NC / HB 1004

Why it matters

This is a structurally distinct legislative template from anything in the VA / TX / OH / VA cluster currently tracked in virginia-data-center-legislation-2026.md, ercot-puc-58317-sb6-implementation-workshop.md, or byog-byong-state-patchwork.md — and worth opening a dedicated north-carolina-hb-1004.md wiki page. Three load-bearing observations: (1) the 25% on-site clean-generation mandate is the first time a state has written the BTM share into statute. Until now, BTM share has been negotiated bilaterally between developer and utility (the Fleet Storey / Joule Utah / Hyperion Louisiana stack) or driven by ERCOT/PJM market design (the FERC ER26-1088 + ERCOT BYOG patchwork). HB 1004 codifies it as a precondition of the load itself — that's a different legal posture entirely. If 'clean energy' is interpreted narrowly to exclude natural gas (the bill text is not yet final on that question), it eliminates the transitional-BTM template that Fleet just deployed in Nevada and forces solar / battery / SMR / fuel cell as the only viable on-site stack. The fuel-cell language in particular is the read-closely item — Bloom solid-oxide fuel cells running on natural gas may or may not qualify under NC's clean-energy framework, and that determination is the real product-relevant dial. (2) The ban on local tax incentives is the kill-shot for the negotiated-tax-abatement playbook running concurrently in Hermantown ($80M / 28-year, top section above), in Mount Pleasant WI (yesterday's news), and in the typical Henrico / Loudoun VA template. If NC HB 1004 passes, it forces hyperscalers in NC to compete on operating economics rather than tax arbitrage — a structural change to data-center site-selection economics that Cliff's de-rate calculator regulatory-risk module should treat as an entirely separate state-level risk axis. (3) NC is the canary because it has both the existing hyperscaler pipeline (Google, Apple, Meta in Lenoir / Maiden / Forest City clusters) AND the political composition (Democratic governor + Republican legislature) that historically passes consumer-protection bills. If HB 1004 clears committee in 2026, the template is highly portable to OH / GA / IN / SC. Specifically watch the next-30-day committee referral in the Senate Commerce or Public Utilities committee — that's where the on-site-generation share gets tested.