In Tucker County, West Virginia, Fundamental Data, a Virginia-based company, applied for an air permit for the 'Ridgeline Facility' — a natural gas power plant and data center campus between Thomas and Davis that could span 10,000 acres across Tucker and Grant counties (1.7GW). The West Virginia DEP issued an air quality permit authorizing construction of a 785MW natural-gas-fired power plant with diesel backup generators. In February 2026, the West Virginia Air Quality Board upheld the air permit, denying appeals from Tucker United, the West Virginia Highlands Conservancy, and the Sierra Club. The board sided with developers despite two days of testimony from citizen groups. Opposition groups argue the project threatens the area's tourism-based economy and rural character. A state law passed in 2025 stripped local authority over data center siting. On April 14, 2026, the West Virginia Highlands Conservancy issued a new action alert urging members to contact legislators and the WVDEP over the Fundamental Data LLC project, confirming the 1,656-MW gas-plant-plus-data-center near Thomas and Davis is still advancing. WV Commerce officials publicly clarified the project is proceeding. The West Virginia Air Quality Board ruled in favor of developers on February 7, 2026. UPDATE 2026-04-25: On April 21, 2026, the West Virginia Highlands Conservancy, Tucker United, and Sierra Club filed a motion in the WV Intermediate Court of Appeals seeking the recusal of Chief Judge Dan Greear from the Ridgeline air permit appeal. The motion cites Rule 2.11 of the WV Code of Judicial Conduct and alleges multiple conflicts: House Speaker Roger Hanshaw co-hosted Greear's campaign fundraisers, Greear's son worked at Bowles Rice (the firm representing Fundamental Data), and Hanshaw is a partner at Bowles Rice. A portion of the appeal had been dismissed earlier ahead of the evidentiary hearing. UPDATE 2026-07-23: The WV Dept. of Commerce demanded the developer disclose project details, then reversed itself, accepting the company's claim that the project is merely 'conceptual' and that it lacks legal control of the land — directly contradicting the WVDEP, which had already issued an air permit based on a finding that the company DID control the land. HB 2014's confidential-business-information exemption is shielding most of the underlying data from public disclosure.
Georgia SB436 suspends new sales and use tax exemptions for data centers from July 1, 2026 through June 30, 2027, and prohibits local governments from entering into nondisclosure agreements related to data center water and electricity usage. The bill is part of a wave of Georgia data center legislation in 2026 — the Senate also passed SB410 to outright end tax exemptions, while the House passed HB1063 (159-5) requiring data centers to pay down payments and sign longer contracts covering infrastructure costs. VERIFIED 2026-05-26: Georgia adjourned sine die Apr 3, 2026 with no data center regulation enacted; SB 436 (suspend tax exemptions + ban NDAs) died in Senate Finance and HB 1063 died in the Senate after crossover.
Requires electric utilities and new data centers (100+ MWH peak annual demand) to agree on contract terms that shield other power customers from construction and operation costs. Includes minimum billing requirements, performance/credit provisions, and termination protections. Passed Georgia House 159-5, now in Senate.
Bipartisan bill H0739 would limit sales tax exemptions to data center-specific equipment (excluding construction materials), sunset the exemption in 2036, and require data centers built after March 2026 to pay power rates that fully cover utility costs (proposed by Meta / Diode Ventures). Rep. Mickelsen separately introduced a bill to prevent the Idaho PUC from approving any new customer requiring 20+ MW without proving it would not raise rates for other customers. Multiple bills addressing tax breaks, water usage reporting, and rate protection.
Virginia SB 253 (Sen. Louise Lucas, D-Portsmouth) would shift energy infrastructure costs from residential ratepayers to data centers served by Dominion Energy. The SCC estimated residential rates would drop ~3.4% (~$5.52/month) while data center rates would rise ~15.8%. The bill passed the Senate nearly unanimously and the House 66-32 on March 3, 2026. Gov. Abigail Spanberger returned the bill with amendments in mid-April that lawmakers and Dominion say weaken it, including retroactively limiting Dominion's earnings in the current rate cycle. Lawmakers reconvened April 22, 2026 to consider the amendments. If rejected, Spanberger would have to sign or veto as originally passed. VERIFIED 2026-05-26: SB 253 (Lucas cost-shift) was signed by Gov. Spanberger in mid-May 2026 (effective July 1) after the General Assembly rejected most of her amendments; it creates a GS-5 rate class shifting grid-infrastructure costs onto data centers, though one accepted amendment (dropping the PJM cost-shift requirement) weakened it.
Washington HB 2515, the comprehensive data center regulation bill, passed the House 51-41 but died in the Senate. It would have required utilities to develop tariffs preventing financial risk to other customers, mandated annual sustainability reports, and prevented data centers from receiving free carbon credits. Instead, the Legislature passed SB 5982, which clarifies that large customers including data centers must meet the same clean energy deadlines as utilities and directs the UTC to establish reporting requirements. The Data Center Workgroup is expected to issue its final report later in 2026.
HB 1265 would establish a one-year moratorium on new data center construction and create a study committee examining environmental impacts. Introduced by Rep. Peter Schmidt (D-Dover). Supporters cited that 100,000 sq ft data centers use up to 5 MW of electricity and 5 million gallons of water daily. Committee did not take immediate action after February 11 hearing.
Two Wisconsin PSC dockets address data center rate structures. Docket 6630-TE-113: We Energies proposed a 'Very Large Customer' rate class for customers with electricity demands above 500 MW (targeting hyperscale data centers like Microsoft in Mount Pleasant). Over 200 people joined virtual hearings on Feb 10-11, 2026, with ~85% of speakers voicing concerns about the proposal, urging that tech companies pay their full share of infrastructure costs. Critics argue the proposal would only require data centers to pay 75% of infrastructure costs, leaving 25% subsidized by the public. Docket 6680-TE-115: Alliant Energy's Individual Contract Rate Agreement to serve a data center campus in Beaver Dam (widely assumed to be Meta). The PSC required Alliant to refile the contract with fewer redactions after advocates raised transparency concerns. A coalition of 42 environmental justice, faith, conservation, and community organizations submitted formal comments voicing concerns about the proposals. VERIFIED 2026-05-26: On April 24, 2026 the Wisconsin PSC adopted a "full-benefits" model requiring data centers to pay 100% of their costs, extended the minimum term to 15 years, and lowered the threshold from 500 MW to 100 MW (removing the 75% capacity-only option) — a ratepayer-protection win.
Requires new data centers with 20+ MW demand to generate their own power off-grid, with a 10-year transition for existing facilities and $1 million/day penalties for violations. Also requires public disclosure of current and projected utility usage. Introduced by Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT).