5. Regulation & Policy

The regulatory battlefield: federal fast-tracking vs state backlash, sovereign AI mandates, and the export control reversal.

37 states
Offer DC tax incentives
$162B
Projects blocked/delayed
$75B
South Korea sovereign AI
142
Activist groups (28 states)

On This Page

US Policy

CHIPS Act and Data Centers

Originally scoped to chip fabs, not DCs. In November 2025, OpenAI requested expanding the 35% Advanced Manufacturing Investment Credit (AMIC) to cover AI data centers, AI server producers, and grid components. Not yet enacted.

Executive Orders (July 2025)

Trump signed "Accelerating Federal Permitting of Data Center Infrastructure":

State-Level Dynamics

StateRevenue ImpactStatus
Virginia$1.6B forgone in FY2025Senate wants sunset by Jan 2027; House wants to preserve through 2035 with clean energy strings. Loudoun County eliminated by-right DC development (March 2025)
Texas$1B+ in exemptions (FY2025)Originally estimated at $130M. Anthropic announced $50B buildout starting Texas/NY
Georgia$2.5B+ expected loss664% above state estimates. Legislature passed repeal; governor vetoed it

European Regulation

EU AI Act

GDPR vs CLOUD Act

American tech giants control 70%+ of Europe's cloud infrastructure. In summer 2025, Microsoft France GM testified he cannot guarantee French data safety from US authorities. Google, Amazon, Salesforce stated they would comply with US court orders for European data.

EU Chips Act

Two years in: EUR 69 billion catalyzed across R&D and facility investments. EUR 80B+ total mobilized. Chips Act 2.0 proposal planned for Q1 2026.

Energy Efficiency

Data Center Energy Efficiency Package expected Q1 2026, targeting carbon-neutral DCs by 2030. Proposed Cloud and AI Development Act aims to triple EU DC capacity within 5-7 years.

Sovereign AI Initiatives

CountryInvestmentKey Details
Saudi Arabia$20B+HUMAIN under PIF. First domestic AI chips by mid-2026. Partnerships: Microsoft, Google, Aramco
UAE500K NVIDIA chips/yearLargest AI campus outside US planned. G42 + OpenAI + NVIDIA partnerships
South Korea$75B260,000+ GPUs, AI Basic Act (Jan 2026), dedicated presidential AI secretary
FranceEUR 109BInfrastructure pipeline through 2030, target 500,000 GPUs, sovereign cloud focus
India~$1.25BIndiaAI Mission. AI Summit Feb 2026
JapanSignificantRapidus 2nm pilot line. Heavy domestic fab investment
SingaporeNational AI Strategy 2.0#1 globally in AI readiness (score 0.80)
UK14,000 Blackwell GPUsEurope's AI leader. Strong in safety research, healthcare AI, fintech
EUEUR 200B (InvestAI)EUR 20B for AI gigafactories. 15+ AI Factories across member states

Export Controls

The December 2025 Reversal

Affiliates Rule

BIS suspended the "Affiliates Rule" for one year (November 2025). Non-US DC operators should evaluate ownership structures before it resumes November 2026.

China's Response

China continues Huawei Ascend development, but CFR concludes Huawei cannot match NVIDIA at scale. The loosened controls ensure next-gen Chinese AI likely runs on US hardware.

Environmental Regulations

Water Usage

Community Opposition

Tax Incentives

At least 37 states offer DC incentives. At least 6 states introduced legislation to roll back in first 6 weeks of 2026.

The political calculus is shifting as job creation (often 30-50 permanent jobs per facility) appears modest relative to billions in forgone tax revenue.

Data Sovereignty

Energy Policy

Nuclear PPAs for Data Centers

DealCapacityDetails
AWS / Talen Energy1.92 GW17-year PPA from Susquehanna nuclear plant. $20B AWS investment in PA
Meta / Constellation1.1 GW20-year PPA from Clinton plant
Microsoft / ConstellationTMI restart20-year PPA to reopen Three Mile Island by 2028
Meta / Oklo1.2 GW16 Aurora SMRs (75 MW each) for Ohio campus (Jan 2026)
Google / Kairos Power6 SMRs24/7 carbon-free energy by 2030
Equinix / Oklo500 MWSMR commitment

Grid Interconnection

FERC unanimously ordered PJM to develop rules for DC colocation at power plants. Washington and Oregon advancing legislation requiring DCs to pay for grid infrastructure upgrades.

Geopolitical Dynamics

Middle East as Emerging Hub

Capacity projected to triple from 1 GW (2025) to 3.3 GW. Dubai, Riyadh, and Istanbul positioned as connectivity hubs linking Europe and Asia.

ASEAN Growth

Africa's Potential

Key Sources