This article is exclusively
for Heatmap Plus subscribers.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.

Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
The state is poised to join a chorus of states with BYO energy policies.

With the backlash to data center development growing around the country, some states are launching a preemptive strike to shield residents from higher energy costs and environmental impacts.
A bill wending through the Washington State legislature would require data centers to pick up the tab for all of the costs associated with connecting them to the grid. It echoes laws passed in Oregon and Minnesota last year, and others currently under consideration in Florida, Georgia, Illinois, and Delaware.
Several of these bills, including Washington’s, also seek to protect state climate goals by ensuring that new or expanded data centers are powered by newly built, zero-emissions power plants. It’s a strategy that energy wonks have started referring to as BYONCE — bring your own new clean energy. Almost all of the bills also demand more transparency from data center companies about their energy and water use.
This list of state bills is by no means exhaustive. Governors in New York and Pennsylvania have declared their intent to enact similar policies this year. At least six states, including New York and Georgia, are also considering total moratoria on new data centers while regulators study the potential impacts of a computing boom.
“Potential” is a key word here. One of the main risks lawmakers are trying to circumvent is that utilities might pour money into new infrastructure to power data centers that are never built, built somewhere else, or don’t need as much energy as they initially thought.
“There’s a risk that there’s a lot of speculation driving the AI data center boom,” Emily Moore, the senior director of the climate and energy program at the nonprofit Sightline Institute, told me. “If the load growth projections — which really are projections at this point — don’t materialize, ratepayers could be stuck holding the bag for grid investments that utilities have made to serve data centers.”
Washington State, despite being in the top 10 states for data center concentration, has not exactly been a hotbed of opposition to the industry. According to Heatmap Pro data, there are no moratoria or restrictive ordinances on data centers in the state. Rural communities in Eastern Washington have also benefited enormously from hosting data centers from the earlier tech boom, using the tax revenue to fund schools, hospitals, municipal buildings, and recreation centers.
Still, concern has started to bubble up. A ProPublica report in 2024 suggested that data centers were slowing the state’s clean energy progress. It also described a contentious 2023 utility commission meeting in Grant County, which has the highest concentration of data centers in the state, where farmers and tech workers fought over rising energy costs.
But as with elsewhere in the country, it’s the eye-popping growth forecasts that are scaring people the most. Last year, the Northwest Power and Conservation Council, a group that oversees electricity planning in the region, estimated that data centers and chip fabricators could add somewhere between 1,400 megawatts and 4,500 megawatts of demand by 2030. That’s similar to saying that between one and four cities the size of Seattle will hook up to the region’s grid in the next four years.
In the face of such intimidating demand growth, Washington Governor Bob Ferguson convened a Data Center Working Group last year — made up of state officials as well as advisors from electric utilities, environmental groups, labor, and industry — to help the state formulate a game plan. After meeting for six months, the group published a report in December finding that among other things, the data center boom will challenge the state’s efforts to decarbonize its energy systems.
A supplemental opinion provided by the Washington Department of Ecology also noted that multiple data center developers had submitted proposals to use fossil fuels as their main source of power. While the state’s clean energy law requires all electricity to be carbon neutral by 2030, “very few data center developers are proposing to use clean energy to meet their energy needs over the next five years,” the department said.
The report’s top three recommendations — to maintain the integrity of Washington’s climate laws, strengthen ratepayer protections, and incentivize load flexibility and best practices for energy efficiency — are all incorporated into the bill now under discussion in the legislature. The full list was not approved by unanimous vote, however, and many of the dissenting voices are now opposing the data center bill in the legislature or asking for significant revisions.
Dan Diorio, the vice president of state policy for the Data Center Coalition, an industry trade group, warned lawmakers during a hearing on the bill that it would “significantly impact the competitiveness and viability of the Washington market,” putting jobs and tax revenue at risk. He argued that the bill inappropriately singles out data centers, when arguably any new facility with significant energy demand poses the same risks and infrastructure challenges. The onshoring of manufacturing facilities, hydrogen production, and the electrification of vehicles, buildings, and industry will have similar impacts. “It does not create a long-term durable policy to protect ratepayers from current and future sources of load growth,” he said.
