A data center is a warehouse full of computers that run artificial intelligence. It drinks electricity and water on a scale most towns have never had to plan for, and somebody has to pay for the power plants and the pipes. Across the country, towns and counties have started saying no — or at least not like this.
So this year, a lot of Republicans started saying the same thing. Let the community decide. Local control. Your town, your call.
There is a problem with that. On May 22, 2025, almost every Republican in the U.S. House voted for a bill that would have made local control over data centers illegal for the next ten years.
That is the finding of a report published August 24, 2026 by the Center for American Progress Action Fund, written by its vice president of technology policy, Adam Conner. We pulled the roll calls ourselves. They are exactly what the report says they are.
The vote
Buried in the House version of Trump's budget bill was a section called the "Artificial Intelligence and Information Technology Modernization Initiative." One paragraph of it said that for ten years, no state and no city or county could enforce any law limiting, restricting, or otherwise regulating artificial intelligence models or systems.
That word "systems" is the whole ballgame. The bill did not define an AI system as software. It defined it as "any data system, hardware, tool, or utility that operates, in whole or in part, using artificial intelligence" — the buildings, the chips, the cooling, the power hookups. A data center is all of those things in one place.
The National Conference of State Legislatures, which exists to advise state lawmakers, read the language and wrote to the House Energy and Commerce Committee in May 2025 to warn exactly what would happen. Restricting states this way, the group told the committee, would "circumvent their authority to regulate the permitting, construction and operation of data centers within their borders" — "raising costs for ratepayers, jeopardizing zoning decisions that protect our mutual constituents and impacting existing infrastructure such as power grids and generating facilities."
The bill was not neutral about which direction the rules could run, either. It carved out an exception for state and local laws whose purpose was to "remove legal impediments to" AI or to "streamline licensing, permitting, routing, zoning, procurement, or reporting procedures" for it. Rules that made it easier to build a data center were fine. Rules that made it harder were banned.
The House passed the bill anyway. The roll call records 215 Republicans voting yes and two voting no — Thomas Massie of Kentucky and Warren Davidson of Ohio. Every Democrat voted no.
The provision never became law. The Senate stripped it out at 4:08 in the morning on July 1, 2025, on a 99–1 vote. Ninety-nine senators, both parties, agreed it had to go.
But the House vote happened. It is on the record, and it belongs to everyone who cast it.
Four of them voted for it four separate times
The floor vote is the one a member can shrug off as a vote on a thousand-page bill. Four of the members named here cannot use that excuse, because they sat on the committee where the provision was written and had to vote on it by itself.
Gabe Evans of Colorado, John James of Michigan, Tom Kean Jr. of New Jersey and Mariannette Miller-Meeks of Iowa all serve on the House Energy and Commerce Committee. The committee's markup ran through the night of May 13, 2025; Politico reported that the panel cleared the communications section — the one that "would most notably institute a 10-year moratorium on state AI legislation" — shortly after midnight. Three recorded votes touched it:
- The committee's ranking Democrat offered an amendment, COMM19, to delete the ten-year ban from the bill entirely. It failed, 24 yeas to 29 nays. Evans, James, Kean and Miller-Meeks all voted no — they voted to keep it in.
- The committee then voted 29–24 to send the section containing the ban to the Budget Committee. All four voted yes.
- The committee voted 30–24 to transmit its full recommendations, ban included. All four voted yes.
Then they voted for it again on the House floor nine days later. Four votes. One of them was a straight up-or-down question — should this ban be in the bill, yes or no? — and they answered it.
Arizona, Iowa, Michigan, Wisconsin: the promises
Andy Biggs is the Republican nominee for governor of Arizona. Asked in a July 2026 interview how he would handle the state's data center boom, he told KTAR News that "it becomes a local jurisdiction issue and the state's just got to make sure we take care of the water and the power situation." The bill he voted for would likely have made a state water-or-power requirement aimed at data centers unenforceable.
Ashley Hinson is the Republican nominee for the U.S. Senate in Iowa. In an August 10, 2026 interview, she told Iowa's News Now that "these decisions are best decided at the local level," and that Iowans "want to know that their utility rates are not going to go skyrocketing" and that when they "turn on the faucet, not only is there going to be water that comes out, but that it's going to be safe to drink." She did not mention her vote.
Mariannette Miller-Meeks, who voted for the ban four times, told the same station in July that "people are rightly concerned about water usage and electricity rates going up," and that AI growth "needs to be done transparently. You need to have community involvement in this." Transparency rules and community sign-off are precisely the kind of documentation and permitting obligations that the ban she voted for four times would likely have blocked.
John James, also a four-time yes vote, is the Republican nominee for governor of Michigan. Asked in June 2026 for his data center position, he gave Spectrum News a five-part answer and led with it: "Local control. Don't increase my bills. Take care of my water. No pollution. Prioritize brownfields over productive farmland." Every item after the first would have to be written into a state or local rule to mean anything, and the ban James voted for four times is a ban on writing exactly those rules.
Tom Barrett of Michigan's 7th District is running ads on this. We covered one of them: a spot in which he says he "stood up to my own party" on data centers, built on a 2015 state legislative vote about a single building in Grand Rapids. On August 19, 2026, Semafor's Dave Weigel posted a clip from Barrett's virtual town hall in which Barrett denounces "proposals to nationalize decisions that would override local communities about their decisions around data centers." He had voted for one.
