under construction in question. passed, about 80 percent yes. wvxu.org
  • Sunbury Charter amendment barring data centers above 25 MW. passed, 79 percent yes. unite.ai
  • Pataskala Charter amendment barring data centers above 25 MW, effective immediately. passed, 74 percent yes. unite.ai
  • Granville Initiative barring data centers in the village. passed, 82 percent yes. unite.ai
  • Conneaut (Issue 10) Charter amendment barring data centers above 25 MW. passed, 65 percent yes. statecapitallobbyist.com
  • Defiance Initiative barring data centers above 25 MW. passed, 65 percent yes. statecapitallobbyist.com
  • Hubbard Initiative barring data centers within city limits. passed, 77 percent yes. statecapitallobbyist.com
  • Oregon (Issue 25) Measure barring data centers above 25 MW. passed, 60 percent yes. statecapitallobbyist.com
  • Piqua Charter amendment barring data center construction in the city. passed, 67 percent yes. statecapitallobbyist.com
  • Upper Sandusky Charter amendment barring data center construction in the city. passed, 77 percent yes. statecapitallobbyist.com
  • Urbana Initiative barring data centers within city limits. passed, 77 percent yes. statecapitallobbyist.com
  • Grove City (Issue 28) Charter amendment requiring voter approval before city approvals for developments over 50 acres, 20 MW or 500,000 gallons of water a day. passed, 55 percent yes. unite.ai
  • Perry (Issue 16) Requires financial guarantees from hyperscale developers seeking special tax incentives. passed, 87 percent yes. statecapitallobbyist.com
  • Wilmington Four referendums on rezoning rural residential land to light industrial for a data center. all four rezonings rejected, about 80 percent against. fortune.com
  • Ashville Referendum on the village's term summary for negotiations with EdgeConneX on two data centers. rejected, 82 percent no. unite.ai
  • Monroeville Advisory question on whether to allow data centers. rejected, 87 percent no (advisory). statecapitallobbyist.com
  • Monroe and Sprigg townships (Adams County) Township zoning initiatives to establish zoning in unincorporated areas. not yet reported. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: PJMReviewed 4 November 2026Research confidence: Medium

Ohio: full entry, every item and its source →

  1. LocalConneaut, Defiance, Granville, Hubbard, Oregon, Pataskala, Piqua, Sunbury, Upper Sandusky, UrbanaNov 2026Approved, not yet effective
    Ten more cities and villages adopt data center bans by ballot

    On 3 November 2026 voters in ten Ohio municipalities besides Trenton approved charter amendments or initiatives barring data centers: above 25 MW in Conneaut (Issue 10, 65 percent), Defiance (65 percent), Oregon (Issue 25, 60 percent), Pataskala (74 percent, effective immediately) and Sunbury (79 percent), and all data centers in Granville (82 percent), Hubbard (77 percent), Piqua (67 percent), Upper Sandusky (77 percent) and Urbana (77 percent). Results are unofficial; the Secretary of State expects certification about three weeks after the election.

    statecapitallobbyist.com
  2. LocalGrove CityNov 2026Approved, not yet effective
    Grove City requires voter approval for large developments (Issue 28)

    On 3 November 2026 Grove City voters approved the Community Consent Amendment 11,317 to 9,411 (55 percent, unofficial). It requires voter approval before the city approves developments over 50 contiguous acres, 20 MW of power or 500,000 gallons of water a day.

    unite.ai
  3. LocalPerryNov 2026Approved, not yet effective
    Perry requires financial guarantees from hyperscale developers (Issue 16)

    On 3 November 2026 Perry voters approved Issue 16 with about 87 percent (unofficial), requiring financial guarantees from hyperscale data center developers that seek special tax incentives from the village.

    statecapitallobbyist.com
  4. LocalWilmingtonNov 2026Approved, not yet effective
    Wilmington voters overturn four data center rezonings

    On 3 November 2026 Wilmington voters rejected, by about 80 percent each, four referendums that would have upheld council rezonings of rural residential sites (65, 191, 119 and 170 acres on SR 730, McGuinn Road and US 68 South) to light industrial for a data center, so the land keeps its residential zoning. Results are unofficial.

    statecapitallobbyist.com
  5. CourtTrenton (Butler County)Nov 2026Approved, not yet effective
    Trenton voters adopt charter ban on data centers above 25 MW (Issue 17)

    On 3 November 2026 Trenton voters approved Issue 17 with about 80 percent (3,541 to 903, unofficial), a charter amendment barring data centers above 25 MW. The measure reached the ballot after the Ohio Supreme Court ruled on 1 September 2026 (2026-Ohio-3406) that only 128 valid signatures were needed. It blocks the 600-acre annexation for a proposed 1,000 MW Amazon campus and puts a 250 MW Prologis data center under construction in question; certified results are expected about three weeks after the election.

    wvxu.org
  6. Local18 cities, villages and townshipsNov 2026Approved, not yet effective
    Voters pass 16 of 19 reported local data center measures

    Of 21 Ohio data center measures on the 3 November 2026 ballot, 19 had unofficial results by midday 4 November: bans passed in Conneaut, Defiance, Granville, Hubbard, Oregon, Pataskala, Piqua, Sunbury, Trenton, Upper Sandusky and Urbana (60 to 82 percent yes), Grove City adopted a voter approval requirement and Perry a financial guarantee requirement, Wilmington voters overturned four data center rezonings and Ashville voters rejected the village's EdgeConneX term summary (about 80 percent against each), and Monroeville's advisory question on allowing data centers failed 87 to 13. Monroe and Sprigg township zoning initiatives were not yet reported.

    statecapitallobbyist.com
  7. CourtLordstownOct 2026In force
    Ohio Supreme Court upholds Lordstown moratorium against $3.6 billion developer

    On 20 October 2026 the court ruled 7-0 in Bristolville 25 Developer v. Village of Lordstown (2026-Ohio-4073) that the village owes no site plan review while its data center moratorium is in effect, and that filing plans before the moratorium did not vest a right to a zoning permit. The developer proposed four buildings on about 133 to 153 acres straddling the Trumbull-Mahoning line. The ruling gives Ohio's roughly 140 local moratoria their first high-court backing against developer challenges.

    enr.com
  8. LocalStatewide (138 municipalities and townships)Sep 2026In force
    At least 138 active local moratoria

    As of 17 September 2026, at least 138 Ohio municipalities and townships had active data center moratoria, 23 had effective bans and at least 23 more across seven counties were considering them (Ohio Capital Journal count). Siting Radar's tracker listed 149 in force or adopted as of 22 October 2026. Butler County has a six-month moratorium covering six of its 13 townships. Developers are suing Urbana, Lordstown and Commercial Point. Named expirations: Niles and Shalersville November 2026; Lordstown, Springfield and Sunbury January 2027; Urbana March 2027; Commercial Point November 2027; Lima March 2028. Ballot measures on permanent bans are listed in a separate item.

    tiffinohio.net
  9. RegulatorAEP OhioAug 2026In force
    PUCO 180-day notice rule for data centers returning to default service

    On 5 August 2026 PUCO (Case 26-113-EL-ATA) ordered that data center customers give AEP Ohio 180 days' notice before taking default standard service offer supply; AEP Ohio then buys that energy through stand-alone auctions or spot purchases and assigns the full cost to the data center so other default-service customers are not affected.

    content.govdelivery.com
  10. State lawJun 2026Proposed
    Constitutional amendment to ban data centers above 25 MW

    The citizen petition needed about 413,000 valid signatures by 1 July 2026 and had about 76,600 in late June, so it will not be on the 2026 ballot. Organizers say they will keep collecting and aim for November 2027.

    tribtoday.com
  11. State lawJun 2026Pending
    Substitute HB 646: Senate data center package

    Unveiled 9 June 2026 as a rewrite of a House bill (passed 97-0 on 18 March) that only created a study commission. Would cut new sales tax exemptions from 100 to 50 percent (75 percent for brownfield sites that bring their own power), cap local property tax abatements, end eligibility for state megaproject incentives, require data centers drawing more than 250 MW from the grid to generate or procure their own electricity, require every electric distribution utility to file a data center tariff with a separate rate class, require closed-loop cooling, and require a surety bond deposited with the tax commissioner. The Senate informally passed the bill on 10 June, setting it aside without a recorded vote; talks with the House collapsed over the sales tax exemption and no further action was found through 23 October 2026, with lawmakers not due back until after the 3 November election.

    wtap.com
  12. State lawJun 2026Vetoed
    Sales tax exemption repeal vetoed; override abandoned

    The 2025 state budget (HB 96) ended the data center sales tax exemption, but Gov. DeWine vetoed that provision. On 9 June 2026 House Speaker Matt Huffman said he lacked the 60 votes to override. Existing agreements, some running 40 years, cover 18 companies and at least $2.3 billion.

    signalohio.org
  13. ExecutiveMay 2026In force
    Governor pauses new sales tax exemption awards

    On 27 May 2026 Gov. DeWine's office paused new offers of the sales and use tax exemption on data center construction materials and equipment while the legislature studies the industry. No end date was given. The exemption cost about $554 million in 2024 and nearly $1.6 billion in 2025; existing agreements are not affected.

    cleveland19.com
  14. RegulatorFirstEnergy, AES OhioMay 2026Pending
    PUCO moves to extend data center tariffs to other utilities

    The PUCO chair told lawmakers on 27 May 2026 that the commission has directed FirstEnergy to propose a data center tariff and that staff recommended one in AES Ohio's rate case. PUCO is also reviewing transmission cost allocation with a possible separate data center class. AEP Ohio reported 5,642 MW signed under its tariff, against more than 30,000 MW of requests in 2024.

    search-prod.lis.state.oh.us
  15. LocalCincinnatiApr 2026In force
    Cincinnati interim development control on data centers to February 2027

    Interim Development Control Overlay 89 was adopted 11 February 2026 for three months and extended nine months on 1 April 2026; it now runs to 11 February 2027 and temporarily regulates new or expanded data centers across more than 22,000 parcels in CC-A, CG-A, UM, DD, ML and MG districts while permanent zoning text is written. The city expects to release draft regulations in November 2026.

    cincinnati-oh.gov
  16. CourtAEP OhioMar 2026Pending
    Manufacturers' appeal of AEP Ohio tariff at Ohio Supreme Court

    The Ohio Manufacturers' Association Energy Group appealed the tariff as discriminatory. Briefing was due 24 March 2026 and no ruling had been reported as of the sources checked. Other pending 2026 bills tracked by the same source include SB 374 (limit exemptions from October 2027), SB 381 (PUCO approval before connection), HB 784 (water reporting) and HB 695 (NDAs).

    farmoffice.osu.edu
  17. State lawMar 2026Pending
    HB 706: extend AEP-style tariff terms statewide

    Introduced in February 2026 by Reps. David Thomas and Tristan Rader. Would require large data centers to sign long-term service agreements with minimum billing demand, exit fees or liquidated damages, and collateral or guarantees before construction, and bar utilities from shifting data center costs to other customers, mirroring the PUCO-approved AEP Ohio tariff. Not passed.

    wysu.org
  18. RegulatorAEP OhioSep 2025In force
    AEP Ohio data center tariff (Schedule DCT), Case 24-508-EL-ATA

    Approved by PUCO in July 2025 for new data center loads of 25 MW or more. Customers pay for at least 85 percent of contracted capacity under a 12-year term, with an exit fee of 36 months of minimum charges and collateral equal to half of total minimum charges. PUCO rejected a rehearing bid by Amazon, Google and others in September 2025. The order ended AEP Ohio's pause on new data center agreements in central Ohio.

    datacenterdynamics.com
  19. State lawAug 2025In force
    HB 15 (2025 energy law): behind-the-meter and self-power rules

    Passed 30 April 2025 and effective August 2025. Lets large customers take power from generation on property they own or control, built and run by third parties, without using utility wires, and creates a mercantile customer self-power system category for customers above 700,000 kWh a year; bars utilities from providing behind-the-meter generation; ends electric security plans in favor of rate cases every three years.

    dwlaw.com

Oklahoma

Moderate ↑ TighteningNew 75 MW ratepayer law, and city moratoria are spreading15 items
11in force
3pending
5local pauses
narrowedtax break
2.7combined index (5 most)
8.2cper kWh, industrial
23 October 2026reviewed
Regulation3.0 / 5
  1. Grid connection2

    HB 2992 (effective July 1, 2026) requires 60-day notice to the Corporation Commission for 75 MW loads; own power is allowed under SB 480, not required.

  2. Power rates3

    HB 2992 (effective July 1, 2026) imposes credit requirements, 10-year contracts and stranded cost repayment for 75 MW loads; tariffs are still pending.

  3. Siting and land use3

    Oklahoma City (April 21, 2026), Tulsa, Edmond, Norman and Shawnee pause new projects, but the Pryor, Stillwater and Muskogee markets stay open.

  4. Tax treatment3

    No data center incentive item and no incentive action appears in the file, so this scores 3: nothing to lose, nothing to gain.

  5. Permits and water4

    SB 259, signed in 2026 with a ceremony in August, bars data centers from open-air evaporative cooling, a water limit with teeth.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Oklahoma allows data centers to build their own power under a 2025 behind-the-meter law, and Google is expanding at Pryor, Stillwater and Muskogee. In 2026 the Legislature passed HB 2992, which requires separate terms, 10-year contracts and cost repayment for new loads of 75 MW or more, and a groundwater bill that restricts data center cooling. Both big utilities have large-load tariffs before the Corporation Commission. At the local level Oklahoma City, Tulsa, Shawnee, Pawhuska and others have paused new projects, a Coweta project was withdrawn, and a bill for a statewide moratorium failed.

Outlook

The Corporation Commission's final order on PSO's rate case and its 75 MW large load class, recommended by an administrative law judge in August 2026, was expected around mid-October 2026 and had not been confirmed as of 23 October; OG&E's tariff, filed 17 June 2026, was expected to take about six months to review. The Oklahoma City, Tulsa and Edmond moratoria expire on 31 December 2026, so those councils must decide on permanent zoning rules or extensions, while Shawnee's runs to 31 December 2027. The Supreme Court appeal over PSO's $1.3 billion generation pre-approval is still open, and the author of HB 2992 is running for a Corporation Commission seat.

Grid: SPPReviewed 23 October 2026Research confidence: Medium

Oklahoma: full entry, every item and its source →

  1. LocalShawneeAug 2026In force
    Shawnee moratorium on new data center applications

    City commissioners voted 7-0 in August 2026 to stop taking new data center applications until 31 December 2027, extending a 90-day pause proposed by staff. Existing and under-construction projects are not affected.

    hoodline.com
  2. LocalCherokee NationAug 2026In force
    Cherokee Nation bars hyperscale data centers on tribal land

    The Cherokee Nation, the largest tribe in the United States, barred hyperscale data centers on its lands in August 2026, citing water, energy, noise and cultural resources. Other projects require early consultation with the tribe.

    tomshardware.com
  3. RegulatorPublic Service Company of OklahomaAug 2026Pending
    PSO rate case: large load tariff recommended

    In August 2026 an administrative law judge recommended that the Corporation Commission approve a new rate class for customers adding more than 75 MW, as part of PSO's rate case. A commissioner estimated a final ruling in mid-October 2026.

    tulsaflyer.org
  4. LocalNormanJun 2026In force
    Norman pause on data center permits

    Norman's City Council voted unanimously on 23 June 2026 to pause approval of data center permits within city limits while staff, the council and the planning commission study impacts and hold hearings on zoning changes. The end date was not stated in the source.

    kgou.org
  5. LocalEdmondJun 2026In force
    Edmond data center moratorium to 31 December 2026

    The City Council enacted the moratorium on 8 June 2026. It bars data center development inside city limits while the city writes a formal policy, and expires on 31 December 2026 unless the council extends it.

    nondoc.com
  6. UtilityOG&EJun 2026Pending
    OG&E large-load tariff filing and Google special contract

    Filed 17 June 2026: customers of 75 MW or more would form a separate class, pay for contracted usage whether or not they use it, pay for their own grid connection, and pay monthly fees (an estimated $25 million to $30 million a year) into a fund for credits to other customers, with the Commission able to order credits in rate reviews. Review was expected to take about six months. OG&E's separate contract with Google (three data centers in Muskogee and Stillwater), finalized in late April 2026, has similar conditions but no monthly fee.

    kgou.org
  7. State lawMay 2026In force
    HB 2992 (Data Center Consumer Ratepayer Protection Act of 2026)

    Signed 11 May 2026, effective 1 July 2026. New data centers, crypto mines and AI facilities adding 75 MW or more must be served under separate terms with credit requirements, a minimum 10-year contract and repayment of costs left stranded if they leave; developers must notify the Corporation Commission, county commissioners and neighboring landowners within 60 days of a land deal. Facilities that build their own behind-the-meter generation are excluded.

    kgou.org
  8. State lawMay 2026In force
    SB 259 (groundwater reporting and data center cooling)

    A groundwater metering bill amended in April 2026 to bar data centers from using open-air evaporative cooling systems. It passed in May 2026 and was signed, with a signing ceremony in early August 2026.

    hoodline.com
  9. CourtPublic Service Company of OklahomaMay 2026Pending
    Appeal of PSO's $1.3 billion generation pre-approval

    On 22 May 2026 a state representative appealed to the Oklahoma Supreme Court the Corporation Commission order pre-approving about $1.3 billion of new PSO generation and storage, which he says is meant for large loads including data centers. AARP and industrial customers joined on 29 May, challenging the 2025 law (SB 998) that mandates recovery of construction costs while plants are being built.

    okhouse.gov
  10. LocalOklahoma CityApr 2026In force
    Oklahoma City moratorium on new data center applications

    Adopted unanimously on 21 April 2026 and running to 31 December 2026. On 19 May the council voted 7-2 to exempt two more named projects and facilities under 75 MW.

    kgou.org
  11. LocalCoweta, Pawhuska, McAlesterApr 2026In force
    Other local pushback: Coweta project withdrawn, Pawhuska pause, McAlester water sale stopped

    Beale Infrastructure withdrew its 270-acre Project Atlas application in Coweta on 30 March 2026 after residents objected to a non-disclosure agreement signed by city officials. Pawhuska voted on 14 April 2026 to halt data center reviews to the end of December, and McAlester's council stopped a proposed sale of 6 million gallons of raw water for data center cooling in February 2026.

    infrathesis.substack.com
  12. LocalTulsaMar 2026In force
    Tulsa moratorium on new data centers

    The city council approved a pause of about 270 days in late March 2026, ending no later than 31 December 2026, to study noise, water and energy effects and possible zoning changes. Both phases of Project Anthem in east Tulsa are exempt.

    kjrh.com
  13. LocalLawtonFeb 2026In force
    Lawton zoning limits on data centers

    On 24 February 2026 the council voted 5-3 to allow data centers with peak demand of 2 MW or less by right in the I-1 restricted manufacturing and warehouse district and to make data centers and digital asset mining above 2 MW a use permitted on review in the I-4 heavy industrial district.

    southwestledger.news
  14. State lawFeb 2026Failed
    SB 1488 (statewide moratorium bill)

    Would have barred construction of data centers of 100 MW or more until 1 November 2029 and ordered a Corporation Commission impact study. It was assigned to two committees in February 2026 and did not advance.

    foley.com
  15. State lawMay 2025In force
    SB 480 (behind-the-meter law)

    Signed in May 2025 and effective 1 July 2025. Lets businesses such as data centers and large manufacturers develop and manage their own power generation and electric facilities; it passed both chambers unanimously.

    accessible.oksenate.gov

Oregon

Extensive ↑ TighteningGovernor halts data center air and water permits to July 202712 items
7in force
5pending
1local pause
paused or sunsettax break
5.0combined index (5 most)
8.8cper kWh, industrial
23 October 2026reviewed
Regulation4.0 / 5 · statewide pause
  1. Grid connection3

    PGE Schedule 96 (effective June 10, 2026) requires 10 to 30 year contracts and 100 percent payment of distribution upgrades before a 20 MW load is served.

  2. Power rates5

    The 2025 POWER Act mandates a separate class with direct cost assignment, and PGE's June 2026 tariff adds a 90 percent minimum and a 1 cent per kWh surcharge.

  3. Siting and land use3

    Hillsboro's 120-day moratorium (July 27, 2026) pauses a main market and the September 8, 2026 executive order pauses state-owned land; no statewide ban yet.

  4. Tax treatment4

    HB 4084 (effective June 5, 2026) closes the enterprise zone property tax exemption to new data centers until after the 2027 session.

  5. Permits and water5

    The governor's October 9, 2026 letter halts all new DEQ air and water permits for data center construction or expansion until July 1, 2027.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Oregon has moved from recruiting data centers to restraining them. The 2025 POWER Act put loads of 20 MW or more in their own rate class, and the Public Utility Commission's Portland General Electric tariff took effect in June 2026 with 10 to 30 year contracts and a 90% minimum bill. HB 4084 closed the enterprise zone property tax exemption to new data centers until after the 2027 session, though the Strategic Investment Program remains open. On 8 September 2026 Governor Kotek, who is running for reelection, endorsed a statewide moratorium on new data centers and ordered a pause on data center development on state land, and on 9 October 2026 she directed the Department of Environmental Quality to stop approving new air and water permits for data center construction or expansion until 1 July 2027, an effective halt on new projects. Oregon has no sales tax, so there is no sales tax exemption.

Outlook

The DEQ permit pause runs to 1 July 2027 and reaches the pending air permit for Amazon's proposed Boardman site; Amazon Web Services says it will halt billions in planned investment, Umatilla declared a revenue emergency on 20 October 2026, and the 3 November governor's race decides whether the pause holds. The PUC is expected to decide Pacific Power's POWER Act tariff settlement (UE 463) on 13 November 2026, with the Data Center Coalition expected to appeal. The governor's Data Center Advisory Committee is taking comment on its preliminary findings until 24 October 2026, with a final report and the governor's 2027 proposals to follow. Hillsboro's moratorium ends on 24 November 2026 unless the council extends it. Democratic legislators plan to introduce a three-year moratorium in the 2027 session, which also has to decide whether the enterprise zone pause becomes permanent.

Grid: The West outside CaliforniaReviewed 23 October 2026Research confidence: High

Oregon: full entry, every item and its source →

  1. ExecutiveOct 2026In force
    Governor orders DEQ pause on data center air and water permits to July 2027

    In a letter sent Friday 9 October 2026 to DEQ director Leah Feldon, Governor Kotek directed the agency to stop approving new state and federal air and water pollution permits for data center construction or expansion until 1 July 2027, while she digests the Data Center Advisory Committee's recommendations and prepares proposals for the 2027 session. Oregon Rural Action said the pause reaches the pending air permit for Amazon's proposed hyperscale site in Boardman; Amazon Web Services said it would eliminate thousands of construction jobs and halt billions in planned investment. The Umatilla City Council declared an emergency on 20 October over lost revenue from the pause. No size threshold or exemptions were reported.

    oregoncapitalchronicle.com
  2. ExecutiveSep 2026In force
    Governor backs statewide moratorium; pause on state-owned land

    On 8 September 2026 Governor Kotek, speaking at a Capitol protest, announced support for a statewide moratorium on new data center construction and issued an executive order pausing new data center development on state-owned land and in state buildings for about a year. She has said a statewide moratorium itself needs legislative action.

    opb.org
  3. ExecutiveSep 2026Pending
    Data Center Advisory Committee preliminary findings

    The governor's committee released a Preliminary Learnings and Questions document on 10 September 2026 and opened a 45-day comment period that closes on 24 October 2026. Press reports say its advisers did not endorse a moratorium; no final report date is posted.

    oregon.gov
  4. LocalMorrow and Umatilla countiesSep 2026Pending
    Eastern Oregon cluster: counties resist state limits

    The two counties host more than 50 data centers. Morrow County's commission chair said siting on private land should be left to counties, and Amazon is proceeding with another Boardman-area project that had an air permit out for comment in September 2026.

    opb.org
  5. RegulatorPacific PowerSep 2026Pending
    Pacific Power POWER Act tariff (UE 463)

    Pacific Power has had a large-load tariff since its 2024 rate case. In mid-September 2026 it agreed a settlement with PUC staff, the Citizens' Utility Board and environmental and community groups under which new data centers pay for all new generation and storage built to serve them, grid upgrades, wires and poles, market energy purchases, and a demand-based share of transmission; existing data center customers are to be addressed in spring 2027. The PUC is expected to decide on 13 November 2026 and the Data Center Coalition is expected to appeal.

    oregoncapitalchronicle.com
  6. RegulatorAug 2026In force
    PUC report: data center rates up 29%, other classes down

    The PUC's 2026 POWER Act report to the legislature says the PGE decision produces an average 29% increase for data centers and average decreases of 1.3% for residential, 2.1% for commercial and 1.4% for industrial customers. Idaho Power is covered by the Act but has no qualifying data centers in Oregon.

    oregon.gov
  7. State lawAug 2026Proposed
    Proposed three-year moratorium on new large data centers

    Four Democratic legislators said in August 2026 they will introduce a three-year moratorium on new data centers in the 2027 session. No bill text or size threshold has been published.

    ijpr.org
  8. LocalSalem and Hood RiverAug 2026Pending
    Salem and Hood River move against data centers

    Salem's council voted unanimously on 3 August 2026 to move toward a data center moratorium after a $5 billion, 32-acre Verrus proposal, which had already filed plans and is not blocked by it. Hood River's council imposed a moratorium on data center construction through at least the end of 2026, prompted by an Amazon distribution center proposal in the orchard area south of town.

    oregoncapitalchronicle.com
  9. LocalHillsboroJul 2026In force
    Hillsboro 120-day moratorium on new data center approvals

    The city council adopted a 120-day moratorium at a special meeting on 27 July 2026. It covers applications for new and expanded data centers and battery energy storage facilities and ends on 24 November 2026; the council could extend it for six more months. Code amendments were scheduled for a second council reading on 6 October 2026; the outcome was not confirmed. Residents are also suing Washington County and Hillsboro over data center tax breaks.

    hillsboro-oregon.gov
  10. RegulatorPortland General ElectricJun 2026In force
    PGE Schedule 96 large-load tariff (UM 2377, Orders 26-154 and 26-239)

    Approved 7 May 2026 and effective 10 June 2026 for loads over 20 MW; final rate schedules approved 10 July 2026. Contracts run 10 years rising to 30 years at 220 MW or more, generation and transmission are billed at no less than 90% of contracted capacity, customers pay 100% of distribution upgrades, and loads of 100 MW or more pay a 1 cent per kWh surcharge that funds residential bill relief.

    utilitydive.com
  11. State lawJun 2026In force
    HB 4084: enterprise zone tax break closed to new data centers

    Effective 5 June 2026. New data centers cannot get the standard enterprise zone property tax exemption until 90 days after the 2027 session adjourns; projects already approved keep their breaks and the Strategic Investment Program is unaffected.

    dwt.com
  12. State lawJun 2025In force
    POWER Act (HB 3546)

    Enacted in 2025. Requires a separate rate class for facilities of 20 MW or more served by investor-owned utilities, with costs directly assigned and contracts of at least 10 years, so that their costs are not spread to other customers.

    oregon.gov

Pennsylvania

Light ↑ TighteningGovernor's order puts local approval first; tax exemption survives, legislature deadlocked13 items
5in force
6pending
0local pauses
intact, with conditionstax break
2.8combined index (5 most)
10.5cper kWh, industrial
4 November 2026reviewed
Regulation2.4 / 5
  1. Grid connection2

    The PUC model tariff (final order May 13, 2026) describes deposits and six-month studies but is guidance only, so utilities still set their own study terms.

