Tag: Data Center Tax Incentives

  • The Data Center Casino: Why America Needs Elected Technology Leaders Now

    By the Founders, Department of Technology | San Diego, California | November 13, 2026

    America needs more data centers. That part is not in dispute. What is in dispute is who decides where they go, who pays for them, and whether anyone is looking at the whole board.

    If the United States wants to remain the world leader in artificial intelligence, it has to build the computing capacity, and the power to run it. We start from that premise. But for several years, officials in both major parties, in red states and blue, have treated new data centers less like public infrastructure and more like a slot machine: pull the lever, hope for a jackpot of investment, tax revenue and ribbon-cuttings, and worry later about who covers the losses.

    The question that has been asked is “how much money can be made?” The question that should be asked is “what is the best outcome for the community that has to live next to this?”

    Three risks pull in three different directions. Build too fast, and we strain an aging grid and inflate a financial bubble. Build too slow, and other countries may make our lead obsolete. Ignore what AI could do to employment, and we erode the tax base a modern society runs on. No one in government is currently accountable for all three at once.

    The casino logic

    Thirty-eight states offer tax incentives to data centers, and at least 28 of them considered scaling those incentives back this year, according to the National Conference of State Legislatures. At least ten states forgo more than $100 million a year in these breaks, with Texas and Virginia each losing as much as $1 billion annually, according to Good Jobs First, as reported by Broadband Breakfast.

    In Ohio, Policy Matters Ohio reports the break cost state and local governments about $2 billion last year, far more than the state had forecast, which led Republican Governor Mike DeWine, who had previously vetoed a repeal, to order a temporary pause.

    The backpedaling is bipartisan, which is exactly the point. In Virginia, 21 Democrats and seven Republicans in the state Senate voted to curtail a 5.3% tax break. Kentucky’s Democratic governor, Andy Beshear, has called for ending his state’s incentives, and Ohio, Arizona, Nebraska and Illinois have paused theirs.

    When lawmakers of both parties are reversing course, the original approach was not a partisan mistake. It was a structural one: the deals were made one project at a time, often in secret (as we noted in our open letter, 25 of 31 Virginia local governments involved in data center development had signed NDAs), and no one owned the cumulative consequences.

    Build too fast: the grid and the bubble

    Our electrical grid is where the cost of speed shows up first. In PJM, the nation’s largest grid market, wholesale power prices jumped almost 76% in the first quarter of 2026 compared with a year earlier, and the market monitor said the price effects on customers were very large and not reversible, according to E&E News.

    Capacity auction prices rose roughly tenfold in two years, from about $29 to $329 per megawatt-day, and the December 2025 auction fell short of its reliability target for the first time, per one analysis of PJM’s results. Ordinary ratepayers are paying for capacity built to serve some of the wealthiest companies in the world.

    Then there is the money behind the buildout. Hyperscalers will spend about $750 billion this year, and they are borrowing heavily to do it, while economy-wide statistics still show little or no productivity growth from AI. Jefferies warns that AI investment was the main driver of U.S. economic growth last year after consumer spending, so a sudden collapse would leave the economy exposed. And The Economist notes that more than half the spending has gone to servers and specialized chips that become obsolete within a few years. A technology can be transformative and still be overbuilt. If that happens, the stranded assets and the unpaid debts will not stay on Wall Street.

    Build too slow: the electron gap

    The opposite risk is just as real. The United States leads in advanced chips but is short on power, while China has the power and is short on chips. BloombergNEF estimates China will add more than six times as much generating capacity as the U.S. over the next five years. Morgan Stanley has forecast a 44-gigawatt shortfall for U.S. data centers within three years, roughly the summertime capacity of New York State. According to calculations reported by The Washington Post, Chinese data centers pay about a third of what American ones do for electricity.

    We cannot answer that gap with moratoriums and lawsuits alone, and we cannot answer it with secrecy and subsidies either. Speed that costs public trust is not speed. As voters showed on November 3, when they favored limits in 40 of 41 local data center measures, communities will stop projects they feel were done to them rather than with them.

