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SemiAnalysis · · 54 分钟

第033期——300项数据中心禁令、3个项目延迟:暂停令详解(数据中心、能源)

Maya BarkinReyk KnühtsenJordan NanosJeremie Eliahou Ontiveros

半导体能源政策
YouTube
TL;DR
  • 头条数字和可交易数字属于两个不同的宇宙:美国目前已实施300多项数据中心暂停令,但SemiAnalysis按项目绘制的地图显示,实际受到影响的项目只有3个。 Maya Barkin的数据库覆盖17个州的400多项地方措施,对照的是约3,500个项目的美国项目管线;首轮筛选找出受限辖区内77座、单体容量超过20MW的园区,总容量约20GW,但进一步核查后有74座被排除——“最后只剩3个……这相当于受限边界内项目的7.6%”:Ohio州Commercial Point附近的一个AWS项目、Pennsylvania州的NorthPoint园区,以及Colorado州的一个CoreSite扩建项目。
  • 约80%的现行限制令背后完全没有对应容量,绝大多数是城镇在“项目出现之前就先立法”的预防性条例。 要真正造成延迟,多个条件必须同时满足:措施必须覆盖项目地块(县级暂停令只覆盖未建制地区),与项目时间线重叠,覆盖相关用途,并且影响到一个仍需要该审批的项目;同时不能有豁免条款或可行的重新设计路径。项目本身还必须仍在推进,不能已经取消、撤回,或因其他原因延迟——而“这种情况其实并不常见”。
  • Jeremie从曼谷给出的市场判断是:暂停令潮不会改变SemiAnalysis的预测,反而正把表后供电推成溢价配置。 市场正在进入“早期项目供给过剩的阶段”,因此取消项目或投机性选址本来就不在基准情景里;与此同时,Greg Abbott/ERCOT的反弹意味着并网项目“稀缺,而且风险越来越高,而表后项目并不稀缺”。需要关注的红线,是州一级的实质性暂停令连离网项目也一并挡住——“如果这种情况发生在Texas,而且达到那种规模”,整个判断就会改变。Jordan补充称,立法通过的暂停令与可被撤回的行政命令性质不同。
  • New York首次推出全州范围的暂停令:暂停50MW及以上数据中心的环境许可,直至2027年7月;该措施涉及约1.4GW计划容量,全部在2028年及以后,并将约800MW项目延迟6–10个月。 在TeraWulf的讨论中,投资者文件将项目推迟至2029年,被认为距离当前足够远,不影响近期判断:“现在是2029年,对吧?对我来说那是一个世纪以后;我只看未来12至18个月。”
  • 这些政治动作是面向11月的廉价表态,而且跨越党派。 SemiAnalysis的选民调查发现,一些受访者对AI持净正面态度,却对数据中心持净负面态度;他们首先担心电力,其次担心水,而不只是对AI感到焦虑,因此暂停令成为“非常便宜的政治姿态”——“我只要发个暂停令,实际上什么也没做,但……我跟你们一样反对数据中心”。绕过立法机构的行政命令,则可以由州长控制并撤回。
  • 规避路径确实存在:SpaceX推动将其位于Brownsville、占地444英亩的地块撤出该市辖区;据Reyk回忆,这一动作是在抗议声中的一次周六、持续6小时的市民大会上推进的,距离Brownsville通过暂停令仅差几天,最终地块被划回Cameron County。 “我已经不在你们辖区内了,你们管不到我。”其他路径还包括迁址、重新设计、诉讼,或直接购买已经具备审批和开发权的土地,而不是从需要重新分区的绿地项目开始。
  • 受益者是已经锁定电力的表后开发商,以及现场发电和天然气中游产业——“涡轮机、发电机组”。 Texas审计只涉及ERCOT排队接入的项目,因此完全孤岛化的园区不在审计范围内;Reyk预计,正在“应对ERCOT那套疯狂不确定性”的开发商会转向BTM:“我干脆去找一条天然气管道,事情就解决了。”
摘要 · 为研究而整理的核心内容

1. 300项暂停令,3个受影响项目:此前无人做过的地图

  • Maya先给出了本期节目的定义锚点:暂停令是“一种临时性的法律暂停”,通常由地方政府推出,用来“暂停新数据中心的审批、许可和建设”——几乎总是冻结新申请,而不是影响现有设施;期限从数月到1年不等,且经常被撤销或替换。政府之所以采用这一工具,是因为现有分区规则早于“100MW以上、直至数GW级”的设施,而且暂停是“民选官员回应地方反对声音的低成本方式”。
  • 她的方法论是这份研究的核心优势:多数观察者“只是在统计这些暂停令,却没有把它们映射到数据中心项目上”。她建立了一个覆盖17个州、400多项地方措施的数据库,跟踪每项措施从提出到通过、遭否决、到期或解除的完整生命周期,也纳入永久性分区禁令,再逐一对照约3,500个项目的美国项目管线。
  • 两轮筛选的结果是:先找出位于受限辖区、单体容量超过20MW的园区,共77座、约20GW;再逐一核查法律覆盖范围、豁免条款、许可是否已到手,以及时间线是否重叠,最终排除74座。地图上实际仍受到影响的只有3个项目:Ohio州Commercial Point附近的一个AWS项目、Pennsylvania州的NorthPoint,以及Colorado州的一个CoreSite扩建项目。
  • 项目为何如此之少:约80%的现行限制令“背后完全没有对应容量”——要么是城镇在项目出现之前就先立法,要么项目在限制出台前已经获得批准。Jordan难以置信地复述了本期节目的标题结论:图表里的所有限制,实际影响的就是3个项目。