  2. Power rates2

    The PUC's May 13, 2026 model large-load tariff has no binding terms, and the July 2026 budget only added PJM forecast oversight.

  3. Siting and land use3

    Executive Order 2026-05 (August 18, 2026) holds DEP permits for 25 MW projects until local zoning approval, a statewide sequencing rule short of a ban.

  4. Tax treatment2

    The sales tax exemption survived the July 2026 budget intact; the May 27, 2026 GRID standards add conditions only for streamlined permitting.

  5. Permits and water3

    The July 2026 budget mandates energy and water reporting above 10 MW and Executive Order 2026-05 bars state agencies from project NDAs.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Pennsylvania moved from recruiting data centers to conditioning them during 2026. Executive Order 2026-05 (18 August 2026) took data centers above 25 MW out of the permit fast-track program and holds state environmental permits until local zoning approvals are in hand. The July 2026 budget added only an energy and water reporting duty for facilities above 10 MW and left the sales tax exemption on data center equipment in place, even though the House voted 197-5 to repeal it. The Public Utility Commission's model large-load tariff (50 MW, or 100 MW in aggregate) is guidance for utilities, not a binding rule, and on 15 October 2026 the governor moved to intervene in the Consumer Advocate's complaint against PPL Electric's large-load tariff, the first contested test of how that guidance applies to an actual filing.

Outlook

Governor Shapiro (D) won a second term on 3 November 2026 with about 60% of the vote, and Democrats flipped the state Senate and expanded their House majority in unofficial results, so from the 5 January 2027 swearing-in one party holds the governorship and both chambers. Shapiro says data centers should pay for every penny of electricity they need and should not get a tax break while raising neighbors' bills, so the House-passed bills on a local 180-day pause (HB 2496), conditional exemption under the GRID standards (HB 2650) and exemption repeal (HB 2198), which die when the 2025-26 session ends on 30 November 2026, can be refiled and passed by both chambers in 2027. The Senate's optional 18-month local moratorium (SB 1345) and the statewide three-year moratorium (SB 1359) also lapse on 30 November 2026 and would need new sponsors. Executive Order 2026-05 stays in force, with annual energy and water reporting starting 1 July 2027, and the PPL large-load tariff complaint at the PUC, where the governor intervened and a prehearing conference was set for 3 November 2026, is the live venue for the order's curtailment-first and PJM backstop cost asks.

After the 3 November 2026 election
  • Governor Josh Shapiro (D). Shapiro says data centers "should pay for every penny of electricity that they need", that "no one's utility bill should go up because these wealthy companies don't pay their fair share", and that they "shouldn't get a tax break for gouging our communities"; his Executive Order 2026-05 holds state permits until local approvals are in hand. whyy.org
  • Legislature Democratic both chambers, control changed. AP projects Democrats flipped the Senate (about 26-24 from 27-23 Republican) and expanded their House majority to at least 111 of 203 seats, the first Democratic trifecta in more than 30 years, with the new session sworn in on 5 January 2027; results are unofficial and some races were uncalled on election night. cbsnews.com
  • Commission Public Utility Commission members are appointed by the governor and confirmed by the Senate; no seat was on the ballot.

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: PJMReviewed 4 November 2026Research confidence: Medium

Pennsylvania: full entry, every item and its source →

  1. State lawOct 2026Proposed
    SB 1359: statewide three-year moratorium (proposed)

    SB 1359 would halt new hyperscale data center development statewide for three years so local officials can assess risks and enact protections. Sen. Rosemary Brown's attempt to substitute it for SB 1345 failed 9-2 in the Senate Local Government Committee on 30 June 2026. Advocates rallied for it at the Capitol on 6 October 2026; no vote is scheduled. Lawmakers have introduced at least 80 data center bills this session and few have become law. The governor's office counts at least 100 proposed projects statewide.

    newsfromthestates.com
  2. RegulatorPPL Electric UtilitiesOct 2026Pending
    Governor intervenes in Consumer Advocate complaint against PPL large-load tariff

    On 15 October 2026 Governor Shapiro moved to intervene in the Office of Consumer Advocate's complaint at the PUC against PPL Electric's large-load tariff, arguing it does not adequately protect existing customers from data center costs. A prehearing conference is set for 3 November 2026. This is the first contested test of how the PUC's model tariff guidance applies to a utility's actual filing.

    aidatacenterinsights.substack.com
  3. LocalArchbald (Lackawanna County)Oct 2026Failed
    Archbald rejects zoning for 14-building Wildcat Ridge campus

    On 21 October 2026 Archbald's borough council unanimously rejected a zoning request for the 14-building Wildcat Ridge Data Center Campus, according to WVIA as relayed by AI Data Center Insights; the borough had posted no written decision as of 22 October. Reported secondhand; confirm against WVIA or borough minutes.

    aidatacenterinsights.substack.com
  4. ExecutiveAug 2026In force
    Executive Order 2026-05, Protecting Pennsylvania Consumers from Data Center Impacts

    Signed 18 August 2026 for data centers above 25 MW. DEP will not issue permits until local zoning and land development approvals are in place, data centers are removed from the PA Permit Fast Track program, state agencies may not sign project NDAs, and operators must report energy and water use annually from 1 July 2027. Developers who sign a consent order adopting the GRID standards get rolling permit review. The order also presses the PUC for curtailment-first rules and for assigning PJM backstop costs to data centers.

    klgates.com
  5. State lawJul 2026In force
    2026-27 budget: energy and water reporting for data centers

    The $50.8 billion budget deal enacted one data center measure: facilities using more than 10 MW must disclose energy and water use. The sales tax exemption, projected to cost about $2 billion by mid-2031, was left unchanged.

    spotlightpa.org
  6. State lawJul 2026In force
    Budget code changes: PJM forecast oversight and transmission technology test

    The budget's code bill also gives state regulators more oversight of PJM load forecasts, which may be inflated by speculative data center requests, and requires utilities to show the PUC they considered advanced transmission technologies before building new lines.

    alleghenyfront.org
  7. State lawJul 2026Pending
    HB 1834: utility cost rules for data centers

    Rep. Rob Matzie's bill would make data centers pay for distribution infrastructure and early termination fees, bar utilities from passing data center costs to other ratepayers and require about a third of supply from clean sources. As of July 2026 it had not reached the governor.

    spotlightpa.org
  8. State lawJul 2026Pending
    SB 1345: optional 18-month local moratorium

    Sen. Jarrett Coleman's bill would let municipalities pause new and unapproved applications for data centers of 25 MW or more of critical IT load for 18 months, by resolution. The Senate Local Government Committee advanced it 10-1 on 30 June 2026 after rejecting, 9-2, an amendment to replace it with a statewide halt, and it cleared the Senate Rules Committee 13-4 in July 2026. It got no floor vote before the budget passed and none had been reported as of 6 October 2026. House companion: HB 2533.

    fox56.com
  9. State lawJun 2026Pending
    HB 2496 (local 180-day pause) and HB 2650 (GRID standards) pass House

    On 24 June 2026 the House passed HB 2496 (201-1), letting municipalities pause data center applications for 180 days while they rewrite ordinances, and HB 2650 (134-68), making the sales tax exemption conditional on state certification: 32 percent in-state clean energy by 2035, $250 million investment, 200 prevailing-wage construction jobs. The Senate Local Government Committee approved HB 2496 on 30 June 2026, but neither bill got a Senate floor vote.

    fox56.com
  10. State lawJun 2026Pending
    HB 2198: repeal of data center sales tax exemption

    The House voted 197-5 on 25 June 2026 to repeal the 6 percent sales and use tax exemption on data center computer equipment, projected to cost $517 million a year by 2030. The repeal was not in the final budget and the exemption remains.

    penncapital-star.com
  11. ExecutiveMay 2026In force
    Governor's Responsible Infrastructure Development (GRID) standards

    Released 27 May 2026. To receive state tax benefits and streamlined permitting, developers commit to cover their own energy costs without raising other ratepayers' bills, run community outreach, invest at least $250 million with community benefit agreements, and file a water and energy sustainability plan.

    babstcalland.com
  12. RegulatorMay 2026In force
    PUC model large-load tariff, Docket M-2025-3054271

    Adopted 30 April 2026, final order released 13 May 2026. Applies to customers above 50 MW, or 100 MW in aggregate, with no reduction for behind-the-meter generation. Covers deposits and collateral, contributions for upgrades, load ramps, minimum contract terms, exit provisions, public queue information and six-month interconnection studies. It is guidance for utility tariff filings, not a binding rule.

    puc.pa.gov
  13. LocalMontour CountyFeb 2026Failed
    Talen Energy rezoning denied

    On 10 February 2026 the three county commissioners unanimously refused to rezone more than 800 acres from agricultural to industrial for a data center and an expansion of Talen's power plant. Talen said it would revise its plans.

    penncapital-star.com

Rhode Island

Light → SteadyNo state rules; 2026 incentive and cost bills stalled; three towns adopt bans or pauses7 items
3in force
0pending
3local pauses
narrowedtax break
2.2combined index (5 most)
19.9cper kWh, industrial
27 October 2026reviewed
Regulation1.8 / 5 · no rules
  1. Grid connection1

    No large-load tariff, study rule or self-supply rule was found; both 2026 bills were incentive bills that died by June 11, 2026.

  2. Power rates1

    No large-load tariff or cost rule exists; nothing is in force.

  3. Siting and land use3

    Smithfield (May 2026) and Charlestown (August 2026) bar data centers outright and Westerly has a one-year moratorium (July 2026); no state siting rule.

  4. Tax treatment3

    No incentive exists and S2346 to create one died June 11, 2026, so this scores 3: nothing to lose, nothing to gain.

  5. Permits and water1

    No water, air or disclosure rule exists.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Rhode Island has almost no data center pipeline and no state law aimed at the sector. In the 2026 session lawmakers considered bills to create property, sales and use tax exemptions for qualified data centers (S2346 and H7695), bills to make data centers of 50 MW or more pay their own grid costs and report water use (S2776 and H7331), and bills for a separate 20 MW large-load rate class (S2427 and H7270). All were held for further study and died when the session ended on June 11, 2026. No state large-load tariff, moratorium or self-supply rule exists. At the local level Smithfield (May 2026) and Charlestown (August 2026) amended zoning to bar data centers and Westerly adopted a one-year moratorium in July 2026.

Outlook

The 2027 session opens in January 2027 and the incentive, cost-allocation and large-load tariff bills could all return; none had been refiled as of October 27, 2026. Westerly's one-year moratorium runs to about July 2027, and Hopkinton's council had a data center moratorium on its September 2, 2026 agenda. Rhode Island Energy has said data center costs would be reviewed separately from its base rate case. Nothing else is scheduled that was found.

Grid: ISO-NEReviewed 27 October 2026Research confidence: Low

Rhode Island: full entry, every item and its source →

  1. LocalCharlestownAug 2026In force
    Charlestown bans data centers and battery storage

    The Town Council unanimously approved an ordinance on August 11, 2026 that bars data centers townwide and also bars battery energy storage projects, the second municipal data center ban in the state.

    ecori.org
  2. LocalWesterlyJul 2026In force
    Westerly one-year moratorium on data centers

    The Town Council voted 7-0 on July 27, 2026 for a one-year moratorium on development or construction of data centers while the Planning and Zoning Commission drafts rules on where, if anywhere, they would be allowed.

    thewesterlysun.com
  3. State lawJun 2026Failed
    S2346, data center tax exemptions

    Would have given property, tangible, sales and use tax exemptions for 30 years to data centers investing at least $200 million in an enterprise zone or $400 million elsewhere. Introduced January 30, 2026, held for further study March 10, and dead as of June 11, 2026.

    billtrack50.com
  4. State lawJun 2026Failed
    H7695, House companion on data center tax exemptions

    Heard in House Finance on May 7, 2026, with the Data Center Coalition submitting a May 5 letter in support. Held for further study and died when the session ended on June 11, 2026.

    rilegislature.gov
  5. State lawJun 2026Failed
    H7331 and S2776, data centers of 50 MW or more pay own grid costs

    Introduced January 28, 2026 (H7331, Rep. Kennedy) and March 4, 2026 (S2776, Sen. DiPalma). Data centers with demand of 50 MW or more would have paid the generation, transmission and distribution costs they cause, with no recovery from other customers, and reported water use annually to DEM with financial assurance for site restoration. Both were held for further study and did not become law in 2026.

    upriseri.com
  6. State lawJun 2026Failed
    S2427 and H7270, separate rate class for 20 MW large energy users

    Would have defined a 20 MW large energy use facility and required the PUC to set a separate service class, tariff, cost allocation and contracts of at least 10 years. Held by Senate Commerce on March 10 and House Corporations on April 7, 2026, and died in committee.

    servercountry.org
  7. LocalSmithfieldMay 2026In force
    Smithfield zoning amendment bars data centers in all districts

    The Town Council voted 4-1 on May 5, 2026 to define data centers and make them not permitted in any zoning district, effective 30 days later. Hanton City Investments filed an application for a complex including a data center on May 4, one day before the vote, and a dispute over whether that application is reviewed under the earlier rules is pending.

    oceanstatemedia.org

South Carolina

Light ↑ TighteningNo state law yet; county moratoria spread and regulators study large loads22 items
15in force
4pending
7local pauses
intacttax break
2.7combined index (5 most)
7.9cper kWh, industrial
23 October 2026reviewed
Regulation2.2 / 5
  1. Grid connection3

    Duke and Dominion told senators in March 2026 that large loads pay for studies and post deposits up to $130 million; the PSC freed on-site power August 2026.

  2. Power rates3

    Santee Cooper's 50 MW rate (April 25, 2025) requires a 15-year contract, and Duke and Dominion contracts of about 15 years carry exit penalties and deposits.

  3. Siting and land use3

    Eight county moratoria adopted July to September 2026, including Spartanburg's on September 21, 2026, cover the Upstate but not Columbia or Charleston.

  4. Tax treatment1

    The sales tax exemption on equipment and electricity is intact; the Senate rejected a one-year suspension in April 2026.

  5. Permits and water1

    No statewide water, air or disclosure rule is in force; the Energy Security Act dropped water disclosure before passage in June 2025.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

South Carolina kept its data center sales tax exemptions through 2026 and the legislature ended its two-year session without passing a siting and cost bill. The action moved to counties: Spartanburg, Laurens, Anderson, Chester, Colleton, Chesterfield, Newberry and Greenwood adopted moratoria between July and September 2026, and Colleton has since replaced part of its pause with an overlay district that sets rules for large campuses and settled a lawsuit in October 2026 by creating a Data Center Exclusion Area over most of the ACE Basin. The Public Service Commission opened a generic docket on loads of 50 MW or more and ruled in August 2026 that a Spartanburg data center generating its own gas power is not covered by the power plant siting law. Santee Cooper has had a 50 MW large-load rate since April 2025, while Duke and Dominion still rely on individual contracts.

Outlook

A new two-year legislative session opens in January 2027 so the Data Center Development Act would have to be refiled; senators said they ran out of time in 2026. The generic large-load docket (2026-138-E) is taking comments on minimum contracts, collateral and flexible connection. The Valara project in Spartanburg County faces two live challenges after a judge dismissed the citizens' zoning suit on 6 October 2026: SELC's early October request that the PSC reconsider its siting ruling, on which the commission had 30 days to decide, and a 16 October contested case at the Administrative Law Court against the project's air permit. Orangeburg County's one-year moratorium had passed first reading in July and its final adoption is unconfirmed. The six-month county pauses in Chester and Anderson expire around early 2027, the one-year pauses in Laurens, Spartanburg and Greenwood run to mid or late 2027, and Colleton's overlay shows how counties may swap moratoria for permanent siting rules.

Grid: Southeast utilitiesReviewed 23 October 2026Research confidence: Medium

South Carolina: full entry, every item and its source →

  1. CourtSpartanburg CountyOct 2026In force
    Judge dismisses citizens' zoning suit against Valara data center

    On 6 October 2026 Judge J. Derham Cole Jr. dismissed Concerned Citizens of Spartanburg County's suit arguing the county should have reviewed the $2.8 billion Valara project as a major development. He found the plaintiffs had not shown special damage and should first have appealed to the Board of Zoning Appeals; the ruling also ends their request to pause construction. A second Valara permit application for four buildings, a power yard and cooling systems is still pending at the county.

    wrdw.com
  2. LocalColleton CountyOct 2026In force
    Settlement creates ACE Basin Data Center Exclusion Area

    SELC's suit against Colleton County over the rezoning that allowed data centers near the ACE Basin settled in October 2026. The agreement creates a Data Center Exclusion Area covering most of the basin in the county, including the roughly 850-acre Ashepoo River headwaters parcel where Eagle Rock Partners proposed a $6 billion complex in December 2025. Eagle Rock would have to reapply for a special exception and had not done so.

    selc.org
  3. RegulatorSpartanburg CountyOct 2026Pending
    SELC asks PSC to reconsider Valara siting ruling

    On behalf of Concerned Citizens of Spartanburg County and the Southern Alliance for Clean Energy, SELC asked the Public Service Commission in early October 2026 to reconsider its August finding that it lacks jurisdiction over Valara's 450 MW-plus private gas plant under the Utility Facility Siting and Environmental Protection Act, which otherwise covers plants above 75 MW. The commission had 30 days to decide.

    sclawyersweekly.com
  4. CourtSpartanburg CountyOct 2026Pending
    DES issues Valara air permit; SELC files contested case

    The Department of Environmental Services issued an air permit for the gas turbines at the Valara data center. On 16 October 2026 SELC filed a request for a contested case hearing at the Administrative Law Court for Concerned Citizens of Spartanburg County and the Southern Alliance for Clean Energy, arguing the public was not given notice and comment on new data used for the final permit and that formaldehyde emissions were underestimated. It asks that the permit be remanded and turbine construction halted.

    selc.org
  5. LocalSpartanburg CountySep 2026In force
    Spartanburg County one-year moratorium on data centers above 65 MW

    Council voted 5-1 on 21 September 2026. The pause covers facilities larger than 65 MW; smaller ones may proceed only in industrial parks or former industrial sites and may not generate their own power except for backup. The approved Valara project is not affected.

    live5news.com
  6. LocalLaurens CountySep 2026In force
    Laurens County one-year moratorium

    Council voted 6-0 on third and final reading on 14 September 2026 to pause data centers for one year in unincorporated areas while it writes rules. The cities of Laurens and Clinton keep their own control. Anderson County council has also given final reading to a six-month moratorium.

    foxcarolina.com
  7. LocalColleton CountySep 2026In force
    Colleton County creates data center overlay district and partly lifts moratorium

    Council unanimously approved a Digital Infrastructure Overlay District on 14 September 2026. It requires at least 300 acres, 200-foot buffers, a 65-decibel noise cap and closed-loop or air cooling. The July moratorium no longer applies west of Interstate 95 or to land already zoned Light Industrial, Industrial or Heavy Industrial as of the ordinance's effective date.

    live5news.com
  8. RegulatorSpartanburg CountyAug 2026In force
    PSC rules Utility Siting Act does not apply to Valara's on-site gas plant

    On 27 August 2026 the Public Service Commission ruled unanimously, with one recusal, that the Valara computing center, which seeks about 450 MW of on-site gas generation, is not subject to power plant siting rules because it will not export power to the grid. A separate lawsuit filed on 6 July 2026 in Spartanburg County challenges the county's treatment of the project as a minor development.

    newsfromthestates.com
  9. LocalAnderson CountyAug 2026In force
    Anderson County six-month moratorium

    County Council passed third and final reading of a six-month data center moratorium in the week of 18 August 2026, citing the lack of a regulatory framework or zoning structure for the industry and the need for an independent study.

    foxcarolina.com
  10. LocalColleton CountyJul 2026In force
    Colleton County six-month moratorium

    Council unanimously approved a six-month pause on data center land-use approvals in early July 2026 while it reviewed zoning. A lawsuit over the rezoning for a campus of more than 850 acres near the ACE Basin was put on hold for the period. In September 2026 the county partly repealed the pause when it adopted a data center overlay district; it still applies outside the overlay area.

    live5news.com
  11. LocalChesterfield, Newberry and Greenwood countiesJul 2026In force
    Other county moratoria

    Chesterfield and Newberry counties enacted data center moratoria by early July 2026, Newberry after voting down a sale of county industrial park land to a developer. Greenwood County Council then approved a one-year moratorium on third and final reading by a 4-3 vote on 21 July 2026.

    foxcarolina.com
  12. LocalChester CountyJul 2026In force
    Chester County six-month moratorium

    Chester County Council unanimously approved a six-month countywide pause on accepting, processing and approving data center applications on 20 July 2026, and directed staff to prepare data center development standards.

    wbtv.com
  13. LocalGreenwood CountyJul 2026In force
    Greenwood County one-year moratorium

    County Council approved a one-year moratorium on new data center approvals on third and final reading by a 4-3 vote on 21 July 2026, after 24 residents signed up to speak. Council members said three companies had approached the county with offers of $30 million to $40 million a year.

    foxcarolina.com
  14. LocalOrangeburg CountyJul 2026Pending
    Orangeburg County one-year moratorium advances

    County Council unanimously passed first reading of a one-year moratorium on new data center rezonings and approvals at a special meeting on 23 July 2026 after learning of a proposed site near downtown Orangeburg. Second reading was on the 3 August 2026 agenda; final adoption was not confirmed in the sources checked.

    wrdw.com
  15. RegulatorDominion Energy South CarolinaJun 2026In force
    Dominion rate case settlement adds Dominion to the large-load docket

    A settlement filed on 8 May 2026 cut Dominion's requested revenue increase from $322 million to $207 million and committed the utility to join the generic docket on loads of 50 MW or more. The Public Service Commission voted to approve the settlement on 11 June 2026, with a written order to follow.

    aarp.org
  16. RegulatorDuke Energy Carolinas, Duke Energy Progress, Dominion Energy South CarolinaJun 2026Pending
    PSC generic large-load docket (2026-138-E)

    Opened on a Duke petition required by its 2025 rate case settlements, with a schedule set by Order 2026-362 on 17 June 2026. It takes comments on new loads of 50 MW or more: minimum contract terms, collateral, exit fees, interconnection costs, flexible connection and clean transition tariffs.

    psc.sc.gov
  17. State lawApr 2026Failed
    Data Center Development Act (S. 867)

    Would have created a state siting permit with tiers at 10 and 50 MW, PSC-approved cost allocation and financial assurance, water and noise limits, and an express right to self-generate. It was reported favorably by a Senate committee on 28 April 2026 but got no floor vote before the session ended.

    scstatehouse.gov
  18. State lawApr 2026Failed
    Sales tax exemption kept; one-year suspension rejected

    The Senate rejected a budget amendment in April 2026 to suspend the data center sales tax exemption for one year. The exemption covers computer equipment and electricity and cost the state $828,000 in the year to June 2025.

    scdailygazette.com
  19. UtilityDuke Energy, Dominion Energy South CarolinaMar 2026In force
    Utilities serve large loads by individual contract

    Utilities told senators in March 2026 that large users pay for studies, sign contracts of about 15 years with exit penalties and post deposits ($20 million to $130 million at Duke). Dominion had nine speculative data center proposals in its pipeline and Duke said its Carolinas backlog fell from more than 100 to fewer than five.

    scdailygazette.com
  20. State lawMar 2026Failed
    House bill H. 5286 to halt data center approvals until 2028

    Filed in March 2026 to bar state and local final approvals, permits and incentives for data centers until 2028. It was referred to House Ways and Means and no further action was found before the session ended.

    wrdw.com
  21. State lawJun 2025In force
    Energy Security Act (H. 3309)

    Signed in 2025 with a ceremonial signing on 18 June. It sets a six-month deadline for state energy permit decisions through 2035, allows negotiated rates for large employers and authorizes the Santee Cooper and Dominion gas plant at Canadys. Provisions making data centers pay for new plants and disclose water use were dropped before passage.

    governor.sc.gov
  22. UtilitySantee CooperApr 2025In force
    Santee Cooper large-load rate

    Approved by the board on 25 April 2025 and effective immediately. Customers of 50 MW or more sign a 15-year contract, ramp to full contracted use within three years and can be charged more in high-demand periods. The rate is experimental for four years.

    datacenterdynamics.com

South Dakota

Moderate → SteadyNo tax break: lawmakers rejected incentives, passed ratepayer rules8 items
3in force
3pending
1local pause
narrowedtax break
2.6combined index (5 most)
9.4cper kWh, industrial
23 October 2026reviewed
Regulation2.6 / 5
  1. Grid connection2

    HB 1038 (March 2026) lets the PUC bill customers above 10 MW for contract review and SB 135 (effective July 1, 2026) adds a water supply check before service.

  2. Power rates4

    SB 135 (effective July 1, 2026) makes electric providers set separate terms and recover costs attributable to 10 MW data centers, a cost-causation law.

