The opinions expressed here by Trellis expert contributors are their own, not those of Trellis or its editors.
The U.S. midterm elections earlier this month were a referendum on the artificial intelligence (AI) boom, with more than 40 related measures on the ballot in at least 10 states. Corporate sustainability professionals should seize this moment by encouraging their companies to support responsible AI adoption and development policies.
Voters in California, Illinois, Maine, New York, Ohio and other states overwhelmingly backed restrictions on AI expansion or rejected pro-buildout measures in nearly every contest. They also sided with gubernatorial candidates who ran on pausing new data center projects in Georgia, Ohio and Texas.
In many cases, these outcomes directly impact buildout plans for massive data centers to support cloud computing and AI infrastructure. For example, in one Ohio community, nearly 80 percent of voters backed a ban where Amazon had proposed a $2 billion data center project.
The bipartisan backlash is driven by many factors, including Americans’ concerns about surging electricity demand, increased pollution and hazardous waste, unsustainable water consumption and rising utility bills. A growing number of states have introduced legislation to address these impacts.
Earlier this year, Illinois proposed the “Power Act,” which urged a “Bring Your Own New Clean Energy” approach, prioritizing data centers that invest in clean energy. While the bill did not pass, its proponents plan to push for renewed data center regulations early next year. Similar efforts have moved forward, including Massachusetts’ fall 2026 executive order, which introduced new clean power rules that require data centers to bring their own power and adhere to the state’s clean energy requirements. (The National Environmental Caucus’ Data Center Brief provides a map and overview of additional data center legislation currently underway).
Altered landscape
There have been 80 documented data center policy actions across 27 states according to the US Data Center Policy Tracker. These policies coupled with new measures passed by voters during the midterm election cycle offer opportunities for policymakers and business leaders to pause the AI data center buildout in order to chart a path forward that is nature-positive, equitable and transparent.
Companies can support these emerging AI data center policies by ensuring their trade associations advocate for responsible buildouts and that their own policy agendas support legislation that aligns with and responds to public concerns. They should also adopt internal guiding principles around more responsible AI data centers.
One initiative to watch is the Responsible Data Center Development Collaborative, which reportedly includes tech companies coordinating with environmental and trade groups to draft a common framework for responsible data center development. Ensuring that development is transparent, inclusive of frontline community participation, and authentically aligned with community needs and public interests will be critical.
Here are three types of policies that sustainability professionals should encourage their companies to champion:
- The requirement for data center operators to provide their own clean, renewable electricity: “Bring Your Own New Clean Energy” policies require hyperscalers and data center operators to fund and generate their own clean power rather than depleting local grid resources. ClimateVoice’s most recent Policy Brief outlines a “Pause, Plan and Bring Your Own New Clean Energy” policy approach that includes regulations, robust environmental standards, community agreements and worker protections.
- Robust environmental standards and safeguards addressing community, environmental and public health impacts: Nonprofit Ceres emphasizes the idea of “building right,” optimizing operations and uplifting transparency as part of its Sustainable Solutions for Data Centers resources. For example, data center operators should minimize impacts on local communities and ratepayers, maximize water and energy efficiency, and contribute to improved watershed health and resilience.
- Transparency measures that center community rights and democratic processes, including strong good neighbor policies: Policies should require data centers to pay their fair share and ensure community benefits agreements are in place. For example, in Pennsylvania, one city and project developer entered into a 20-year agreement that caps municipal water use, enforces noise limits and contributes to local civic and environmental funds. Research nonprofit Climate XChange’s Resources for Regulating Data Centers includes examples of state policy toolkits and a model state law.
With seismic electoral developments trending towards increased restrictions and regulation, business leaders can be best prepared to respond in an evolving regulatory and policy landscape by adopting and championing policy guidelines that align with public interest.
The invitation is for leaders and policymakers to chart a path forward that is more socially responsible — a win for American communities and a much-needed step forward for corporate political responsibility.