Another point of contention is whether a top-down mandate from the state is necessary when utility regulators already have the authority to address the risks of growing energy demand through the ratemaking process.
Indeed, regulators all over the country are already working on it. The Smart Electric Power Alliance, a clean energy research and education nonprofit, has been tracking the special rate structures and rules that U.S. utilities have established for data centers, cryptocurrency mining facilities, and other customers with high-density energy needs, many of which are designed to protect other ratepayers from cost shifts. Its database, which was last updated in November, says that 36 such agreements have been approved by state utility regulators, mostly in the past three years, and that another 29 are proposed or pending.
Diario of the Data Center Coalition cited this trend as evidence that the Washington bill was unnecessary. “The data center industry has been an active party in many of those proceedings,” he told me in an email, and “remains committed to paying its full cost of service for the energy it uses.” (The Data Center Coalition opposed a recent utility decision in Ohio that will require data centers to pay for a minimum of 85% of their monthly energy forecast, even if they end up using less.)
One of the data center industry’s favorite counterarguments against the fear of rising electricity is that new large loads actually exert downward pressure on rates by spreading out fixed costs. Jeff Dennis, who is the executive director of the Electricity Customer Alliance and has worked for both the Department of Energy and the Federal Energy Regulatory Commission, told me this is something he worries about — that these potential benefits could be forfeited if data centers are isolated into their own ratemaking class. But, he said, we’re only in “version 1.5 or 2.0” when it comes to special rate structures for big energy users, known as large load tariffs.
“I think they’re going to continue to evolve as everybody learns more about how to integrate large loads, and as the large load customers themselves evolve in their operations,” he said.
The Washington bill passed the Appropriations Committee on Monday and now heads to the Rules Committee for review. A companion bill is moving through the state senate.
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Talking with National Grid’s Matthew Satterwhite about his new report with S&P Global.
This week’s conversation is with Matthew Satterwhite, head of U.S. policy for National Grid. This week National Grid released a report in collaboration with S&P Global I found noteworthy amidst the data center backlash, asserting that building new transmission lines can potentially reduce consumer costs. I reached out asking if we could chat about how this argument leans into the fight over hyperscale infrastructure. I found our conversation illuminating and educational.
The following Q&A was lightly edited for clarity.
Why did you make this report?
It’s all focused on our customers. We’re always looking to find ways to make sure we can provide our service in the most affordable way possible, the most efficient way possible, and we always think of transmission, but it’s fallen out of favor recently. There’s so much demand with large loads, data centers, advanced manufacturing, reshoring. There’s such a need, and a lot of the debate has been focused on what we need on the generation side. We think transmission is an answer, as well.
We focused on what we have control over — since we’re in deregulated states, the only generation we’re doing is to help states reach their renewable goals. It’s a real page-turner. We really get to the core of everything.
Can we lower customer bills with transmission? This report actually showed us that’s a good investment and helps with the resource adequacy and the constraint problems we have in the Northeast. You can bring cheaper electricity in.
With respect to concerns for everyday consumers, how much do you feel like new transmission might alleviate ordinary Americans’ concerns about rising energy prices?
When you look at the demand that’s coming, the projection is that by 2035, we’ll have to add 45 gigawatts, currently. We’re on that path right now. Transmission alone isn’t going to meet that, but the question is, how do we temper that down? What do we do as National Grid to help alleviate the need for all that demand? Can we get that somewhere else rather than in the region by building generation? It's a different version of all of the above. It’s not a generation single answer or a transmission single answer. We think transmission is a big part of that.
This also allows you to bring in cleaner energy from other places. The more robust the network is, you can have energy in different places and bring that in. It replaces the need for some of the generation to be built and pays for itself by creating a cheaper return for customers adding this.