  3. Siting and land use2

    Yankton County's six-month moratorium (July 21, 2026) is the only pause and sits outside the Sioux Falls market; Lincoln County rejected one.

  4. Tax treatment3

    South Dakota has no sales tax exemption and rejected creating one in February 2026, so this scores 3: nothing to lose, nothing to gain.

  5. Permits and water2

    SB 135 (effective July 1, 2026) has local water providers judge whether cooling use fits supply, a review rather than a reporting mandate or limit.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

South Dakota has no sales tax exemption for data centers and its 2026 legislature rejected proposals to create one, including a 50-year exemption. It instead passed two laws signed in March 2026: one makes utilities set separate terms for large data centers and recover their costs, requires a water supply check and protects local ordinances, and the other lets the Public Utilities Commission bill large customers for contract reviews. Statewide moratorium bills failed, leaving the question to counties: Yankton County passed a moratorium in July 2026 while Lincoln County had rejected one in February. After the incentive votes Applied Digital shelved its 430 MW Deuel County plan, while Gemini says its Sioux Falls campus is unchanged.

Outlook

A Public Utilities Commission seat is on the 3 November 2026 ballot, with Democrat Frank Kloucek proposing a one-year moratorium on AI data centers and Republican Don Haggar backing case-by-case review under the 2026 laws. Citizen groups asked Sioux Falls on 5 October 2026 to halt hyperscale permits until it adopts ordinances, aimed at the 500 MW Gemini project; the mayor prefers guard rails to a moratorium, the council has scheduled no vote, and the city and Lincoln County co-host a public meeting on 27 October 2026. Yankton County's six-month pause, adopted 21 July 2026, runs to about January 2027 unless extended. Incentive bills are likely to return in the 2027 session, and Applied Digital has said it may revisit its plan after the elections.

Grid: MISO, SPPReviewed 23 October 2026Research confidence: Medium

South Dakota: full entry, every item and its source →

  1. LocalSioux FallsOct 2026Proposed
    Groups ask Sioux Falls for a hyperscale data center permit pause

    On 5 October 2026 South Dakota for Data Center Transparency, Let Sioux Falls Vote and Dakota Rural Action asked the city to halt building permits for hyperscale data centers until it adopts ordinances, aiming at the 500 MW Gemini project now in permitting. Mayor Christine Erickson prefers 'guard rails' to a moratorium and the council has not scheduled a vote; the city and Lincoln County are co-hosting a public meeting on 27 October 2026.

    sdpb.org
  2. RegulatorSep 2026Proposed
    Public Utilities Commission election: moratorium proposed

    For the open commission seat on the 3 November 2026 ballot, Democrat Frank Kloucek proposes a one-year moratorium on new AI data centers; Republican Don Haggar opposes it and backs case-by-case review under the 2026 laws.

    southdakotasearchlight.com
  3. LocalYankton CountyJul 2026In force
    County data center moratorium

    County commissioners voted unanimously on 21 July 2026 for a six-month moratorium on permits for data centers and bitcoin mining facilities, extendable by six months if the planning and zoning board has not finished a data center ordinance. A 12-month version died for lack of a second.

    dakotanewsnow.com
  4. LocalDeuel County and Sioux FallsApr 2026Pending
    Applied Digital shelves Deuel County campus; Gemini continues

    After the incentive bills failed, Applied Digital said its $5 billion, 430 MW campus near Toronto no longer made sense and it would let its land agreement lapse. Gemini said its 500 MW-capable Sioux Falls project was unchanged but needs a tenant.

    southdakotasearchlight.com
  5. State lawMar 2026In force
    SB 135: cost, water and local control rules for large data centers

    Signed by Governor Rhoden, announced 24 March 2026, effective 1 July 2026. For data centers with peak demand of at least 10 MW, electric providers must set separate terms and recover the costs attributable to them, local water providers must judge whether cooling water use fits local supply, and the state may not preempt local data center ordinances. A proposed ban on state incentives was stripped before passage.

    keloland.com
  6. State lawMar 2026In force
    HB 1038: large customers pay for commission contract reviews

    Signed in March 2026. Lets the Public Utilities Commission charge new large utility customers above 10 MW for the cost of reviewing their contracts instead of spreading it across ratepayers.

    mwalliance.org
  7. State lawFeb 2026Failed
    Sales tax exemption, rebate and moratorium bills rejected

    In February 2026 lawmakers rejected a 50-year sales tax exemption for data center equipment and software, and later bills to exempt or rebate sales tax also died. Statewide moratorium proposals and bills on noise and setbacks were halted in committee.

    southdakotasearchlight.com
  8. LocalLincoln CountyFeb 2026Failed
    County commission rejects data center moratorium

    The Lincoln County Commission rejected a data center moratorium in February 2026 after residents pressed for one. The issue stayed live: a joint meeting of Lincoln County and Sioux Falls officials in late August 2026 was dominated by the data center debate.

    thedakotascout.com

Tennessee

Moderate ↑ TighteningTVA data center rates in force; Memphis joins the moratorium list16 items
11in force
4pending
4local pauses
narrowedtax break
2.6combined index (5 most)
6.9cper kWh, industrial
23 October 2026reviewed
Regulation3.2 / 5
  1. Grid connection3

    TVA requires a board vote above 100 MW (updated August 20, 2026) and interruption terms for early connection; SB 2128 (May 7, 2026) makes loads pay upgrades.

  2. Power rates4

    TVA's separate data center class with an upfront capacity charge took effect October 1, 2026; SB 2128 (May 7, 2026) bars ratepayer funding of their costs.

  3. Siting and land use4

    Nashville's July 21, 2026 size ban and moratorium, Memphis's October 20, 2026 pause and Knoxville's one-year moratorium cover three of four main markets.

  4. Tax treatment3

    No incentive item and no incentive action appears in the file, so this scores 3: nothing to lose, nothing to gain.

  5. Permits and water2

    Statewide disclosure and water permit bills died in April 2026; the only air action is the July 2, 2025 Shelby County permit for xAI, which was granted.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Tennessee's legislature has little power over TVA, so the rules come from three places. A May 2026 state law requires data centers of 50 MW or more to pay for the grid upgrades they cause, and lets them generate their own power or buy from independent producers without state or local review. TVA's board moved data centers into their own rate class from 1 October 2026 with an upfront capacity charge, and still votes on any load above 100 MW. Since June 2026 Nashville, Knox County, Knoxville and several smaller counties and towns have passed moratoria or strict zoning, driven partly by the xAI gas turbine dispute in Memphis, and on 20 October 2026 Memphis City Council narrowly approved a 135-day pause after rejecting an indefinite one.

Outlook

Memphis has 90 days under Mayor Paul Young's executive order to draft data center regulations and the council can extend its 135-day pause; Shelby County Commission debated a moratorium of up to 12 months and a conservation ordinance on 21 October 2026 without voting. Nashville's moratorium runs to December 2026 and survived a first federal challenge when a judge dismissed three of DC Blox's nine claims and denied an injunction in a ruling reported 7 October, with Metro's 5 October impact assessment recommending tighter permanent controls on no set timetable. Knox County's pause runs for a year from June 2026 and Knoxville's to about July 2027. The sponsor of the 2026 law says he will bring a water supply bill in the 2027 session, where the failed disclosure and permit bills are likely to return. TVA's board meets quarterly and decides each load above 100 MW, and the NAACP's Clean Air Act suit over xAI's Southaven turbines continues after a judge refused to dismiss it on 20 October.

Grid: PJM, TVAReviewed 23 October 2026Research confidence: Medium

Tennessee: full entry, every item and its source →

  1. UtilityTVAOct 2026In force
    Data center rate class and capacity commitment charge

    The TVA board approved a separate wholesale rate structure for data centers on 20 August 2026, effective 1 October 2026. New or expanding data center loads above 5 MW pay a capacity commitment charge, TVA expects bills to rise about 10% phased over three fiscal years, and sites that want to connect before generation is ready must accept interruption terms.

    unite.ai
  2. LocalMemphisOct 2026In force
    Memphis City Council adopts 135-day data center moratorium

    After postponing the vote on 6 October 2026 (7 to 5) amid protests, the council voted on 20 October 2026. It rejected an indefinite moratorium and narrowly approved a substitute 135-day pause on data centers, far shorter than the 18-month version first proposed; residents objected that it dropped the public hearing requirement. Mayor Paul Young's executive order gives the city 90 days to draft data center regulations and the council can extend the pause.

    actionnews5.com
  3. LocalShelby CountyOct 2026Proposed
    Shelby County Commission takes up data center ordinances

    On 21 October 2026, the day after the Memphis vote, the County Commission debated two ordinances: one from Commissioner Amber Huett-Garcia on water and electricity conservation and rules for existing data centers, and one from Commissioners Henri Brooks and Erika Sugarmon for a temporary moratorium of no more than 12 months. No vote was reported.

    actionnews5.com
  4. CourtNashville (Davidson County)Oct 2026Pending
    Federal judge trims DC Blox challenge to Nashville moratorium

    DC Blox sued Metro Nashville in August 2026 over the data center moratorium and the halt to permit processing for its site next to the Nashville Zoo. In a ruling reported 7 October 2026 a federal judge in Nashville dismissed three of nine claims, denied a preliminary injunction and gave DC Blox 21 days to amend; the moratorium stays in place.

    wsmv.com
  5. LocalNashville (Davidson County)Oct 2026Proposed
    Metro impact assessment recommends tighter data center controls

    A Metro government report released 5 October 2026 recommends pre-application meetings with NES and TVA, utility feasibility letters, permits tied to utility milestones with stage gates, a city-NES-TVA compliance working group, and legislation confirming that dedicated upgrades are customer-funded. It flags vibration, wastewater and clustering for further study; no council timetable was set.

    wsmv.com
  6. CourtSouthaven, Mississippi (xAI)Oct 2026Pending
    Judge keeps NAACP Clean Air Act suit against xAI alive

    On 20 October 2026 a federal judge in Greenville, Mississippi rejected the US Department of Justice's attempt to dismiss the NAACP's Clean Air Act suit over xAI's gas turbines at its Southaven plant, which serves the Memphis Colossus campus. The case continues.

    selc.org
  7. UtilityTVAAug 2026In force
    Board review of loads above 100 MW, policy updated

    At the same 20 August 2026 meeting the board updated its policy on new power requirements above 100 MW, which need a board vote. The board also adopted a 2026 resource plan that sees a need for 11 to 32 GW of new capacity by 2040.

    new.chattanoogan.com
  8. LocalNashville (Davidson County)Jul 2026In force
    First data center zoning rules and a moratorium (BL2026-1391)

    On 21 July 2026 the Metro Council banned data centers larger than 500,000 square feet, limited large ones to heavy industrial zones at least half a mile from homes, schools and parks, banned on-site gas generators and required closed-loop cooling. A separate moratorium pauses new data center construction until December 2026.

    wsmv.com
  9. LocalKnoxvilleJul 2026In force
    One-year emergency moratorium on data centers of 10 MW or more

    In early July 2026 the Knoxville City Council unanimously approved an emergency one-year moratorium on data centers needing 10 MW or more of power. It is expected to run to about 7 July 2027 unless the city adopts new zoning rules sooner, and follows Knox County's own moratorium.

    wvlt.tv
  10. LocalKnox County and Loudon CountyJun 2026In force
    One-year and six-month moratoria

    Knox County commissioners adopted a one-year moratorium on data centers in late June 2026. Loudon County followed with a six-month pause on county approvals for data centers expected to draw at least 50 MW within three years.

    hoodline.com
  11. LocalMcMinnville and Coffee CountyJun 2026In force
    Moratoria on data center permitting

    McMinnville unanimously passed an 18-month moratorium on data center permitting on 9 June 2026 and Coffee County passed its own moratorium the same day. Warren County scheduled a vote for 22 June.

    tennesseelookout.com
  12. State lawMay 2026In force
    SB 2128 / HB 1847: data centers pay for grid upgrades, may self-supply

    Signed 7 May 2026 and effective at once. Data centers needing at least 50 MW must pay for the infrastructure built to serve them, and utilities may not use ratepayer funds for costs that serve only a data center unless other customers also benefit. The law also lets data centers generate their own power or buy from independent producers in Tennessee without state or local oversight.

    local3news.com
  13. State lawApr 2026Failed
    Water permit, disclosure and large-load tariff bills fail

    Six other 2026 bills died in committee, including SB 2653 / HB 2392 (water and wastewater permits), SB 2112 / HB 2456 and SB 1682 / HB 2061 (registration and reporting of energy and water use) and SB 1999 / HB 2054 (large-load tariffs).

    tennesseelookout.com
  14. UtilityTVA (xAI, Memphis)Feb 2026In force
    xAI allowed to buy up to 300 MW

    In February 2026 the TVA board approved a deal letting xAI's Memphis-area operations buy up to 300 MW, double the 150 MW approved in 2024.

    tennesseelookout.com
  15. LocalShelby County Health Department (Memphis)Jul 2025In force
    xAI air permit for 15 gas turbines

    The health department approved a permit for 15 turbines at xAI's first Memphis site on 2 July 2025, after as many as 35 had run there without permits. An appeal by the NAACP and others was dismissed as moot by the local air board on 15 December 2025; in January 2026 the EPA said large temporary turbines need permits.

    selc.org
  16. UtilityTVA (xAI, Memphis)Nov 2024In force
    First board approval above 100 MW for xAI (150 MW)

    TVA requires a board vote for any industrial customer above 100 MW. In November 2024 the board approved 150 MW for xAI's South Memphis site after the city utility had raised supply from 8 MW to 50 MW.

    renewableenergyworld.com

Texas

Extensive ↑ TighteningGovernor has halted data center permits pending December 2026 audits20 items
15in force
4pending
0local pauses
intacttax break
5.0combined index (5 most)
7.2cper kWh, industrial
4 November 2026reviewed
Regulation3.2 / 5 · statewide pause
  1. Grid connection5

    The governor's August 3, 2026 audit order postponed ERCOT's Batch Zero, and SB 6 (June 20, 2025) already imposes fees, curtailment duties and per-MW security.

  2. Power rates3

    The PUCT's September 18, 2026 rule sets a $100,000 fee and $50,000 per MW security for 75 MW loads; no separate rate class or binding cost tariff exists.

  3. Siting and land use2

    San Marcos banned data centers in all zoning districts on June 16, 2026, but counties have been told they lack moratorium power and the main markets are open.

  4. Tax treatment1

    The 2013 sales tax exemption remains in force and uncapped; the July 27, 2026 Senate hearing produced pressure but no change.

  5. Permits and water5

    TCEQ has issued no data center permits since the September 21, 2026 order, confirmed on October 19, 2026, and the water survey is mandatory with penalties.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Texas has moved from the least regulated large-load market in the country to one of the most conditioned. Senate Bill 6 (2025) and the PUCT rules that implement it set a 75 MW regime of study fees, $50,000 per MW security, mandatory emergency curtailment and regulator review of co-location with existing plants. Since June 2026 the governor has ordered regulators to make data centers pay their full grid costs, audit every project in the ERCOT queue, enforce water reporting and, from 21 September 2026, stop issuing environmental permits to data centers statewide, including self-powered sites. On 24 September the attorney general opened an investigation into hundreds of data center developments that had not answered the state water survey. On 19 October TCEQ confirmed to the governor that the permit pause covers construction and infrastructure directly supporting data centers, suspended permits that watchdogs found had slipped through, and on 21 October took its online filing system offline to screen applications. The sales tax exemption is still in force but senators of both parties and the governor want it ended, and counties have been told they lack power to impose moratoria while San Marcos has banned data centers by zoning.

Outlook

Democrat Gina Hinojosa defeated Gov. Greg Abbott on 3 November 2026 (about 56 to 42 percent in unofficial returns, called by the Associated Press) and takes office in January 2027; she has said she would impose a moratorium on new data centers by executive order until the Legislature sets rules, bar non-disclosure agreements on water and energy use, let local officials reject projects and end the sales tax exemption. Democrats also won the lieutenant governor and attorney general races and, on early returns, a majority of the Texas House with seven seats uncalled, while Republicans keep the Senate 20 to 11, so a statutory moratorium or exemption repeal in the session that opens in January 2027 needs Senate votes, and the governor's executive orders and appointments to the PUCT and TCEQ are the levers she controls alone. Abbott's TCEQ permit halt stays in place through the transition with no stated end date, and the ERCOT and PUCT audit reports are still due on or before 10 December 2026 for the commission's 17 December meeting, after which Batch Zero studies and permitting may resume. The PUCT's curtailment and demand management rule remains targeted for November 2026 and its 5 October suit against the attorney general over survey locations is pending in Travis County. San Antonio's council approval requirement for every new data center, adopted 29 October 2026, stands.

After the 3 November 2026 election
  • Governor Gina Hinojosa (D), flipping the office. Hinojosa said in July 2026 she was calling on the governor to issue a moratorium on any new data centers by emergency executive order until the Legislature sets rules, and campaigned on empowering local officials to negotiate with developers or reject projects, barring non-disclosure agreements that conceal water and energy use, shielding consumers from data center-driven utility increases and ending the sales tax exemption. ginafortexas.com
  • Legislature Democratic House, Republican Senate (divided), control changed. Early returns reported by The Texan put Democrats at 90 House seats to 60 with seven races uncalled, the first Democratic House majority in two decades, while the Senate stays 20 R to 11 D with Democrat Vikki Goodwin elected lieutenant governor to preside over it. thetexan.news
  • Commission Democrat Jon Rosenthal led Republican Bo French by about 59 to 40 percent for the open Railroad Commission seat (oil and gas regulator, not the utility commission) and declared victory; MultiState records the seat as flipped, but the Texas Tribune reported the Associated Press had not called it on election night, so Republicans keep at least a 2 to 1 majority on the three-member body. texastribune.org
  • Lubbock, Taylor and San Angelo No Texas data center measure reached the 3 November ballot: Lubbock's citizen initiative was dropped after the council began a 90-day moratorium process, Taylor's was ruled unavailable under state zoning procedure, and a San Angelo recall tied to a council member's data center rezoning vote had no reported result. no measure on ballot. statecapitallobbyist.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: MISO, SPP, ERCOTReviewed 4 November 2026Research confidence: High

Texas: full entry, every item and its source →

  1. Grid operatorERCOTOct 2026In force
    ERCOT audit questionnaire for data centers (State and Community Impact RFI)

    ERCOT posted the user guide and attestation form on 14 September 2026 and the questions on 18 September. Developers of data centers of 25 MW or more must respond by 12 October 2026; the Water Development Board's first 30-day update to the governor is due about 14 October, and ERCOT and the PUCT expect to publish the audit report on or before 10 December 2026. As of 5 October the TCEQ permit halt had no stated end date and no limit by permit type.

    willkie.com
  2. ExecutiveOct 2026In force
    TCEQ confirms permit pause after watchdogs find permits still issued

    Public Citizen and FracTracker identified at least six stormwater construction permits for data center sites approved after the 21 September 2026 directive, plus three major source air permit notices including Nexus Data Centers in Hill County, which entered public comment. TCEQ's interim executive director told the governor on 19 October 2026 that the agency has paused permits for construction or infrastructure directly supporting data centers, TCEQ said the stormwater permits were suspended, and the governor's office said no permits had been approved. Residents reported construction continuing at the Hill County site.

    texastribune.org
  3. RegulatorOct 2026In force
    TCEQ takes its online permit filing system offline

    On 21 October 2026 TCEQ temporarily disabled STEERS, the electronic filing system through which many air and water permits are filed and some are approved automatically, so that staff can screen paper applications for data center links. It also suspended the data center permits the watchdog groups had flagged that week. No end date was given.

    texastribune.org
  4. LocalSan AntonioOct 2026In force
    San Antonio requires council approval for every new data center

    On 29 October 2026 the San Antonio City Council voted 9-2 to require a specific use authorization approved by council before any data center can be built, limiting data centers to commercial or industrial zones. Alternatives with 1,000-foot or 350-foot separation requirements each failed 6-5. Council also unanimously adopted review and setback rules for data centers near the UNESCO World Heritage missions.

    tpr.org
  5. CourtTravis CountyOct 2026Pending
    PUCT sues attorney general to withhold data center survey locations

    On 5 October 2026 the Public Utility Commission sued the attorney general's office in Travis County to overturn open records rulings requiring release of the county and regional water planning area of each facility that answered its 2025 data center and crypto-mining water and energy survey, which went to 377 facilities. The PUCT cites the Texas Homeland Security Act; the survey is separate from the mandatory Water Development Board survey.

    texastribune.org
  6. ExecutiveSep 2026In force
    Governor's halt on TCEQ permits for data centers

    A 21 September 2026 letter directs the Texas Commission on Environmental Quality to issue no permits sought by data center projects statewide, including off-grid and behind-the-meter sites and their dedicated power plants, until the ERCOT and water audits finish (expected mid-December 2026). TCEQ must report compliance by 19 October 2026; lawyers note the order's effect on standard permits and permits-by-rule is unclear and its legal basis is questioned.

    bracewell.com
  7. RegulatorERCOT utilitiesSep 2026Approved, not yet effective
    PUCT large load interconnection standards (16 TAC 25.194, Project 58481)

    Final rule issued 18 September 2026 for loads of 75 MW or more: a flat $100,000 fee plus size-tiered study charges, and security of $50,000 per MW of requested peak demand (under the final agreement, the greater of that or allocated transmission upgrade costs). Withdrawing after capacity is allocated forfeits 20% of the related security; the effective date was not stated in the source.

    whitecase.com
  8. ExecutiveSep 2026In force
    Mandatory water-use reporting for data centers

    On 14 September 2026 the governor directed the Texas Water Development Board to compel data centers to answer its water-use survey and to work with ERCOT on a joint audit. Failing to complete the survey is an offense and makes a facility ineligible for TCEQ water permits, amendments or renewals.

    bracewell.com
  9. RegulatorSep 2026Pending
    Large load demand management and curtailment rule (Project 58482)

    The PUCT is still writing the SB 6 rules on emergency curtailment of transmission-connected large loads and a voluntary demand management service. ERCOT's September 2026 status report lists the rulemaking as in progress with a November 2026 target.

    ercot.com
  10. ExecutiveSep 2026Pending
    Attorney general's investigation of data centers over water reporting

    On 24 September 2026 the attorney general announced an investigation into hundreds of data center developments that did not answer the Texas Water Development Board's water-use survey (responses for 2025 were due on 1 March 2026). The first phase covers non-compliant projects in 18 counties.

    willkie.com
  11. CourtSan Antonio areaSep 2026Pending
    Federal lawsuit over diesel generators at a San Antonio-area data center

    On 21 September 2026 environmental groups filed a federal lawsuit arguing that a data center near San Antonio is seeking approval for 405 MW of diesel generators through the lighter 'minor source' air permit process. The same day Public Citizen said it doubted TCEQ can lawfully pause permitting without action by the Legislature.

    san.com
  12. ExecutiveERCOTAug 2026In force
    Governor's audit of every data center in the ERCOT queue

    On 3 August 2026 the governor told the PUCT and ERCOT to audit all data centers in the interconnection queue for grid, water and consumer-cost effects. ERCOT postponed the next phase of Batch Zero and expects to finish the audit on or around 10 December 2026.

    whitecase.com
  13. RegulatorArmstrong CountyJul 2026In force
    Net metering with existing generators: Crusoe and Goodnight Wind (Docket 59220)

    On 24 July 2026 the PUCT approved a 260 MW data center co-locating with an existing 265.5 MW wind farm, on condition that it disconnects fully within 30 minutes of an ERCOT emergency instruction and stays out of paid demand response and ancillary services. Under SB 6, any new load of 75 MW or more that co-locates with a plant already on the grid needs an ERCOT study and PUCT approval.

    whitecase.com
  14. State lawJul 2026In force
    Data center sales tax exemption under repeal pressure

    The exemption (enacted 2013, widened 2015) remains in force, but the Senate Finance Committee held a hearing on 27 July 2026 at which members of both parties questioned whether its benefits were oversold and several senators indicated support for repeal. Foregone state revenue is estimated at about $3.3 billion, and the Comptroller testified that 6 of 20 recently audited data centers were not meeting their job requirements.

    hklaw.com
  15. Grid operatorERCOTJun 2026In force
    Batch Zero study for large loads (PGRR 145 / NPRR 1325)

    Approved by the PUCT on 18 June 2026. Qualifying loads of 75 MW or more are studied together and given a firm allocation that can be below their request, with more available only as a dispatchable controllable load; ERCOT was tracking more than 438,000 MW of large load requests, nearly 89% from data centers. Batch 1 applications are expected in summer 2027.

    ercot.com
  16. Grid operatorERCOTJun 2026In force
    Bring-your-own-generation pathway (Withdrawal-Limited Private Use Network)

    A campus with generation and load behind one grid connection can be studied with a fixed limit on grid withdrawals. If it exceeds the limit, the operator must cut back within one minute or ERCOT may limit or suspend the arrangement.

    willkie.com
  17. LocalSan MarcosJun 2026In force
    San Marcos bans data centers in every zoning district

    The city council voted 4-3 on 16 June 2026, on second reading of a development code ordinance, to prohibit data centers in all zoning districts. In February 2026 the council had voted 5-2 to deny a service agreement for the proposed Mayberry data center over water concerns.

    news4sanantonio.com
  18. ExecutiveJun 2026In force
    Governor's directive to PUCT and ERCOT on data center costs

    A 10 June 2026 letter directs the PUCT to make data centers pay in full for the electric infrastructure built to serve them, required a joint PUCT and ERCOT memo by 17 July 2026, and told the PUCT to begin action on residential transmission costs by 31 July 2026. The governor also pledged to work with the Legislature to phase out tax incentives and require water-efficient cooling, usage reporting, setbacks and noise limits.

    gov.texas.gov
  19. LocalHood CountyFeb 2026Failed
    Hood County rejects six-month data center moratorium

    Commissioners voted 3-2 on 10 February 2026 against a six-month pause on new industrial development, after Sen. Paul Bettencourt wrote to the attorney general arguing that Texas counties have no authority to impose development moratoria. The county has at least four proposed data centers, including Sailfish Development's Comanche Circle plan of up to 5 GW on about 2,600 acres near Tolar.

    texastribune.org
  20. State lawERCOTJun 2025In force
    Senate Bill 6 (large load law)

    Effective 20 June 2025. Sets a regime for loads of 75 MW or more in ERCOT: interconnection standards and fees, disclosure of duplicate requests and backup generation, emergency curtailment duties, and PUCT review of co-location with existing power plants. The PUCT has adopted the net metering rule (Project 58479).

    whitecase.com

Utah

Light ↑ TighteningStratos backlash is pushing a pro-development state toward oversight20 items
11in force
8pending
5local pauses
intacttax break
2.6combined index (5 most)
8.6cper kWh, industrial
27 October 2026reviewed
Regulation2.0 / 5
  1. Grid connection2

    SB 132 (2025) gives Rocky Mountain Power 90 days to assess 100 MW loads and makes grid-connected suppliers pay for studies and upgrades; own power is optional.

