Three structurally different state-level outcomes in one week, all in the ratepayer-protection family. Oklahoma is the cleanest version: statute-only, no PUC tariff layer, 75 MW threshold, effective July 1, and the 60-day pre-acquisition notice provision is the most novel feature — it converts what was previously a private real-estate transaction into a public-facing land-use trigger before zoning even kicks in. Colorado is the inverse signal: a Democratic-trifecta state where the same kind of ratepayer-protection bill failed in committee on a unanimous vote, after Sen. Kipp publicly framed it as 'protections for residential ratepayers and transparency on community impacts.' The Colorado death is significant because it shows that 'blue state automatically passes ratepayer protection' is not a reliable forecast — Colorado lawmakers preferred to leave the question to the PUC rather than codify a threshold in statute. Sen. Kipp said efforts would 'return next year.' Virginia is the softest of the three: HB 1393 + SB 253 are framed primarily as a low-income energy-assistance expansion, with the data-center cost-allocation language layered in via Spanberger's amendments rather than as the primary legislative purpose. The SCC directive language reads 'take all measures to reasonably ensure' that data-center costs 'are not being subsidized by other customers of the utility' — which is procedurally vaguer than Oklahoma's statutory cost-causation rule but still creates an explicit regulatory mandate. Virginia's broader data-center tariff layer is the Dominion 'GS-5' rate class (already in motion through the SCC) — these two bills layer additional statutory pressure on top of that tariff process. Sources: KGOU (Oklahoma's NPR affiliate, May 13); OKCFOX 'Gov. Stitt signs HB 2992 to curb data center-linked utility cost hikes'; Fox23 'Gov. Stitt signs Oklahoma data center ratepayer protection bill into law'; Oklahoma House of Representatives press release (May 13, 'Boles, Green Applaud Governor for Signing Bill'); Oklahoma Voice 'Ratepayer protections signed into law by Oklahoma governor'; Oklahoma Energy Today; The Gazette (Colorado) 'Colorado Lawmakers Kill Both Major Data Center Bills This Year'; Colorado Newsline 'Both Colorado data center bills rejected in final days of 2026 legislative session' (May 11); Westword; Virginia Mercury 'Spanberger signs assault weapons ban, package of criminal justice and energy bills' (May 15); Williamsburg Yorktown Daily (May 16); Office of the Governor of Virginia press release (May 15, '25 Bills, Advancing Shared Priorities').
Why it matters
Three updates. (1) The 30-day cluster from earlier this month has now settled into a clean snapshot: PA (regulator-issued model tariff May 8), FL (statute signed May 7 with PSC implementing tariff), WI (We Energies VLC tariff PSC-approved April 24), OR (PGE Schedule 96 effective June 10), and OK (statute signed May 11 effective July 1) all have ratepayer-protection regimes in force or imminent. Colorado opted out by killing both bills (left to PUC). Virginia layered a statutory SCC directive on top of the existing Dominion GS-5 tariff process. The site-readiness map for any 2027+ in-service data center now needs an 'in-state ratepayer-protection tariff' field with values {statutory + tariff (FL, OK), regulator-issued tariff (PA, WI, OR), statutory directive on top of tariff (VA), no statutory action / PUC discretion (CO, most other states)}. (2) The Colorado death is the most actionable data point for Cliff's investor / GTM narrative this week. The takeaway is not 'ratepayer protection is becoming universal' — it's 'ratepayer protection is becoming heterogeneous across states, with structurally different statutory + tariff layers in each.' That heterogeneity is exactly the per-state-LLM-lookup workload that Cliff's regulatory knowledge graph is built to handle. Update strategy/competitive-landscape-and-adjacencies.md to reflect that Colorado is now PUC-only for the foreseeable future, and that the legislative-vs-tariff split is becoming the dominant structural dimension. (3) Virginia's signing is the most operationally relevant for any PJM-zone site being underwritten today. The SCC directive language is enforceable by the SCC immediately, layered on top of the in-motion GS-5 tariff process, and Dominion has separately published a $50.1B five-year capex plan with $17B explicitly identified as data-center-driven. Any northern Virginia siting analysis that doesn't price in the GS-5 + SCC cost-allocation mandate is underestimating the developer's likely tariff burden. Add to the Virginia row of the de-rate calculator: 'GS-5 tariff in motion + statutory SCC directive from HB 1393 + SB 253 (effective on signature).'
Related filings
CO HB 1030 / killed 11-2
HB 1030 was Colorado's primary 2026 attempt to attract data-center investment via tax incentives — the bill was first introduced in January and modeled loosely on the sales-and-use exemption regimes that Texas, Virginia, Georgia, Ohio, Iowa, Nebraska, and...
KUNC / CPR News / The Colorado Sun / The Durango Herald ↗
OK / HB 2992 / 5th state ratepayer protection / 75 MW threshold
HB 2992 is structurally different from the other four state-level ratepayer-protection actions in the May cluster. Pennsylvania's May 8 PUC model tariff is regulator-issued guidance (binding on the four PA investor-owned utilities only after...
Pending verification / 6 items
Pending-item resolution for May 11. Colorado SB 102 (Sen. Cathy Kipp, March 18 introduction): the bill would have banned utility economic agreements incentivizing data centers and required 100% new-renewable sourcing by 2031. Per Colorado Politics ('Despite...
Colorado Politics / CPR / Seehafer News / 9News Denver / WBTV / ERCOT ↗
WY / Cheyenne / first Mountain West moratorium / 70-project pipeline
Cheyenne is the first city anywhere west of the Mississippi to introduce a data-center moratorium ordinance at the council level in 2026 (the Wisconsin/Michigan/Ohio/Indiana cluster is Midwest; the GA/NC/FL/AL cluster is Sun Belt; Texas has no moratorium tape...
Cowboy State Daily / KGAB / Cap City News / Wyoming News / Casper Star-Tribune ↗