2. Jeremie's预测:暂停令反而是表后供电的礼物

  • Jeremie从曼谷连线时给出的框架是:“我们开始进入早期项目供给过剩的阶段。”SemiAnalysis并不把这些情况计入延迟,因为受影响的选址“按我们预测市场的口径,从来就不是会产生实质影响的项目”——它们既没有许可,也没有申报文件,更没有现场实物证据。
  • 真正可交易的是二阶影响:Abbott那封信的逻辑是,并网会带来居民电价风险,而离网不会;“如果你自带电源,就完全不存在因为你而推高电价的风险”,因此BTM项目“更容易推进,或者说去风险程度更高”。West Texas及其他地区具备天然气和土地条件的选项正在增加;“并网项目稀缺,而且风险越来越高,而表后项目并不稀缺”。
  • 他明确提出的担忧条件,是州一级的实质性暂停令连离网项目也一并挡住——把New York式限制复制到Texas并扩大到同等规模。“如果那种情况发生……我们可能就会——”不过“目前基本没问题”。Jordan补充称,立法通过的暂停令与州长可以随时撤回的行政命令,在性质上有根本差异。

3. 叠加条件测试——以及SpaceX的撤出辖区操作

  • Maya对一次实际延迟的完整判断标准是:措施必须覆盖项目地块(县级暂停令只适用于未建制地区,因此位于建制城市内的园区可以避开),已经通过且仍在有效期内,与项目时间线重叠——不能太早,也不能是“一个3至6个月后到期、而项目计划在2028年的暂停令”;还必须覆盖项目用途和MW门槛,卡住开发商仍需取得的审批,无法通过重新设计绕开,且不存在豁免条款。项目本身还必须继续推进,不能已取消、撤回,或因其他原因延迟。联邦土地、联邦审批或其他既有权利,则可能提供另一条许可路径。
  • Reyk举了一个“看着有人钻出去”的案例:SpaceX推动将其444英亩地块撤出Brownsville辖区,据他回忆,这一动作通过抗议声中的一次仓促周六市民大会完成,最终地块回到没有暂停令的Cameron County;几天后,Brownsville才通过自己的暂停令。“现在他们可以放心在那里建任何想建的东西了。我们的一些订阅者知道他们在那里建什么。”地点就在Starbase旁边。

4. BANANA、蜂箱与廉价的选举季表态

  • Michigan、Ohio、North Carolina、Georgia四州合计约占地方措施的一半,基本都处在数据中心建设最快的区域。Michigan已有45项措施通过,激增源于州长在2024年末签署的数据中心税收豁免政策——“但我们看不到任何项目管线暴露”。
  • Maya的调查发现是本期最反直觉的数据点:一些受访者对AI净正面、对数据中心却净负面;“如果你以为数据中心只是AI焦虑的物理化身,这个结果就非常奇怪”。受访者首先担心电力,其次担心水。这使反数据中心姿态成为直到11月都“非常适合反复强调”的政治议题,而Maya指出,这种反对现在“已经跨越党派”。
  • 一个典型的无知选民案例是:Lambda CEO Stephen/Steven Bibin在X上回复一名“别在我家后院”的批评者,指出对方圈出的建筑“其实是Stream Data Centers的Minneapolis 2园区”——这名批评者在不知情的情况下,早就住在一个数据中心旁边。
  • 仅凭现场调研的细节就值得收听:县级会议纪要、Instagram短视频,以及“只要进对了反数据中心Facebook群组,就能从被拍下来的海报板中看到完整的项目布局和规划”。现场的直观感受是“所有人都讨厌这些项目”,反对声势可能压倒性地强;诉求不是“把项目做小一点”,而是“别在这里建,滚去别处”。Reyk的叔叔还把NIMBY升级成BANANA:“Build absolutely nothing anywhere near anyone”,即“任何地方、任何人附近都不要建任何东西”。Maya表示,反对者通常不是要求缩小项目或增加社区回馈,而是要求项目彻底消失。
  • Jeremie认为,社区回馈方案——学校、道路和其他基础设施——并没有奏效,因为它们没有触及环境与噪音问题的根源。Maya表示认同;Reyk则指出,超大规模云厂商长期以来一直在尝试这些措施,包括植树、供水基础设施,甚至Amazon的屋顶蜂箱。

5. 各州制度分化,BTM与天然气中游受益

  • New York推出美国首个全州范围的暂停令:在编制通用型环境影响声明期间,暂停向50MW及以上数据中心发放州环境许可,期限至2027年7月。该措施涉及约1.4GW容量,全部属于2028年及以后项目,其中约800MW将延迟6–10个月。Stream Data Centers是唯一一个申请已正式处于待审状态的受影响项目,其余项目都还停留在预申请阶段。
  • Pennsylvania和Oregon也承受了同样压力,但没有走到全面暂停这一步。Pennsylvania的“有条件许可制度”要求DEP等申请满足相关要求并获得地方审批后再处理,同时将数据中心移出快速许可通道,并禁止签署NDA——“它会放慢未经审查的项目,但不会阻止已经过审的项目”。Oregon只是将州政府土地上的项目暂停1年,对预测没有影响。
  • 讨论提到,许多超大规模云厂商会与地方政府签署NDA,导致居民很晚才知道当地正在推进数据中心。嘉宾谨慎回忆了一宗AWS Ireland案例,称其最终演变成一场风波。Jordan认为,让市议会成员签NDA、“这样他们就不能告诉自己所代表的居民发生了什么”,实在荒唐;讨论也提到,双方都在提起诉讼。
  • 节目最后半开玩笑地给开发商支招:学SpaceX“创建自己的城镇”,去Texas偏远的未建制地区,购买已经拥有审批和开发权的土地,或者在胜算足够时直接诉讼。Maya更广泛的判断是,项目通常会迁址、调整设计或进入诉讼,而不是直接消失。最终的受益者判断仍然是:已经锁定电力的BTM运营商、处于Texas审计范围之外的完全孤岛化园区,以及“现场发电和天然气中游——涡轮机、发电机组”。
完整逐字稿
Jordan Nanos