  2. Power rates1

    No large-load tariff, minimum bill or collateral rule was found; SB 132 only governs who may supply a 100 MW load.

  3. Siting and land use3

    Five 180-day county pauses (Box Elder, Iron, Cache, Grand) and Clearfield's moratorium are in force; Executive Order 2026-03 sets standards for new projects.

  4. Tax treatment1

    State tax breaks remain available; a post-performance break was approved for Creekstone in Millard County in June 2026 with no new conditions.

  5. Permits and water3

    HB 76 (2026 session) makes data centers using 75 acre-feet or more a year show their water source, a mandatory disclosure; energy reporting bills failed.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Utah's 2025 law (SB 132) lets loads of 100 MW or more contract with outside generators or build closed private systems if Rocky Mountain Power cannot serve them, the Public Service Commission's large-load rule R746-318 took effect at the start of 2026, and the state still offers data center tax breaks. In 2026 lawmakers passed a water disclosure bill (HB 76) and rejected energy reporting and non-disclosure agreement limits. The April 2026 approval of the Stratos campus in Box Elder County through the state's Military Installation Development Authority set off protests, lawsuits over a blocked referendum, a governor's executive order (EO 2026-03) and 180-day moratoria in Box Elder, Iron, Cache and Grand counties and Clearfield City. The Senate president, who chaired the authority, lost his June primary, as did two Box Elder commissioners.

Outlook

The 2027 general session opens in late January 2027. Expect bills to define large-scale data centers (bill file opened June 17, 2026), reform the development authority, widen water disclosure and possibly require closed-loop cooling or environmental studies. County pauses end on a rolling basis: Iron County about November 22, 2026, Box Elder about December 7, 2026, Cache about December 20, 2026 and Grand about January 3, 2027; Iron County's planning commission recommended replacement rules in early October and Box Elder expects a draft at its November 19 planning commission with a commission vote in December. The Public Service Commission expects to finish its review of the large-load rule and issue guidance on a flexible large-load tariff by the end of 2026. The Stratos water rights change application filed October 15, 2026 enters a protest period in November. The referendum case in 1st District Court was still waiting for a ruling on the motions to dismiss and for summary judgment as of October 27, 2026, with no date set.

Grid: The West outside CaliforniaReviewed 27 October 2026Research confidence: Medium

Utah: full entry, every item and its source →

  1. LocalIron CountyOct 2026Proposed
    Iron County proposed rules for data centers and power plants

    In early October 2026 the planning commission recommended an ordinance for data centers of 50 MW IT load or more and power plants of 50 MW or more, with a water cap of 50,000 gallons a day, closed-loop, dry or other efficient cooling, noise and outreach rules, and no non-disclosure agreements for county staff; smaller data centers could seek a conditional use permit. Public comment continued October 12 and the county commission had not voted as of October 9, 2026.

    kuer.org
  2. LocalBox Elder CountyOct 2026Pending
    Stratos water rights change application filed

    On October 15, 2026 O'Leary Digital Utah DC Sub I, LLC filed with the Utah Division of Water Rights to change irrigation water rights (Water Right 13-2) to supply the data center, describing 11 data center clusters, a 7.5 GW on-site gas generation fleet and closed-loop cooling with 90 percent recovery. The application is advertised for two weeks and then open to protests for 20 days.

    ksl.com
  3. LocalClearfieldSep 2026In force
    Clearfield City moratorium on new data center development

    The City Council voted unanimously on September 8, 2026 for a moratorium of up to 180 days on development activity to establish, convert buildings for or expand data centers while the city reviews its land use rules.

    standard.net
  4. CourtBox Elder CountySep 2026Pending
    Lawsuits over the blocked Stratos referendum

    The county attorney rejected the referendum applications on May 28, 2026, saying the county's resolutions were administrative. Residents sued in 1st District Court in early June to get a public vote, and a second suit alleges a civil rights violation. The county and O'Leary Digital have moved to dismiss, the residents' group BEAR has asked for summary judgment, and both sides want a decision without a trial. The case turns on whether the county's consent was a legislative act and on a 2022 law (SB232) that makes consent to the development authority 'irrevocable'. As of September 15, 2026 Judge Spencer Walsh had not ruled and no timeline was set; no ruling was found as of October 27, 2026.

    sltrib.com
  5. ExecutiveAug 2026Proposed
    Governor backs reform of the development authority and more oversight

    In August 2026 Governor Cox said the authority that approved Stratos needs 'major reform' and that he supports extending water disclosure to closed-loop systems and would accept a closed-loop cooling mandate for new projects.

    kuer.org
  6. LocalGrand CountyJul 2026In force
    Grand County 180-day pause on data center applications

    The County Commission unanimously approved a temporary land use regulation on July 7, 2026 pausing acceptance, processing and approval of applications for data centers, data center power plants and related digital infrastructure for 180 days, to about January 3, 2027, while it writes permanent standards.

    sltrib.com
  7. RegulatorJul 2026Pending
    PSC large-load rule R746-318 under review; flexible tariff guidance due

    The Public Service Commission's large-load rule (Utah Admin. Code R746-318, implementing Utah Code 54-26) took effect at the start of 2026 and large-load contracts are being filed under it. In Dockets 25-R318-01 and 24-035-43 (consolidated with a review of Rocky Mountain Power's line extension policy) the PSC took proposed amendments to June 16, 2026 and further comments after July 22, 2026, and said it expects to finish and issue guidance on a flexible large-load tariff by the end of 2026.

    pscdocs.utah.gov
  8. LocalBox Elder CountyJun 2026In force
    180-day moratorium on new data centers and their power plants

    Passed unanimously on June 10, 2026 for unincorporated land while the county writes zoning and development standards; it runs to about December 7, 2026. It does not touch Stratos, where the county handed land-use authority to the state authority for 50 years. As of October 9, 2026 no replacement ordinance had been adopted; a draft is expected at the November 19 planning commission meeting with a county commission vote likely in December.

    upr.org
  9. LocalMillard CountyJun 2026In force
    Joule and Creekstone campuses approved

    County commissioners approved project areas for two large campuses between Fillmore and Delta after eight public hearings, reported June 3, 2026; Creekstone was already under construction. Both plan to generate their own power, and the state approved a post-performance tax break for Creekstone. Opposition has been limited compared with Box Elder.

    kjzz.com
  10. LocalCache CountyJun 2026In force
    Cache County 180-day moratorium on data center applications

    The County Council voted 6-0 on June 23, 2026 to stop accepting or reviewing data center applications for unincorporated land for 180 days, effective immediately, to about December 20, 2026, while it writes permanent zoning rules. No applications were pending.

    upr.org
  11. State lawJun 2026Proposed
    Interim bill file to define 'large-scale data center'

    On June 17, 2026 the Economic Development and Workforce Services Interim Committee voted unanimously to open a bill file setting one definition of a large-scale data center in state code, since the code now defines large data centers differently in different places. Nothing can pass before the 2027 general session without a special session.

    kpcw.org
  12. LocalBox Elder CountyJun 2026Pending
    Stratos campus cut from 40,000 to 20,000 acres

    After a public letter from Senate President Stuart Adams, who chairs the development authority, asking for a 75 percent cut, backer Kevin O'Leary agreed, announced June 4, 2026, to reduce the project area from 40,000 to 20,000 acres and add commitments on open space, water protection for the Great Salt Lake, heat capture and independent environmental review. The October 2026 water rights application describes a roughly 10,000-acre campus with a 2,500-acre development footprint.

    idahocapitalsun.com
  13. ExecutiveMay 2026In force
    Executive Order 2026-03 on data center development standards

    Signed May 29, 2026. It directs state agencies to evaluate large data center projects against eight principles: protecting the Great Salt Lake and other water, air quality, rural economic growth, wildlife, utility ratepayers, energy capacity expansion consistent with those principles, 'pro-human' AI and meaningful public comment.

    swlaw.com
  14. LocalIron CountyMay 2026In force
    180-day pause on data center, power plant and solar applications

    Ordinance 2026-13, adopted May 26, 2026, bars acceptance and processing of new and incomplete applications for data centers, data center power plants and utility-scale solar for 180 days, to about November 22, 2026. Ordinance 2026-18 (August 10, 2026) exempted battery storage projects with conditional use permits issued before May 26.

    ironcountyut.gov
  15. RegulatorApr 2026In force
    PSC approves first large-load service contract settlement

    In Docket 26-035-05 the Public Service Commission on April 10, 2026 approved a settlement on Rocky Mountain Power's application for a large-load service contract between PacifiCorp and an unnamed large-load customer, and denied a motion for access to materials marked for regulator access only.

    psc.utah.gov
  16. LocalJuab CountyApr 2026In force
    Nebo North 750 MW campus permitted under SB 132 grid request

    The Juab County Planning Commission approved a conditional use permit on April 15, 2026 for Nebo North LLC's campus near Mona, up to 10 buildings of about 300,000 square feet on 361 acres, with up to 750 MW requested from Rocky Mountain Power under SB 132 and possible on-site gas generation. No site plan had been filed as of early September 2026.

    sltrib.com
  17. ExecutiveBox Elder CountyApr 2026Pending
    State development authority approval of Stratos

    The Military Installation Development Authority, which can bypass local land-use rules, approved the project in April 2026 and the county commission consented in May 2026, transferring land-use authority over the Stratos area to the authority for 50 years. As of June 4, 2026 the Senate president said no approvals or permits had been applied for and the project must go through full permitting and environmental review.

    upr.org
  18. State lawMar 2026In force
    HB 76: data center water policy

    Data Center Water Transparency Amendments, effective May 6, 2026. New large data centers (10,000 square feet or more, withdrawing 75 acre-feet a year or more, beginning operations on or after July 1, 2026) must notify the local water provider and report location, estimated withdrawal, discharge and reuse plans to the Division of Water Rights 90 to 360 days before construction, then report actual withdrawals annually by July 1. Land use authorities must notify the state before approving such a project. Fines of up to $100 a day for missing reports.

    le.utah.gov
  19. State lawMar 2026Failed
    HB 585 and SB 318 fail

    HB 585 would have required large data centers to report expected and annual energy use. SB 318 would have limited non-disclosure agreements between developers and government bodies. Both died in the 2026 session.

    breatheutah.org
  20. State lawMar 2025In force
    SB 132: large-load service options

    For loads of 100 MW or more, Rocky Mountain Power has 90 days to assess whether it can serve. If not, the customer may contract with other generators over the utility's wires or build a closed private system with no grid connection. Grid-connected suppliers register with the Public Service Commission and pay for studies, upgrades and transmission service.

    latitudemedia.com

Vermont

Light → SteadyGovernor vetoed 20 MW data center rules; override failed4 items
1in force
0pending
0local pauses
narrowedtax break
1.9combined index (5 most)
12.7cper kWh, industrial
23 October 2026reviewed
Regulation1.6 / 5 · no rules
  1. Grid connection1

    No large-load rule is in force; H.727's 10-year PUC-reviewed contract requirement was vetoed May 28, 2026 and the override failed.

  2. Power rates1

    No tariff or cost rule exists; H.727 was vetoed May 28, 2026.

  3. Siting and land use2

    Royalton's five-year moratorium, approved March 3, 2026, is advisory until written into the town plan and the town has no data centers.

  4. Tax treatment3

    No data center incentive was found and no action taken, so this scores 3: nothing to lose, nothing to gain.

  5. Permits and water1

    No water, air or disclosure rule exists.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Vermont has no large data centers and no data center incentive that was found. H.727 would have put any data center of 20 MW or more through full Act 250 land use review, required a 10-year utility contract reviewed by the Public Utility Commission, and required payments to cut energy costs for nearby residents. Governor Scott vetoed it on May 28, 2026 and the House override vote on May 29 fell short at 83 to 52, so the bill died with the biennium.

Outlook

Supporters are expected to bring the bill back in the 2027 session, but no pre-filed bill was confirmed, and S.205, the temporary moratorium on AI data centers above 100 MW, also died in Senate Finance without a vote. The outcome depends on the November 3, 2026 elections for governor and the Legislature. Royalton's five-year moratorium on AI and crypto data centers, approved by town meeting on March 3, 2026, remains advisory until the Planning Commission writes it into the town plan and the Selectboard approves.

Grid: ISO-NEReviewed 23 October 2026Research confidence: Medium

Vermont: full entry, every item and its source →

  1. State lawMay 2026Vetoed
    H.727 override attempt fails

    The House voted 83 to 52 on May 29, 2026 to override, short of two thirds, with all Republicans opposed. The governor's stated concern was the broader message the bill would send. The bill required Act 250 review, a 10-year utility contract and community energy payments for data centers of 20 MW or more.

    vermontbiz.com
  2. State lawMay 2026Vetoed
    H.727, sustainable data center development, vetoed

    Vetoed May 28, 2026 after passing the Senate 26 to 3 and the House on a near-unanimous voice vote. Environmental groups said it would have kept data center costs off residents' bills and protected water supplies.

    vnrc.org
  3. State lawMay 2026Failed
    S.205, temporary moratorium on AI data centers

    Introduced by Sen. Rebecca White and referred to Senate Finance on 6 January 2026, the bill would have paused construction of AI data centers (defined as more than 100 MW of new load) while the Public Utility Commission investigated. The committee took testimony but never voted, and the bill died when the biennium ended on 29 May 2026.

    legislature.vermont.gov
  4. LocalRoyaltonMar 2026Approved, not yet effective
    Royalton town meeting backs five-year moratorium on AI and crypto data centers

    On 3 March 2026 Royalton voters approved by show of hands a five-year moratorium on AI and crypto data centers. The vote directs the Planning Commission to write the policy into the town plan, which then needs Selectboard approval; the town has no data centers and none proposed, and the measure is advisory until written into the plan.

    vnews.com

Virginia

Moderate ↑ TighteningLoudoun pauses data center votes; state adds electricity tax and take-or-pay rate class21 items
14in force
6pending
3local pauses
intacttax break
3.0combined index (5 most)
10.0cper kWh, industrial
4 November 2026reviewed
Regulation3.2 / 5
  1. Grid connection3

    Dominion's GS-5 class (approved November 2025, effective January 1, 2027) requires upfront collateral and 14-year contracts; demand flexibility is voluntary.

  2. Power rates5

    GS-5 (effective January 1, 2027) sets 85 and 60 percent minimums with exit fees, HB 1393 (July 1, 2026) reopens allocation to 2033, plus a 1.1 cent kWh tax.

  3. Siting and land use4

    HB 153 (1 July 2026) is a statewide site assessment law; Loudoun paused legislative votes 15 Sept 2026 and Suffolk barred data centers in all districts.

  4. Tax treatment1

    The June 2026 budget kept the sales and use tax exemption intact through 2035 and dropped the Senate's 2027 phase-out.

  5. Permits and water3

    HB 496 (spring 2026) makes water users that supply data centers report volumes, a mandatory reporting rule without limits.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Virginia kept its data center sales and use tax exemption (scheduled through 2035) after a budget standoff in which the Senate tried to end it in 2027, but the 2026 to 2028 budget added a 1.1 cent per kWh tax on data center electricity, including self-supplied power. The State Corporation Commission created Dominion's GS-5 class for customers of 25 MW or more, with 14-year contracts and minimum demand payments, effective 1 January 2027, a 2026 law tells Dominion to propose shifting more capacity and distribution costs onto that class in rate cases from 2027, and in August 2026 the commission ordered Dominion to design a tariff directly assigning transmission costs to large loads. Governor Spanberger signed site assessment, water reporting and demand flexibility laws in 2026, reversing Governor Youngkin's 2025 veto of the site assessment bill, and on 13 August 2026 ruled out a statewide moratorium. Locally, the 2,100-acre Prince William Digital Gateway is dead after the courts voided its rezoning, Loudoun ended by-right approval in 2025 and on 15 September 2026 paused its votes on data center applications needing legislative approval for up to 12 months, and several other localities have paused applications.

Outlook

The 3 November 2026 election changed no office that decides data center policy in Virginia: Governor Spanberger (elected November 2025) remains in place and has ruled out a statewide moratorium, both chambers of the General Assembly (64-36 and 21-19 Democratic) were not on the ballot and are next elected in November 2027, and the Loudoun and Prince William boards serve to the end of 2027. The three statewide constitutional amendments that passed do not concern data centers. Loudoun's formal resolution on its pause is due 17 November 2026; the pause covers only board votes on legislative applications, by-right cases continue, and it runs until the county's standards review finishes in summer 2027. Suffolk barred data centers in every zoning district in October 2026 with no end date, with permanent rules due to its planning commission by early 2027, and Stafford County's Planning Commission hears the Kings Corridor rezonings on 18 November 2026 after staff recommended denying three of four. Sen. Russet Perry's SB 843, a three-year moratorium from 1 July 2027, and the carried-over bills on cost subsidies, backup generators and an approval moratorium go before the session starting in January 2027, where the work group on data center taxation is expected to report in November 2026 and legislators have said they will revisit the sales tax exemption. GS-5 takes effect 1 January 2027, Dominion and Appalachian Power must file demand flexibility programs by 15 January 2027, Dominion's 2027 rate case will take up cost allocation, the SCC's direct-assignment transmission tariff has no deadline yet, and the electricity consumption tax expires 30 June 2028 unless extended.

After the 3 November 2026 election
  • Governor No race in 2026.
  • Legislature Democratic both chambers. Neither chamber was on the 2026 ballot; the House of Delegates (64-36 D) was elected in November 2025 and the Senate (21-19 D) in 2023, with both next up in November 2027, and the only 2026 legislative contest was a House District 20 special election won by Democrat Sonia Vasquez Luna. en.wikipedia.org
  • Commission State Corporation Commission judges are elected by the General Assembly, not by voters; no seats were on the ballot.
  • Questions 1, 2 and 3 (constitutional amendments) (state, passed) The three statewide amendments on reproductive freedom, marriage and restoration of voting rights all passed (62.3, 57.3 and 56.4 percent yes); none concerns data centers, and Ballotpedia lists no data center ballot measure in Virginia in 2026. multistate.us
  • Loudoun, Prince William, Fauquier, Culpeper and other counties No county board seats in the data center counties were on the 3 November 2026 ballot: Loudoun and Prince William boards were elected in November 2023 for terms to 31 December 2027, Culpeper's contested seats were decided in November 2025, and Ballotpedia lists no Virginia local data center measure in 2026. no 2026 contest. en.wikipedia.org

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: PJM, TVAReviewed 4 November 2026Research confidence: High

Virginia: full entry, every item and its source →

  1. LocalLoudoun CountyOct 2026In force
    Pause on board votes for legislative data center applications

    On 15 September 2026 the Board of Supervisors voted 7-1-1 (Briskman proposing, Umstattd no, Kershner abstaining) to pause its final votes on data center and electrical substation applications that need legislative approval, effective immediately, for up to 12 months or until its Data Center Standards and Locations review finishes in summer 2027. The county attorney advised that a moratorium is not legal in Virginia, so administrative by-right cases (at least 17, more than 11 million square feet) continue, developers may keep filing and applications may move through the Planning Commission; a 7-1-1 vote added an exception for grid reliability substations. The formal resolution was deferred from the 20 October meeting to 17 November 2026.

    loudoun.gov
  2. LocalSuffolkOct 2026In force
    Suffolk bars data centers in all zoning districts pending permanent rules

    Suffolk City Council unanimously adopted an amendment to its Unified Development Ordinance that temporarily bars data center development in every zoning district, at a meeting reported on 22 and 23 October 2026. The amendment adds a data center definition and removes data centers from the definitions of trucking terminals, warehouses and freight facilities. It has no set end date; planning staff aim to bring broader regulations to the planning commission by early 2027.

    virginiabusiness.com
  3. State lawOct 2026Proposed
    SB 843: proposed three-year statewide data center moratorium

    On 13 October 2026 Sen. Russet Perry (D, Loudoun) released a draft bill for the 2027 session that would bar localities from approving data center rezonings, special exceptions, special use permits and site plans, and bar state agencies including the SCC and DEQ from issuing permits for data centers or the power plants, interconnections and on-site generation serving them, from 1 July 2027 to 1 July 2030.

    baxtel.com
  4. LocalStafford CountyOct 2026Pending
    Staff recommend denial of most of the 1,500-acre Kings Corridor campus

    On 9 October 2026 county staff recommended denying three of the four Kings Corridor Technology Campus rezonings along Route 3 (Forest Lane, Sisson North and Sisson South) as inconsistent with the Comprehensive Plan and outside the Urban Services Area, and found Simms Farm inconsistent as presented. The Planning Commission hearing was moved from 14 October to 18 November 2026. The board approved the separate Accokeek Creek data center project in early October.

    wjla.com
  5. LocalLoudoun CountySep 2026Pending
    End of by-right grandfathering under study

    The board voted 6-1 on 22 July 2026 to have staff study a pause on processing data center and substation applications. That study led to the pause adopted on 15 September 2026 (see separate item). The county's 16 September statement said the board would receive legal analysis on 6 October 2026 on whether grandfathering exceptions can be ended for at least 17 administrative cases totaling more than 11 million square feet that lack conditional approval or vested rights; if so those cases would need special exception review. No decision has been reported.

    loudoun.gov
  6. LocalSpotsylvania CountyAug 2026In force
    Spotsylvania backs call for a statewide data center moratorium

    On 11 August 2026 the Board of Supervisors voted 4-2 for a resolution supporting Sen. Glen Sturtevant's request that Governor Spanberger pause new data center development statewide while the state studies whether and how to allow it. The county has eight data centers in the works. The resolution is advisory.

    wjla.com
  7. ExecutiveAug 2026In force
    Governor Spanberger rules out a statewide moratorium

    On 13 August 2026 the governor said she would not issue a statewide data center moratorium, called local restrictions a local choice, and said she would work with the General Assembly on standards for water use, noise, land use and energy use.

    wjla.com
  8. RegulatorDominion Energy VirginiaAug 2026Pending
    SCC orders Dominion to design direct assignment of transmission costs to large loads

    In its ruling on Dominion's rider T1 transmission rate adjustment, reported 5 August 2026, the State Corporation Commission directed Dominion to develop a policy and tariff to directly assign transmission infrastructure costs to data centers and other large-load customers whose connections drive them, and said the planned 765 kV Valley Link line could in future be assigned to the GS-5 class. Dominion had already cut its request to about $0.94 a month for a typical residential customer by shifting more cost to GS-5; no deadline for the new tariff was reported.

    virginiamercury.com
  9. CourtPrince William CountyJul 2026In force
    Digital Gateway rezoning voided; developers drop appeals

    The Court of Appeals of Virginia on 31 March 2026 upheld a ruling voiding the December 2023 rezoning for the 2,100-acre, 23 million square foot campus because of public notice defects. The county stopped defending the rezoning on 14 April, Compass declined to appeal, and QTS withdrew its Supreme Court of Virginia appeal on 2 July 2026.

    fox5dc.com
  10. State lawJul 2026In force
    Data center electricity consumption tax (2026 to 2028 budget, HB 30)

    A tax of $0.011 per kWh applies from 1 July 2026 to 30 June 2028 to electricity used by data centers of 1 MW or more, including self-generated power. Collections are capped at $600 million a year, with any excess refunded pro rata.

    hunton.com
  11. LocalFront Royal, Chesapeake, Prince William County, Frederick CountyJul 2026Pending
    Local pauses and by-right removals spread

    Front Royal and Warren County adopted a moratorium in June 2026 and Chesapeake paused applications while it amends its comprehensive plan. Prince William directed staff to draft the removal of by-right approval in its Data Center Opportunity Zone Overlay District, and Frederick County, Virginia did the same for its zoning. Loudoun's county attorney has noted that Virginia law generally does not allow local moratoria.

    venable.com
  12. State lawJun 2026In force
    Sales and use tax exemption kept through 2035

    The budget signed at the end of June 2026 left the exemption in place; the Senate's plan to phase it out from 1 January 2027 was dropped. The exemption costs roughly $1.6 billion to $1.9 billion a year by recent estimates, and a work group on data center taxation is expected to report in November 2026.

    whitefordlaw.com
  13. State lawDominion Energy VirginiaMay 2026In force
    HB 1393 (Chapter 1123): cost allocation to large customers

    Signed 14 May 2026 after the legislature accepted some of the governor's amendments, effective 1 July 2026. For rate cases from 2027 to 2033 Dominion must propose allocating certain capacity and distribution costs to customers of 25 MW or more with a 75 percent load factor, and must propose a revised standby tariff for customers with their own power plants, effective January 2028.

    legiscan.com
  14. State lawApr 2026In force
    HB 153 / SB 94 (Chapter 567): site assessments for high energy use facilities

    Signed 13 April 2026, effective 1 July 2026. Before approving a rezoning or special permit for a new high energy use facility (described as 100 MW or more), a locality must require a sound assessment for homes and schools within 500 feet, and may require assessments of water, farmland, parks, historic sites and forest.

    legiscan.com
  15. State lawDominion Energy Virginia, Appalachian PowerApr 2026In force
    HB 284 / SB 371 (Chapter 377): voluntary demand flexibility programs

    Signed 8 April 2026. Dominion and Appalachian Power must ask the State Corporation Commission by 15 January 2027 to approve voluntary demand flexibility programs for high energy demand customers (about 25 MW and above), and electric cooperatives must have programs by 1 January 2029.

    legiscan.com
  16. State lawApr 2026In force
    HB 496: reporting of water supplied to data centers

    Signed by Governor Spanberger in spring 2026 (amends Va. Code 62.1-44.38). Water users that supply data centers must report the volume of water supplied, including reclaimed water use.

    bdlaw.com
  17. State lawMar 2026Pending
    Bills carried over to 2027: SB 339, SB 336, HB 1502, HB 1515

    Of 61 data center bills in the 2026 session, 15 reached the governor. Carried over to 2027 were SB 339 (a commission proceeding on whether large customers are subsidized), SB 336 and HB 1502 (limits on and study of diesel backup generators) and HB 1515 (a temporary moratorium on approvals).

    multistate.us
  18. RegulatorDominion Energy VirginiaNov 2025Approved, not yet effective
    GS-5 rate class approved in Dominion biennial review

    In November 2025 the State Corporation Commission created a class for customers of 25 MW or more with a 75 percent load factor: 14-year contracts, minimum payments of 85 percent of contracted transmission and distribution demand and 60 percent of generation demand, upfront collateral and exit fees. It takes effect 1 January 2027; the commission left broader cost allocation to the 2027 rate case.

    insideclimatenews.org
  19. State lawMay 2025Vetoed
    HB 1601 (2025) vetoed by Governor Youngkin

    The 2025 bill requiring site and noise assessments for proposed data centers was vetoed in May 2025 as limiting local discretion. A near-identical bill became law in 2026 as HB 153.

    broadbandbreakfast.com
  20. LocalLoudoun CountyMar 2025In force
    By-right data center development eliminated

    On 18 March 2025 Loudoun ended by-right data center development; projects now need a special exception with Planning Commission and board hearings. Applications under review as of 12 February 2025 kept by-right status only if the data center is more than 500 feet from residential areas and the application has no substantial changes.

    hklaw.com
  21. State lawDec 2024In force
    JLARC study: Data Centers in Virginia (published study, not a rule)

    The legislature's audit commission reported in December 2024 that unconstrained power demand could double within 10 years, that the exemption saved the industry $928 million in fiscal 2023, and that a typical Dominion residential bill could rise $14 to $37 a month by 2040. It suggested a separate data center rate class and local authority over water and sound studies.

    jlarc.virginia.gov

Washington

Light ↑ TighteningTax break trimmed, regulator writing large-load policy, local moratoria spreading8 items
4in force
3pending
1local pause
narrowedtax break
2.6combined index (5 most)
7.4cper kWh, industrial
23 October 2026reviewed
Regulation2.0 / 5
  1. Grid connection2

    SB 5982 (effective June 11, 2026) binds large customers to clean energy deadlines; Avista paused a 500 MW project June 12, 2026 but no study rule exists.