Tom Tiffany is the Republican nominee for governor of Wisconsin. "Data Centers" is the only page under the solutions section of his campaign site, and the second of his five standards is titled "Give local communities the final say." Under it: "No data center should be forced on a community that doesn't want it. Local residents should have the final say over what gets built in their backyard." His other four standards — ending tax breaks, protecting farmland, making data centers pay their own energy costs, banning secret nondisclosure agreements — are each a tax, a zoning rule, a fee or a documentation requirement aimed at data centers. Those are the words the bill he voted for used: a "substantive design, performance, data-handling, documentation, civil liability, taxation, fee, or other requirement" on an AI system. We have also written about the $5,000 Tiffany took from the only registered lobbyist for Wisconsin's data center coalition.
Derrick Van Orden of Wisconsin's 3rd District posted on August 7, 2026: "My conditions for data centers have not changed and are not negotiable: 1) must have local buy in 2) cannot cover our farm land 3) zero increase in electric rates 4) must utilize a closed loop cooling system." Three of those four conditions are rules a state or a town would have to write and enforce, which is the thing he voted to ban. Van Orden is also one of seven Republicans who suggested the people opposing data centers might be working for China.
The other seven, and what their states are doing right now
The remaining members named in the report are not quoted promising local control. Three of their states have simply been exercising it — and every one of those actions is the kind of thing the ban would likely have stopped.
New Jersey. In July 2026, Gov. Mikie Sherrill signed a law putting large data centers in their own ratepayer class and making them pay for the grid upgrades they cause, so that everyone else's bills don't absorb the cost. The bill's own summary describes it as requiring utilities to "develop and apply special rules for certain data centers." A law that singles out data centers for special treatment is close to a textbook example of what the moratorium barred. Tom Kean Jr. voted for that moratorium four separate times.
New York. On July 14, 2026, Gov. Kathy Hochul signed an executive order holding in abeyance permit applications for data centers of 50 megawatts and up while the state develops statewide standards. Mike Lawler has attacked her for it. In an August 18, 2026 Fox Business interview, he said the message the policy sends businesses is "don't come here. Go do your business elsewhere." It was not his first. On July 17, 2026 — nine days after a planning board in his own district halted a data center expansion beside a reservoir that supplies drinking water across the New Jersey line — he went on the same network to argue that limits like New York's hurt innovation and push the industry toward China. Lawler at least isn't claiming to want local control. He had simply already voted for the ban that would likely have made New York's pause impossible.
Pennsylvania. The legislature passed an energy-and-water reporting requirement for data centers in July 2026, and on August 18, 2026 Gov. Josh Shapiro signed an executive order requiring developers to make legally binding commitments: pay the full cost of the electricity infrastructure they need "without shifting costs to Pennsylvania households and businesses," meet "strict water conservation requirements," drop nondisclosure agreements — and get local community approval before a permit issues. Brian Fitzpatrick, Ryan Mackenzie, Rob Bresnahan and Scott Perry all voted for the ban that would likely have made those requirements unenforceable. We wrote about that vote when all ten of Pennsylvania's House Republicans cast it.
Colorado. Gabe Evans is the fourth Energy and Commerce Republican. He voted four times.
Why "local control" is such a useful thing to say
Somebody pays for a data center, and it is not the company that builds it. It's the household on the same grid. We have laid out what that looks like in five states where the bills are already climbing, and what happened in one Kentucky district where three counties voted to slow the buildout.
The repositioning is not subtle, and it is not confined to these fourteen. A year ago Americans were split on data centers; now three out of four oppose one near their home, and we have already documented eight Republicans who spent that year banking checks from the industry and then discovered concerns.
Saying "let the community decide" in 2026 costs a candidate nothing. The vote that would have actually settled the question came 15 months earlier, when almost nobody was watching and the pressure inside the party ran entirely the other way. Since then the Trump administration has made preempting state AI laws an explicit goal — and, as the CAP Action report notes, its own proposals now claim to carve out local control of data centers specifically, which the report suggests is because the White House has noticed how unpopular the issue has become.
What the record shows
Two hundred and fifteen House Republicans voted for a ten-year ban on states and towns enforcing any law that limits AI systems, data centers included. Four of the fourteen named here — Gabe Evans, John James, Tom Kean Jr. and Mariannette Miller-Meeks — voted for it four separate times, including one straight up-or-down vote on whether to strike it from the bill. Seven of the members named here are now campaigning on giving communities the final say over data centers. The rules their own states have written this summer — New Jersey's ratepayer protections, New York's permit pause, Pennsylvania's requirement that a developer get local approval first — are the kind of rules that vote would likely have made unenforceable for a decade.
Source
Adam Conner, "Almost Every House Republican Voted To Block State and Local Governments' Ability To Protect Residents From AI Data Centers," Center for American Progress Action Fund, August 24, 2026. Photo: the Meta El Paso Data Center seen from above on August 13, 2026, in El Paso, Texas, by Brandon Bell / Getty Images, via CAP Action.
