Navigating State Legislation for Building and Operating Data Centers: Key Trends and Compliance Considerations

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• State regulations governing data center development vary widely, making early legal review essential for zoning, land-use approvals, and infrastructure planning.

• Energy-related rules are tightening, with states imposing new cost-recovery models, efficiency standards, and reporting requirements that directly impact project feasibility and ongoing operating costs.

• Incentives remain available but increasingly conditional, requiring operators to meet investment, job-creation, sustainability, and compliance benchmarks to qualify and avoid clawbacks.

Inleiding

The rapid growth of cloud computing, artificial intelligence, and digital commerce has fueled an unprecedented demand for data centers across the United States and abroad. Once viewed as a niche of commercial real estate, data centers today are a critical part of our infrastructure and are increasingly subject to legislative and regulatory scrutiny. While no uniform federal regulatory regime governs data center construction and operation, many states have adopted legislation and incentive programs that address the  environmental impact, energy usage, and resident concerns surrounding the areas where these large developments operate. Developers, operators, investors, and tenants must understand these state-specific frameworks to ensure compliance and take advantage of potential benefits.

Zoning and Land Use Controls

In almost every jurisdiction, zoning laws apply to data center projects, treating them as either industrial or commercial uses. States such as Virginia, Texas, and Illinois generally leave zoning decisions to municipalities, but they often encourage local governments to establish “technology zones” to attract data center investments. Developers should determine early in the planning process whether a facility will be considered a special use or a permitted use in the targeted zone, as this classification can influence permitting timelines and costs. Because high-capacity connectivity to electrical, water, and fiber utilities are essential for data center operations, securing municipal collaboration on infrastructure improvements is critical and often a prerequisite to project approval.

Energy Efficiency and Increased Costs

The significant electricity consumption of data centers has, in some areas, led to an increase in costs for residential electricity consumers and problems with residential water supplies and building emissions.[1] Residential customers have seen their energy prices increase by up to 25% in certain markets.[2] In January 2025, the Georgia Public Service Commission (“GPSC”) approved a new rule that would allow the state-regulated utility, Georgia Power, to charge data centers for electric service in a manner designed to protect Georgia’s retail ratepayers from cost-shifting.[3] Under the GPSC rule, any new customers with more than 100 MW of demand can be billed using terms and conditions that deviate from those used by the utility’s other customers classes. The non-standard terms and conditions are intended to address risks associated with large-load end-users. Similarly, the Ohio Public Utilities Commission of Ohio issued a decision allowing utility companies to impose enhanced financial obligations on data centers to protect residential customers from paying for the costs of grid improvements and increased energy demands. The Ohio decision also requires that data center customers pay 85% of the energy they are subscribed to use, regardless of whether it is actually used.[4]

Environmental Impact and Sustainability Reporting

The extraordinary use of utilities required to operate a data center understandably increases emissions that have a litany of environmental impacts. On the federal level, Senators Whitehouse and Fetterman introduced the Clean Cloud Act of 2025, a bill to amend the Clean Air Act to set emissions and measurement standards for data centers.[5] State-level legislation often aims to address energy efficiency standards within the permitting process. For example, California enforces stringent building energy codes under Title 24, requiring high-efficiency cooling and lighting systems.[6] Projects within the state may also be required to provide annual reports related to energy consumption and performance, including total energy consumed and how much of that energy is from renewable resources.[7] In Washington, clean energy mandates have a practical effect on data centers by incentivizing or requiring the sourcing of renewable power.[8] Oregon has adopted rules to limit water usage for cooling systems, particularly in regions facing drought conditions.[9] These measures reflect a broader trend toward regulating the operational footprint of large-scale facilities. 

Several states are beginning to explore or implement laws that require large electricity consumers—including data centers—to disclose energy consumption and environmental performance metrics. New York is considering bills that would mandate annual sustainability reporting for certain commercial facilities, potentially aligning with recognized protocols such as the Greenhouse Gas Protocol.[10] These proposals represent an emerging area of regulation that could influence operational transparency, brand reputation, and compliance costs. Operators should monitor such legislative developments closely, as reporting mandates may become more common in the coming years.

Tax Incentives and Exemptions

In many states, a robust package of tax incentives supports the development of data centers. Virginia offers sales and use tax exemptions for qualifying equipment purchases, provided that operators meet minimum investment levels and create a specified number of jobs.[11] Iowa and Nebraska also provide substantial tax benefits for large-scale projects, with requirements tied to the size of the facility and total capital expenditure.[12] Such incentives can improve project viability, but they often come with performance benchmarks and clawback provisions, making it essential for operators to understand the statutory obligations and comply fully to retain these benefits.

Workforce and Security Regulations

State legislation can also extend to workforce and security considerations, particularly when public-sector contracts are involved. Data centers operating under state incentive agreements may be subject to local labor regulations or workforce development commitments. Certain states impose additional safeguards for facilities that store or process sensitive government data. In Arizona, for example, recent legislation has streamlined background check protocols and compliance procedures for data centers working with public entities,[13] signaling a trend toward integrating security requirements into broader regulatory frameworks.

Compliance Takeaways and Conclusion

The patchwork of state regulations governing data centers demands careful navigation. These laws often layer on top of local zoning ordinances, environmental protections, and utility agreements, creating complex compliance obligations. It is prudent for developers to plan with long-term regulatory trends in mind, anticipating that future statutes may impose stricter energy efficiency or sustainability requirements. Integrating legal counsel early in the development process helps safeguard eligibility for incentives, ensures alignment with applicable labor and environmental laws, and facilitates smoother interactions with local authorities.