  2. Power rates1

    No large-load tariff is in force; HB 2515 died in the Senate in March 2026 and the UTC policy statement (UE-260162) is still pending.

  3. Siting and land use3

    Nine temporary moratoria as of August 2026, including Seattle, Spokane and Moses Lake, cover several main markets while Quincy stays open.

  4. Tax treatment3

    SB 6231 (effective July 1, 2026) narrowed the sales tax exemption by excluding replacement servers and refurbished facilities.

  5. Permits and water1

    No water, air or disclosure rule is in force.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Washington kept its sales tax exemption for new data centers but, from 1 July 2026, ended it for replacement servers and refurbished facilities (SB 6231). A second 2026 law (SB 5982) confirms that large customers must meet the same clean energy deadlines as utilities. The broader bill to make utilities adopt cost and curtailment tariffs for loads over 20 MW (HB 2515) passed the House and died in the Senate. The Utilities and Transportation Commission is writing a policy statement on large loads at investor-owned utilities, and Seattle, Spokane and at least seven other local governments have passed temporary moratoria.

Outlook

The UTC said in a 13 October 2026 notice that it expects to publish a draft Policy and Interpretive Statement on large-load customers in docket UE-260162 in early November 2026, take comments through late November, and publish the final statement by the end of 2026. The governor's data center workgroup had not published its final report as of 23 October 2026, and a revived version of HB 2515 is expected in the 2027 session. The nine local moratoria in place as of August 2026 stand, and Avista's talks on a 500 MW Spokane-area data center remain paused.

Grid: The West outside CaliforniaReviewed 23 October 2026Research confidence: Medium

Washington: full entry, every item and its source →

  1. RegulatorOct 2026Pending
    UTC large-load proceeding (UE-260162)

    Docket opened 16 March 2026 to set expectations for large-load interconnections, rates and contracts at investor-owned utilities, with workshops on 27 April and 12 August 2026 and written comments from utilities, tech companies, tribes and advocates in August and September. Options discussed include curtailment during shortages, surcharges, longer contracts, upfront payments and exit fees. A 13 October 2026 notice says the commission expects to publish a draft Policy and Interpretive Statement in early November 2026, take comments through late November, and publish the final statement by the end of 2026.

    apiproxy.utc.wa.gov
  2. RegulatorOct 2026Pending
    UTC sets timeline: draft large-load policy statement in early November 2026

    On 13 October 2026 the Utilities and Transportation Commission issued a notice in docket UE-260162 saying it expects to publish a draft Policy and Interpretive Statement on electric large-load customers in early November 2026, request comments by late November, and publish the final statement by the end of 2026, with no further written questions planned.

    apiproxy.utc.wa.gov
  3. LocalSeattle, Spokane and othersAug 2026In force
    Temporary moratoria in nine cities and counties

    As of August 2026 Seattle, Spokane, Renton, Burien, Federal Way, Marysville, Moses Lake, and Skagit and Snohomish counties had passed temporary moratoria on large data centers.

    yakimaherald.com
  4. UtilityAvista (Spokane area)Jun 2026In force
    Avista pauses talks on 500 MW data center

    On 12 June 2026 Avista paused negotiations with an unnamed developer over a 500 MW data center after community objections. Spokane's council first delayed and later passed a moratorium on large data centers.

    spokesman.com
  5. State lawApr 2026In force
    SB 6231: sales tax exemption cut back

    ESSB 6231 was signed 1 April 2026 (Chapter 266, Laws of 2026) and took effect 11 June 2026. From 1 July 2026 replacement server equipment and data centers refurbished on or after that date no longer qualify for the sales and use tax exemption, and refurbishment-based exemption certificates expire; new construction and the first installation of servers still qualify.

    leyton.com
  6. State lawMar 2026In force
    SB 5982: clean energy deadlines apply to large customers

    Signed 24 March 2026 (Chapter 181, Laws of 2026), effective 11 June 2026. Clarifies that large customers, including data centers served as market customers of consumer-owned utilities and port districts, must meet the same Clean Energy Transformation Act deadlines as utilities, with the UTC setting reporting rules.

    app.leg.wa.gov
  7. State lawMar 2026Failed
    HB 2515: large energy use facilities bill

    Would have required utilities serving data centers over 20 MW to file tariffs preventing cost shifts and setting curtailment rules for energy emergencies. It passed the House 51-41 in 2026 and died in the Senate.

    dwt.com
  8. ExecutiveDec 2025Pending
    Governor's data center workgroup (Executive Order 25-05)

    Governor Ferguson's order had the Department of Revenue convene a workgroup of agencies, utilities, labor, environmental groups and industry. Its preliminary report of 1 December 2025 shaped HB 2515 and recommended that state clean energy and carbon laws cover fossil or unspecified power used by data centers; a final report is due later in 2026.

    dwt.com

West Virginia

Minimal ↑ TighteningState overrides local zoning to recruit self-powered data centers9 items
5in force
4pending
0local pauses
intacttax break
2.0combined index (5 most)
8.3cper kWh, industrial
23 October 2026reviewed
Regulation1.0 / 5
  1. Grid connection1

    HB 2014 (April 2025) lets 90 MW data centers run on on-site generation outside PSC review; no study fee or tariff applies.

  2. Power rates1

    No utility has an approved large-load tariff; FirstEnergy told the PSC in July 2026 it prefers contract-by-contract terms.

  3. Siting and land use1

    HB 2014 (April 2025) bars counties and cities from enforcing zoning against certified 90 MW projects; Putnam County's September 2026 resolution has no force.

  4. Tax treatment1

    The HB 2014 certification program is intact and uncapped, with two Mason County projects certified September 2026 and HB 5381 (April 2026) adding a 50 GW goal.

  5. Permits and water1

    No water, air or disclosure rule is in force; Nscale's biomass plant received its state air permit in 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

West Virginia's 2025 law HB 2014 lets high-impact data centers (90 MW or more) and certified microgrids run on their own generation outside local zoning, noise and lighting rules, and sends most of their property tax to the state. In April 2026 Governor Morrisey signed HB 5381, which sets a goal of 50 GW of generating capacity by 2050 aimed at the data center market. In early September 2026 the state certified two projects in Mason County, one of them a $12 billion Starwood campus that would draw 2.16 GW from the grid. Opposition has grown in Tucker County over the proposed Ridgeline gas plant and data center and in Mason County, and the state NAACP has called for a moratorium of at least two years. In August 2026 the governor and legislative leaders issued a Responsible Data Center Development Plan that promises ratepayer protection and an advisory council on local standards, none of it yet in statute. No utility has an approved large-load tariff; FirstEnergy has proposed individual contracts instead.

Outlook

The Public Service Commission's proposed HB 2014 rule on supplying power to data centers, filed 15 October 2026 without the earlier coal-dispatch language, needs legislative approval in the 2027 session, where changes to HB 2014 on local control, county tax shares and ratepayer protection are also expected to be debated; the Treasurer's 15 October analysis putting the two Mason County projects' revenue at more than $231 million a year, 70 percent of it to the state, will feed that tax-share debate. Nscale's Monarch campus is under construction, with DEP filings reported 22 October describing significant environmental impacts and erosion failures at the site, and the terms on which Starwood's 2.16 GW would be served from the grid have not been published. The Public Service Commission has a pending FirstEnergy request for a $2.47 billion, 1,200 MW gas plant in Monongalia County justified by data center demand. Putnam County's October 2026 resolution asking hyperscale developers to fund upgrades and secure their own power has no force of law under HB 2014.

Grid: PJMReviewed 23 October 2026Research confidence: Medium

West Virginia: full entry, every item and its source →

  1. RegulatorOct 2026Proposed
    PSC files proposed HB 2014 data center power rule for legislative approval

    On 15 October 2026 the Public Service Commission issued an order filing its proposed rule on supplying power to data centers, required by HB 2014, with the Secretary of State. An earlier draft had pushed utilities toward running coal plants at a 69 percent capacity factor through self-scheduling in PJM, which AEP and FirstEnergy subsidiaries and consumer advocates opposed; that language was dropped from the filed version. The rule still needs legislative approval in the 2027 session.

    wvpublic.org
  2. ExecutiveMason CountySep 2026In force
    Two high-impact data centers certified: Nscale Monarch Campus and Starwood's Project Tamarack

    Governor Morrisey announced at the state Chamber of Commerce business summit, reported 8 September 2026, that the Department of Commerce had certified two Mason County projects under HB 2014. Nscale's Monarch Compute Campus near Point Pleasant, already under construction, would be powered by an on-site biomass plant with carbon capture that received a state air permit earlier in 2026, with no power sold to the grid. Starwood Digital Ventures' Project Tamarack, about 20 miles north, is a planned $12 billion investment needing 2.16 GW from the existing grid with closed-loop cooling; the governor said Starwood will pay for the infrastructure so existing ratepayers are not charged. A residents' group, Mason United, opposes the Monarch project, and a 15 October 2026 Treasurer's Office analysis puts the two projects' tax revenue at more than $231 million a year, 70 percent of it to the state.

    newsfromthestates.com
  3. LocalPutnam CountySep 2026In force
    Putnam County resolution on hyperscale data centers

    At a regular Tuesday meeting reported on 2 October 2026 the County Commission approved a resolution asking hyperscale data center developers to pay for water, sewer and power upgrades, secure dedicated power without shifting grid costs to residents, use sound enclosures, dark-sky lighting and landscape buffers, and take community input on tax allocation. Delegate Kathie Hess Crouse said it does not have the force of law, since HB 2014 bars counties from limiting certified projects; the county's Google-linked site sits on the Putnam and Mason line.

    wvgazettemail.com
  4. ExecutiveAug 2026Proposed
    Responsible Data Center Development Plan

    Announced 11 August 2026 by the governor and legislative leaders. It says developers must supply their own power and pay for their own infrastructure, proposes a Data Center Advisory Council to recommend statewide setback, noise and siting standards, and keeps the tax split that sends 50 percent of project revenue to income tax reduction. Critics note the ratepayer protections are not in HB 2014.

    wvpublic.org
  5. RegulatorFirstEnergy (Mon Power, Potomac Edison)Jul 2026Pending
    Proposed 1,200 MW gas plant for data center load; no large-load tariff

    FirstEnergy asked the Public Service Commission to approve a $2.47 billion, 1,200 MW plant in Monongalia County with a 2.3 percent annual rate increase; a public hearing was held 15 July 2026. Consumer advocates asked for a large-load tariff, which FirstEnergy rejected in favor of contract-by-contract terms.

    wvpress.org
  6. ExecutiveTucker CountyJul 2026Proposed
    Ridgeline (Fundamental Data) certification dispute

    The Commerce Department told Fundamental Data on 18 June 2026 that it had violated filing requirements for microgrid and high-impact data center certification for its proposed Ridgeline gas-fired microgrid and data center near Davis, then rescinded the notice on 1 July 2026 after the company described its plans as conceptual. The West Virginia Highlands Conservancy said it would ask DEP to investigate the company's April 2025 air permit application over a disputed claim of site control; no certification has been issued.

    wvhighlands.org
  7. State lawApr 2026In force
    HB 5381: 50 GW generation goal

    Signed 9 April 2026. The law aims to more than triple generating capacity to 50 GW by 2050, requires rolling five-year plans to keep coal plants running through 2050, and is pitched at supplying data centers in and beyond the state.

    eenews.net
  8. State lawDec 2025In force
    HB 2014 rules and property tax split

    Draft rules for the certified microgrid and high-impact data center program were out for comment until 10 December 2025. Under the law the host county keeps 30 percent of the property tax, 50 percent goes to the state income tax reduction fund, 10 percent to other counties and 5 percent each to two state funds.

    westvirginiawatch.com
  9. State lawApr 2025In force
    HB 2014 (2025): certified microgrids and high-impact data centers

    Signed April 2025. Counties and municipalities cannot enforce zoning or other rules that limit certified microgrid districts or data centers of at least 90 MW, and those data centers may be served by on-site generation outside normal utility commission review. The law also removed the earlier requirement that such districts use renewable power.

    wvpress.org

Wisconsin

Moderate ↑ TighteningRegulators set the rules after Legislature passed no data center bill19 items
13in force
0pending
4local pauses
intact, with conditionstax break
2.4combined index (5 most)
10.9cper kWh, industrial
4 November 2026reviewed
Regulation2.6 / 5
  1. Grid connection3

    The We Energies tariff (April 24, 2026) is mandatory above 100 MW with credit rating requirements, and the May 7, 2026 Alliant order added safeguards.

  2. Power rates4

    The We Energies class (April 24, 2026) requires a 15-year minimum and 100 percent funding of dedicated resources; Alliant was ordered May 7, 2026 to match.

  3. Siting and land use3

    Milwaukee's one-year moratorium (13 October 2026) joins pauses in Bellevue, Kronenwetter and Cottage Grove; the DNR will run a statewide environmental review under an October 2026 settlement.

  4. Tax treatment2

    The sales tax exemption is intact with investment tiers, but Port Washington voters (April 7, 2026) must approve any tax increment district over $10 million.

  5. Permits and water1

    No water, air or disclosure rule is in force; AB 840's water reports died in March 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Wisconsin's Legislature adjourned in March 2026 without passing any data center bill; the Assembly's AB 840 never got a Senate vote. The Public Service Commission has filled the gap. In April 2026 it made We Energies' very large customer tariff mandatory above 100 MW with a 15-year minimum term and full cost responsibility, in May it ordered Alliant Energy to file a stand-alone large-load tariff, and in July it let a petition to loosen credit terms lapse. Local limits are spreading: Milwaukee adopted a one-year moratorium in October 2026, Port Washington voters must approve any tax increment district over $10 million (a rule a judge upheld in October), and projects in Caledonia, DeForest and Menomonie were withdrawn or blocked. A settlement commits the DNR to a statewide environmental review by January 2028. Incentives are unchanged.

Outlook

David Crowley (D) won the governor's race on 3 November 2026 and Democrats took both chambers of the Legislature in unofficial results, giving Wisconsin its first Democratic trifecta since 2010 when the new government takes office in January 2027. Crowley has said data centers must pay for their own infrastructure and bring their own new clean energy, that communities should decide whether they want them, and that nondisclosure agreements with local governments should be banned; he has not backed a statewide moratorium, and the 2027 session can now pass cost, transparency and NDA bills along the lines of the Democratic AB 722 that Republicans blocked in January 2026. The sales tax exemption remains in place unless the new Legislature changes it. Alliant's stand-alone large-load tariff filing and the commission's review of it are pending, the DNR statewide environmental review runs to January 2028, Milwaukee's moratorium runs to October 2027 unless permanent zoning comes first, and an appeal of the Port Washington referendum ruling is possible. Janesville voters on 3 November 2026 added a referendum requirement for any project over $450 million at the former GM/JATCO site.

After the 3 November 2026 election
  • Governor David Crowley (D). Crowley says data centers "have to pay their own way", "need to pay for their own infrastructure, and they need to bring their own new clean energy", that communities should decide whether they want data centers, that nondisclosure agreements should be banned, and that he will work with the Legislature for "as many guardrails as possible". wsaw.com
  • Legislature Democratic both chambers, control changed. Unofficial AP-compiled results give Democrats 18 of 33 Senate seats (three flips) and 53 of 99 Assembly seats (eight flips), the first Democratic trifecta since 2010, with the new Legislature and governor taking office in January 2027. wpr.org
  • Commission Public Service Commission members are appointed by the governor; no seat was on the ballot.
  • Janesville: voter approval for GM/JATCO site projects over $450 million (Janesville, passed) Initiated ordinance requiring city voter approval before the city leases, sells, transfers or approves development of the former GM/JATCO site if total project costs exceed $450 million, the site of a proposed data center campus. statecapitallobbyist.com
  • Janesville Voters approved, about 63% to 37% in unofficial results, the ordinance giving themselves final say over any project above $450 million at the former GM/JATCO site, where an $8 billion data center had been proposed. passed. channel3000.com

Results as called on 4 November 2026. Positions are the winners' own statements; a platform is not a rule and does not change the grade.

Grid: MISOReviewed 4 November 2026Research confidence: Medium

Wisconsin: full entry, every item and its source →

  1. LocalJanesvilleNov 2026Approved, not yet effective
    Janesville voters require referendum for GM/JATCO site projects over $450 million

    On 3 November 2026 Janesville voters approved an initiated ordinance, about 63% to 37% in unofficial results, requiring voter approval before the city leases, sells, transfers or approves development of the former GM/JATCO site if project costs exceed $450 million. The site is where an $8 billion data center campus had been proposed.

    statecapitallobbyist.com
  2. LocalMilwaukeeOct 2026In force
    Milwaukee one-year moratorium on new data centers

    On 13 October 2026 the Common Council voted 13 to 0 for a one-year moratorium on construction of new data centers and expansion of existing ones, of any size, while the city drafts zoning standards; the mayor signed it the next day. Developers may still seek site-specific detailed planned development zoning.

    urbanmilwaukee.com
  3. CourtPort WashingtonOct 2026In force
    Judge dismisses business groups' suit against $10 million TID referendum rule

    On 19 October 2026 Ozaukee County Judge Adam Gerol dismissed a January 2026 lawsuit by the Metropolitan Milwaukee Association of Commerce and other business groups against the ordinance requiring voter approval of tax increment districts over $10 million. The ordinance stays in place; MMAC said it may appeal.

    wpr.org
  4. CourtOct 2026In force
    DNR to run statewide environmental review of data centers under settlement

    A settlement dated 16 October 2026 ended a Sierra Club suit over DNR permits for the Port Washington Vantage campus issued without an environmental impact statement. The DNR must complete a statewide strategic analysis of data center water, energy, air and infrastructure effects by January 2028, paid for by Vantage, and apply the Wisconsin Environmental Policy Act project by project.

    sierraclub.org
  5. CourtPort WashingtonSep 2026In force
    Judge dismisses challenge to Port Washington tax increment district

    In September 2026 Ozaukee County Judge Adam Gerol dismissed a lawsuit by Great Lakes Neighbors United, filed earlier in 2026, challenging the city's tax increment district 5, which funds about $175 million of infrastructure for the $15 billion Vantage campus for Oracle and OpenAI.

    wpr.org
  6. LocalBellevueAug 2026In force
    Bellevue one-year freeze on data center projects

    Village trustees voted 5 to 0 on 12 August 2026 to block data center development for 12 months while they review health, land use and environmental effects.

    fox11online.com
  7. LocalKronenwetterAug 2026In force
    Kronenwetter one-year pause on data center applications

    The village board voted 7 to 0 in August 2026 to stop accepting or approving data center applications for one year while its plan commission and utility committee study the issue; no proposal was pending.

    wausaupilotandreview.com
  8. CourtWe EnergiesAug 2026Failed
    Oracle lawsuit against Public Service Commission rules dropped

    Oracle sued the commission in June 2026 over credit rating requirements and ratepayer protections applied to the Port Washington project, then dropped the suit in August 2026, leaving the tariff terms in place.

    wislawjournal.com
  9. LocalCottage GroveJul 2026In force
    Cottage Grove 12-month moratorium on data centers

    On 20 July 2026 the village board unanimously approved a 12-month moratorium on new data center development while it reviews zoning and its comprehensive plan, and said it intends to extend it by six months. No project was proposed.

    wmtv15news.com
  10. RegulatorWe EnergiesJul 2026Failed
    Petition to reopen We Energies data center tariff case denied

    We Energies, Vantage, Cloverleaf and Oracle asked the commission to reopen its May 2026 order and lower credit and collateral requirements for data center customers. The commission took no action at its 9 July 2026 meeting, so the petition was denied by operation of law.

    urbanmilwaukee.com
  11. RegulatorAlliant EnergyMay 2026In force
    Alliant contract for Beaver Dam data center approved with changes (docket 6680-TE-115)

    On 7 May 2026 the commission approved the electric service agreement for Meta's Beaver Dam campus with a stronger termination charge, financial safeguards and reporting, and ordered Alliant to file a stand-alone large-load tariff that future data center customers must use. The commission called the decision preliminary, with a final written order to follow.

    psc.wi.gov
  12. RegulatorWe EnergiesApr 2026In force
    We Energies very large customer tariff approved with changes

    On 24 April 2026 the commission lowered the very large customer threshold to 100 MW and made the tariff mandatory above it, removed an option that would have left 25% of generation costs with other customers, and added reporting. Trade press reports a 15-year minimum term and 100% funding of dedicated resources.

    urbanmilwaukee.com
  13. LocalPort WashingtonApr 2026In force
    Port Washington referendum on large tax increment districts

    On 7 April 2026 voters approved, with 66%, a measure requiring city voter approval before creating any tax increment district worth more than $10 million. A judge had declined in February to block the vote; a business group challenge to the ordinance was dismissed in October 2026.

    milwaukeenns.org
  14. LocalDeForest, MenomonieApr 2026Failed
    DeForest proposal dropped; Menomonie mayor unseated

    A $12 billion QTS proposal in DeForest was dropped in January 2026 and moved to Iowa. In Menomonie a data center opponent unseated the mayor on 7 April 2026. Janesville ($8 billion) and the Town of Beloit proposals remain contested.

    milwaukeenns.org
  15. State lawMar 2026Failed
    AB 840 (Assembly Republican data center bill)

    Passed the Assembly 53 to 44 in January 2026: no shifting of data center grid costs to other customers, renewables serving a data center must be on its site, closed-loop cooling, annual water reports and a reclamation bond. The Senate adjourned on 17 March 2026 without a vote.

    spectrumnews1.com
  16. State lawJan 2026Failed
    AB 722 (Democratic data center accountability bill)

    Would have put data centers in a very large customer class, required quarterly energy reports and an annual fee, and tied the sales tax exemption to labor standards and 70% renewable energy. Republicans voted it down when Democrats offered it as a floor amendment in January 2026.

    wisconsinexaminer.com
  17. LocalCaledonia, MenomonieJan 2026Failed
    Caledonia site withdrawn; Menomonie zoning change

    Microsoft dropped a 244-acre data center site on farmland in Caledonia in October 2025 after resident opposition. Menomonie's council revised its zoning on 5 January 2026, stopping a $1.6 billion proposal on about 320 acres.

    wisconsinexaminer.com
  18. State lawJul 2025In force
    2025 Wisconsin Act 16: tax increment carve-out for Port Washington and Beaver Dam

    Signed 8 July 2025. Exempts Port Washington's district 5 and Beaver Dam's district 10 from the 12% equalized value limit if all project costs relate to a data center.

    biztimes.com
  19. State lawJul 2023In force
    Data center sales and use tax exemption

    Still available and unchanged by the 2026 session. Qualification is tiered by planned investment and county population, with a $50 million minimum in rural counties.

    wisconsinexaminer.com

Wyoming

Minimal → SteadyGovernor's order streamlines permitting for data centers; Cheyenne keeps annexing land for them8 items
3in force
3pending
0local pauses
narrowedtax break
2.2combined index (5 most)
8.8cper kWh, industrial
27 October 2026reviewed
Regulation1.4 / 5
  1. Grid connection1

    Executive Order 2026-03 (June 4, 2026) streamlines permitting and only expects developers to cover their power costs; no study or tariff rule exists.

  2. Power rates1

    No large-load tariff or cost rule is in force; the June 4, 2026 executive order's cost expectation is not binding.

  3. Siting and land use1

    Cheyenne rejected a moratorium 8-1 in May 2026 and approved a 1,260-acre annexation September 28, 2026; the executive order streamlines rather than restricts.

  4. Tax treatment3

    No incentive item and no incentive action appears in the file, so this scores 3: nothing to lose, nothing to gain.