I’m joined this week by Maya and Reyk from our data center energy and industrials team. We’re going to talk about data center moratoriums: what they are, our methodology for tracking them, some examples of local and state moratoriums, what has to go wrong for them to actually delay a project, and a few specific examples of how people are potentially circumventing them. Guys, welcome to the show. I’m excited for this one.

Reyk Knühtsen

Yeah. Thanks for having us.

1. What Is a Moratorium

Maya Barkin

Happy to be here on my first podcast.

Jordan Nanos

Love it. Welcome, Maya. So, very first, Maya, could you take us through a definition? What’s a moratorium? It’s kind of a politically charged topic that a lot of people are talking about right now.

Maya Barkin

Yeah. A data center moratorium is essentially a temporary legal pause that’s usually enacted by a local government. It can also be enacted by a state government, and it generally halts approval, permitting, and construction of new data centers. Almost every one of these is a freeze on accepting new applications, so it doesn’t affect existing data centers. These can last anywhere from months to a year, can often be revoked or replaced by new regulation, and can also be extended.

We’ve seen that moratoriums in the US are overwhelmingly local, at the county, city, or township level. But we’ve also seen state-level action start over this past summer, mostly through executive orders rather than legislation. Governments use them for, I would say, 2 main reasons. They use them because many zoning codes were written before anyone was considering those huge, 100-plus-megawatt to multiple-gigawatt facilities being built. A pause buys time to write data center-specific rules and assess infrastructure needs. It’s also a quite low-cost way for elected officials to answer local opposition.

Jordan Nanos

Makes sense.

2. Eight Conditions to Delay

Reyk Knühtsen

Yeah. So, how this piece came about is, we’ve all seen in the headlines over the past year, especially in the summer, that US data center buildout looked like it was coming under increasing pressure, with one moratorium after another being announced and then several states taking action. First New York, then Texas pausing the next step in the ERCOT interconnection queue, then Pennsylvania and Oregon, which we touched upon in the article, also taking measures but stopping short of an actual moratorium.

Over the past year and a half—so it’s a quite recent phenomenon—more than 300 towns, cities, and local governments have voted to pause data centers. There’s been a sharp acceleration over the summer, with, as you can see in the chart in our article, a visible peak in May and June of this year.

Jordan Nanos

It kind of looks like it’s declining. Do you think there’s a change in the political tides, or are you just running out of local governments that can actually enact these moratoriums? What do you see?

Maya Barkin

I think it’s a bit early to say. There could be a new peak. The chart tracks enacted moratoriums, and June had a huge peak, but you can see July is still quite high, so I wouldn’t read into it. I think a lot of the moratoriums that were adopted late last year or early this year were for 6 months and are slowly expiring.

Jordan Nanos

What’s the methodology you’re using to track these? If you’re tracking 300-plus, and there are many more townships or cities to track around the country, how do you actually keep track of all of them?

Maya Barkin

Following all of these announcements, when moratoriums seemed like they were popping up all across the US, I decided I wanted to understand how much capacity was actually at risk of delay. Most people, it seemed to me, were counting these moratoriums but were not mapping them onto the data center sites.

I started by building a data center moratorium database. I recorded, I think, 400-plus local instruments, actions, and proposals.

Jordan Nanos

Oh, we have a guest.

Reyk Knühtsen

Unannounced guest.

Jordan Nanos

A third continent has entered the podcast. We’ve got Jeremie calling in. Where are you?

Jeremie Eliahou Ontiveros

In Bangkok. Sorry, I don’t want to interrupt. You were saying, Maya. It seemed interesting.

Jordan Nanos

You were saying—

Maya Barkin

I was in the flow there. Yeah. I was talking about how I built the data center moratorium database, tracking more than 400 local instruments across 17 states in the US and each one through the whole life cycle, from proposed to either enacted or rejected, as well as expired, lifted, and so on.

I also included permanent bans and restrictions that were written into zoning codes because those constrain development in the same way as a moratorium, just without an expiry date. Once I had an overview of all of these moratoriums, I mapped it against our data center project pipeline, which for the US is, I think, 3,500 projects—not projects, because it’s by buildings, but entries.

I tested each active restriction against the relevant projects. For every instrument, I verified whether the campus sat inside the jurisdiction. But that’s actually not enough. You also need to check whether the developer still needs an approval if it hasn’t secured it before the moratorium came into place. There are a bunch of other things, which I can get into later, but you really need many things to be true at the same time for a project to actually be delayed, and for all of those factors to align at the same time. That doesn’t happen that often, actually.

In practice, at the local level, that meant passing 2 screens. First, I looked at every campus in the model sitting inside a restricted jurisdiction, and that gave me about 77 campuses above 20 megawatts. That was about 20 gigawatts in total.