    Ignore the jobs: the tax base

    The third risk is the quietest. A RAND analysis found that 84 percent of federal revenue in 2024 came from individual and payroll taxes, both collected from labor income. Because income is concentrated in high-paid white-collar jobs, replacing those roles with AI would hit revenue harder than the headcount suggests, and higher corporate profits would not make up the difference unless corporate tax rates roughly doubled.

    The same logic applies closer to home. New York City’s Comptroller built five AI scenarios for the city’s finances, put a combined 50 percent probability on the three with worse outcomes for jobs, growth or tax revenue, and recommended building a reserve fund to 16 percent of annual tax revenue. Every county and state should be asking the same question before the layoffs arrive, not after.

    Why we need elected technology leaders

    Look at who currently holds a piece of this problem. Utility commissions watch rates. Economic development offices watch ribbon-cuttings. Treasurers watch revenue. Each sees one slice, and none is answerable to voters for the combination. That is how a state can win a data center, lose a billion dollars a year, raise its residents’ power bills and weaken its future tax base, all through decisions that each looked reasonable on its own.

    We are calling for elected technology leaders at the local, county, state and federal levels, with one job: to weigh speed, grid capacity, public cost and long-term fiscal health together, in public. In practice that means:

    • Public plans before approvals. Grid, water and fiscal impact published before a project is approved, not after.
    • No secret deals. Public bodies should not sign NDAs that keep residents from learning what their own governments agreed to.
    • Large users pay for what they trigger. Grid upgrades and capacity costs assigned to the facilities that cause them, not spread across households.
    • Incentives with accountability. Tax breaks tied to measurable jobs and revenue, with clawbacks if the promises are not met.
    • Fiscal readiness for AI displacement. Scenario planning and reserves at every level of government.

    They should be elected, not appointed, because the tradeoffs here are value judgments about whose power bills, whose land and whose jobs, and those belong to voters. And they are needed now because the contracts are being signed now.

    The case against our case

    A fair reading includes the strongest objections.

    • Incentives may be what brings projects at all. The Data Center Coalition’s Dan Diorio argues that revenue estimates overlook the chance a project would never have been built without exemptions, and notes that states with the most growth, including Virginia, Texas and Pennsylvania, offer them, while Colorado, which does not, has less (S&P Global).
    • The electron gap may be overstated. The Brookings Institution cautions that no one knows how many data centers will be needed or how fast chips will become more efficient, and that worries from builders are not the same as geopolitical shocks (Brookings).
    • Job forecasts are uncertain. One UK think tank’s scenarios range from eight million jobs lost to none at all (IPPR), and New York’s Comptroller itself says it is hard to tie current trends to AI with certainty.
    • Another elected office is another layer. Critics may reasonably prefer strengthening utility regulators and legislatures over creating new positions. Our answer is that each existing body owns only a slice, but that is a debate worth having in public.

    Start the conversation

    Neither the casino nor the moratorium is a plan. The country needs people whose job it is to build enough, build in the right places, make the builders pay their share, and prepare for what comes after. That job does not exist yet. We are asking every candidate and every sitting official, of every party, to start the discussion about creating it, at department.technology/.

  • Ten Questions Every Candidate and Elected Official Should Answer About Data Centers and AI

    By the Founders, Department of Technology | San Diego, California | November 13, 2026

    Voters deserve specific answers about who pays for data centers, who is accountable, and what happens if AI does not deliver. Here are ten questions you can put to any candidate or sitting official, with the evidence behind each, what a strong answer sounds like, and what evasion looks like.

    This is a nonpartisan tool. We score the quality of an answer, meaning whether it is specific, honest about tradeoffs and accountable, and not whether it matches our views. A candidate who answers concretely in favor of a policy we would not choose earns the same points as one who answers concretely against it. Send the same ten questions to every candidate, give everyone the same deadline, and publish the answers word for word.

    How to score

    For each question, give each answer 0, 1 or 2 points:

    • 2 points: a clear position, a specific mechanism, and an honest acknowledgment of a tradeoff or limit.
    • 1 point: a clear position without a mechanism, or a mechanism without a position.
    • 0 points: no answer, a deflection, or generalities that could mean anything.

    A total of 16 to 20 suggests a candidate who has thought hard about the whole picture. A total of 10 to 15 suggests a developing view. Below 10 suggests the issue has not yet been taken seriously. This is a conversation tool, not a scientific rating, and we encourage independent groups, newsrooms and civic organizations to score the answers themselves.