  5. Permits and water1

    Executive Order 2026-03 (June 4, 2026) tells agencies to weigh water and wildlife but imposes no reporting, limit or disclosure duty on developers.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Governor Gordon's Executive Order 2026-03, in effect since 4 June 2026, tells agencies to coordinate and streamline permitting and to weigh water, wildlife, grid reliability and community effects, and says developers must cover the cost of their own power demand. Some legislators answered by polling colleagues on a special session to revisit statutes on large generation, water and infrastructure; none was called. The Public Service Commission in July 2026 refused to carve an Anschutz power plant out of Rocky Mountain Power's territory while it drafts non-utility generator rules, and Black Hills has a transmission cost mechanism for large contract customers pending for 1 January 2027. Cheyenne, the state's data center hub, voted 8-1 in May 2026 against a one-year moratorium, approved a roughly 3,460-acre Microsoft annexation in July and a 1,260-acre annexation for a data center business park on 28 September 2026, while a resident is challenging the Microsoft annexation in court.

Outlook

The general session starting in January 2027, with a new governor after the November 2026 election, is the venue for bills on large generation, water and cost protection; the Revenue Committee already has a data center industrial property draft (27LSO-0111). At the Public Service Commission, the non-utility generator rules, Black Hills' transmission cost mechanism (requested effective 1 January 2027) and the Rocky Mountain Power and Black Hills rate cases are pending. In Cheyenne, the court challenge to the Microsoft annexation is unresolved and the council has continued to approve data center land.

Grid: SPP, The West outside CaliforniaReviewed 27 October 2026Research confidence: Low

Wyoming: full entry, every item and its source →

  1. LocalCheyenneSep 2026In force
    Council approves 1,260-acre Cox Ranch annexation for data centers

    Approved 8-2 on third and final reading on 28 September 2026, with the land rezoned from agricultural to business park. The developers are Skybox Data Centers and ViaWest Group and no end user has been named. The vote had been postponed from April after public backlash. Cheyenne has 10 operating data centers, 5 under construction and 9 in development.

    cowboystatedaily.com
  2. CourtCheyenneSep 2026Pending
    Resident asks court to overturn 3,460-acre Microsoft annexation

    In early September 2026 a Laramie County homeowner filed petitions in Laramie County District Court to void the city's roughly 3,460-acre annexation for a Microsoft data center expansion, approved by the council on 13 July 2026, citing a listed-landowner error and an Open Meetings Act claim over an August vote. No ruling has been reported.

    cowboystatedaily.com
  3. State lawAug 2026Proposed
    Revenue Committee draft 27LSO-0111, data centers industrial property

    The Joint Revenue Committee posted draft bill 27LSO-0111, titled 'Data centers industrial property', on 31 August 2026 for the 2027 general session. No text summary is published yet.

    fastdemocracy.com
  4. RegulatorJul 2026In force
    PSC rejects Anschutz bid to carve power plant out of utility territory

    In July 2026 the Public Service Commission voted 2-1 to reject Anschutz Corporation's petition for a declaratory order that its Miller Generating Station in Carbon County would not be a public utility, which would have taken it out of Rocky Mountain Power's exclusive service territory. The commission called the request premature while it drafts non-utility generator rules, with a public hearing held 5 August 2026.

    wyofile.com
  5. ExecutiveJun 2026In force
    Executive Order 2026-03, 'Data Centers the Wyoming Way'

    Effective 4 June 2026. Directs agencies to coordinate on proposals and streamline permitting, and to evaluate projects on water, wildlife, grid reliability, workforce and community engagement. Developers are expected to cover the costs of their power demand.

    w.media
  6. State lawJun 2026Failed
    Push for a special session on data centers

    After the executive order, Sen. Cheri Steinmetz and Rep. Daniel Singh polled lawmakers in June 2026 on a special session covering statutes on large electrical generation, water and infrastructure. Sponsors said it was not a statewide moratorium. No session was called; the Legislature next meets in January 2027.

    kowb1290.com
  7. UtilityCheyenneJun 2026Pending
    Black Hills files transmission cost mechanism for large power contract customers

    On 19 June 2026 Wyoming Electric (Black Hills) filed a Large Customer Transmission Cost Adjustment Mechanism with the Public Service Commission to recover transmission costs directly from Large Power Contract Service customers, requesting an effective date of 1 January 2027. The utility is negotiating definitive agreements for a 1.8 GW Cheyenne data center under that tariff and holds $377 million in refundable customer advances for generation equipment.

    sec.gov
  8. LocalCheyenneMay 2026Failed
    City council rejects one-year data center moratorium

    Voted down 8-1 on second reading on 26 May 2026 after about three and a half hours of public comment. Council members said tax, environmental and siting powers sit with the Legislature, the Department of Environmental Quality and the Industrial Siting Council.

    wyomingpublicmedia.org
The layer above the states

Federal action and the grid operators.

State rules sit under federal regulators and the regional grid operators that decide how large loads connect and what capacity costs. Each grid is graded on the same scale for how it treats a new large load, and each state entry links to its grid.

Federal

FERC, DOE, EPA, CongressFERC chose six regional large-load proceedings over one national rule16 items

The Department of Energy told FERC in October 2025 to write national rules for connecting large loads. FERC did not issue one: on 18 June 2026 it opened a show-cause proceeding against each of the six grid operators it regulates and left the rulemaking docket open. Around that, the administration has pushed speed, through a permitting order, federal sites, EPA construction guidance and emergency orders that keep old plants running, alongside a voluntary pledge that data centers pay their own way. Congress has passed nothing binding.

Outlook

Grid operator responses to the show-cause orders are due on 16 November 2026 (SPP on 20 November), with answers 30 days later and FERC rulings to follow into 2027. FERC must also decide PJM's revised backstop procurement, which cannot start before 28 February 2027, with paper-hearing briefs due 13 November 2026. The Ratepayer Protection Act is stalled in the Senate after a failed vote on 30 September 2026. A bipartisan Senate permitting bill announced the same day would make data centers pay all of their transmission costs, but no vote is expected until after the 3 November elections. EPA's Title V rule took effect on 26 October 2026 and its proposal to allow construction before an air permit remains unfinalized; the newest DOE emergency order found, 202-26-50 of 12 October 2026, let PJM call on backup generation at data centers during an October heat event.

Federal action: full entry, every item and its source →

  1. FederalOct 2026In force
    Department of Energy section 202(c) emergency orders

    The department's 2026 list ran to 61 entries through 25 September. Rolling 90-day orders keep retiring plants available (Campbell, Schahfer, Culley, Eddystone, Wagner, Centralia, Craig, Stanton), and short orders in January, May, June, July and September let PJM, ERCOT, SPP and Duke call on backup generation as a last resort before load shedding. On 12 October 2026 Order 202-26-50 let PJM direct backup generators at data centers and other large facilities from 13 to 16 October during an autumn heat event, with PJM forecasting demand of about 111,500 MW and about 61,591 MW of generation outages. The January, May and October orders named data centers explicitly.

    energy.gov
  2. FederalSep 2026In force
    EPA final rule narrowing Title V review of construction permit decisions

    EPA published the final rule, Clarifying the Scope of Applicable Requirements Under State Operating Permit Programs, in the Federal Register on 25 September 2026 (document 2026-19671), effective 26 October 2026. It limits review under Title V operating permits of decisions already made in New Source Review preconstruction permits and states that the Clean Air Act general duty clause in section 112(r)(1) is not a Title V applicable requirement. A law firm review dated 9 October 2026 said the separate May 2026 proposal to allow work on non-emitting parts of a site before a permit issues had not been finalized.

    mondaq.com
  3. FederalSep 2026Pending
    Ratepayer Protection Act (H.R. 9340)

    The House passed the bill 417 to 3 on 16 September 2026. It would amend PURPA so that states must consider, but need not adopt, a standard making large-load customers such as data centers pay the full cost of the grid upgrades they cause. A Senate motion to advance it failed 57 to 43 on 30 September 2026, short of the 60 votes needed, with most Democrats calling it optional and toothless.

    valleynewslive.com
  4. FederalSep 2026Proposed
    American Affordability and Jobs Act (Senate permitting bill)

    Announced 30 September 2026 by the chairs and ranking members of the Senate energy and environment committees (Lee, Heinrich, Capito, Whitehouse). It would require data centers to pay all of their associated transmission costs, rewrite federal environmental review and permitting, tell grid operators and utilities to streamline transmission planning, and widen FERC's authority to permit major interstate lines when a state stalls or rejects them. The Senate will not vote until after the November 2026 elections.

    mgrid.org
  5. FederalSep 2026Proposed
    NERC draft reliability standards for data centers

    In September 2026 the North American Electric Reliability Corporation drafted three reliability standards for data centers, applying at 50 MW and 100 kV. The standards are drafts and would need FERC approval before they bind.

    mgrid.org
  6. FederalSep 2026Failed
    Senate data center energy cost bill falls short, 57 to 43

    A bill on data centers and their effect on electricity costs failed to advance in the Senate on 30 September 2026. It needed 60 votes and got 57, in one of the last votes before senators left to campaign. The report does not name the bill, so whether it was the House-passed Ratepayer Protection Act is not confirmed.

    broadbandbreakfast.com
  7. FederalJul 2026In force
    EPA guidance exempting islanded generation from the Acid Rain Program

    EPA announced on 27 July 2026 that the Clean Air Act Acid Rain Program does not apply to islanded generating facilities that are not connected to a public grid, because they neither sell electricity nor report as generating units to the Department of Energy. EPA said the guidance widens the options for companies building their own power for data centers, and that a facility later connected to the grid may become subject to the program. Earthjustice wrote to EPA opposing the guidance as unlawful, according to its 18 September 2026 commentary.

    epa.gov
  8. FederalJul 2026Pending
    Federal sites for data centers (Paducah and Savannah River)

    The Department of Energy picked four sites in 2025: Idaho National Laboratory, Oak Ridge, Paducah and Savannah River. In late July 2026 it announced a 1.8 GW campus at Paducah (Brookfield, NextEra, Big Rivers) with 2 GW of new gas generation and up to 2.6 GW of batteries, targeted for 2031, and chose Amentum to negotiate a lease for a 1 GW data center with about 2 GW of on-site generation at Savannah River. Neither lease is final.

    ans.org
  9. FederalJun 2026In force
    FERC co-location orders for PJM (EL25-49)

    On 18 December 2025 FERC found PJM's rules for load sited with generation unjust and unreasonable and ordered three new services: interim non-firm service, firm contract demand and non-firm contract demand, plus a MW cap on netting large loads against behind-the-meter generation. Co-located load pays for regulation and black start on gross demand. An 18 June 2026 order on rehearing and compliance kept that direction, gave PJM 60 days for a further filing and left the service terms open to revision.

    bclplaw.com
  10. FederalJun 2026Pending
    FERC large-load show-cause orders (EL26-67 to EL26-72)

    On 18 June 2026 FERC preliminarily found the tariffs of all six grid operators it regulates unjust and unreasonable for loads of 50 MW or more connecting above 69 kV. Each must justify its tariff or file rules on study procedures, upgrade cost recovery agreements, co-located generation, flexible (curtailable) transmission service and generators serving nearby loads. After 90-day abeyances the tariff filings are due around 16 November 2026. After 90-day abeyances the responses are due on 16 November 2026 for PJM, MISO, CAISO, ISO-NE and NYISO and on 20 November 2026 for SPP, with answers due 30 days later.

    willkie.com
  11. FederalJun 2026Pending
    Department of Energy large-load directive and FERC docket RM26-4

    The Energy Secretary's 23 October 2025 advance notice asked FERC to set national rules for connecting loads above 20 MW to the transmission system. FERC said on 16 April 2026 that it would act by the end of June, then chose the six regional show-cause orders instead of a national rule. The docket stays open, and FERC encouraged utilities outside the organized markets to file their own large-load tariff terms.

    nysrc.org
  12. FederalMay 2026Proposed
    EPA proposed rule on starting construction before an air permit

    Proposed on 11 May 2026 with a 45-day comment period. It would write into the New Source Review rules that work on non-emitting parts of a site, such as pads and utility infrastructure, can begin before the permit issues, while work on turbines, engines and other emitting units still waits. EPA also issued Title V guidance in April and May 2026 to shorten its review of operating permits. Law firm and advocacy reviews dated 18 September and 9 October 2026 said no final rule had issued.

    gibsondunn.com
  13. FederalMar 2026In force
    Ratepayer Protection Pledge

    Signed at the White House on 4 March 2026 by Amazon, Google, Meta, Microsoft, OpenAI, Oracle and xAI. Signers commit to build, bring or buy new generation, pay for all delivery upgrades, take separate rate structures and pay for capacity whether or not they use it, and make backup generation available in grid emergencies. It is a pledge, not a rule; utilities including TVA have since signed.

    whitehouse.gov
  14. FederalDec 2025In force
    EPA Clean Air Act Resources for Data Centers

    EPA launched the guidance page on 11 December 2025. It collects the agency's positions on permitting turbines and engines at data centers, including using enforceable limits to stay below major-source thresholds, and a 2 September 2025 letter saying the ban on construction before a permit applies to the emitting unit and not the whole facility.

    gibsondunn.com
  15. FederalJul 2025In force
    Executive Order 14318, Accelerating Federal Permitting of Data Center Infrastructure

    Signed 23 July 2025. It directs agencies to fast-track federal permits for data centers and the power and transmission that serve them, to offer federal financial support, and to make federal land available. The Department of Energy cites it as the basis for its federal-site projects.

    climate.law.columbia.edu
  16. FederalJul 2025In force
    One Big Beautiful Bill Act tax changes

    Signed 4 July 2025. It restores permanent 100 percent first-year expensing for equipment acquired from 20 January 2025, which covers servers and on-site generation. Wind and solar projects must start construction by 4 July 2026 or be in service by the end of 2027 to keep the 45Y and 48E credits, so new solar and wind supply for data centers loses its federal subsidy after that.

    wipfli.com

PJM

Moderate ↑ TighteningCapacity short at the price cap; curtailment rule for new loads pending8 items
4in force
2pending
14states
60.0 GWin the queue
0.4xqueue to peak load
2 November 2026reviewed
Regulation3.0 / 5
  1. Queue process1

    No PJM large-load study process is in force; transmission owners handle loads and FERC's June 18, 2026 show-cause found the tariff lacks study rules.

  2. Cost allocation4

    The July 14, 2026 auction cleared at the $325 per MW-day cap, and the backstop procurement accepted September 29, 2026 adds up to $555 per MW-day contracts.

  3. Curtailment2

    No curtailment rule is in force: FERC rejected the curtail-first interim service on 9 October 2026 and kept only the large-load definition and registry.

  4. On-site generation3

    Co-location is allowed with review while FERC's June 18, 2026 show-cause order rewrites the rules; the June 9, 2026 fast lane covers only generation.

  5. Available capacity5

    The July 14, 2026 auction cleared at the cap 6,831 MW short of the reliability requirement; FERC's October 9, 2026 order left the shortfall unaddressed.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueJan 2026
60.0 GWrequested
34.0 GWapproved or contracted
162.6 GWpeak load
744 MW a yearrecent pace
81 yearsof queue at that pace

PJM publishes no RTO-wide large load queue. Proxy is utility large load adjustment submissions: ~60 GW raw for 2030 cut to 34 GW accepted in the 2026 forecast (firm only count toward RPM). 2027 cycle: 12 utilities submitted Sept 29, 2026, totals not yet published (CRA review of the data center forecast on the LAS agenda Nov 2, 2026), final Jan 2027. PJM 2026 Long-Term Load Forecast (Jan 14, 2026): summer peak 222,106 MW in 2036 and 253,077 MW in 2046 (+96.7 GW over 20 years); large load adjustments add +35.1 GW 2026 to 2031, more than all net peak growth in that window pjm.com Pace: Proxy: Dominion Energy Virginia connected 11 data centers, 744 MW combined, in 2025 (FY2025 annual report). PJM itself publishes no RTO-wide energized large load figure; LAS and IMM decks are forecast only. sec.gov

  • Dominion Energy Virginia more than 54 GW of data center capacity in various stages of contracting as of Q3 2026 (more than 12 GW under electric service agreements), up more than 6 GW (13%) since the end of 2025; July 2026 comparison: ~53.8 GW; Dec 2024: 40 GW total, 26 GW substation engineering LOAs, 5 GW construction LOAs, 9 GW ESAs Oct 2026 thecerbatgem.com
  • PJM 2026 Load Forecast large load adjustments (Modo Energy analysis) Raw utility submissions for 2030 ~60 GW; PJM accepted 34 GW (43% cut); large load adjustments +35.1 GW 2026-2031 vs total demand growth +34.6 GW; 78% of peak growth to 2046 is large load Jan 2026 modoenergy.com
  • PJM Load Analysis Subcommittee, 2027 forecast cycle 12 utilities (Dominion, NOVEC, REC, ODEC, PPL, AEP, Duquesne, FirstEnergy, Exelon, AES, Duke, PSEG) presented large load adjustment requests Sept 29, 2026; CRA review Oct 2026, PJM adjustment Nov 2026, forecast Jan 2027; CRA review of the data center forecast on the LAS agenda Nov 2, 2026 (totals not yet published) Nov 2026 pjm.com
  • PJM LAS summary for 2026 forecast (Nov 24, 2025) Accepted adjustments support PJM data center growth of up to ~30 GW between 2025 and 2030; PJM hosts ~40% of US data centers in 2025 Nov 2025 pjm.com

PJM's last two capacity auctions cleared at the price cap and still fell more than 6,600 MW short of the reliability requirement, which PJM attributes mainly to data center growth. Its answer is a one-time backstop purchase of new capacity, a registry of loads of 50 MW or more, and a rule that new large loads without their own new capacity are curtailed before other customers from June 2027. FERC accepted the backstop purchase but delayed it to February 2027, and has not yet ruled on the curtailment rule. FERC is also rewriting PJM's co-location and large-load connection rules.

Outlook

FERC's 9 October 2026 order left PJM with a large-load registry and no curtailment or bring-your-own-capacity rule; PJM is reviewing how to meet the order while states decide which retail customers are curtailed first, with Ohio and Pennsylvania the states to watch. PJM's section 205 response to the show-cause order is due 16 November 2026 with answers due 16 December. The backstop procurement cannot take effect before 28 February 2027; PJM told stakeholders on 22 October 2026 it would file a revised plan with lower collateral and a bid window of 1 to 22 March 2027, briefs in FERC's paper hearing are due 13 November 2026, and the 2029/2030 capacity auction is planned for December 2026. Dominion's GS-5 rate class takes effect 1 January 2027.

States: DC, DE, IL, IN, KY, MD, MI, NC, NJ, OH, PA, TN, VA, WVReviewed 2 November 2026Research confidence: High

PJM: full entry, every item and its source →

  1. Grid operatorOct 2026Approved, not yet effective
    FERC order on the Reliability Backstop Procurement (ER26-3380)

    FERC accepted the one-time procurement on 29 September 2026 but suspended it for five months, to 28 February 2027, subject to refund and a paper hearing on cost allocation, collateral, the co-op and municipal opt-out and transmission owner exit rules. The initial target is 6,831 MW of new capacity, reduced by any new supply that large loads contract for directly; contracts run up to 15 years with a cost cap of $555 per MW-day. PJM did not open the procurement on 30 September. A 22 October 2026 PJM stakeholder presentation set a revised filing for 29 October 2026, cut example collateral from $1.5 million per MW to about $0.68 million per MW (40 percent of the discounted obligation) and moved the bid window to 1 to 22 March 2027; the Department of Energy filed a statement on 7 October saying large loads should fund the generation they require.

    publicpower.org
  2. Grid operatorOct 2026In force
    First projects accepted into the Expedited Interconnection Track

    On 8 October 2026 PJM accepted its first three fast-lane projects, more than 2,100 MW in total: two ENGIE batteries (860 MW in Crawford County, Pennsylvania and 800 MW in Morrow County, Ohio) and a 455 MW uprate of the Hunterstown gas plant in Adams County, Pennsylvania. All target mid-2029. Applications opened on 31 July; the track takes up to 10 requests a year, requires at least 250 MW of accredited capacity and a state commitment to speed permitting, and sunsets at the end of 2027.

    mgrid.org
  3. Grid operatorOct 2026Failed
    FERC rejects the curtail-first service, keeps the large-load registry (ER26-3515)

    Filed 13 August 2026: new loads of 50 MW or more entering service after 1 June 2027 without matching new capacity would be curtailed before pre-emergency demand response, with capped payment, under an Interim Resource Adequacy Service. On 9 October 2026 FERC accepted the large-load definition and a registry of each facility's location, ramp schedule and capacity supply, and rejected the interim service and the bring-your-own-new-capacity rules as intruding on state jurisdiction over retail customers. PJM is reviewing the order.

    utilitydive.com
  4. Grid operatorOct 2026Expired
    Department of Energy emergency order for the October 2026 heat event

    Order 202-26-50, issued 12 October 2026 on PJM's application of 11 October, let PJM direct backup generators at data centers and other large commercial and industrial facilities to run as a last resort before or during a level 3 energy emergency from 13 to 16 October 2026. PJM forecast demand of about 111,500 MW on 13 October, expected to be within 900 MW of its reserve margin on 14 October and anticipated about 61,591 MW of generation outages, with the tightest conditions in the BGE, Pepco and Dominion zones.

    tedmag.com
  5. Grid operatorJul 2026In force
    2028/2029 capacity auction

    Results of 14 July 2026: the auction cleared at the $325 per MW-day cap across the whole footprint, procured 138,318 MW and came up 6,831 MW short of the reliability requirement, for a 14.7 percent reserve margin. The cleared cost is $16.4 billion. The 2027/2028 auction cleared at $333.44 and was 6,623 MW short.

    pjm.com
  6. Grid operatorJul 2026Pending
    Board decision on large loads and load forecast

    The PJM board's 27 July 2026 letter rejected the only stakeholder proposal that won a supermajority and directed the registry, backstop procurement and curtailment filings. It cites a forecast of about 70 GW of new large-load demand by 2038 and about 15 GW of generation retired since 2022.

    babstcalland.com
  7. Grid operatorJun 2026In force
    Expedited Interconnection Track for new generation

    FERC accepted the fast lane on 9 June 2026. Projects must reach commercial operation within three years and be online by 2030. The regular queue's first cycle drew 829 applications totaling about 212,000 MW by 15 May 2026.

    climatesolutionslaw.com
  8. Grid operatorJun 2026Pending
    FERC large-load show-cause order (EL26-67)

    FERC preliminarily found on 18 June 2026 that PJM's tariff does not adequately cover large-load studies, cost shifting, co-location, flexible service and generators serving nearby loads. PJM's tariff response is expected in mid-November 2026 after the abeyance period FERC allowed.

    hklaw.com

MISO

Light → SteadyTwo fast lanes for load paired with generation await FERC7 items
3in force
4pending
15states
26.4 GWin the queue
0.2xqueue to peak load
Regulation1.6 / 5
  1. Queue process1

    Utilities handle large loads today; the 200 MW joint study (LARS) filed October 2, 2026 is undecided at FERC.

  2. Cost allocation1

    The April 28, 2026 auction cleared at $424.30 per MW-day, down from $666.50, with 92 percent of load covered outside the auction; no large-load charges exist.

  3. Curtailment1

    No curtailment or capacity-matching obligation for large loads is in force.

  4. On-site generation3

    Co-location is allowed with ordinary review; the 90-day zero-injection path filed August 18, 2026 is pending at FERC.

  5. Available capacity2

    The June 4, 2026 OMS-MISO survey projects sufficient capacity for five years; MISO's July 20, 2026 report cites a potential 4.7 GW gap by 2028 that ERAS fills.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueJun 2026
26.4 GWrequested
8.6 GWapproved or contracted
104requests
121.5 GWpeak load

MISO has no public large load queue; proxy is MTEP26 large load additions via Expedited Project Review: 26.4 GW as of June 2, 2026 (8.6 GW approved, 17.8 GW proposed, 104 expedited projects), vs 9.7 GW in 2025 and 2.7 GW in 2024. Pre-study member submissions. MISO 2026 Long-Term Load Forecast (April 2026): coincident peak ~163 GW by 2035, up 35% from 121 GW in 2025; 8 to 14 GW of data centers expected online in 2026-2027; data centers ~one fifth of energy by 2030 psc.mo.gov Pace: Not found. MISO decks (MO PSC Aug 2026 status update, MGA Curran deck, LLWG) give MTEP EPR-supported large load additions (26.4 GW MTEP26) and an 8 to 14 GW 2026-27 expectation, not MW energized.

  • MISO Board Markets Committee, Reliability Imperative Large Loads update Large load additions 20.4 GW as of March 2026 and 26.4 GW as of June 2026; EPR approvals by year 0.1/0.2/0.3/0.9/2.7/9.7/32.6 GW (2020-2026 prelim); 2026 coincident peak forecast 125 GW; LARS filed at FERC Aug 28, 2026 Sep 2026 cdn.misoenergy.org
  • Entergy (MISO South) Hyperscale data center pipeline 7 to 12 GW of potential demand plus 3 to 5 GW traditional industrial; ~7.5 GW of power island equipment under contract or exclusivity (Q2 2026 call) Jul 2026 marketbeat.com
  • MISO 2026 Long-Term Load Forecast (Utility Dive) Peak ~163 GW by 2035 (+35% vs 121 GW 2025); 8-14 GW data centers online 2026-27; mid-case relies on 'high confidence' projects with interconnection agreements and construction underway Apr 2026 utilitydive.com
  • MISO draft MTEP26 (KilowattLogic summary) $8.8B draft portfolio, $3.1B load growth driven by data centers; Indiana and Michigan (I-65/I-69 corridor) carry a disproportionate share of large load requests; board vote Dec 2026 Apr 2026 kilowattlogic.com

MISO says it has enough capacity today but needs new tools for large loads. Its 2026/2027 capacity auction cleared well below last year's record, and its April 2026 forecast has peak load rising from 121 GW to 163 GW by 2035. A temporary fast track for new power plants has taken 47 projects of nearly 28 GW, mostly gas. Two further proposals, a 90-day review for generation that serves a load at the same substation and a joint study of loads above 200 MW with new generation, are filed at FERC and undecided.

Outlook

MISO asked FERC to rule by 19 October 2026 on changes to its legacy generation queue and by 2 December 2026 on the joint load and generation study, so the first study window can open in early 2027. Its broader response to the show-cause order is due in mid-November 2026, and the plant fast track closes on 31 August 2027.