The second screen was looking at each of these 77 campuses individually: what type of moratorium the jurisdiction they’re planned in has, whether it legally reaches the parcel or whether there’s a carve-out, whether the project already holds the zoning permits and power, or whatever else the moratorium gates. In the end, 74 of the 77 fell out, and only 3 remained. That’s 7.6% of what is inside a restricted boundary. Those projects were an AWS project in Ohio near Commercial Point, the NorthPoint campus in Pennsylvania, and a CoreSite expansion in Colorado.

Jordan Nanos

Okay, so let’s take a step back. At a high level, there are hundreds of projects and thousands of individual buildings that you guys are tracking in the US. The result of all this talk about moratoriums—which, I think, you’re tracking at 300-plus total across the US—

Reyk Knühtsen

That are enacted as we speak.

Jordan Nanos

Yeah. They’re affecting 3 projects that you can find.

Maya Barkin

All of this stuff on the chart is actively affecting 3 projects.

Jordan Nanos

I mean, yeah. So that’s—

3. Behind the Meter Wins

Maya Barkin

Yeah, I can explain why. First of all, most of those moratoriums—I think I had it in the article at around 80% of live restrictions—have no capacity at all in them. That means those ordinances are overwhelmingly preemptive. They’re towns and cities legislating before a project exists, or after a campus is already approved.

Jordan Nanos

Makes sense. So, we’ve got Jeremie calling in from Bangkok, and I think he seems a little busy based on where he’s sitting right now. But let’s get his take at a high level on moratoriums. When you hear something like this—moratoriums are everywhere in the news right now, but they’re actually only affecting 3 projects by our tracking right now—obviously, that can change. Are developers taking this seriously? How are people thinking through the political side of trying to build data centers right now?

Jeremie Eliahou Ontiveros

I think many folks don’t realize we’re starting to get into a moment of oversupply of early-stage projects. It really depends on how you forecast and how you think about forecasting some of these future sites.

We don’t call them delays because we think, hey, those sites that may have actually been canceled, delayed, postponed, or whatever—those were never projects that would have had a material impact the way we forecast the market, because they were already very speculative. We look at the permits, we look at the filings, we look at the physical evidence, and there just wasn’t enough. When those get delayed, there’s essentially not much impact in the grid market forecast, which will stay 2029, and there are plenty of other options in reality.

One of the big takeaways from these moratoriums, especially the Greg Abbott letter in Texas, is that there’s a lot of pushback if you connect to the grid and risk increasing power prices for residents, and so on and so forth. However, if you go off-grid and bring your own power, and you don’t interact with the system at all, then there’s no risk whatsoever that power prices go up because of you.

As such, it becomes an easier, more de-risked project to pursue behind-the-meter. From a market perspective, what that means is that there are many more sites that are suitable for these massive investments, because there are many more options that have gas available, that have plenty of land available, and that are in West Texas or wherever, where you can get permits and burn that sort of amount of fuel without any issues.

Therefore, the number of options for developers is materially rising. It’s concentrating a lot in Texas, to be clear, but grid-connected sites are scarce and increasingly risky, whereas behind-the-meter sites are not scarce. You just have to get the equipment, but getting everything in place is not that scarce. Those are becoming kind of premium despite their high number.

That’s why our forecast sort of isn’t moving, and we’re not currently worried about the trajectory of the data center build-out in the US. We would be worried if we started seeing really material state-level moratoria that imposed restrictions, such as the one in New York. If that were to happen in Texas, for example, at that scale—blocking even off-grid projects—we would probably be worried. But for now, we’re fine, essentially.

Jordan Nanos

Or if a moratorium is imposed legislatively at the—

Jeremie Eliahou Ontiveros

Oh.

Maya Barkin

Jeremie, let me talk here, buddy. Oh, he dropped off.

Jordan Nanos

He left. If an actual moratorium is passed through the legislature, that would be quite different from having a governor enact an executive order that is revocable and can expire once the governor is voted out. It’s easier to revoke.

Jeremie touched upon the ERCOT moratorium in Texas. I just wanted to finish with the local moratoria and explain all these factors that have to happen at the same time for a project to actually be delayed.

First, it obviously has to reach the parcel, and county moratoria generally apply only to unincorporated territory. That means a county moratorium doesn’t reach a project that forms part of a city, because a campus inside an incorporated city within that county is outside the moratorium. It also has to be enacted and still in force; it has to overlap with the project’s timeline.

That’s very important: the project can’t be too far ahead. Many projects that were affected had the affected approval in hand before the freeze, even without shovels in the ground. They also can’t be too far out, like a 3- to 6-month pause that expires years before a project planned for 2028 or beyond.

It also has to cover the use. Many instruments apply only above a certain megawatt threshold or project size, or only to crypto mining, for example. The project also still needs the affected approval. For federal land, federal approvals or other pre-existing rights can provide a separate permitting pathway.

Another factor is that the developer can’t redesign around it by changing the size of the campus, its configuration, or the power arrangement to get around the moratorium. The project has to still be active; it can’t be canceled, withdrawn, or delayed for another reason. Then no carve-out can apply.

There’s one prominent example that we touched upon in the note: the carve-out for SpaceX in Texas, which maybe Reyk wants to touch upon.

Jordan Nanos

Reyk, what’s your take?

Reyk Knühtsen

I think the SpaceX stuff is really interesting. It’s a good counterexample to how easy it is to get out of these moratoria, but it’s also one way of watching somebody weasel out of it.

SpaceX bought this plot in South Texas that was part of the City of Brownsville’s jurisdiction, and they were in the courts for a long time, trying to say, “Listen, let us get this plot. Let us do whatever we want with it.” They were also talking about a moratorium beforehand.