    Question 1: Who is accountable?

    The question: If a data center proposal comes before your body, who in government is responsible for weighing power, water, land, taxes and jobs together? Who should be?

    Why it matters: The pieces of this decision are split among utility commissions, economic development offices, zoning boards and treasurers, and no one answers to voters for the combination.

    A strong answer names a person or office and a mechanism, such as a standing committee, a technology director or an elected leader, and says how voters can hold them to account.

    Red flags: “The market will sort it out,” or an answer that lists existing agencies without saying who coordinates them.

    Question 2: Will you sign secret agreements?

    The question: Will you sign a nondisclosure agreement about a development project, and will you support limits on them?

    Why it matters: An NBC News review of more than 30 data center proposals in 14 states found that in a majority of cases local officials signed NDAs. Records requests in Louisiana turned up 54 NDAs signed by elected officials since early 2024. Microsoft says it is working to end active NDAs governments have signed.

    A strong answer gives a clear yes or no, says when confidentiality ends (for example, before any public vote), and explains how legitimate trade secrets would be protected.

    Red flags: “NDAs are standard practice” with no limit, or a blanket promise with no mention of how negotiations would work.

    Question 3: Who pays for the grid?

    The question: Should the largest new electricity users pay the full cost of the grid upgrades built to serve them? Should that be mandatory or optional, and what minimum commitments should they make?

    Why it matters: The Ratepayer Protection Act passed the House 417 to 3 and then failed a Senate procedural vote 57 to 43, largely over whether the protection should be optional or mandatory. At the state level, 23 states had approved at least one large-load tariff as of May. Ohio’s AEP tariff requires 85 percent minimum payments and at least twelve-year contracts, and Dominion’s Virginia tariff requires 14-year contracts and $1.5 million per megawatt of collateral.

    A strong answer takes a side on mandatory versus optional and names at least one term, such as minimum bills, contract length, collateral or exit fees.

    Red flags: “Make Big Tech pay their fair share” with no mechanism, or “markets will handle it.”

    Question 4: Do you support tax breaks, and on what conditions?

    The question: Do you support tax incentives for data centers? If so, what conditions, such as job targets, sunset dates and clawbacks, should come with them? If not, why not?

    Why it matters: Thirty-eight states offer data center incentives, and at least 28 considered scaling them back this year. In Ohio, the break cost state and local governments about $2 billion in a year. The jobs are mostly temporary: an Illinois study projected 121,000 jobs from $57 billion of investment, but only 2,800 permanent direct positions, while a Reno facility’s records estimated 73 permanent jobs.

    A strong answer takes a position either way, separates temporary from permanent jobs, and says how results would be measured.

    Red flags: Quoting job totals without saying how many are permanent, or promising “jobs and growth” without numbers.

    Question 5: Who gets a say before approval?

    The question: Should data centers be allowed by right, or should each one require a public hearing and discretionary approval? Where should the final decision sit?

    Why it matters: Loudoun County eliminated by-right zoning for data centers, and Harrisonburg, Virginia, moved them to special-use permits. Loudoun also credits favorable zoning and fast approvals for accelerating its growth. There is a real tradeoff between speed and consent.

    A strong answer describes a process, such as hearings, timelines and standards, and acknowledges the tradeoff.

    Red flags: “Let the community decide” with no process, or “get out of the way” with no protection for residents.

    Question 6: What about water, land and cleanup?

    The question: What studies, standards and financial guarantees should a data center have to meet for water, noise, farmland and eventual closure?

    Why it matters: Linn County, Iowa, requires a water study and a water-use agreement before construction and also covers decommissioning bonds. Few places have anything comparable.

    A strong answer names specific requirements and who would enforce them.

    Red flags: “Environmentally responsible” with no specifics.

    Question 7: How do we build enough, fast enough?

    The question: How would you make sure America builds enough power and computing capacity to compete, without bypassing the public?

    Why it matters: BloombergNEF expects China to add more than six times as much generating capacity as the United States over five years, and Morgan Stanley has forecast a 44-gigawatt shortfall for U.S. data centers. At the same time, AEP Ohio’s pipeline reportedly fell from roughly 30 GW to 13 GW once it had a tariff, so not every request is real.

