Data Center Policy Across the 50 States: A Survey of Incentives, Land Use, and Energy Regulation

Bommarito, J., & Bommarito, M. J., II (2026). Data Center Policy Across the 50 States: A Survey of Incentives, Land Use, and Energy Regulation. SSRN. Draft manuscript (June 2026) — work in progress. Comments welcome. The first comprehensive 50-state survey of data center policy, drawing on a novel dataset of state legislation, public utility commission proceedings, and project-level data covering approximately $1.79 trillion in announced investment and approximately 240 GW of reported power capacity across 890 documented projects. Integrates five dimensions: (1) tax incentives and economic development, (2) zoning, moratoria, and local governance, (3) energy regulation and grid impacts, (4) environmental and resource constraints, and (5) federal developments at FERC and DOE. Documents that 49 states offer at least one data-center-relevant incentive—38 with dedicated data center tax incentives—while 34 states contain localities with enacted moratoria (208 in total), and 20 states have rolled back or tightened incentives since 2024. Case studies of Virginia, Texas, Georgia, Michigan, and Arizona, plus a 50-state policy compendium..