SpaceX’s only way out was basically to force—not force, but really push for—what was called deannexation, which is essentially removing this parcel from the jurisdiction’s boundary. This was a whole ruckus in Brownsville. There were protests; people were in the courthouses saying, “We don’t want this to happen. Why do we even need to do this?”

Everything was happening on a weekend. I think it was a Saturday, and it was a 6-hour town hall. Everyone was asking, “Why are we even here? Why do they need to rush this so much?” SpaceX was saying, “We don’t care. We need to deannex this property right now.”

They ended up going through with it after the 6-hour session. They deannexed the property, and then Brownsville went ahead with the moratorium a few days later. So now, technically, the 444-acre parcel that SpaceX has is completely out of the jurisdiction. It’s back in Cameron County’s jurisdiction, which does not have a moratorium, and so they’re safe.

It’s this really weird thing. I haven’t seen this yet, at least. It’s a very clever way to play the moratorium game: “I’m not in your jurisdiction anymore. You can’t get me.” Now they’re safe to build whatever they want there. Some of our subscribers know what they’re building there, but it’ll be interesting to see how it goes.

Jordan Nanos

This is a 444-acre parcel right near Starbase, right?

Reyk Knühtsen

Yeah, right next to Starbase.

Jeremie Eliahou Ontiveros

Yeah.

Maya Barkin

I just wanted to say this is what I mentioned earlier. It’s really important to make the difference between county jurisdiction and city jurisdiction, because that matters a lot. A city is not subject to a county moratorium, so at the individual-project level, that will matter a lot.

4. Cheap Political Signaling

Jordan Nanos

Can you give examples of some more differences between local and state moratoria? When I see the map that just has a big red shade over Texas and says there’s a statewide moratorium, or I see some announcement in the news, it’ll obviously seem like, “Oh, Texas is going to stop data center building.” But clearly, a ton of projects are going forward for all the reasons that you just explained.

So maybe go between state and local, and the difference between county and city, in some more detail on some given projects.

Maya Barkin

We have to look at each moratorium individually, especially the state ones. A lot of it is also, in our opinion, political signaling, especially with the upcoming November elections, which I can delve deeper into later.

Looking at each state moratorium—oh, great, we have the—yeah, those are the local moratoria.

Jordan Nanos

But just some examples: political posturing might be—

Jordan Nanos

Necessary for people who are trying to get elected in November. Michigan, Ohio, North Carolina, and Georgia—these are the places that roughly have data centers today. You’re not seeing a lot of places that don’t have data centers go and take this seriously from a people perspective, right?

Maya Barkin

Yeah. Here you can see the top 4 states, which account for roughly half of the local instruments in the US: Michigan, Ohio, North Carolina, and Georgia. The fact that these cluster in the Midwest and the South is mainly because this is where the build-out has been the fastest.

But the amount of local moratoria being adopted doesn’t necessarily correlate with or lead to a state-level moratorium. In Michigan, there are 45 that are currently enacted, the majority of which were adopted late last year, in 2026. The trigger was the data center tax exemption that the governor signed in late 2024, and that set off a rush of proposals across the state. Yet we see no pipeline exposure, so the largest projects keep moving forward.

One thing I want to highlight is that this is fairly cheap political signaling. That’s not to say it’s the sole purpose—maybe some politicians are trying to repel data centers—but it’s very cheap political positioning.

We included a poll in the article. We administered it to a sample of the American electorate and asked questions about AI and people’s opinions on AI. We have a full data set outside of this, and we’re going to keep doing this through the election cycle, most likely, and probably afterward, too, because this is going to be more and more important as time goes on.

The most interesting result was that some people were net positive on AI while being net negative on data centers. That was very odd if you were one of the people who thought data centers were the physical manifestation of AI anxiety—a big white box you could point to that physicalizes the problem with what’s going on.

It wasn’t really about AI. The reasons cited were, number one, power, and then water. For candidates running in these elections, this is a really good point to harp on. Many people aren’t happy with data centers, and it’s a nice touchpoint for everybody to campaign on: “I’m going to ban them. I just put out this moratorium. It’s not actually doing anything, but I’m anti-data center just as much as you guys.”

We do expect this to continue through November and afterward.

We're going to have to see how stuff plays out, but we probably don't anticipate it slowing down too much, or at least not on the “second derivative”—just not growing as fast. But yeah, it's going well for the politicians to do this, I guess, is my point. And they have incentives to keep doing this.

Maya Barkin

Yeah. And with ongoing AI doomsday scenarios shaping broader public opinion, I don't see this improving in the near term. And it's become, as you said, Reyk, a major campaign issue.

Reyk Knühtsen

Yeah.

Maya Barkin

And it's cutting across party lines. Both Republicans and Democrats are coming out as being anti-data center.

Reyk Knühtsen

Yeah.

Maya Barkin

Even if they were previously pro-data center.

Reyk Knühtsen

As we've seen in Pennsylvania.

Jordan Nanos

Yeah. I mean, this is clear political signaling, I think, in this place. But maybe one of the most interesting specific examples of this is just how uninformed the electorate is in terms of what data centers actually are. It's basically a gray building. It's not very loud. You know, it consumes a lot of power, but in your example, if you're bringing your own power, I don't know exactly what people have concerns with.

One example that I saw on X was when Steven Bibin, the CEO and founder of Lambda, was talking about how he wants to debunk misinformation about data centers. Somebody replied to him in the comments saying, “Oh, you'd never put a data center in my backyard. They're ugly. They detract from the landscape. You wouldn't put it in this red area down here.”