    A strong answer addresses generation, transmission and permitting, and distinguishes real projects from speculative ones.

    Red flags: An answer that is only “beat China” or only “stop the data centers.”

    Question 8: Who bears the loss if the boom slows?

    The question: If AI investment slows or reverses, who bears the losses, and what would you do now so residents are not left holding the bag?

    Why it matters: Hyperscalers will spend about $750 billion this year, borrowing heavily. Jefferies warns that AI investment was the main driver of U.S. economic growth last year after consumer spending, and The Economist notes that more than half the spending goes to equipment that becomes obsolete within a few years.

    A strong answer names protections such as collateral, minimum bills, exit fees or cleanup bonds, without predicting a crash.

    Red flags: Either “this can’t fail” or doom with no plan.

    Question 9: What is your plan for the tax base?

    The question: Has your government modeled what happens to revenue if AI displaces significant work, or if data center revenue falls? What reserves and triggers are in place?

    Why it matters: A RAND analysis found that 84 percent of federal revenue comes from individual and payroll taxes. Loudoun County reports that data centers generate 38 percent of its general fund revenue, and New York City’s Comptroller recommended a reserve of 16 percent of annual tax revenue in response to AI risk.

    A strong answer says what share of revenue is exposed and describes a scenario plan and reserve.

    Red flags: “We’ll cross that bridge when we come to it.”

    Question 10: Should Congress override state AI laws?

    The question: Should federal law preempt state AI rules? If so, what federal protections and enforcement would replace them, and who would administer them? (For state and local candidates: what role should your jurisdiction keep?)

    Why it matters: The Senate voted 99 to 1 against an early preemption proposal, while 29 states enacted AI legislation in 2026. Even the White House’s approach would leave data center infrastructure to the states.

    A strong answer takes a position, names the enforcement mechanism and says who is accountable for it.

    Red flags: “Washington can’t be trusted” or “states can’t be trusted” with no alternative.

    Which questions fit which office

    • City council or county board: Questions 1, 2, 5, 6 and 9.
    • State legislature or governor: Questions 2, 3, 4, 7, 8 and 10.
    • Congress: Questions 3, 7, 8, 9 and 10.
    • Bonus question for everyone: Will you publish your meetings with developers, utilities and lobbyists on this issue?

    The case against our case

    • Scorecards reward rehearsed answers. A well-coached candidate can sound specific without meaning it. That is why we ask for mechanisms and why we suggest publishing answers in full and comparing them with later votes.
    • Not every office has the power. A county commissioner cannot set federal policy, and a member of Congress cannot rezone land. The “which office” guide above is meant to keep the questions fair.
    • Ten questions oversimplify. Real issues have more dimensions, and some candidates will rightly say “it depends.” We would count a thoughtful “it depends”, with the conditions named, as a strong answer.
    • We might be seen as scoring for our side. Our proposal for elected technology leaders is not the only acceptable answer to Question 1, and a different structure can score full points. We would prefer that a neutral organization do the scoring.

    Print-ready list

    1. Who in government is responsible for weighing power, water, land, taxes and jobs together, and who should be?
    2. Will you sign a nondisclosure agreement about a development project, and will you support limits on them?
    3. Should the largest new electricity users pay the full cost of grid upgrades built to serve them, and should that be mandatory or optional?
    4. Do you support tax incentives for data centers, and on what conditions?
    5. Should data centers be allowed by right, or require a public hearing and discretionary approval?
    6. What studies, standards and guarantees should a data center meet for water, noise, land and cleanup?
    7. How would you make sure America builds enough power and capacity to compete, without bypassing the public?
    8. If AI investment slows, who bears the losses, and what would you do now to protect residents?
    9. Has your government modeled what happens to revenue if AI displaces work or data center revenue falls?
    10. Should Congress override state AI laws, and if so, what replaces them and who administers it?

    Use it

    Send these to every candidate and every sitting official you can reach, at every level, and ask for answers in writing by a stated date. Publish what comes back. If you are a candidate, answer before you are asked. Our proposal is at department.technology/.