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After the Nov 3, 2026 election, headlines mixed real state permit holds, campaign promises and local votes into talk of "bans." This page sorts each claim against a public primary source. Nonpartisan. Updated Nov 5, 2026.
As of Nov 5, 2026: 3 statewide holds in force by executive action (Texas, New York and Oregon). Pennsylvania set new permit rules, not a ban. 0 state laws banning data centers. 1 stalled federal bill (S.4214). Local measures: limits passed in 46 of 47 tracked local ballot decisions with results available Nov 4 (Ballotpedia, unofficial results as of Nov 4, 2026). Results are preliminary; local votes are not a national survey.3
Outgoing Gov. Greg Abbott directed the Texas Commission on Environmental Quality to halt permits sought by data centers until an ERCOT audit is done.12 This is an executive directive, not a law.
Hinojosa promised a ban on all data center approvals until the Legislature passes protections. Nothing is enacted yet. Ending tax breaks or giving local votes still needs the Legislature.56 See every tracked project in Texas.
Only winners and sitting governors with a primary source. Party colors: Democrat, Republican, Independent.
Executive actions already in effect. None is a state law.
Texas: directed TCEQ to halt permits sought by data centers until the ERCOT audit is done. Executive permit hold, not a law.1
New York: Executive Order 62 (Jul 14, 2026). DEC pauses discretionary permits to build or expand data centers of 50 MW or more until the state finishes a generic environmental impact statement. Local permits continue.10
Oregon: Sep 8, 2026 pause on state land requests for data centers, then an Oct 9, 2026 letter asking DEQ to pause air and water discharge permits for new or expanded data centers. Both run through Jul 1, 2027. Not a ban on private land.1112
Pennsylvania: Aug 18, 2026 executive order. Takes data centers off fast track permitting, bars project NDAs with state agencies and sets binding commitments for large projects. Rules, not a ban.13
Campaign promises. Nothing is enacted until they take office and act.
Texas, governor-elect: promised a statewide moratorium on new data centers until the Legislature passes protections. Takes office Jan 19, 2027. Nothing enacted.5
Ohio, governor-elect: backs a conditional moratorium. Projects must cover all utility costs, use union labor and meet environmental standards. Campaign promise.7
Georgia, governor-elect: plans a temporary statewide pause on new data center construction, measured in months. Campaign promise.14
Michigan, governor-elect: will put a moratorium on data centers until enforceable rules cover power costs, water use, tax breaks and public hearings. Campaign promise.15
New Mexico, governor-elect: moratorium on new large projects until guardrails exist, such as their own renewable power and no rate pass-through. Campaign promise.8
Wisconsin, governor-elect: backs a pause while the DNR finishes its environmental review, plus a local veto. Campaign position.1617
Winners who say no to a statewide moratorium.
Arizona, reelected: rejects a statewide moratorium. Supports data centers that meet state water and power standards and pay their own way.18
Florida, governor-elect: opposes a statewide moratorium. Says county commissioners issue building permits, not governors.19
Each badge is explained in the color key above. Tap a source number for the primary link.
Executive directive, not a law. TCEQ halts all permits sought by data centers until the ERCOT audit is done; Aug 3 order paused new grid connections.
Hinojosa won and promised a ban on all data center approvals until the Legislature passes protections. Nothing enacted. She takes office Jan 19, 2027; Legislature convenes Jan 12, 2027. Ending tax breaks or giving local votes needs the Legislature.
Governor-elect campaign plan for a temporary statewide pause on new data center construction, length described in months. Campaign promise only. Nothing enacted.
Not yet verified against a primary campaign or state page
Conditional moratorium: data centers must cover 100% of utility costs, union labor, transparency. Campaign platform only.
Platform calls for a pause on new large-scale projects until guardrails exist.
Ford proposed pausing tax breaks, wage standards and making data centers pay for residential rate increases. Not a construction moratorium.
No primary source or method given.
S.4214 AI Data Center Moratorium Act (Sanders, with AOC House companion), introduced Mar 25, 2026, referred to Senate Commerce, no action since. New Congress seated Jan 2027; bill would die at end of 119th Congress and face a possible veto.
Ballotpedia as of Nov 4: at least 50 local measures in 13 states in 2026; 47 decided; 46 favored limits; only Harwood ND went the other way. Counts include earlier 2026 votes and mix bans, megawatt caps, voter-approval rules and advisory questions. Ohio has the most (about 20 per Ballotpedia).
Examples per Ballotpedia: Alhambra CA (82% yes), Edgewater FL charter ban (77%), Granville OH (82%), Hubbard OH (77%), Pataskala OH large-scale (74%). Conneaut, Defiance, Oregon OH cap at 25 MW. Bloomington IL is advisory only. Results mostly unofficial until canvass.
No state law banning data centers found. The Texas, New York and Oregon pauses are executive actions on state permits or state land, not statutes.
Download this tracker as data: moratoriums.json (ODbL 1.0). Also at /moratoriums.json.
We cite only public primary sources: legislatures, governors, agencies, counties, Congress.gov, Ballotpedia and wire reports. We do not cite client-only sell-side research.