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⚖️ POLICY & REGULATION

Senate sets permitting bill votes for next week: The Senate will return next week to H.R. 2347, the vehicle for S 5653, the Bipartisan American Affordability and Jobs Act, for amendments and a final passage vote, Sen. Sheldon Whitehouse, D-R.I., one of its four authors, told Reuters on Wednesday. No more votes on the bill are expected this week.
The Senate agreed 62-21 on Tuesday to the motion to proceed, a day after invoking cloture on that motion 73-25, the Senate roll calls show. Democrats led by Sen. Adam Schiff, D-Calif., want to strike its National Historic Preservation Act provisions. Sen. Josh Hawley, R-Mo., filed amendments to shield farmers and other landowners from eminent domain for transmission lines.
The stakes: The bill keeps the rule that new data centers of 20 MW or more pay the full cost of the grid service they need. Hawley's amendments go at the transmission lines that serve those loads, so the floor fight reaches siting even if the cost rule survives. Problem Solvers Caucus members told senators the House will vote on it, Reuters reported.
Next: Floor stage, amendments, then final passage, week of Nov. 16. Track S 5653 on Docket Room. Link

Hawley backs a national data center moratorium: Sen. Josh Hawley, R-Mo., listed a moratorium on data centers among the priorities he wants Senate Republicans to take up in the next six weeks, in a post on X on Wednesday, the Washington Examiner reported. The Examiner called him the first Senate Republican to join Democrats in backing a federal moratorium.
He named no bill. He is not a cosponsor of Sen. Bernie Sanders' S 4214, the Artificial Intelligence Data Center Moratorium Act, in the Commerce Committee since March 25.
The stakes: A pause has been a progressive cause, and Hawley gives it a Republican voice weeks before Democrats take both chambers in January. The thing to watch is whether he files his own bill or signs on to S 4214.
Next: In committee, no vote scheduled. Track S 4214 on Docket Room. Link

House chairs ready a subpoena as Nvidia weighs Huang: Rep. John Moolenaar, R-Mich., chair of the House Select Committee on China, told Fox Business on Wednesday that Nvidia CEO Jensen Huang would likely be subpoenaed if he did not agree by day's end to a closed-door briefing, TechCrunch reported. Foreign Affairs Chair Brian Mast, R-Fla., said his committee is preparing one.
Sen. Kevin Cramer, R-N.D., a senior Banking Committee member, told Politico on Tuesday that Huang "has got to go" over his relationship with a former Megaspeed executive U.S. officials suspect is a Chinese intelligence asset, Reuters reported. Nvidia's board met Wednesday evening on whether to remove him and had announced no decision by Thursday morning, CNBC reported. Nvidia says it has no reason to believe national security or company secrets were compromised, and no one has been charged.
The stakes: A subpoena would put the affair on a congressional record while Sens. Elizabeth Warren and Jim Banks push the chip export licenses in the AI OVERWATCH Act, S 4456, into the defense bill.
Next: Requested briefing, Wednesday, Nov. 18. Link

Dexter files bill to bar data centers on public lands: Rep. Maxine Dexter, D-Ore., introduced the Protecting Our Public Lands from Data Centers Act on Wednesday, her office said. It would bar developing, selling or transferring Forest Service and Interior Department land for new data centers and related infrastructure. Land used for a data center without congressional approval would return to public ownership.
The Sierra Club, Earthjustice Action and the Center for Biological Diversity back it. The release listed no bill number or cosponsors.
The stakes: It joins Rep. Rashida Tlaib's HR 9939, the No AI Data Centers on Federal Lands Act, in Natural Resources since July 23. In our assessment both are markers for the Democratic House in January rather than lame-duck vehicles. Link

📅 This week on Docket Room

  • Mon., Nov. 16, 1 p.m.: New Jersey's Assembly technology committee takes up the AI workplace monitoring bill, A 4981, with the data center NDA ban S 4304.

  • Week of Nov. 16: Senate amendments and a final passage vote on the permitting bill with the 20 MW data center cost rule, S 5653.

  • Jan. 1, 2027: New York's RAISE Act registration and safety frameworks due for large frontier developers, S 8828.