States: AR, IA, IL, IN, KY, LA, MI, MN, MO, MS, MT, ND, SD, TX, WIResearch confidence: High

MISO: full entry, every item and its source →

  1. Grid operatorOct 2026Pending
    Large Load Addition Resource Study (LARS)

    Filed at FERC on 2 October 2026. Loads above 200 MW paired with new generation in the same resource zone would be studied together in 120 days, with up to 10 applications in each of three study periods a year, non-refundable deposits, and the pairing locked for at least 15 years. Load and generator must both be in service within three years of applying. MISO asked for a decision by 2 December 2026.

    utilitydive.com
  2. Grid operatorSep 2026Pending
    Legacy generation queue acceleration

    MISO asked FERC on 21 September 2026 to approve changes to its last legacy queue process, covering about 71 GW of generation, and requested an order by 19 October 2026. At least one independent power producer has objected that the changes shift risk onto developers.

    mgrid.org
  3. Grid operatorAug 2026Pending
    Zero-injection interconnection agreement (ZGIA)

    Filed at FERC on 18 August 2026. Generation that serves a large load at the same substation and voltage, is no larger than the load and needs no network upgrades beyond the substation would get a 90-day review. Utilities, Google and clean energy groups filed in support on 8 September; environmental groups asked FERC to send it back over cost-shift and reliability concerns. No ruling yet.

    utilitydive.com
  4. Grid operatorJul 2026Pending
    FERC large-load show-cause order (EL26-70)

    In its 20 July 2026 report MISO told FERC it is resource adequate for now but that new large-load demand requires new tools, and pointed to the zero-injection and joint-study filings as its first responses. Its large load working group meets through November 2026.

    climatesolutionslaw.com
  5. Grid operatorMay 2026In force
    Expedited Resource Addition Study (ERAS)

    A temporary fast track that can give a new power plant an interconnection agreement in months. It is capped at 68 projects and ends 31 August 2027. After the fourth cycle, announced 27 May 2026, 47 projects of nearly 28 GW had been accepted; gas was 83 percent of that cycle, and the largest project is Entergy Louisiana's 1,531 MW plant for Meta's data center.

    modoenergy.com
  6. Grid operatorApr 2026In force
    2026/2027 capacity auction

    Results of 28 April 2026: summer cleared at $424.30 per MW-day in zones 1 to 7 (down from $666.50 a year earlier) and at $384.10 to $412.10 in the southern zones; the annualized price in zones 1 to 7 is $126.19, down from about $217. All four seasons cleared above reserve targets. About 92 percent of load-serving entities secured their capacity outside the auction.

    enelnorthamerica.com
  7. Grid operatorApr 2026In force
    Long-term load forecast

    MISO's April 2026 forecast has peak load rising from 121 GW in 2025 to 163 GW by 2035, a 35 percent increase, with 8 to 14 GW of data centers expected online in 2026 and 2027. MISO says faster resource additions are still needed.

    enelnorthamerica.com

SPP

Moderate → SteadyMost complete large-load toolkit of any grid operator, already in force5 items
3in force
1pending
15states
30.0 GWin the queue
0.5xqueue to peak load
2 November 2026reviewed
Regulation2.6 / 5
  1. Queue process3

    The HILL process, FERC-approved January 14, 2026, is a formal study for loads of 50 MW or more with forecast, disconnect and ride-through requirements.

  2. Cost allocation2

    The HILL rules (January 2026) impose equipment and forecast duties but no collateral or minimum term is described in the file.

  3. Curtailment3

    CHILLS (effective July 1, 2026) lets a load connect early on curtailable service, and HILL loads must have remote disconnect capability.

  4. On-site generation2

    The HILLGA study (January 2026) gives paired generation within two substations a defined 150-day review, so co-location is allowed and relatively simple.

  5. Available capacity3

    SPP's July 20, 2026 report shows a 7.06 percent summer 2026 accredited reserve margin; loads connect early only on curtailable CHILLS service (July 1, 2026).

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueMar 2026
30.0 GWrequested
7.0 GWapproved or contracted
58.0 GWpeak load

SPP publishes no running HILL queue total. Stakeholders submitted ~30 GW of new large loads for the 2026 ITP (11 GW in 2025 ITP); cumulative 100 MW+ requests since 2020 ~26.4 GW with ~7 GW in executed service agreements. HILL process FERC-approved Jan 2026. SPP 2026 ITP futures: peak 91 GW (Future 1) to 110 GW (Future 2) by 2035 vs 56 GW record peak (Aug 2023); SPP Oct 2025 slide shows 75 GW base and 105 GW including spot loads modoenergy.com Pace: Not found. SPP Aug 2026 status update to MO PSC gives HILL requests (11 requests, 3,871 MW; 568 MW added to service agreements) and no energized figure; SPP blog and Modo give pipeline only.

  • SPP large load requests (CES byline citing SPP) ~26.4 GW of 100 MW+ load interconnection requests since 2020 incl. 9 GW data centers; ~6 GW received in 2024 alone; only ~7 GW reached executed service agreements (service dates 2021-2027) Apr 2026 ces-ltd.com
  • SPP status update to Missouri PSC (Missouri HILL summary) 11 HILL requests in Missouri, 3,871 MW (7 AQ requests 2,618 MW, 4 AX requests 1,253 MW); 568 MW in service agreements (2 requests), 725 MW in study (5 requests), 2,578 MW pending; 650 MW identified as data center load, 1,968 MW undisclosed Aug 2026 psc.mo.gov
  • SPP to Missouri PSC reliability panel SPP peak today 56 GW; latest 2026 ITP 75 GW; 2026 ITP forecast including spot loads 105 GW; HILL approved by Board Sept 4, 2025 Oct 2025 psc.mo.gov
  • Evergy (Kansas/Missouri) ~2.5 GW signed ESAs across five data center projects (~3 GW incl. other large customers; 1.3 GW operating or near steady state, 1.7 GW under contract); 2 to 2.5 GW expansion plus 1 to 2 GW Tier 2 in advanced talks; remaining pipeline over 10 GW Aug 2026 marketbeat.com
  • FERC order on SPP HILL (Troutman) SPP told FERC nearly 6 GW of HILLs requested interconnection in 2024; HILL effective Jan 15, 2026 (Docket ER26-247) Jan 2026 troutmanenergyreport.com

SPP is the only grid operator with FERC-approved large-load rules already operating: a defined study process for loads of 50 MW or more, a 150-day study for generation built next to them, and a curtailable service that lets a load connect before firm upgrades are finished. FERC used SPP's 50 MW definition as the model for its national show-cause orders. SPP has told FERC its existing framework largely answers the order. The summer of 2026 still brought federal emergency orders for the region.

Outlook

SPP plans to file a price-responsive load product on or before 16 November 2026 and is refining curtailment rules for its interim service. Its own show-cause response is due 20 November 2026, four days after the other operators, and FERC must then decide whether SPP's existing rules satisfy the order.

States: AR, CO, IA, KS, LA, MN, MO, MT, ND, NE, NM, OK, SD, TX, WYReviewed 2 November 2026Research confidence: Medium

SPP: full entry, every item and its source →

  1. Grid operatorAug 2026Expired
    Department of Energy emergency orders for SPP

    Orders 202-26-36 and 202-26-37 (20 July to 10 August 2026) authorized SPP to dispatch units beyond normal limits and call on backup generation as a last resort during summer heat.

    energy.gov
  2. Grid operatorJul 2026In force
    Conditional High Impact Large Load Service (CHILLS)

    Effective 1 July 2026. A large load can take curtailable transmission service and connect on available capacity while firm upgrades are built. Refinements to commitment sequencing and curtailment ramp rates are in development.

    climatesolutionslaw.com
  3. Grid operatorJul 2026Pending
    FERC large-load show-cause order (EL26-68)

    SPP told FERC in July 2026 that its existing framework already covers large-load resource adequacy and that no immediate overhaul is needed. It is developing a Price Adaptive Load product with a FERC filing targeted on or before 16 November 2026. SPP's show-cause response itself is due 20 November 2026, four days after the other five operators, with answers due 21 December.

    climatesolutionslaw.com
  4. Grid operatorJan 2026In force
    High Impact Large Load (HILL) process and paired-generation study (HILLGA)

    FERC approved both on 14 January 2026, effective the next day. A HILL is a new or expanded load of 50 MW or more above 69 kV, or 10 MW or more at 69 kV or below; it must provide added forecasts, remote disconnect capability, phasor measurement units and ride-through. The optional HILLGA study takes 150 days for generation within two substations of the load, which must be in commercial operation within five years.

    wrightlaw.com
  5. Grid operatorJul 2025In force
    Expedited Resource Adequacy Study (ERAS)

    A one-time fast track for new generation that utilities need for reliability, approved by FERC in July 2025. As of July 2026 it held 36 active requests totaling about 13.3 GW, with interconnection agreements expected to be signed in September 2026.

    climatesolutionslaw.com

ERCOT

Substantial ↑ TighteningLarge-load study paused for a governor-ordered audit until at least December7 items
4in force
2pending
1states
474.0 GWin the queue
5.2xqueue to peak load
2 November 2026reviewed
Regulation3.8 / 5
  1. Queue process5

    The governor's August 3, 2026 audit directive put Batch Zero and energization of new data center loads on hold until at least December 10, 2026.

  2. Cost allocation3

    SB 6 (June 2025) sets a 75 MW regime of fees and security; the June 2026 full-cost directive awaits legislation per the PUCT's July 17, 2026 reply.

  3. Curtailment4

    SB 6 (June 2025) makes 75 MW loads disclose backup generation and accept mandatory curtailment in grid emergencies, with no penalty terms stated.

  4. On-site generation3

    SB 6 (June 2025) requires review of co-location with existing plants, and the audit directive covers power sourcing for every queued data center.

  5. Available capacity4

    ERCOT's August 2026 notice halts Batch Zero and energization of new large data center loads until the audit ends in mid-December 2026, with 470 GW queued.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueSep 2026
474.0 GWrequested
9.5 GWapproved or contracted
4.1 GWenergized
735requests
91.1 GWpeak load
1.9 GW a yearrecent pace
244 yearsof queue at that pace

474 GW tracked as of June 2026 (Senate deck). Batch Zero Sept 2026 classification: 66.4 GW base (204 projects), 127.9 GW studied (158), 302.2 GW excluded (373). Approved to energize 9,456 MW; ~4.1 GW operational Sept 2026. Audit due Dec 10, 2026. ERCOT preliminary long-term load forecast (Apr 15, 2026) projects ~367,790 MW of demand in the ERCOT region by 2032 vs 85,508 MW all-time peak; ERCOT cautions it may be inflated ercot.com Pace: Growth in large load with ERCOT Approval to Energize, 6,874 MW (May 2025) to 9,456 MW (Sep 2026), about 1,940 MW a year; Jan to Sep 2026 alone ran at about 890 MW a year under the August 2026 approvals pause ercot.com

  • ERCOT Senate Committee briefing (June 2026 figures) ~474 GW of large loads seeking interconnection, ~90% data centers; ~205 GW preliminarily eligible for Batch Zero as of July 28, 2026 Jul 2026 ercot.com
  • ERCOT Monthly Operational Overview (September 2026) 9,456 MW approved to energize; 4,132 MW non-simultaneous peak consumption observed Sept 2026 (operational approved load) Sep 2026 ercot.com
  • ERCOT LLWG (March 2026, via ZeroEmissionGrid summary) Queue ~238 GW plus 137 new requests (~140 GW) = ~380 GW; only ~2,168 MW approved to energize and ~5,878 MW planning studies approved in prior 12 months Mar 2026 zeroemissiongrid.com
  • Governor Abbott audit (Utility Dive) ~474 GW queue, ~90% data centers; approvals to energize paused for 75 MW+ data centers and crypto from Aug 3, 2026; ~300 data centers (~49.8 GW) under audit Aug 2026 utilitydive.com

ERCOT has about 474 GW of large-load requests, roughly 90 percent of them data centers and more than five times its record peak. Senate Bill 6 of 2025 set a 75 MW threshold with disclosure and emergency curtailment duties, and ERCOT built a one-time batch study, Batch Zero, to sort the queue. On 3 August 2026 the governor ordered an audit of every data center in the queue, and ERCOT paused the study and the energization of new data center and crypto loads until it is done.

Outlook

ERCOT's verification and community impact reports are due to the Public Utility Commission by 10 December 2026, for discussion at the commission's 17 December open meeting, with final Batch Zero classifications expected that month and the April 2027 study date in doubt. ERCOT's July 2026 figures showed 9,456 MW of large loads approved to energize and 17 loads totaling 6,608 MW awaiting energization. The Legislature convenes in January 2027 and the commission is expected to ask for more authority over data centers.

States: TXReviewed 2 November 2026Research confidence: Medium

ERCOT: full entry, every item and its source →

  1. Grid operatorOct 2026In force
    Large-load energization and utilization figures

    ERCOT's July 2026 operations report, cited by Forbes on 13 October 2026, showed 9,456 MW of large loads approved to energize against an observed July peak of 4,370 MW, or 46 percent of approved capacity. Seventeen data center and crypto loads totaling 6,608 MW of peak demand over five years had completed ERCOT's processes and were awaiting energization, and about 18 percent of 290 dynamic models reviewed were acceptable on first review. ERCOT's verification and community impact reports go to the Public Utility Commission on 10 December 2026 for discussion at its 17 December open meeting.

    forbes.com
  2. Grid operatorSep 2026In force
    Audit timetable and further information requests

    ERCOT said in early September 2026 that it intends to finish the data center audit by 10 December 2026 and will send a report to the Public Utility Commission a week before that month's open meeting. First information requests went out in late August and early September, and ERCOT said more rounds may follow in October and November. About 300 planned data centers are covered. Batch Zero and new large-load connections stay on hold until the audit is done.

    datacenterdynamics.com
  3. Grid operatorSep 2026Pending
    Batch Zero status after the pause

    As of ERCOT's mid-September 2026 board update, 362 large loads were provisionally in the study: 204 base-case projects of 66.4 GW and 158 studied projects of about 125 GW, with 373 projects of 302 GW excluded. Final classification moved from 7 August to December 2026, the effect on the 9 April 2027 study deadline is undetermined, and energization of new large data center and crypto loads is paused until the audit and community impact review finish.

    ercot.com
  4. Grid operatorAug 2026In force
    Governor's audit directive for data centers in the ERCOT queue

    The 3 August 2026 letter requires verification of all data centers in the interconnection process before any more advance, covering incentives, power sourcing, water, community impact and ownership; projects found in violation are to be denied connection and loads that do not respond are classed ineligible. ERCOT is sending mandatory information requests to Batch Zero loads and to about 8,766 MW of loads between 25 and 75 MW. ERCOT asked the Public Utility Commission for deadline waivers on 10 August, and its long-term load forecast is delayed.

    gibsondunn.com
  5. Grid operatorJul 2026Pending
    Direction that data centers pay full infrastructure cost

    In June 2026 the governor directed that data centers bear the full cost of the lines, substations and upgrades built for them. The Public Utility Commission chair replied on 17 July 2026 that the commission had acted within its existing authority but that comprehensive regulation needs new legislation.

    troutman.com
  6. Grid operatorJan 2026Expired
    Department of Energy emergency order for ERCOT

    Order 202-26-01 of 24 January 2026 authorized ERCOT to direct backup generation at data centers and other large sites to run as a last resort before load shedding during the winter storm, through 27 January.

    energy.gov
  7. Grid operatorJun 2025In force
    Senate Bill 6 large-load law

    Signed in June 2025. Loads of 75 MW or more must disclose on-site backup generation to ERCOT and can be curtailed in grid emergencies. ERCOT's Batch Zero study applies the same 75 MW threshold.

    troutman.com

CAISO

Light → SteadyBoard-approved 50 MW framework with curtailable interim service goes to FERC in November5 items
1in force
2pending
2states
23.3 GWin the queue
0.5xqueue to peak load
2 November 2026reviewed
Regulation1.6 / 5
  1. Queue process1

    Utilities handle large loads today; CAISO's 50 MW framework was board-approved October 28, 2026 but is not in force until FERC accepts the November filing.

  2. Cost allocation1

    No large-load collateral or capacity charge exists at the grid operator level.

  3. Curtailment1

    No curtailment obligation is in force; the curtailable interim service approved by the board October 28, 2026 goes to FERC by November 16, 2026.

  4. On-site generation3

    FERC's June 18, 2026 order found the tariff inadequate for co-located loads, so co-location proceeds under review pending the November filing.

  5. Available capacity2

    CAISO holds a 2.5 GW surplus (July 20, 2026), but PG&E had executed agreements for only 490 MW of a 12.7 GW pipeline and plans 1.8 GW by 2030 (July 24, 2026).

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueDec 2025
23.3 GWrequested
5.1 GWapproved or contracted
51.1 GWpeak load

CEC tally of data center capacity requests reported by utilities in the CAISO area as of Dec 2025: 5,086 MW signed agreements, 9,587 MW active applications, 8,604 MW inquiries; CAISO itself keeps no large load queue. CEC 2025 IEPR: data center load in the CAISO balancing area grows 1.8 GW by 2030 and 4.9 GW by 2040; CAISO is studying 4.5 GW of data centers in the 2025-2026 transmission plan energy.ca.gov Pace: Not found as a period figure. CEC data center methodology memo (Apr 2026) puts existing data center peak demand at approximately 1,000 MW as of Dec 2025, with 2024 baseline also ~1,000 MW; 2025 increment is forecast (413 MW), not measured.

  • PG&E 12.7 GW data center pipeline, of which 490 MW with executed interconnection agreements and 3.9 GW in final engineering; expects 1.8 GW of new data center load served by 2030 Jul 2026 utilitydive.com
  • PG&E 174 MW of new data center projects energized since 2024 Oct 2026 sec.gov
  • SCE almost 4.8 GW of pre-operational transmission-connected data center requests through 2035 (no transmission-connected data center yet operational); a 1.3 GW Riverside County request withdrawn Mar 2026 newprojectmedia.com
  • CAISO 4.5 GW of data centers under study in the 2025-2026 transmission planning process Feb 2026 caiso.com

CAISO reports no supply shortfall and modest data center growth compared with other regions. FERC nonetheless found in June 2026 that its tariff offers large loads essentially only firm service. CAISO's answer is two flexible interconnection options for loads of 50 MW or more, one interim and one permanent, which the investor-owned utilities would then have to write into their own tariffs. California's utility tariff and state law changes sit outside the grid operator.

Outlook

The Board of Governors approved the large-load framework on 28 October 2026 with a single flexible interim interconnection service and dropped the permanent flexible option; the tariff filing is due at FERC by 16 November 2026, and FERC then decides whether it satisfies the June show-cause order. PG&E, Southern California Edison and San Diego Gas & Electric must file conforming terms before any customer can take the new service, and the permanent flexible service and proximate load and generation arrangements go to future stakeholder processes.

States: CA, NVReviewed 2 November 2026Research confidence: Medium

CAISO: full entry, every item and its source →

  1. Grid operatorOct 2026Approved
    Large loads draft final proposal

    CAISO posted the draft final proposal and draft tariff language on 24 September 2026, held a stakeholder meeting on 1 October and a virtual meeting on the tariff language on 19 October, with written comments due 15 October 2026. The board approved the proposal on 28 October 2026 and the tariff filing goes to FERC by 16 November.

    caiso.com
  2. Grid operatorOct 2026Approved
    Board approval of the large-load framework

    The CAISO Board of Governors approved the large-load proposal on 28 October 2026. It defines a large load as an end user at a single site with a peak of 50 MW or more, creates a Flexible Interim Load Interconnection service that lets a load connect subject to enforceable curtailment until network upgrades are complete, opens a monthly window for reviewing transmission additions tied to large loads outside the annual plan, requires hourly forecasts and telemetry, and lets the ISO work with transmission owners to disconnect large loads remotely to protect reliability. The permanent flexible option from the August straw proposal was dropped, and a PG&E request for a 20 MW threshold was declined for now. CAISO will file the tariff language at FERC by 16 November 2026.

    publicpower.org
  3. Grid operatorAug 2026Proposed
    Large load straw proposal: flexible interconnection

    Published 12 August 2026. A large load is defined as an end user at a single site with a peak of 50 MW or more. One option lets a load connect at a curtailable level while network upgrades are built and then convert to firm service; a second, permanent option would let a load that stays curtailable avoid funding or waiting for upgrades. The draft final proposal of 24 September dropped the permanent option, and the board approved the single interim service on 28 October 2026.

    mgrid.org
  4. Grid operatorAug 2026Pending
    FERC large-load show-cause order (EL26-71)

    FERC's 18 June 2026 order preliminarily found CAISO's tariff inadequate for large and co-located loads. CAISO moved for abeyance on 3 August; FERC granted 90 days and set 16 November 2026 for the tariff filing.

    capacityglobal.com
  5. Grid operatorJul 2026In force
    Resource adequacy report to FERC

    CAISO told FERC on 20 July 2026 that it has added about 36,000 MW since 2020 and holds a surplus of more than 2.5 GW above the reliability standard. The California Energy Commission forecasts data center load growth of 1.8 GW by 2030 and 4.9 GW by 2040.

    climatesolutionslaw.com

NYISO

Light ↑ TighteningTariff found inadequate; reliability gap forecast from 2031 in New York City4 items
0in force
3pending
1states
12.0 GWin the queue
0.4xqueue to peak load
2 November 2026reviewed
Regulation2.0 / 5
  1. Queue process2

    Loads above 10 MW at 115 kV already go through NYISO study, but FERC found June 18, 2026 there is no large-load definition or standard procedure.

  2. Cost allocation1

    No collateral, minimum term or capacity charge for large loads is in force; the seasonal capacity market comes in 2027.

  3. Curtailment1

    No curtailment or capacity-matching obligation is in force; assigning resource deficiencies to large loads is a March 2027 proposal.

  4. On-site generation3

    FERC's June 18, 2026 order found no co-location rules, so co-location proceeds under review pending NYISO's November 2026 response.

  5. Available capacity3

    NYISO's 2026 Q2 STAR confirms a 184 to 201 MW Lower Hudson Valley deficiency from 2029, driven by New York City and Long Island; solutions sought Aug 20, 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueMar 2026
12.0 GWrequested
500 MWenergized
48requests
31.9 GWpeak load

48 large load proposals totaling about 12 GW in the NYISO queue as of Dec 31 2025 (6 projects, 1 GW in 2022); over 8 GW entered in 2025 alone; NYISO says it cannot predict how many get built. NYISO 2026 RNA assumes 1,211 to 4,113 MW of large load demand by 2036 (2025 page said 2,500 to 4,000 MW by 2035) nysrc.org Pace: Not found. NYISO 2026 ICAP peak load forecast carries 538 MW of large load for summer 2026 (National Grid 306, NYPA 160, O&R 72) as forecast, not energized; Gold Book update and queue pages give queue (11.9 GW) only.

  • NY PSC (Case 26-E-0045) 11.9 GW of prospective large load in the NYISO queue as of Feb 2026; more than 8.3 GW entered in 2025 Feb 2026 rtoinsider.com
  • NYISO MMU State of the Market over 12 GW of large load projects in the queue as of March 2026; about 500 MW of large loads (mostly crypto) entered service in the past decade; most queued loads do not plan onsite generation or flexible operation Mar 2026 nysrc.org
  • NYISO (prior figure) 29 large load projects, nearly 6,055 MW, as of July 2025 Jul 2025 nyiso.com

FERC found in June 2026 that NYISO's load connection procedures are only partly in its tariff and lack rules for large-load studies, cost responsibility, co-location and flexible service. NYISO's own preliminary 2026 assessment shows a possible statewide reliability violation from 2033 and New York City needs as early as 2031. It is considering making large loads responsible for the resource shortfalls they cause. State permitting limits on large data centers are a separate matter covered under New York.

Outlook

NYISO's show-cause response is due 16 November 2026, but it has said it aims to file its large-load package by December 2026 after committee review in November and board approval in December; a separate filing on resource adequacy responsibility is targeted for about March 2027. The capacity market moves to a seasonal design in 2027.

States: NYReviewed 2 November 2026Research confidence: Medium

NYISO: full entry, every item and its source →

  1. Grid operatorJul 2026Proposed
    Resource adequacy plan for large loads

    In its July 2026 report to FERC, NYISO said its preliminary 2026 Reliability Needs Assessment shows a possible statewide deficiency of more than 1,800 MW from 2033 and New York City needs as early as 2031. It is considering assigning responsibility for resource deficiencies to the large loads that cause them and a faster study path for resources that meet a reliability need, with a tariff filing around March 2027.

    climatesolutionslaw.com
  2. Grid operatorJul 2026Pending
    Capacity market changes

    NYISO told FERC it will move to a seasonal capacity market in 2027, is changing accreditation to reflect fuel constraints in 2026, and is revising how it resets capacity demand curves.

    climatesolutionslaw.com
  3. Grid operatorJun 2026Pending
    FERC large-load show-cause order (EL26-69)

    The 18 June 2026 order found four gaps: no adequate definition of a large load, unclear application and study procedures, thin operating requirements and no standard service agreement. Today loads above 10 MW at 115 kV or higher, or 80 MW and up at lower voltage, go through NYISO study. FERC said studies should take no more than 60 to 90 days. NYISO's response is due 16 November 2026, but NYISO told FERC in June that it aims to file its reform package by December 2026 after committee and board approval.

    akingump.com
  4. Grid operatorJan 2026Expired
    Department of Energy emergency order for NYISO

    Order 202-26-08 of 26 January 2026 directed all units to run at maximum output through 2 February during the winter storm.

    energy.gov

ISO-NE

Minimal ↑ TighteningPlans to require new large loads to bring new generation5 items
0in force
4pending
6states
395 MWin the queue
0.0xqueue to peak load
2 November 2026reviewed
Regulation1.4 / 5
  1. Queue process1

    No special large-load rules are in force; ISO-NE's tariff filing is planned for November 16, 2026.

  2. Cost allocation1

    No collateral or capacity charge for large loads exists; the prompt seasonal auction is targeted for May 2028.

  3. Curtailment1

    No curtailment obligation is in force; interim curtailable service for up to seven years is proposed for the November 16, 2026 filing.

