Six states have passed binding laws on who pays for data center power. Four write the customer's long-term commitment into the statute. Florida and Texas leave it to regulators.
New Jersey, Oklahoma and Oregon require commitments of 10 years or more. California requires an early termination fee for data centers that leave within 10 years. Florida lists minimum terms and exit fees as options regulators may approve. Texas requires a financial commitment at connection but leaves its size, term and exit terms to regulators; its utility commission is adding a minimum billing demand by rule.
On Nov. 3, voters favored limits in 40 of 41 local data center ballot measures (Ballotpedia), and Florida regulators voted 5-0 to deny Duke Energy Florida's large-load tariff. A vote decides whether a project gets built. The question this scorecard tracks comes next: if a utility builds for a very large customer and that customer leaves, who pays for what was built?
Dr. Mark R. McNees, Jim Moran College of Entrepreneurship, Florida State University. I do not speak for FSU. A new scorecard runs the first Tuesday of each month.
Each state name links to its entry in the state tracker, where every source is listed.
| State | Instrument | What the customer must commit to | Status |
|---|---|---|---|
| Law writes the commitment in | |||
| New Jersey | Data Center Fair Share Act (P.L.2026, c.32) | Guarantee to pay for at least 85% of requested supply for 10 years, unless the BPU sets otherwise; deposits or security | Signed 7/7/26 |
| Oklahoma | HB 2992 | Service term of at least 10 years; credit requirements to cover costs if the customer leaves; covers co-ops and municipals; 75 MW and up | Signed 5/11/26; tariffs to be filed |
| Oregon | POWER Act (HB 3546) | Contract of 10 years or longer with a minimum payment set by the PUC; separate rate class, 20 MW and up | PGE Schedule 96 rates in effect 7/8/26 |
| California | SB 886 | Early termination fee for departure within 10 years, on new transmission-level agreements from 1/1/27 | Tariffs due 1/1/28 |
| Law leaves the commitment to regulators | |||
| Florida | SB 484 | Full cost of service required; minimum terms and exit fees optional | Duke denied 5-0 on 11/3 (Docket 20260064); must refile |
| Texas | SB 6 | Statute: study fee, security and cost recovery at connection. PUCT rule adds a minimum billing demand; a pending rule would run it 20 years or more | 16 TAC 25.194 effective 10/8/26; transmission cost rules due 12/31/26 |
| Commission order or tariff | |||
| Virginia | Dominion GS-5 rate class | 14-year contract; minimum demand of 85% distribution, 85% transmission, 60% generation; exit fee; collateral of $1.5M/MW; 25 MW and up | Applies from 1/1/27 |
| Wisconsin | We Energies tariff (docket 6630-TE-113) | 15 years; 100% of generation cost; credit support below A-; repays the book value of dedicated plants on early exit if they cannot be repurposed | Final decision 5/21/26; Oracle sued 6/19/26 and dropped the suit 8/17/26 |
| Ohio | AEP Ohio data center tariff | Minimum bill up to 85% of contracted capacity; up to 12 years with ramp; exit fee of 36 months of minimum charges; collateral; 25 MW and up | In effect 7/23/25; HB 706 would extend the model statewide |
| Pennsylvania | PUC model tariff | Guidance for utility filings; upgrade costs on the customer | HB 1834 passed House |
| Still open | |||
| Arizona | APS rate case | Higher data center rates and growth costs assigned to the classes that cause them, proposed | Commission vote due by 12/31/26 |
| Georgia | PSC review of real-time pricing revenue (Docket 57171) | How revenue from large customers on real-time pricing is split between fuel and base rates, and whether new fuel transport costs from large-load growth fall on those customers | Open; hearing 11/12; Democrats won a 3-2 PSC majority 11/3 |
| North Carolina | Duke large-load settlement | Terms filed 10/6/26 | Awaiting NCUC approval |
| South Carolina | Duke large-load docket (2026-138-E) | 50 MW and up; terms under review | Open |
These are my readings of the public record, not commission findings. I make no forecast about the size of the buildout. This is about who carries the risk if it turns out wrong. Sources and method: state tracker. On deadline: mmcnees@fsu.edu, 850.973.7687.