Stephen responds, “I believe this—I mean this in the nicest way—but that building in the bottom red is actually Stream Data Centers' Minneapolis 2 site.” So you actually live beside a data center already and didn't realize it. That was funny. I saw that the other day.

I mean, driving past them, too—if you go through Virginia and Ashburn, where they have Data Center Alley or whatever, it just looks like a bunch of warehouses. If they're genuinely using different cooling methods, where it's kind of zero-water-use or whatever, the water consumption is not really a problem. Even in the SpaceX agreement at Starbase, they committed to giving back more water than they were going to consume, right? It's going to be through some filtration processes, whatever it may be.

5. The SpaceX De-Annexation

The power side is a different story, obviously, but I think a lot of hyperscalers are working to make this work, or you just go behind the meter. But yeah, it's really topical right now, and so I think it's just going to keep being topical. Maya, what's your take on this?

Maya Barkin

I just want to add one thing to that. I think another sign that this is mainly political signaling is that—I think I mentioned this earlier—these executive actions bypass the legislature. So it installs a pause that those governors can control and revoke, and it denies the moratorium camp a stronger regulatory or permanent instrument.

Speaker 1

Okay. So you don't think that my view of moratoriums was that they were a framework to then be converted from temporary to full-time and maybe expanded in scope over time? You think that there's potential for these to be temporary and controllable, so they can be removed or modified as is convenient?

Maya Barkin

Yeah, they usually last 6 months to a year. There were a few that were 18 months, but it's for the government to buy itself time to put in place zoning regulations—regulations that weren't there before all of those data centers started to pop up, before the project developers came to those local governments and put forward a proposal to develop a data center.

Speaker 1

Makes sense. So, can you maybe talk through what an affected developer might be thinking right now? You go through all the list, and then there are 3 that are actually in the wrong county. The instrument is in place, the permitting that they have is set up, and they're about to break ground or are halfway through construction, and they're being affected by this.

Do you think that, even in those small, specific cases, they're going to try to work through the political process? Or do you think they're going to cancel the project, take their ball and go home, or go somewhere else?

Maya Barkin

Well, for all of the developers that are about to break ground or that are under construction, they generally have their permits already, so they're not going to be affected by the moratorium. It's really important to stress that those moratoriums only affect projects that don't have their permits in hand.

The New York moratorium affects environmental permits. A lot of those local moratoriums also affect environmental permits, building permits, or zoning permits. So it's quite early-stage.

If a developer is really—if time is an issue and they want to have their project on the ground as soon as possible—there are other ways to go about this. They will perhaps develop somewhere else or pull a SpaceX move. There are ways to go around this.

Jordan Nanos

Interesting. How about the statewide stuff? Local moratoriums may require a different approach than statewide ones, which lead to delays as opposed to cancellations, or legal posturing, moving around, and maneuvering.

6. New York vs Texas

Maya Barkin

Yeah. They don't usually lead to cancellations because we don't view projects that are essentially canceled as cancellations, because those tend to be projects that are highly speculative and that wouldn't have happened in the first place, right?

Perhaps we can go a bit more in depth on the New York moratorium and the Texas moratorium—how they differ and how they're also similar. The New York one was the first-ever statewide moratorium in the US. It was adopted in July, and it pauses state environmental permits for new data centers of 50 megawatts or more until July 2027.

That gives the state of New York time to write what they call a generic environmental impact statement. We find that it touches about 1.4 gigawatts of planned capacity, all of which is 2028 or later, and we think it actually delays roughly 800 megawatts of capacity by 6 to 10 months.

Speaker 1

Yeah, that's so interesting.

Speaker 2

Literally 2 years from now—we're talking about 1.5 to 2 years from now. I mean, that's—

Reyk Knühtsen

Forever.

Speaker 2

In the future—

Speaker 1

In data center world.

Speaker 2

Right.

Speaker 1

Right. Right.

Maya Barkin

And we also see that there's—I can go quickly over those projects that are delayed. Stream Data Centers is special because it's the only one that had an application pending when the moratorium was enacted, while all the others hadn't submitted their environmental application yet, so they were in pre-application.

Speaker 1

Yeah, makes sense. And specifically TeraWulf in the green there—I mean, this is a public company, so they're claiming there's no change right now. Do you think that's real, or is this doable?

Speaker 2

I mean, doable, right? I think when looking at their—I don't know, they kept moving the site back regardless. I think it used to be late 2027 or early 2028. Now, in their investor documents, it's been 2029 for a bit.

And so, I mean, it's 2029, right? That's a century away for me. I only know the next 12 to 18 months. Anything beyond that is early-stage or fictional at this point.

Speaker 1

Yeah. Yeah. They vibe-coded or quad-coded data centers on a previous one.

Speaker 2

People just like a website and say, “I have a data center. You should invest with me.”

Speaker 1

Yeah. And then I can, by 2029, figure the whole thing out. Give me a seed round and I'll do it for you.

Speaker 2

Exactly. Okay. So maybe we talked about Texas a little bit earlier. Skipping that, you guys talked about Pennsylvania, Oregon, and other states that are posturing like they're going to have a statewide moratorium, but now they're not going to. What does that look like?

Maya Barkin

Yeah. So I think those cases are interesting, and this is why we also talked about them in the note.

Speaker 2

Essentially, both Pennsylvania and Oregon were facing the same political and public pressure, but they chose not to impose a blanket pause.