How much of the data center backlash is affecting your transmission project planning calculus? How is it changing what lines are built in the country?
We’re focused on how we can provide the cheapest service for our customers and physics. It’s science and long-term planning. We don’t have the luxury — we can’t follow, this month we’re thinking something, someone got mad, and so we’re thinking something else. We study a lot of science and physics to figure out how to build the grid.
Do you feel like the average Joe Schmoe American sees transmission as making their life less expensive and making their electricity more reliable?
I think there’s frustration and a lack of understanding about the industry overall. There’s fear of the unknown. Are data centers really driving everything that’s happening? That’s where I think, with reports like this, the benefit of it will be that people will read this and see there’s other things we can do to address the load that we need, something different than building a bunch of generation plants.
How do the question marks around whether data centers get built affect transmission planning? How much harder is the backlash making your job?
It’s a science question. Do we do a bunch of work and then nothing happens? That’s why states put their policies out. There’s multiple studies you go through with a region and with a utility. I think that’s one reason why you see states slowing down, to make sure the policy is in check so people don’t do work they don’t need to do. It’s about having the policy to make sure, if you’re studying something, you’re doing it with a purpose.
Plus more of the week’s biggest development fights.
1. Clark County, Nevada – The first data center approved on federal lands has hit a legal brick wall.
2. Jackson County, Missouri – We have yet another high-profile case of a city councilor losing their job over voting for a data center, and this one’s a doozy.
3. Utah – What’s it take for the Bureau of Land Management to approve a big transmission line for zero-emission energy generation these days? Geothermal, baby.
4. Huntsville, Alabama – You can’t even build a tiny battery storage facility in the middle of Alabama anymore.
Where temporary moratoria could happen next.
Brace yourself for more statewide data center moratoria.
So far there are only two full state-wide blocks on data center permits, in New York and Texas. At least fifteen states have moratorium legislation in the pipeline, but few if any of those bills stand a chance of becoming law in the short term. Here are five states, however, where a broad development pause may gain momentum in the next year or two — and all of them are crucial to watch this November.
If you blinked you may have missed it: New Hampshire Governor Kelly Ayotte, a Republican, said she wants to enact a statewide data center moratorium.
Ayotte first came out in support of a pause last month at a Rotary Club meeting, declaring, “It does not make any sense at all to site a data center in New Hampshire.” She also reportedly plans to include a moratorium proposal in her upcoming 2027 fiscal budget. New Hampshire’s legislative sessions occur in the first half of the year, so we won’t see action on a moratorium bill this fall. But Ayotte’s statements suggest the Granite State — which is controlled by the GOP — could pivot to a pause very soon.
New Hampshire has very few data centers. Like, almost none. Only two project fights exist in the Heatmap Pro database, both in Portsmouth, and each has been canceled amidst opposition. Ayotte’s remarks were prompted by the fight against a hyperscale project being studied in the small town of Bow at a former coal plant that closed in late 2025.
None of this should surprise anyone familiar with New England NIMBYs. A New Hampshire moratorium also makes sense given the state’s proximity to Maine, which almost had one of its own. Ayotte, who is up for re-election this year, is likely looking at the political fortunes of Governor Janet Mills and trying to avoid potholes ahead of a likely blue wave hitting her state.
This week, Arizona Attorney General Kris Mayes, a Democrat, came out in support of a statewide data center moratorium.
Mayes told Arizonans in a public statement on Monday that she wants to avoid undue strain on the electric grid and adding to the burden of water cuts led by the Trump administration. Phoenix, where opposition grows by the day, seems to be the primary reason. This shouldn’t in any way be a surprise given the backlash to these projects, which in Arizona’s case is rooted in legitimate water security concerns.
