11 States That are Trying – And Failing – to Ban Data Centers

Earlier this summer, New York became the first state in the country to impose a temporary ban on construction of new data centers. Through an executive order issued by Gov. Kathy Hochul, New York now has a one-year moratorium on all data centers with a 50 megawatt capacity or greater. While New York is the only state to have imposed such a prohibition, it is not the only state that has tried. 

Data centers serve as the critical, underlying infrastructure for AI technology. As the race for AI development has ramped up, major tech companies have been investing hundreds of billions of dollars in data center build outs. According to a recent report from Aterio, the number of data centers under construction in the U.S. surged from fewer than 100 in early 2021, to nearly 1,000 in early 2026. As a result, data centers have become a hot button issue in state and local politics. 

Data centers are typically large, resource intensive facilities that have been widely viewed as detrimental to air quality and overall quality of life in the communities that host them. These facilities can span over 1 million square feet, require millions of gallons of water each day, and consume enough electricity to power tens of thousands of average American homes. While data center proponents point to potential economic benefits, in many parts of the country, the data center backlash has become impossible to ignore. 

According to a report from the National Conference of State Legislatures, 15 states have introduced bills to temporarily halt new data center construction. So far, with the sole exception of New York where the governor bypassed the legislature, none have been successful. In some states, bills failed to garner enough votes, and in others, proposals remain stalled in committee. In Maine, Gov. Janet Mills vetoed a moratorium that passed the state’s legislature with bipartisan support. 

Using data compiled by the NCSL, Climate Crisis 247 identified the states where data center bans have failed. We only included states where bills to halt new data center construction have been introduced, and where those bills have either been defeated or have stalled. Supplemental state-level data on existing data centers, data centers under construction, and announced data centers are from Aterio. States are listed in alphabetical order. 

1. Georgia

• Details of proposed data center bill; HB 1059: Forbids local governments from permitting data centers until December 2028.
• Status of proposal: Failed to pass senate before adjournment
• Number of existing data centers in Georgia: 68
• Data centers under construction in Georgia: 59
• New data centers that have been announced in Georgia: 360

2. Maine

• Details of proposed data center bill; LD 307: Moratorium on 20 MW or greater data centers with until November 2027.
• Status of proposal: Vetoed
• Number of existing data centers in Maine: 4
• Data centers under construction in Maine: 0
• New data centers that have been announced in Maine: 7

3. Maryland

• Details of proposed data center bill; HB 120: No data centers may be constructed or permitted.
• Status of proposal: Failed
• Number of existing data centers in Maryland: 12
• Data centers under construction in Maryland: 15
• New data centers that have been announced in Maryland: 16

4. Michigan

• Details of proposed data center bill; HB 5594/HB 5595: Local governments and the public service commission may not permit or approve new data centers until April 2027.
• Status of proposal: Stalled in committee
• Number of existing data centers in Michigan: 31
• Data centers under construction in Michigan: 2
• New data centers that have been announced in Michigan: 22

5. Minnesota

• Details of proposed data center bill; HB 4888/SB 4298: Bans new data centers until the Public Utility Commission submits a comprehensive report, until at least July 2027.
• Status of proposal: Failed
• Number of existing data centers in Minnesota: 28
• Data centers under construction in Minnesota: 3
• New data centers that have been announced in Minnesota: 51

6. New Hampshire

• Details of proposed data center bill; HB 1265: One-year moratorium on data center construction.
• Status of proposal: Failed
• Number of existing data centers in New Hampshire: 6
• Data centers under construction in New Hampshire: 0
• New data centers that have been announced in New Hampshire: 0

7. Oklahoma

• Details of proposed data center bill; SB 1488: Moratorium on data center construction until November 2029.
• Status of proposal: Failed
• Number of existing data centers in Oklahoma: 28
• Data centers under construction in Oklahoma: 14
• New data centers that have been announced in Oklahoma: 52

8. South Carolina

• Details of proposed data center bill; H 5526: Forbids local approval of data centers until the Legislature adopts a “comprehensive oversight” framework.
• Status of proposal: Stalled in committee
• Number of existing data centers in South Carolina: 18
• Data centers under construction in South Carolina: 11
• New data centers that have been announced in South Carolina: 15

9. South Dakota

• Details of proposed data center bill; SB 232: One-year moratorium on construction or expansion of data centers.
• Status of proposal: Failed
• Number of existing data centers in South Dakota: 2
• Data centers under construction in South Dakota: 0
• New data centers that have been announced in South Dakota: 7

10. Virginia

• Details of proposed data center bill; HB 1515: Prohibits new data center approvals until all data center-related interconnection requests are fulfilled by electric utilities, or until July 2028.
• Status of proposal: Stalled in committee
• Number of existing data centers in Virginia: 334
• Data centers under construction in Virginia: 146
• New data centers that have been announced in Virginia: 540

11. Wisconsin

• Details of proposed data center bill; SB 1061 / AB 1099: Prohibits data center operation until 14 conditions relating to regulation, funding, and consumer and environmental protections are satisfied.
• Status of proposal: Failed
• Number of existing data centers in Wisconsin: 18
• Data centers under construction in Wisconsin: 14
• New data centers that have been announced in Wisconsin: 32