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⚖️ POLICY & REGULATION
Heinrich Says Democrats Won't Wait For Their New Majority To Pass The Permitting Bill That Makes Data Centers Pay For Their Grid Hookups: Sen. Martin Heinrich said Wednesday, Nov. 4, that the Democratic authors of the bipartisan permitting bill will not hold it for a better deal once their party takes both chambers in January, calling it the closest the bill has come to becoming law, Reuters reported. S 5653, introduced Sept. 30 by Sens. Shelley Moore Capito, Mike Lee, Sheldon Whitehouse and Heinrich, bars utilities from recovering the cost of grid upgrades for data center loads of 20 MW or more from any other customer and orders FERC to rewrite its transmission pricing policy within 270 days of enactment. A coalition of 185 groups urged Congress on Oct. 13 to reject it as a back door for fossil-fueled data center power. The Senate returns Nov. 9. Track S 5653 on Docket Room. Link
Google Will Cut Off Search For Schools That Switch Off Its AI, And Sanders Calls It Extortion: Schools that fully disable Google's AI tools will also lose Google Search starting early next year, education vice president Chris Phillips told the New York Times on Tuesday, Nov. 3; after the backlash Google said schools can turn Search back on without Gemini, though AI Overviews stay built in, TechCrunch and CNBC reported. Sen. Bernie Sanders called the plan "extortion" and Sen. Richard Blumenthal said Google cared more about forcing Gemini into schools than about students. Blumenthal and Sen. Josh Hawley had asked Sundar Pichai on Oct. 21 whether administrators can switch the AI off, with answers due Nov. 2. Link
Sanders Calls For A National Data Center Moratorium After Local Ballots Go Against Developers: Sen. Bernie Sanders posted "NATIONAL DATA CENTER MORATORIUM NOW" on Wednesday, Nov. 4, citing local votes in which 43 of 44 communities backed limits, Benzinga reported. His S 4214 and Rep. Alexandria Ocasio-Cortez's companion H.R. 9442, the AI Data Center Moratorium Act, would freeze new AI data center construction until safety, labor and environmental laws pass; both sit in committee, S 4214 since March 25. Link
📅 This week on Docket Room
Mon., Nov. 9: the Senate returns, with the permitting deal and its data center ratepayer rules awaiting floor action: S 5653.
Mon., Nov. 9, 10:30 a.m.: D.C. Council hearing on its bill against AI-made false sexual imagery, B 26-0524.
New this week: Pennsylvania's hyperscale data center reporting bill, HB 2888, went to the House Energy Committee Nov. 4.
STATES
Colorado's Governor-Elect Makes Data Centers His First Legislative Priority: Attorney General Phil Weiser, elected governor Tuesday, named data centers, social media regulation and ColoradoCorps as his top three legislative priorities, Colorado Public Radio reported Wednesday, Nov. 4. He wants data centers to pay for their own electricity without undercutting the state's climate goals, is open to tax incentives in "just transition" communities such as northwest Colorado, and said communities "should not have data centers shoved down their throats." His office's rules under the state's automated decision-making law, SB 26-189, are due by Jan. 1, 2027, when the law takes effect. Link
Brownsville Adopts A 90-Day Data Center Moratorium On Final Reading, Running To Feb. 3: The Brownsville City Commission passed the moratorium Wednesday evening, Nov. 4, after its third public hearing; it halts acceptance, processing and approval of data center applications from Thursday through Feb. 3, 2027, and city leaders expect to use the one 90-day extension state law allows, ValleyCentral reported. Draft rules would require closed-loop cooling, cap sites at five acres and keep data centers at least a mile from homes, schools, hospitals and places of worship. Link
Casey County, Ky., Adopts A 12-Month Data Center Moratorium: The Casey County Fiscal Court approved the moratorium by majority vote at a special called meeting Wednesday, Nov. 4, covering construction, development and operation of data centers and data center energy systems in unincorporated areas while the county reviews water supply, infrastructure and regulatory standards, WKYT reported. Lexington and Georgetown have also paused data center decisions. Link
🛡️ SAFETY & SECURITY
India's CERT-In Issues Four-Tier AI Security Audit Rules For Anyone Serving Indian Users: CERT-In's Artificial Intelligence Security Auditing Guidelines (CISG-2026-04), dated Wednesday, Nov. 4, cover organizations that develop or deploy AI in India and foreign companies offering AI services to Indian users. Systems are rated low, moderate, high or critical: moderate systems need an independent audit at least yearly, high-risk systems empanelled third-party audits as often as every six months, and critical systems continuous monitoring, while reportable AI incidents go to CERT-In within six hours under its 2022 directions. The document states no separate penalty or compliance deadline. Link
EU AI Office Hires A Capgemini-Led Consortium To Test Frontier Models For Cyber-Offense Risk: Capgemini said Thursday, Nov. 5, it will lead a consortium with Wavestone and LNE, France's national testing laboratory, to model cyber-offense risks from general-purpose AI models, build evaluation tools and run on-demand technical assessments for the Commission's AI Office, which enforces the AI Act's duties on those providers. The award is Lot 2 of tender EC-CNECT-2025-OP-0032; a separate Lot 1 covers chemical, biological, radiological and nuclear risks. Link
💰 POWER & CAPITAL
CoreWeave's Bonds Hit New Lows After Texas Elects A Governor Who Wants A Data Center Pause: CoreWeave's unsecured notes due 2031 traded as low as 79.5 cents on the dollar Wednesday, Nov. 4, and its 2030 and 2032 notes sat at distressed levels with yields above 15 percent, Bloomberg reported, after Gina Hinojosa won the Texas governor's race; Quartz put the stock's drop at 7.2 percent and noted Republicans still control the Legislature, which limits what she can change by statute. TX SB 6, the 2025 law governing ERCOT loads above 75 MW, gives no one power to stop a project. Link
Microsoft Passes On Doubling Its Texas Lease With Nscale: Microsoft will not exercise an option to more than double its contract to rent computing power from Nscale at the Ward County, Texas, site, Reuters reported Wednesday, Nov. 4, after the Financial Times said the extension would have been worth tens of billions of dollars to Nscale. A source said the decision was made months ago, before Nscale's September IPO filing, and the existing Texas contract stands. It follows Microsoft's exit from Nscale's Loughton, England, project after power-connection delays pushed supply into the 2030s. Link
📜 DISPATCH PRO
The working layer under this briefing is The Docket, in Dispatch Pro
What moved in all 50 states since the last issue, which AI bills actually matter this week, and exactly what they would make you do, by when: obligations, deadlines and penalties pulled from the bill text and verified, similar bills in other states, every hearing and effective date we have reported, plus a Docket Room Pro seat ($49/mo on its own).
Today for Pro readers: one new AI-adjacent bill since Wednesday; this week's three; The Bill on S 5653, the Senate permitting deal behind today's lead, with 4 obligations read from the introduced text; D.C.'s Nov. 9 hearing and 37 dated actions in the next 30 days.
$29/mo or $290/yr after the trial, less than the Docket Room seat alone. Cancel anytime. Team licenses on request.
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