Verified September 10, 2026
The US AI Energy Policy Tracker
Which state makes data centers pay for the grid, and how, read from the bills and orders themselves.
Which states are regulating data center energy use?
As of September 10, 2026, this tracker covers 13 states with 14 recorded bills, orders or rulings on AI data centers and the grid: California, Illinois, Indiana, Maryland, Minnesota, New Jersey, Ohio, Oregon, Pennsylvania, Texas, Utah, Virginia, Washington. 12 of the recorded actions are enacted law or regulator action; the rest are introduced, passed one chamber or vetoed. Every record links the official source.
01 The states
State by state
| State | Recorded actions | Enacted or regulator |
|---|---|---|
| California | 1 | 1 |
| Illinois | 1 | 1 |
| Indiana | 1 | 1 |
| Maryland | 1 | 1 |
| Minnesota | 1 | 1 |
| New Jersey | 2 | 2 |
| Ohio | 1 | 1 |
| Oregon | 1 | 1 |
| Pennsylvania | 1 | 0 |
| Texas | 1 | 1 |
| Utah | 1 | 1 |
| Virginia | 1 | 1 |
| Washington | 1 | 0 |
02 The federal layer
Washington, and one EU comparison
- Commission proposal for the Cloud and AI Development Act: Proposal for the Cloud and AI Development Act (CADA)introduced, 2026
Adopted by the European Commission on June 3, 2026; aims to strengthen the EU cloud and AI ecosystem by funding research into sustainable cloud and AI technologies, accelerating the conditions for deploying energy-efficient data centre capacity across the EU, and creating a single EU-wide cloud and AI sovereignty assessment framework.
Binds: Cloud and AI providers, data centre operators, and EU member states. Verified September 10, 2026.
- FERC Order, Docket No. EL25-49, 193 FERC 61,217 (2025): Order on PJM colocation of generation and large loadsregulator action, 2025
Issued December 18, 2025; found PJM's tariff unjust and unreasonable for colocated generators serving large loads such as AI data centers, requires PJM to create three new transmission services (interim non-firm network integration service, Firm Contract Demand service, and Non-Firm Contract Demand service), lets colocated generators seek interconnection based on net injections to the grid rather than full nameplate capacity, and directs revisions to behind-the-meter generation rules.
Binds: PJM Interconnection, colocated generators, and large load customers including data centers in the PJM region. Verified September 10, 2026.
- S. 3682 (119th Congress): Power for the People Act of 2026introduced, 2026
Introduced in January 2026 by Sen. Van Hollen; directs states to evaluate dedicated rate classes for data centers, directs FERC to require data centers to pay for the local transmission upgrades their interconnection necessitates, and creates data center load queues so grid operators can sequence connections based on grid reliability and affordability.
Binds: State regulators, FERC, grid operators, and data center developers. Verified September 10, 2026.
- S. 3852 (119th Congress): Guaranteeing Rate Insulation from Data Centers Act (GRID Act)introduced, 2026
Introduced February 11, 2026 by Sens. Hawley and Blumenthal; requires operators of new data centers with power demand of 20 megawatts or more to derive all of their energy, including backup energy, from sources separate from the electric grid, gives existing grid-connected sites 10 years to comply or hold a Zero Rate Effect Certificate, and sets a civil penalty of not less than $1,000,000 per day for violations.
Binds: Data center operators with facilities demanding 20 MW or more; certain federal and contractor-run sites excluded. Verified September 10, 2026.
03 Method
How the tracker is built
Every record was found by scanning legislative and regulatory sources and then verified against the official text: the state legislature's bill page, the regulator's order, congress.gov, or the Commission's own page. A record with no reachable official source is not in the dataset. Statuses are what the source says: introduced, passed one chamber, vetoed, enacted, or a regulator's own action.
Scope, stated plainly: action specifically on data centers and energy (grid costs, siting, incentives, hookups), not generic AI bills and not general energy policy. Coverage is what could be verified, not a claim to be exhaustive; a state missing from the list is a state where nothing could be verified, which is not proof of nothing.
04 Data
Download and cite
Two files, free under CC BY 4.0: states.json and federal.json.
Cite as: GAGE (Global Academy of Generative-AI Education), "US AI Energy Policy Tracker", verified 2026-09-10, https://www.gage.academy/tools/us-ai-energy-policy. Reuse under CC BY 4.0.
Questions
- Which states are regulating data center energy use?
- As of September 10, 2026, this tracker covers 13 states with 14 recorded bills, orders or rulings on AI data centers and the grid: California, Illinois, Indiana, Maryland, Minnesota, New Jersey, Ohio, Oregon, Pennsylvania, Texas, Utah, Virginia, Washington. 12 of the recorded actions are enacted law or regulator action; the rest are introduced, passed one chamber or vetoed. Every record links the official source.
- Who pays for the grid upgrades AI data centers need?
- That is the fight, and it is being answered state by state. The recorded instruments fall into three shapes: making large data centers pay for their own grid upgrades or bring their own power, tying tax incentives to conditions like renewable commitments, and regulators pausing or conditioning new hookups while the cost question is settled. The federal layer adds a fourth: requiring large new facilities to source power off-grid.
- How current is this tracker?
- Every record carries the date it was verified against its official source (this build: September 10, 2026). The dataset is re-verified on a monthly cadence, and the served JSON is free under CC BY 4.0.
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