  4. On-site generation2

    Nothing restricts co-location today, though the proposal for the November 16, 2026 filing would require new large loads to bring new capacity.

  5. Available capacity2

    ISO-NE's July 20, 2026 report cites healthy reserve margins and under 300 MW in study but names winter gas pipeline limits and large-load tariff gaps.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueMay 2026
395 MWrequested
285 MWapproved or contracted
2requests
25.9 GWpeak load

ISO-NE counts only projects of 20 MW or more with formal transmission study agreements: two projects, 285 MW at most, in formal study (CELT May 2026); 395 MW preliminary nameplate pipeline 2026-2040 in Feb 2026, to be derated up to 50%. 2026 CELT: large loads add about 110 MW to summer and winter peak in the 2030s and about 130 MW in the 2040s, with no system impact before winter 2027/2028 isonewswire.com Pace: ISO-NE 2026 large load forecast: zero peak impact for the upcoming summer through summer 2027 and winter 2026/27; under 300 MW in formal study, nothing under construction. No in-service MW published.

  • ISO-NE (Feb 2026 forecast kickoff) 395 MW preliminary nameplate large load pipeline 2026-2040; a couple hundred MW in formal study per transmission owners Feb 2026 iso-ne.com
  • ISO-NE (July 2026 update) only a few projects in formal study (<300 MW); 110-130 MW peak impact by 2030s-2040s; about 800 GWh per year 2030-2035 Jul 2026 iso-ne.com

New England has seen little large-load growth and has a comfortable supply margin, so ISO-NE has no special large-load rules in force. In answer to FERC's June 2026 order it has said it expects to require new large loads to bring their own new generation and to leave them out of the capacity requirement it buys for the region, so that existing customers do not pay for them. FERC granted a 90-day pause on 14 August 2026.

Outlook

ISO-NE and its transmission owners will file under section 205 by 16 November 2026, with the application and study processes proposed to start on 1 June 2027 and the detailed bring-your-own-new-capacity rules developed through 2027 in a stakeholder process. The seasonal capacity market proposal is to be filed by the end of 2026, with the first prompt, seasonal auction targeted for May 2028.

States: CT, MA, ME, NH, RI, VTReviewed 2 November 2026Research confidence: Medium

ISO-NE: full entry, every item and its source →

  1. Grid operatorOct 2026Proposed
    Bring-your-own-new-capacity requirement

    ISO-NE told FERC in July 2026 that it proposes to require new large loads to bring new generation, modeled on SPP's interim service rules, and to exclude them from the Installed Capacity Requirement that sets capacity auction demand. Since September 2026 the requirement is called bring your own new capacity: a load must designate enough new capacity resources to get firm service and takes interim curtailable service until they operate. The 16 November 2026 filing gives notice of both; the detailed 2027 scope was discussed with stakeholders on 27 October 2026.

    climatesolutionslaw.com
  2. Grid operatorOct 2026Proposed
    Large-load proposal terms for the 16 November filing

    ISO-NE's proposal summary, updated 26 October 2026, defines a large load as a customer at a single site with gross peak demand of 50 MW or more connecting above 60 kV, with existing loads entering the category on an increase of 5 MW or more. Large loads must bring their own new capacity to obtain firm service and take interim curtailable service until that capacity is in commercial operation, for up to seven years or until their network upgrades are built; they are excluded from the Installed Capacity Requirement. Applications are studied serially in 90 days, with up to 120 more days if a cluster study is needed, and carry a $50,000 application fee, a $150,000 study deposit and a $10,000 per MW commercial readiness deposit. The application and study processes are proposed to take effect 1 June 2027.

    iso-ne.com
  3. Grid operatorAug 2026Pending
    FERC large-load show-cause order (EL26-72)

    FERC issued the order on 18 June 2026 and granted a 90-day abeyance on 14 August. ISO-NE plans a section 205 tariff filing on 16 November 2026 covering the five reform areas FERC named, after a stakeholder process.

    iso-ne.com
  4. Grid operatorJul 2026Pending
    Capacity auction reform

    ISO-NE is moving from a three-year-forward auction to a prompt, seasonal capacity market. Its 2027 work plan, issued 22 October 2026, says the seasonal auction and accreditation proposal will be filed at FERC by the end of 2026 for implementation in the second quarter of 2027, with summer and winter auctions held in 2028, the first targeted for May 2028. It describes its supply position as long, with healthy reserve margins.

    climatesolutionslaw.com
  5. Grid operatorJan 2026Expired
    Department of Energy emergency order for ISO-NE

    Order 202-26-03 of 25 January 2026 directed units to run at maximum output during the winter storm; it was extended to 14 February.

    energy.gov

TVA

Moderate → SteadyData centers moved to their own higher rate from October 20264 items
4in force
0pending
7states
Regulation2.6 / 5
  1. Queue process3

    TVA's board approved an item on loads above 100 MW on August 20, 2026, keeping a formal board vote for each such load.

  2. Cost allocation4

    The separate data center class effective October 1, 2026 raises bills about 10 percent and charges about $1.5 million per MW upfront on new loads above 5 MW.

  3. Curtailment1

    The file records no curtailment or capacity-matching obligation; TVA's answer is the October 1, 2026 capacity commitment charge instead.

  4. On-site generation2

    Co-location and own power are not addressed in TVA's August 20, 2026 actions, so nothing at the grid level restricts them.

  5. Available capacity3

    TVA's August 20, 2026 resource plan needs 11 to 32 GW by 2040 with 4,120 MW under construction; loads above 5 MW pay a capacity charge from October 1, 2026.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueJun 2026
1.2 GWenergized
35.3 GWpeak load

TVA publishes no large load queue or request total. Best figure: existing data center demand 1,200 MW and 9,156 GWh (2025), up from 6,732 GWh in 2024. Tried board press releases, investor webcasts, June 2026 investor briefing, trade press; none give requested or contracted MW. TVA expects data center load to double by 2030; 2026 IRP (approved Aug 20, 2026) needs 11 to 32 GW of new capacity through 2040; weather-normalized peak CAGR 2.02% FY26-29, ~2%/yr demand growth next five years s205.q4cdn.com Pace: Not found. TVA FY25 release, Q1 and Q3 FY26 webcasts and Aug 2026 board release cite data processing sector sales growth and a 2030 doubling, no MW connected; press cites 18% of industrial load in 2025 (share, not MW).

  • TVA Board, Aug 20, 2026 (FY27 budget, 2026 IRP, data center rate) New wholesale rate for loads above 100 MW effective Oct 1, 2026 (~10% premium phased over three years per press); 4,120 MW new TVA-owned capacity funded plus 3,000 MW under evaluation; $13B+ capex through FY29 Aug 2026 s205.q4cdn.com
  • TVA Q1 FY2026 investor webcast (CEO Don Moul) Data center demand 18% of industrial load in 2025, projected to double by 2030; ~2%/yr energy demand growth next five years Feb 2026 s205.q4cdn.com
  • IIR (Industrial Info Resources) on TVA territory 1,340 to 1,364 planned data centers across TVA's seven states worth ~$912B to $1T (IIR database, not TVA queue; many will slip or cancel) Jul 2026 industrialinfo.com

TVA's board voted on 20 August 2026 to move data centers out of the manufacturing rate class into their own class, with an average bill increase of about 10 percent and an upfront capacity charge on new or expanding sites. The change took effect on 1 October 2026 and TVA tied it to signing the federal Ratepayer Protection Pledge. The board also acted on an item covering loads above 100 MW. No formal pause on new data center requests was found.

Outlook

The rate increase phases in over three fiscal years. TVA's 2026 resource plan says the region needs 11 to 32 GW of added capacity by 2040, so how quickly TVA can serve new requests depends on its build program.

States: AL, GA, KY, MS, NC, TN, VAResearch confidence: Medium

TVA: full entry, every item and its source →

  1. Grid operatorOct 2026In force
    Data center rate class

    Approved 20 August 2026 and effective 1 October 2026 for new and existing facilities. Data centers leave the manufacturing class for a separate class with four tiers by contract demand; TVA's finance chief expects an average bill impact of about 10 percent, phased in over three fiscal years. Residential rates are unchanged.

    256today.com
  2. Grid operatorOct 2026In force
    Capacity commitment charge

    New or expanding data center loads above 5 MW pay a capacity commitment charge of about $1.5 million per MW, spread over three to five years.

    256today.com
  3. Grid operatorAug 2026In force
    Board action on loads above 100 MW and the Ratepayer Protection Pledge

    The board's 20 August 2026 agenda included an approved item titled Load Greater than 100 megawatts; the release gives no terms. TVA also said it had signed the Ratepayer Protection Pledge.

    s205.q4cdn.com
  4. Grid operatorAug 2026In force
    2026 Integrated Resource Plan and build program

    The board approved a resource plan that projects a need for 11 to 32 GW of additional capacity by 2040. The fiscal 2027 budget plans more than $13 billion through fiscal 2029, with 4,120 MW of new TVA-owned capacity under construction and 3,000 MW under evaluation.

    s205.q4cdn.com

Southeast utilities

Light ↑ TighteningState commissions, not a grid operator, set the terms here6 items
3in force
1pending
6states
73.1 GWin the queue
4.3xqueue to peak load
2 November 2026reviewed
Regulation2.2 / 5
  1. Queue process2

    Georgia Power handles large loads with commission staff review of each 100 MW contract (terms in force as of March 2026); no grid operator process exists.

  2. Cost allocation3

    Georgia Power's 100 MW customers sign 15-year contracts and pay transmission up front; FERC approved Duke's 75 percent, 15-year transmission terms 9 Oct 2026.

  3. Curtailment1

    No curtailment or capacity-matching obligation is in force; the 2026 Duke emergency orders have expired.

  4. On-site generation2

    Co-location and own power are not addressed at the regional level and are left to state commissions.

  5. Available capacity3

    Georgia Power reported 11 GW committed and a 24.4 GW pipeline for winter 2028/2029 (Q3 2025); Duke needed four emergency orders in 2026; no formal cap exists.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueMar 2026
73.1 GWrequested
12.4 GWapproved or contracted
31requests
17.0 GWpeak load
500 MW a yearrecent pace
146 yearsof queue at that pace

Georgia Power Q1 2026 Large Load Economic Development Report: 73,100 MW large load pipeline through the mid-2030s (76,200 MW all projects), 12,400 MW committed across 31 customers, 21 broken ground, 10 online; pipeline is unscreened and churns (12,600 MW in, 2,900 MW out in Q1). Georgia Power: 23,600 MW of large load pipeline and 7,800 MW of committed load by winter 2028/2029; Southern Co. system contracted large load over 17 GW by the mid-2030s services.psc.ga.gov Pace: Proxy: Southern Company (Georgia Power, Alabama Power, Mississippi Power) system-wide data center load exceeded 1.2 GW in Q2 2026, an increase of more than 500 MW over the prior year, per Q2 2026 call. earningswhispers.com

  • Georgia Power 73,100 MW large load pipeline; 12,400 MW committed (31 customers, 8,500 MW broken ground); 3,200 MW more committed in April 2026 not yet counted Mar 2026 services.psc.ga.gov
  • Southern Company (system) over 17 GW contracted large load by mid-2030s (6 GW added in Q2, incl. 3.2 GW OpenAI with Georgia Power); pipeline well above 75 GW; data center load exceeds 1.2 GW Jul 2026 fool.com
  • Dominion Energy Virginia more than 54 GW of data center capacity in various stages of contracting as of Q3 2026, more than 12 GW under electric service agreements; up more than 6 GW (13%) since the end of 2025 Oct 2026 thecerbatgem.com
  • Duke Energy 7.8 GW of data center electric service agreements signed; 15.4 GW late-stage large load pipeline expected to convert by 1H 2027, mostly Florida and Indiana Aug 2026 nasdaq.com
  • FPL forecast raised to 8 GW of data center and other large load demand by 2032 (from 6 GW); first tariff deal expected by end of 2026 Jul 2026 datacenterdynamics.com
  • Georgia Power (prior quarter) Q3 2025 pipeline 50.9 GW, 11 GW committed, 28 customers; 33 data center projects (11,332 MW) removed since 2023 IRP update Sep 2025 utilitydive.com

Outside TVA the Southeast has no grid operator and FERC's show-cause orders do not apply, so terms come from Southern Company and Duke Energy contracts reviewed by state commissions. Georgia Power's prospective large-load pipeline reached about 69 GW in December 2025 and the Georgia commission certified nearly 10,000 MW of new supply to serve it. Duke Energy filed a settlement in North Carolina on 6 October 2026 that would set its first standard large-load terms, including a 75 percent minimum payment. Duke's system needed repeated federal emergency orders in 2026.

Outlook

The North Carolina Utilities Commission could rule on the Duke retail settlement as early as November 2026, after FERC approved Duke Energy Carolinas' large-load transmission terms on 9 October 2026 over a dissent from Commissioner Chang. Georgia Power files quarterly large-load reports and faces a rate case in 2028 when its base rate freeze ends. FERC has invited other utilities outside the organized markets to file large-load transmission terms voluntarily.

States: AL, FL, GA, MS, NC, SCReviewed 2 November 2026Research confidence: Medium

Southeast utilities: full entry, every item and its source →

  1. Grid operatorDuke Energy (North Carolina)Oct 2026Pending
    Duke Energy large-load settlement

    Filed with the North Carolina Utilities Commission on 6 October 2026 by Duke and the Public Staff, with support from Amazon, Microsoft, Google and Meta. It covers customers above 50 MW that run near peak consistently and any customer above 150 MW, and requires payment for at least 75 percent of projected demand each month plus an upfront deposit for dedicated infrastructure.

    axios.com
  2. Grid operatorNorth CarolinaOct 2026Approved
    FERC approval of Duke Energy Carolinas large-load transmission framework (ER26-2691)

    On 9 October 2026 FERC approved, 4 to 1, Duke Energy Carolinas' revised network integration transmission service terms for large loads, filed on 29 May 2026 in ER26-2691. New or transferred loads of 100 MW or more must pay a committed revenue contribution equal to 75 percent of the megawatts in their load schedule each month for 15 years after the related network upgrades enter service, and transmission customers pay a monthly charge for upgrade costs that Duke reimburses with interest once the upgrades are in service. Commissioner Chang dissented over the lack of financial security requirements; Commissioner See concurred. It is the first large-load transmission filing by a utility outside the organized markets since FERC invited them in June 2026.

    utilitydive.com
  3. Grid operatorDuke EnergySep 2026Expired
    Department of Energy emergency orders for Duke Energy

    Duke Energy Carolinas and Progress received orders in January, June, July and September 2026 allowing units to run at maximum output despite permit limits and, in January and September, backup generation to be called as a last resort.

    energy.gov
  4. Grid operatorJun 2026In force
    FERC invitation to utilities outside organized markets

    The June 2026 show-cause orders are directed at the six grid operators and their transmission owners. FERC and Commissioner LaCerte encouraged utilities elsewhere to file their own large-load tariff terms, and a law firm review said the orders may serve as a road map for voluntary reform. Duke Energy Carolinas filed such terms and FERC approved them on 9 October 2026 in ER26-2691.

    hklaw.com
  5. Grid operatorGeorgia PowerMar 2026In force
    Georgia Power large-load terms and pipeline

    Customers of 100 MW or more must sign contracts of at least 15 years and pay transmission costs up front, and commission staff review each contract. Prospective large-load projects grew from about 16 GW in 2023 to about 69 GW in December 2025, roughly 80 percent data centers. Base rates are frozen through 2028 and the company has guaranteed revenue for 2029 to 2031.

    atlantanewsfirst.com
  6. Grid operatorGeorgia PowerDec 2025In force
    Georgia commission certification of nearly 10,000 MW

    In December 2025 the Georgia Public Service Commission unanimously approved nearly 10,000 MW of new supply for Georgia Power, largely for data centers: 58 percent gas and 42 percent batteries and solar. An attempt by two new commissioners to reopen the decision was blocked in February 2026.

    wrdw.com

The West outside California

Light → SteadyTwo day-ahead markets forming; Bonneville's cheap hydro closed to big loads6 items
4in force
2pending
10states
24.0 GWin the queue
2.1xqueue to peak load
Regulation2.2 / 5
  1. Queue process2

    Terms are set utility by utility; Bonneville's transmission queue redesign is pending and its 2001 policy only reprices loads above 10 average megawatts.

  2. Cost allocation3

    Bonneville's New Large Single Load policy (in force since 2001) prices any load adding 10 average megawatts at the higher new-resource rate, not federal hydro.

  3. Curtailment1

    No curtailment or capacity-matching obligation for large loads is in force in the region.

  4. On-site generation2

    Co-location is not addressed regionally; each state and utility decides.

  5. Available capacity3

    The draft Ninth Northwest Power Plan (Aug 13, 2026) says the region needs 11 GW of new generation by 2032; Bonneville's transmission queue is in redesign.

Scored on rules in force, 1 to 5. 5 is the most regulated. Pending rules set the arrow.

Interconnection queueJun 2025
24.0 GWrequested
11.5 GWpeak load

BPA executive interview, June 2025: 24 GW of load requests against 11-12 GW of BPA load; no 2026 BPA tally found (queue reform due late 2026-2027); 65 GW of BPA transmission service requests cited Sep 2025. E3 (Apr 2026): Pacific Northwest builds about 3 GW of data center load by 2030, with a 9 GW regional capacity gap by 2030 and up to 18 GW by 2035 newprojectmedia.com Pace: Not found. BPA FY2025 annual report and NW Council Jan 2026 panel give no MW served; Oregon PUC 2026 POWER Act report says IOU data center load grew ~36%/yr since 2021 (no MW); APS (Q2 2026) reports 4.5 GW committed and C&I sales +12.7%, no MW energized.

  • BPA 24 GW of load requests, about 18 GW data centers, vs 11-12 GW total BPA load; 65 GW of transmission service requests in queue (Sep 2025) Jun 2025 newprojectmedia.com
  • NV Energy roughly 22 GW of large load inquiries and 6 GW of signed large load agreements (84% in northern Nevada) per 2026 IRP Jun 2026 newprojectmedia.com
  • APS 19.0 GW uncommitted queue of potential projects; 2035 forecast peak 12.0 GW vs 8.7 GW in 2025; data centers about 5% of 2025 peak Oct 2026 aps.com
  • Xcel Energy (company-wide, incl. Colorado) expected contracted data center capacity raised from 3 GW to 6 GW; over 2 GW of ESAs signed; about 4 GW high-probability pipeline and over 20 GW of prospects; Colorado large load tariff filed 2Q 2026 Feb 2026 powermag.com
  • Puget Sound Energy 2025 large load requests (>20 MW) equaled almost 50% of PSE's roughly 5,000 MW peak; data center load called speculative Apr 2026 wp.ece.uw.edu
  • Idaho Power 2025 IRP: peak grows about 1,700 MW (45%) by 2045, nearly 1,000 MW in the next five years; no large load request total published Jun 2025 newsdata.com
  • PacifiCorp not found: Oregon PUC POWER Act report and Utah legislative brief give no request totals Sep 2026 oregon.gov

Outside California the West has no single grid operator, so large-load terms are set utility by utility and state by state. Bonneville Power Administration's long-standing rule prices any load that grows by 10 average megawatts in a year at its higher new-resource rate, and its transmission queue is being redesigned after requests far outran the system. Two day-ahead markets are splitting the region: CAISO's began on 1 May 2026 with PacifiCorp, and SPP's is targeted for October 2027 with Bonneville and the Arizona utilities.

Outlook

Portland General Electric was due to join CAISO's day-ahead market in October 2026, with more utilities in 2027 and 2028. SPP's Markets+ is targeted for October 2027. Federal emergency orders keeping Centralia and Craig coal units available run to December 2026 and are under court challenge.

States: AZ, CO, ID, MT, NM, NV, OR, UT, WA, WYResearch confidence: Medium

The West outside California: full entry, every item and its source →

  1. Grid operatorSep 2026In force
    Department of Energy orders holding Centralia and Craig coal units

    Orders renewed in September 2026 keep Centralia Unit 2 in Washington (about 730 MW) available to 11 December and Craig Unit 1 in Colorado (about 446 MW) to 25 December 2026. Washington's attorney general asked the Ninth Circuit on 2 March 2026 to vacate the Centralia order; no court ruling was found.

    powermag.com
  2. Grid operatorBonneville Power AdministrationJul 2026Pending
    Bonneville Grid Access Transformation project

    Bonneville is rewriting how it plans transmission upgrades and grants interconnection and long-term service. A July 2026 law firm review expects it to borrow from the processes FERC is requiring of the grid operators. No final Bonneville decision was found.

    bdlaw.com
  3. Grid operatorMay 2026In force
    Extended Day-Ahead Market (CAISO)

    Went live on 1 May 2026 with PacifiCorp's two balancing areas. Portland General Electric was scheduled for October 2026; the Balancing Authority of Northern California, Los Angeles, Public Service Company of New Mexico and Turlock in 2027; and NV Energy and Imperial Irrigation District in 2028.

    reglobal.org
  4. Grid operatorOct 2025Approved, not yet effective
    Markets+ (SPP)

    SPP's competing day-ahead market is targeted to start in October 2027. Funding participants include Bonneville, Arizona Public Service, Salt River Project, Tucson Electric Power, Puget Sound Energy, Powerex, Tri-State and Public Service Company of Colorado.

    reglobal.org
  5. Grid operatorBonneville Power AdministrationJun 2025Pending
    Bonneville load requests and queue pause

    As of mid-2025 Bonneville reported about 24 GW of load requests, roughly 18 GW of it data centers, against a system load of 11 to 12 GW. It paused its long-term transmission queue earlier in 2025 to redesign planning and entry requirements.

    newprojectmedia.com
  6. Grid operatorBonneville Power AdministrationApr 2001In force
    Bonneville New Large Single Load policy

    Under the Northwest Power Act, a new or expanded load that adds 10 average megawatts or more within 12 months at a public utility cannot be served at Bonneville's priority firm rate and is priced at the higher new-resource rate. A large data center at a public utility district therefore does not get the low-cost federal hydro rate.

    bpa.gov

Which states have a data center moratorium in force?

Four states have a statewide pause in force as of 4 November 2026: New York (Executive Order 62 pauses new permits), Texas (the governor's halt on TCEQ permits, pending audits due in December), Oregon (the governor's 9 October letter stopping new DEQ air and water permits until 1 July 2027), Delaware (the regulator's pause on new large-load connections). Local moratoria, a county or city pause on new data center applications, are in force in 36 more: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Virginia, Washington and Wisconsin. Proposals and expired pauses are not counted; each entry below gives the scope, the date and the source.

Which states regulate data centers the most?

Delaware, New York, Oregon and Texas are graded Extensive: a statewide halt on permits or connections, or binding rules that stop most new projects. 2 more are graded Substantial.

Which states have the fewest rules on data centers?

Connecticut, Hawaii, Louisiana, Mississippi, New Hampshire, New Mexico, North Dakota, West Virginia and Wyoming are graded Minimal: new incentives or fast-track permitting in force and few binding rules. 31 states in all are graded Minimal or Light.

Which states have narrowed or ended a data center tax incentive?

14 states paused, narrowed or ended an incentive in 2025 or 2026: Alabama, Arizona, Delaware, Florida, Illinois, Iowa, Maine, Massachusetts, Nebraska, New Jersey, North Carolina, Ohio, Oregon and Washington. Most kept the exemption but tied it to jobs, wages, water use or a cost-recovery test.

Which incoming governors ran on a data center moratorium or pause?

As called on 4 November 2026, 4 governors-elect campaigned on a moratorium or pause on new data centers (a pause on incentives alone is not counted): Georgia (Keisha Lance Bottoms, D, flipping the office); New York (Kathy Hochul, D); Ohio (Amy Acton, D, flipping the office); Texas (Gina Hinojosa, D, flipping the office). Each carries conditions, mostly that a project pay its own grid and power costs. A platform is not a rule: the grades on this page score only what is in force, and each state's entry quotes the winner and says when they take office.

How many states are tightening their rules on data centers?

41 of 51 are tightening, 10 are steady and 0 are loosening, judged on what is pending for the next year: bills, dockets, ballot measures and executive reviews.

How are the states graded?

Each state gets one of five grades for how much binding rule a new data center meets, judged on what is in force as of November 2026. Minimal means few binding rules, with new incentives or fast-track permitting in force. Light means incentives in place and few new obligations. Moderate means incentives remain but real obligations have been added, or the state is visibly split. Substantial means new cost, disclosure, siting or curtailment rules are in force and incentives are being cut back. Extensive means a statewide moratorium or permit halt, or limits that stop most new projects. The grade is the rounded mean of the five rubric lines in each entry, with a statewide pause graded Extensive whatever the lines say. The grades describe the rules, not whether they are good or bad.

Grid regions are graded the same way, on how the operator or the regional regime treats a new large load: how it is studied, what it must bring or pay, and whether it can be curtailed first. The regions on the map are built county by county and grouped to match the entries, so their edges are approximate.

The arrow is the direction of travel over the next year. It rests on what is pending: bills, dockets, ballot measures, executive reviews and, since 3 November 2026, the stated positions of the governors-elect and the legislatures and commissions that were elected with them. Platforms are not rules; each entry's outlook says what the winner said and when they take office.

What counts as an item?

A state law, a governor's order, a regulator's ruling, a utility tariff, a court decision or a county or city action that changes what a data center must do, pay or disclose, or where it may be built. Bills that failed and measures that are pending are included where they show where a state is heading. Each item carries its date, its status and a link to the source it was taken from.

How reliable is it?

The list was compiled on 9 and 10 October 2026 from legislature and commission records, law firm alerts and state and trade press, and the headline claims for every state were checked a second time against their sources. On 4 November 2026 every item for 51 states was opened again at its source and corrected where the source said otherwise, and most of those states were searched for anything new since 1 October; Each entry shows the date it was last reviewed. Rules are changing weekly, so check the source and its date before relying on an item. Local actions are the least complete: hundreds of townships and counties have acted and only the most consequential are listed. Each entry carries a confidence grade. This is a research summary, not legal advice.

Sources

  1. Every item links to its own source: state legislature and commission records, governors' offices, utility filings, law firm alerts and state and trade press.
  2. State shapes: US Census Bureau cartographic boundaries, via the us-atlas dataset.