STATES

Ohio's AI bills stall as the session runs out: Eight AI bills sit in the Ohio House Technology and Innovation Committee with the session ending in mid-December, and Chairman Thad Claggett, a Republican, says none is ready for a vote, the Ohio Capital Journal reported Wednesday. Claggett said poorly written laws could have unintended consequences.
One of them is HB 524, from Reps. Christine Cockley, D-Columbus, and Ty Mathews, R-Findlay. It would let the attorney general investigate developers whose models produce content encouraging suicide, self-harm or violence, with civil penalties up to $50,000 per violation. Cockley blamed industry influence for the delay.
The stakes: Ohio will likely finish 2026 with no chatbot law despite Gov. Mike DeWine's repeated calls for safeguards. Cockley is counting on Gov.-elect Amy Acton next year, so in our assessment the 2027 reintroduction is the version to read.
Next: In committee; session ends mid-December (est.). Track HB 524 on Docket Room. Link

Virginia and Washington groups seek statewide pauses: Fourteen groups, including the Southern Environmental Law Center, the Chesapeake Bay Foundation and the Sierra Club's Virginia chapter, launched Pause to Protect on Wednesday. They ask the 2027 General Assembly to halt new data center construction until protections are in law. Their platform would keep data center costs off other customers' bills, bar polluting behind-the-meter power and limit cooling water.
In Washington, Front and Centered and Tri-Cities Data Center Watch want a three-year statewide pause in the 2027 session, KIRO 7 reported Wednesday. Neither push has a named sponsor.
The stakes: Without sponsors these are asks, not bills. The Virginia platform goes past Gov. Abigail Spanberger's Data Center Accountability Framework, so in our assessment the first fight is inside her own party. Link

Minneapolis votes Thursday on data center rules: The Minneapolis City Council takes its final vote Thursday at 9:30 a.m. on rules that would allow new data centers only in existing downtown buildings, cap server space at 150,000 square feet and require centers above 50,000 square feet to join a renewable energy program, MPR News reported. Mayor Jacob Frey supports the compromise, and council members said he would veto a full ban.
Center Point, Iowa, adopted a 12-month moratorium unanimously Tuesday, effective Nov. 20, Corridor Business Journal reported. Riverside, California, voted 5-2 Tuesday to stop accepting data center proposals, per The Riverside Record. Lee County, Georgia, extended its pause to June 30, 2027, WALB reported.
The stakes: Minneapolis is choosing standing rules over a longer pause. If the ordinance misses seven votes, the moratorium lapses Nov. 21 and data centers fall back to permits in 10 of the city's 15 zoning districts.
Next: Rochester, Minnesota, council votes Monday, Nov. 16, on an interim moratorium. Link

💰 POWER & CAPITAL

Doña Ana sends Project Jupiter a second breach notice: Doña Ana County commissioners voted 4-0 on Tuesday to send Project Jupiter's developers, led by Oracle, a notice of breach for missing an Oct. 31 jobs report deadline under their industrial revenue bond agreements, the Albuquerque Journal reported. A county spokesperson said it was the second time in 2026 the project's jobs data arrived late.
The commission sent an Oct. 27 notice over a proposed energy plan involving an El Paso Electric connection. Stack Infrastructure said it takes its commitments to the county seriously.
The stakes: Bond agreements are where a county keeps leverage after approval, because the jobs reports are a condition of the tax break. The Journal did not say what remedies the agreements give the county.
Next: State air permit hearing on the project's power plant, Monday, Dec. 7, Sunland Park. Link

Mississippi board upholds xAI's 41-turbine permit: The Mississippi Department of Environmental Quality's Permit Board on Tuesday denied an appeal of the air permit for 41 methane gas turbines at xAI's Colossus power plant in Southaven, after a two-day evidentiary hearing in Jackson, Action News 5 reported. The board found "insufficient evidence" for the appellants' claims.
The NAACP, Safe and Sound Coalition and Young, Gifted & Green, represented by the Southern Environmental Law Center, appealed in April. "This permit fails to protect families in North Mississippi and South Memphis," SELC senior attorney Patrick Anderson said.
The stakes: State air permits are the checkpoint on-site gas plants still have to clear. The fight now rests on the NAACP's separate Clean Air Act suit, which U.S. District Judge Debra M. Brown let proceed Oct. 30. Link

Kraft Group pitches a $16 billion Sutton campus: The Kraft Group is proposing a 10-building, 900 MW data center campus on Unified Global Packaging land in Sutton, Massachusetts, at more than $16 billion, according to a town manager's memo the Select Board discussed Tuesday, the Boston Globe reported. The memo estimates $10.4 million a year in taxes from fiscal 2031, rising to about $27.8 million, against a town levy of about $32 million.
Residents called for a moratorium, Boston.com reported.
The stakes: Gov. Maura Healey's September executive order sends projects over 25 MW through state permits that need host-town approval and a community benefits agreement. Sutton's zoning does not list data centers, so the campus needs a bylaw passed by two-thirds of town meeting.
Next: Draft terms in spring; town meeting vote in May (est.). Link

📜 DISPATCH PRO

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Today for Pro readers: 3 AI bills moved since the last issue, 0 rated Act; this week's three; The Bill on NJ A 4981 with 5 obligations, deadlines and penalties pulled from the text; the Nov. 16 New Jersey committee hearing and 49 dated actions in the next 30 days.

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