One of the first high-profile data center conflicts I ever learned about was in Arizona: Project Blue, which had to move on from the city of Tucson after officials voted it down last summer. That led Amazon to bail from the facility, though it’s still under development elsewhere on county land. Locals are deeply concerned about the water impacts.
Ordinarily an attorney general wouldn’t have any sway on legislative or executive policy, but the state is already quite receptive to restricting data center development. Governor Katie Hobbs has enacted a three-year pause on tax abatements for data centers, and in response to requests for comment on Mayes’ statement, has told media she’s working on more policies targeting the sector. Hobbs has said she will do more in the following legislative session, but it’s not clear what.
The real decisive action here is probably going to be legislation, and that will depend on the reception any moratorium finds with Republicans in the state legislature, which is typically split in this purple state. The Arizona GOP is quite pro-industry, and Mayes’ opponent in her race for re-election opposes restricting data center construction.
You really should get to know the name Cindy Holscher for the next two months.
Holscher, a state senator, won a surprise upset victory in the Democratic gubernatorial primary this year, and currently sits within a one-point margin of her Republican opponent. How’d she get the nom? By calling for a statewide data center moratorium. “It reminds me of when the automobile manufacturers had to put seatbelts into their cars,“ Holscher told MSNOW after she won the primary. “We as a people and as a state just need to make sure there are guardrails in place.”
Kansas politics are weird. The state is best known as a conservative ideological bastion that’s pro-business. Full Republican control of the Kansas government during the Obama era led to significant social services cuts most closely associated with former Governor Sam Brownback. But after that, Kansans seemed to like moderate Democratic governors, electing Laura Kelly in 2022. Kelly is now term limited out of office.
Kansas already has a colorful patchwork of local data center and renewable energy restrictions. Land use is a big deal in this agricultural behemoth. Should Holscher win in a blue wave year, she would have a mandate to enact a statewide moratorium. Still, Republicans control the legislature, and that’s unlikely to change. My major questions are, should Holscher win, would the GOP in state government listen to Holscher’s request? Or can she do this through the executive branch?
Politics nerds are obsessing over Ohio right now. There, Trump acolyte Vivek Ramaswamy is neck-and-neck in the polls for governor with a Democratic candidate who backs a “conditional” data center moratorium: Amy Acton.
What’s a conditional moratorium? It’s in the eye of the beholder, really. Technically speaking, Governor Josh Shapiro instituted a conditional moratorium in Pennsylvania, where data center projects cannot get permits unless they meet very specific standards set by the governor himself. Shapiro did it through executive action, but in this case, it’s unclear whether the moratorium will be codified through that process or through law.
Should Acton win — or if former Senator Sherrod Brown defeats sitting Senator Jon Husted in the U.S. Senate race — I anticipate major legislative action on data centers in Ohio. Republicans there have essentially permanent control of the state legislature, and they’ve historically been pro-data center. But the freakout over opposition to artificial intelligence and hyperscalers in the senate race specifically has spooked national Republicans, who think it provided the opening Brown needed to potentially win back his seat. Acton and Brown’s political fortunes appear to be wedded to one another, linked to a general angst in the American public.
Every top 5 list needs a wild card, and mine is Oklahoma.
Currently, there’s minimal risk of a data center moratorium. I might’ve had this state higher on my list had Gentner Drummond won the runoff for the GOP gubernatorial primary, given his proclivity to side with anti-renewables activists who also oppose data centers. Instead, likely future governor Mike Mazzei is running on a more moderate, Trump-friendly approach to data centers centered on maintaining industry growth while protecting ratepayers from new infrastructure costs. His opponent, Cyndi Munson, supports a one-year moratorium.
I consider Oklahoma’s odds of having a data center moratorium about equal to the chance of a statewide wind energy ban. Momentum for anti-wind legislation began in the state legislature, and I expect the same to happen with data centers. But unlike the wind industry, which has enormous power in the state, data centers are still a nascent industry. This is a place that may take about two or three years to manifest full cultural upheaval over these projects.