Maya Barkin

In Pennsylvania, the governor's order is a conditional permitting regime. That essentially means that it slows unvetted projects, but it doesn't stop vetted ones.

Essentially, what the order does is instruct the Department of Environmental Protection not to take up a permit application until the developer has met certain requirements and secured local approval.

Speaker 2

And it also pulls data center proposals out of the fast-track permitting process and prohibits nondisclosure agreements for data center projects.

Maya Barkin

But it isn't a moratorium, because this conditional permitting regime—which is how they call it—isn't a pause or a ban. What it does is lengthen and broaden the pre-permit diligence.

This has the greatest impact on speculative projects, so serious, well-vetted projects still get through. And then in Oregon, this one has even fewer consequences, I would say. It's the most recent one; it was adopted earlier this month. There, the governor paused data center projects on state-owned land for a year.

Speaker 1

And this again has no impact on our forecast.

Speaker 2

Controversial to build a data center in the state park up on—I don't know. I'm trying to think of one. They weren't proposing data centers by Cannon Beach, at Hat Rock, or whatever it's called there. I'm making a joke. Anyway, yeah, sorry.

Jordan Nanos

One super-interesting thing on the Pennsylvania side: You said the use of NDAs in data center projects. Can you give an example? It seems kind of crazy. Are they putting the state under an NDA, or the local government, or something?

Speaker 2

Yeah, no, that actually happens a lot. Many of the hyperscalers do this. That's how local people and citizens find out about a data center very late in the process: all of a sudden, there's a huge data center in their backyard. That's when anti-data-center community organizations form, because they weren't aware of the project and the developer had signed an NDA with the local government.

Jordan Nanos

Some of this stuff seems sensible. I think it's silly to put city council members under an NDA so they can't tell the citizens they represent what's going on in the town. I don't know.

Speaker 2

No, that ends in a lot of lawsuits. We've seen a lot of lawsuits on both sides.

Speaker 4

Yeah, I think we don't want to say all of it's political signaling, as Maya brought up earlier, and that's a good point. A lot of these people and governments are getting blasted with data center applications and may not know how to check them thoroughly. They may not know how to verify whether the state or the city, county, or whatever it may be, has enough resources.

The NDA thing is quite common, honestly. I remember there was a project where AWS had done this a few times. I think there was one in Ireland where they were found out to be behind a project, and then everybody blew up and nobody was happy about it. Maybe we can just be a little more transparent. We don't have to hide behind NDAs or get all this political backlash.

We can be open about what's going on here. The data center isn't burning through that much water, and it's probably not going to annihilate your electricity prices. It should be okay.

Speaker 3

7. City Council Alpha

Yes, that makes perfect sense, guys.

Speaker 4

Yeah.

Jordan Nanos

Can you talk a little bit about your experience looking into the city council meeting minutes? Do you have any fun stories about local opposition to some of this stuff?

Speaker 2

There are tons.

Speaker 3

You guys are literally listening in to some of these city council meetings, right? Or at least—well, they have YouTube videos. They're on Instagram sometimes. Sometimes I find very valuable information—

Speaker 2

Looking at an Instagram reel or something.

Speaker 4

Yeah, yeah. It's crazy. It's only there because the document hasn't been published yet. Local governments—and governments in general—often take a crazy amount of time to update their records.

Speaker 2

Sometimes there's also crazy alpha in these little areas. In the right anti-data-center Facebook group, you'll get the entire project layout and plan because it's hosted in a closed town hall. Someone took a photo of every poster board, and it's amazing.

But no, I mean, going through the county meeting minutes, you can go through some of these sessions.

Speaker 4

Overwhelmingly, the vibe is that everybody hates these projects. I did not hear really any citizens coming in there and supporting them. Obviously, this is the review-bias thing: I'm only going to leave a review if I love it or if I hate it.

Maya Barkin

Everybody in that county or city meeting is viscerally against the project. They're saying, “No, we're not doing this to my city. I've had a farm here for a century.”

Reyk Knühtsen

It's kind of impressive that, despite all of that, these things keep going through. The pushback is overwhelming sometimes.

Maya Barkin

Yeah. NIMBY is on the national political stage, I think, with what's going on here. Actually, Reyk, did I tell you the better acronym my uncle told me?

Reyk Knühtsen

My uncle—rest in peace, Uncle Bruce—was working on energy systems in Ontario. He was specifically working on a nuclear power plant that they were trying to move around and all this stuff. He ended up going through all these political processes and dealing with people who opposed it.

He started calling them BANANAs instead of NIMBY: “Build absolutely nothing anywhere near anyone.” I think that's a lot of what we've seen from people who are opposed to data centers right now. Light-industrial buildings are pretty quiet, and people are using them to post on their Facebook pages about their opposition to the projects.

Maya Barkin

It's a good point. It's not like, when I'm looking at these county meeting minutes or listening to people in these meetings pushing back against the projects, they're saying, “Make it a little bit smaller,” or, “Give back to the community a little bit more.”

It's not that. It's, “Not here. Go somewhere else. I don't care where it is. You can't do anything to change my mind. You need to go away.” BANANA is more applicable. It's not because it's in my backyard; it's because you can't do it here. I don't want you to do it here.

Jeremie Eliahou Ontiveros

Yeah, and the developers are still trying to woo the local population by coming out with those huge community-benefits packages: building a school, building roads, and trying to convince people that a data center is a good thing.

Maya Barkin

You don't seem convinced that these care packages—the important infrastructure they give everybody—are actually going to work or change anybody's mind.

