Local ballot measures against data centers
40 of 41
Across 10 states on Nov. 4, 2026; all but one went against expansion
Google's Wyoming campus
$17B
Announced Nov. 5, 2026; first Google data center in Wyoming, completion targeted for 2031
Share of campus power Google will pay for
100%
Stated Nov. 5, 2026, alongside a commitment to cover growth-driven infrastructure
Alphabet trailing free cash flow
$19.7B
Twelve months to Sept. 30, 2026, against $159.8B of trailing capital expenditure
Alphabet 2026 capital expenditure plan
$195-205B
Guidance maintained Oct. 28, 2026, about 2.2 times 2025 actual spending of $91.4B
CoreWeave five-year credit default swaps
1,267.9 bps
Record wide on Nov. 5, 2026 as financing risk on the buildout was repriced
Within 72 hours, two companies rewrote the rules of American AI infrastructure. On Nov. 5, 2026 OpenAI published a National Community Compact and a Compute Campus Policy Blueprint: for every compute campus it owns and operates, it will pay the full cost of the electricity it uses and the infrastructure needed to serve it, stop using non-disclosure agreements with public officials, and post financial assurances before major spending. The same day, Google committed $17 billion to its first Wyoming campus and said it would pay for 100% of the power it uses; the day after, it bought the site outright. The political cost of AI power has stopped being a ratepayer problem and become a corporate capital line.
Nov. 4-7, 2026
The Voters Settled It Before the Policy Did
The trigger was the Nov. 4, 2026 midterms. Of 41 local ballot measures on data centers across 10 states, voters backed restrictions or rejected pro-development measures in all but one, according to CNBC's count and a Reuters review of Ballotpedia data. A CNBC poll published Oct. 24 found 63% of registered voters opposed an AI data center within 10 miles of their home, against 13% who supported one. The market split on Nov. 4 as Democrats took Congress, then the Nasdaq fell 6.4% on Nov. 5 before chip stocks recovered on Nov. 6 as the pledges landed. The voters had decided; the policy was the response.
| Instrument | Nov. 5, 2026 move | What it signals |
|---|---|---|
| Nasdaq 100 | -6.4% | $2.5 trillion of market value erased in a single session |
| Nasdaq Composite | -5.5% | Deepest one-day fall since April 2025 |
| Philadelphia Semiconductor Index | -12% | Lowest level in more than six months |
| Nvidia and AMD | -9% and -17% | Compute demand expectations were cut, not order books |
| Amazon, Alphabet, Microsoft | -2.2%, -2.2%, -3.6% | Owners of the buildout held up better than its suppliers |
| CoreWeave and Nebius | -10% and -15% | Capacity lessors carry the political risk, not the owners |
| Applied Digital, Cipher Mining, IREN | each more than -14% | Financially thin builders were repriced hardest |
| GE Vernova and Constellation Energy | -7.4% and -2.5% | Equipment sold into the buildout de-rated with it |
The damage showed up in credit first. CoreWeave's five-year credit default swap spread widened to a record 1,267.9 basis points on Nov. 5, and Intel's reached a record 149.7 basis points. UBS estimated that roughly 30% of expected US data center capacity additions in 2028 could be at risk from construction pauses, and more than 50 projects have already been cancelled in 2026. The pledges do not create permission. They buy it — and the 2028 numbers now depend on permission nobody has granted.
Nov. 5, 2026
OpenAI's Compact Is a Capital Transfer, Not a Concession
OpenAI's compact is easy to misread as optics. The Nov. 5 document sets out what changes for every compute campus the company owns and operates, and what it is asking every state legislature to copy. The scope is deliberately narrow. The obligations are specific, dated and auditable, and they carry a cost that is easy to miss.
- Pay the full cost of the electricity used and the infrastructure needed to serve it, at every compute campus OpenAI owns and operates.
- Post financial assurances before major spending so other customers are protected if a project is delayed, reduced or cancelled — which transfers cancellation risk back to the developer.
- Stop using non-disclosure agreements with public officials, with narrow carve-outs only for legitimate security information, trade secrets and competitively sensitive material. OpenAI states it has voided the NDAs signed in Effingham County, Georgia.
- Publish construction plans, site-level water and electricity use, and independent noise studies before operations begin and annually thereafter.
