Deeptech and AI · Research note · 28 Oct 2026
9 governors signed executive orders on data centers between 29 April and 23 September 2026, and all 9 address who pays for the power
Public state records in Svatantra.ai's signal database show executive orders on data centers from the governors of nine states between 29 April and 23 September 2026: Maine, Utah, Wyoming, Louisiana, Kentucky, Pennsylvania, Nevada, Virginia and Maryland. Five of the nine were signed in the 48 days from 6 August to 23 September. Read in the order text or in reporting on it, every one of the nine addresses electricity costs for existing utility customers. Virginia, Maryland and Pennsylvania use a 25 megawatt threshold. Congress has taken up the same question: a Senate permitting bill released on 30 September 2026 and a House bill filed on 13 October 2026 that draws its line at 20 megawatts. This note sets out the count, the nine orders, the three further orders found in the news but not in the records, the congressional bills, and what the data does not show.
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Every number, and where it comes from
The first five figures in the note.
The full table has 14 rows. Each figure is as published on the date shown, with its denominator.
| Figure | What it measures | Source |
|---|---|---|
| 9 | States whose governor signed an executive order on data centers, 29 April to 23 September 2026: ME, UT, WY, LA, KY, PA, NV, VA, MD. Title filter on executive-order feeds, the Kentucky executive journal and governor press releases; each state counted once on its first record date | Svatantra.ai signal database, count at 23 Oct 2026 |
| 18 | Records behind the nine states (18 distinct source URLs): 8 order documents and 10 governor press releases. All 18 titles read by hand | Svatantra.ai signal database, count at 23 Oct 2026 |
| 27 | States with a governor executive-order feed or executive journal carrying 2026 records in the database (246 records 1 Jan to 22 Oct 2026, 75 of them before 29 April) | Svatantra.ai signal database, count at 23 Oct 2026 |
| 1, 1, 2, 0, 2, 3 | States signing by month, April to September 2026. Author's arithmetic from the record dates | Derived from Svatantra.ai signal database, count at 23 Oct 2026 |
| 147 days | 29 April to 23 September 2026, Maine's order to Maryland's. Author's arithmetic | Derived from Svatantra.ai signal database, count at 23 Oct 2026 |
9 more figures in the PDF, each with its source.
Sources
19 primary releases.
- Office of the Governor of Nevada, Executive Order 2026-005: Order Establishing the Nevada Standard for Responsible Data Center Development (17 September 2026)Signed in Carson City 17 September 2026. Community Support Commitment terms due 6 November 2026; tax floor 4.6 percent. Verbatim (Section 1): "No cost of serving a data center is borne by any other ratepayer, and no ratepayer pays more because a data center was built."gov.nv.gov
- Office of the Governor of Virginia, Executive Order 22: Establishing New Nation-Leading Standards and Initiatives to Implement the Virginia Data Center Accountability Framework (18 September 2026)No VEDP site-readiness, expedited permitting or similar assistance for new data centers with anticipated peak demand of 25 MW or greater; costs of PJM reliability backstop procurement to be assigned to the data center loads causing them. Verbatim, with the order's dashes rendered as commas: "Virginia's data center growth and market position should lower, not raise, energy costs for households and other customers."governor.virginia.gov
- Office of the Governor of Maryland, Governor Moore Signs Executive Order Codifying Responsible Data Center Development Framework, Calls to Repeal Tax Exemption (23 September 2026)Every proposed data center of 25 megawatts or more goes through one review when it seeks state action; Maryland Data Center Task Force; ratepayer and grid protection one of five principles. Verbatim: "Projects will receive a written, public determination from the task force: Aligned, Conditionally Aligned, or Not Aligned."governor.maryland.gov
- Office of the Governor of Pennsylvania, Governor Shapiro Signs Executive Order Demanding Data Center Developers Comply with Strict Requirements and Blocking Speculative, Irresponsible Data Center Projects (18 August 2026)Executive Order 2026-05. Developers must "Pay the full cost of new electricity generation, transmission, distribution, and other infrastructure" needed to power their project. DEP reviews permits only with a binding commitment to the GRID Requirements and local approval; developers cover the full cost of new generation, transmission and distribution their projects need. Verbatim: "DEP will not issue any permit unless the project has received all required local approvals."pa.gov
- WKMS, Kentucky Public Radio, Kentucky Gov. Beshear to require data centers prove no impact on ratepayers (6 August 2026)Executive Order 2026-0494: developers must submit an energy plan to the Energy and Environment Cabinet showing no detrimental impacts; the Public Service Commission is barred from letting a utility raise rates to recover costs created by data centers. Verbatim: "Data center projects are directed to not avoid paying any local or school taxes." The order PDF in the Kentucky executive journal (https://web.sos.ky.gov/execjournalimages/2026-MISC-2026-0494-301849.pdf) has no machine-readable text.wkms.org
- Office of the Governor of Utah, Executive Order 2026-03: Establishing a Higher Bar for Data Center Development in Utah (29 May 2026)Signed by Governor Spencer J. Cox. Protecting utility ratepayers is a framework principle; water consumption must not increase. Verbatim: "THIS ORDER is effective immediately and shall remain in effect until otherwise modified, amended, rescinded, or superseded."rules.utah.gov