Jeremie Eliahou Ontiveros

It's not working. I think they have to address the concerns of the population at the root—the environmental concerns and the noise concerns—not put a bandage on them by proposing all of those community benefits.

Maya Barkin

Yeah, that's my opinion.

Reyk Knühtsen

I'm really curious to see how this will go. There have been projects in the past that have done good community work. It's not foreign; it's actually been somewhat commonplace for the hyperscalers. They'll say, “We're planting a million trees,” or, “We're adding another piece of water-utility infrastructure to your city.”

I think Amazon even had a beehive on a roof once. Whatever that was. I'm pretty sure they hosted a whole beehive on their roof, and I thought, “I guess that works.” But this has been around for a while. I just don't know if it's going to solve the opposition problem. I don't know what does.

8. Advice for Developers

Jeremie Eliahou Ontiveros

I'm not trying to play armchair political analyst here, but as we wrap up, for all the developers listening to this podcast and trying to figure out how to get their projects through, give me your 3-step plan for getting the political opposition to calm down a bit.

Maya Barkin

I don't think—I don't think—Maya, go ahead.

I would say, first, if you're SpaceX and you have this kind of leverage, you can pull a maneuver like the Brownsville de-annexation. I think that's becoming part of the toolkit. It has been part of SpaceX's toolkit from the start: create your own town.

Sorry.

Create your own town.

Yeah, create your own. Option number 1. Okay, what else can you do?

Well, I think, as I said, hear the community's concerns. To all the developers out there, you either have to go somewhere else, hard-ball it and start your own town, or come with some better vibes when you're putting these things up.

Reyk Knühtsen

Or maybe go into the middle of Texas—of nowhere—in an unincorporated county, on some random land. You have to be careful, though. Two episodes ago, Nico came on and we were talking about the middle of nowhere, and he said something about middle-of-nowhere Wisconsin. Somebody got in our Spotify comments and said Wisconsin is not the middle of nowhere.

Maya Barkin

I thought about that while saying this. Maybe some people in Texas will be mad if I say that, so let's be careful here.

Most of the time, a developer won't abandon a project completely. If it's not relocation or redesign, they'll try to convince the local population. They can also go the route of litigation if they feel they can win that way.

For example, if a project is already underway and then a new regulation comes into place, we've seen that a lot as well. Overall, moratoriums tend to cause projects to relocate or be reshaped rather than lead to a meaningful delay or permanently stop them.

Reyk Knühtsen

Yeah, I think you just go somewhere else.

Maya Barkin

Middle of nowhere, Abilene, Texas. I’m going to target some people now. Whoever’s in Abilene.

Reyk Knühtsen

I think another thing that might be important is trying to find brownfield land—land with existing approvals already in place and existing entitlements—because the developers won’t need to go through all those requirements. That’s probably better than trying to develop on a greenfield site that needs rezoning.

Maya Barkin

Yeah. I think maybe this is the strategy that you guys are saying the developers are already pursuing, but that Jeremie kind of referred to when he dropped in: They’re just starting a whole bunch of prospective projects. They’re trying to figure out what goes through. Some are not going to get through, and the others that do are going to end up with enough to actually build what they need. You’re going to get into a space where you have an oversupply of data center projects.

Jordan Nanos

And for those out there who want to know when we get to that space, subscribe to the model.

Reyk Knühtsen

You should buy the research. Yeah.

Jordan Nanos

Yeah. You should buy the model. You would know all of this and more. You would have known it earlier. Yeah.

Okay, what did we miss? Any closing comments you want to make?

Reyk Knühtsen

I think, just to reiterate what Jeremie said, the people who benefit at the end of the day—especially in Texas—are behind-the-meter developers and operators with power that is already secured. The Texas audit only touches ERCOT queue projects, so all of those fully islanded campuses are outside the scope. Also, on-site generation and gas midstream—turbines, gensets, and anyone dealing with the ERCOT uncertainty and craziness.

You’re probably going to see some people switching to just BTM because it’s easier, right? I don’t need to wait to be told that I’m not making Batch 0. I’m just going to go ahead and find a gas pipeline and call it a day. It might be a little bit more expensive, but my timeline will probably be shorter, and there’ll be less of a hassle on the financing side. So BTM is probably going to do pretty well because of these issues.

Jordan Nanos

Cool. Awesome, guys. Thanks for joining today. Learned a lot. And for everybody out there, once again, subscribe to the data center energy industrials model. These fine books that we have explain all the things about moratoriums today and can work for you.

Reyk Knühtsen

Perfect. Perfect.

Jordan Nanos

It’s great to be here.

Maya Barkin

Good to be here. Always a pleasure. Jordan, nice job. One under your belt. Now you’ve got to come back and join when Reyk’s not here so that you can beat him. We can start stacking more on this guy.

Jordan Nanos

Okay. Next week.

Maya Barkin

Next week.

Jordan Nanos

Leaving me?

Maya Barkin

You’ve got another article coming next week. What are you doing?

Jordan Nanos

Sorry. Are you speaking to me?

Maya Barkin

You’ve got another article coming next week. We’re going to talk about next week: Moratoriums, round 2.

Jordan Nanos

Yeah, I’ve got some more policy and regulatory things coming up.

Maya Barkin

We’ve got nothing in the newsletter pipeline, but we’re cooking some crazy political stuff. I think that’s the goal.

Okay, guys. I’ve got to jump, but it’s been a pleasure.

Jordan Nanos

This was awesome. Nice job, Maya. Nice job, Reyk.