- Office of the Governor of Maine, Executive Order 5: An Order Establishing the Maine Data Center Advisory Council (April 2026 (record date 29 April 2026))Creates the Maine Data Center Advisory Council. Verbatim (Section 1): "The Department of Energy Resources shall coordinate with the Public Utilities Commission to identify and implement strategies as soon as possible to protect ratepayers from new or increased energy costs resulting from data center development to the extent permissible under law." Also: "The Council shall issue a public report of its findings to the Governor and the Legislature no later than January 29th, 2027." The order page gives no signing date; Ashurst Perkins Coie's multistate review gives 29 April 2026.maine.gov
- Office of the Governor of Louisiana, Executive Order 26-058: Louisiana Ratepayer and Community Protection Initiative, Criteria for LED Certifications for Data Center and Large-Load Investments (25 June 2026)Signed and attested in Baton Rouge 25 June 2026. LED to develop a Ratepayer and Community Protection Framework attached to the data center sales and use tax exemption (R.S. 47:305.73); eight commitment areas beginning with "Protecting Louisiana Ratepayers", under which large-load customers fully fund the incremental generation, transmission and infrastructure needed to serve them; criteria to the Governor "within ninety (90) days".gov.louisiana.gov
- WyoFile, Gov. Gordon demands data center developers do it 'the Wyoming way' (3 June 2026)Executive Order 2026-03 signed 3 June 2026; Wyoming Data Center Development Framework; aims to keep data-center development from raising electricity rates for existing customers; agency recommendations due within 60 days. Verbatim (Gov. Gordon): "But we will do it the Wyoming way."wyofile.com
- Digital Policy Alert, Make Data Centers Pay Act (HB 10809) was introduced to the House of Representatives (13 October 2026)Verbatim: "On 13 October 2026, the Make Data Centers Pay Act (HB 10809) was introduced to the House of Representatives." Amends the Federal Power Act to shield electricity users from costs of supplying data centers.digitalpolicyalert.org
- Newsweek, New Bill Would Force Data Centers to Pay Their Own Power Costs (22 October 2026)Make Data Centers Pay Act, Rep. Eugene Vindman, introduced 14 October per Newsweek; covers facilities using at least 20 megawatts. Verbatim: "Data centers would be required to cover the full additional cost of meeting their power requirements under a new bill."newsweek.com
- Deseret News, This bill would make data centers pay their own way for power (22 October 2026)Bipartisan American Affordability and Jobs Act of 2026, co-authored by Sen. Mike Lee; Deseret News gives an introduction date of 16 September 2026: data centers cover the full cost of their electricity use and of grid expansion, with upfront financial guarantees. Verbatim: "The bill would allow states to require data centers to build or contract to build their own new power plants".deseret.com
- Washington Examiner, Daily on Energy: A BAAJA Blast for data centers (1 October 2026)Reports that the Senate released the 417-page text of the Bipartisan American Affordability and Jobs Act the previous afternoon, 30 September 2026; data centers and other large-load facilities would pay for the energy and transmission infrastructure their operations need, with financial assurances before construction; a managers' amendment is expected.washingtonexaminer.com
- WKYT, Gov. Beshear signs executive order increasing requirements for data center developers in Kentucky (6 August 2026)Signed Thursday 6 August 2026. Developers must submit an energy plan to the Energy and Environment Cabinet showing how the project keeps electric bills from rising; the PSC "will be required to prevent utility companies from raising rates to recover costs associated with data centers."wkyt.com
- Morgan Lewis, Governor Shapiro Issues Executive Order Imposing New Requirements for Data Centers (26 August 2026)Pennsylvania EO 2026-05 sets DEP permitting tracks for data centers with "peak demand of more than 25 megawatts (MW)", for applications after 18 August 2026, and "seeks to make data centers solely responsible for any electric transmission and distribution system upgrade costs."morganlewis.com
- Davis Polk, New York State enacts data center moratorium (23 July 2026)Governor Hochul "signed Executive Order No. 62, establishing a temporary moratorium on data center permitting" on 14 July 2026; state discretionary applications held in abeyance until a final generic environmental impact statement. Not in the database.davispolk.com
- Office of the Governor of Nebraska, Gov. Pillen Signs Executive Order on Data Centers (21 July 2026)Executive Order 26-17 ends access to ImagiNE Nebraska Act incentives for new data-center applications, requires joint agency review of proposals and creates a data center task force. Verbatim (Gov. Pillen): "This is not a moratorium on data centers." Not in the database.governor.nebraska.gov
- WGBH News, Data centers will be subjected to local approvals under Healey order (8 September 2026)Massachusetts order: local approval before state permitting; projects with peak demand above 25 megawatts must follow the administration's framework. Verbatim: "The order also creates the 'Ratepayer Protection Fund,' designed to give money back to customers." Not in the database.wgbh.org
- Svatantra.ai, Signal database (23 October 2026)Counted: US signals published 1 January to 22 October 2026 with 'data center' in the title, from state governors' executive-order feeds or the Kentucky executive journal, or from governors' press-release feeds where the title also contains 'executive order' or 'EO'. 18 records, 18 distinct source URLs, 9 states, each state counted once on its first record date. Coverage: executive-order feeds for 27 states with 246 records in 2026. Counts at 23 October 2026.svatantra.ai