- Report each year on jobs, apprenticeships, hiring and community investment, and keep a named local point of contact for the life of the campus. In Effingham County that standard already means 400 ongoing operating jobs at an annual average salary of $80,000 and roughly $66 million a year in payments in lieu of taxes.
| Ask | Mechanism | Who pays |
|---|---|---|
| Large-load tariffs | Commissions write tariffs requiring large electricity consumers to pay the incremental costs they create, codifying what the blueprint calls a ratepayer protection pledge | The data center operator, not the ratepayer |
| Financial assurances | Utilities secure assurances before major spending so other customers are not left with costs if a project is delayed, reduced or cancelled | The developer, posted before construction |
| Standardized disclosure | Common methods for reporting energy use, water, noise, jobs and community investment, separating projections from measured results | Public |
| No non-disclosure agreements | Developers barred from requiring public officials to sign NDAs, with narrow exceptions for security and trade secrets | Public |
OpenAI had already shown it can move a grid. Its Grid Protectors Program, launched Nov. 2, sets out how future campuses will cut electricity demand when the grid is strained, working with utilities and grid operators on on-site generation, storage and power controls. The Georgia Power arrangement allows OpenAI to reduce power delivered by up to 1,000 megawatts during high-demand periods, and Georgia Power estimates roughly $950 million in annual customer savings beginning in 2029 — at least $15 a month for a typical residential customer using 1,000 kWh. The campus trades flexibility for ratepayer protection, and the utility gets a customer it can switch off instead of a rate it has to build.
Nov. 5-6, 2026
Google Already Wrote the Cheque
Google's Nov. 5 announcement is the same idea in hard assets. It committed $17 billion to its first Wyoming data center, on a 716-acre parcel eight miles south of Cheyenne in the Switchgrass Industrial Park, with four data halls and an office hub, logistics and network buildings, and completion targeted for 2031. Earlier reporting put the campus at up to 2.7 gigawatts; the company did not disclose capacity. What it did disclose was the financing model. Partners named are Tallgrass Energy, Black Hills Energy, American Electric Power and Related Digital.
| Contract | Counterparty | Capacity and structure |
|---|---|---|
| Fuel cells with carbon capture | American Electric Power, cells from Bloom Energy | 702 MW under a 20-year power purchase agreement; about $4 billion of AEP investment; Cheyenne Fuel Cell LLC is roughly 92% owned and controlled by AEP, with nearly 8% advised by Basalt Infrastructure Partners |
| Company-owned natural gas | Black Hills at its Cheyenne Prairie station | $1.8 billion across 2027 and 2029 for 564 MW of nameplate capacity; earnings from the contract expected to begin mid-2027 |
| Third-party resources in a private microgrid | Managed by Black Hills under a large power customer service tariff | About 2.1 GW of contracted third-party output inside a 2.7 GW resource portfolio; terms run through 2048 |
| Carbon capture and storage | Tallgrass's Eastern Wyoming sequestration hub | Nearly 1 gigawatt of contracted sequestration capacity |
| Campus | Google through Jupiter Star Holdings, LLC | Up to 2.7 GW on 716 acres; air-cooled design to limit local water use |
Alphabet's quarterly capital spending has more than doubled in a year
Purchases of property and equipment, $ billions. Third-quarter 2026 spending exceeded operating cash flow.
Unit: $ billions
Q1 2025
17.2
Q2 2025
22.4
Q3 2025
24
Q4 2025
27.9
Q1 2026
35.7
Q2 2026
44.9
Q3 2026
51.4
The price of that power is now explicit. American Electric Power's roughly $4 billion for 702 megawatts of fuel cells works out to about $5,700 per kilowatt of capacity. Black Hills's $1.8 billion for 564 megawatts of gas works out to about $3,200 per kilowatt. The fuel cells cost roughly 80% more per kilowatt than the gas turbines standing in the same campus, and the premium buys what no ratepayer can be asked to absorb: on-site generation, carbon capture and a private grid. The power bill did not get cheaper. It moved from a regulator's balance sheet to a corporation's, at a markup.
There was a second, quieter move. On Nov. 6 Google acquired Crusoe's southeast Wyoming site outright — the permitted, power-planned parcel Crusoe had developed — and the campus is now being built by a Google subsidiary, Jupiter Star Holdings. Pre-development work, from site selection through permits and power planning, has become a priced asset, and the developer that could not lock financing was bought out. That is where the buildout is consolidating: away from developers and toward the balance sheets that can pay for interconnection.
The balance-sheet test
Self-Funding Is a Privilege, and the Market Sorts on It
In the third quarter of 2026 Alphabet spent $51.4 billion on property and equipment against $42.3 billion of operating cash flow, and reported negative $9.1 billion of free cash flow in a quarter when revenue grew 25% to $127.6 billion and Google Cloud revenue rose 103% to $30.7 billion. Trailing twelve-month free cash flow is $19.7 billion against trailing capital expenditure of $159.8 billion, and the gap was bridged with $96.6 billion of new debt and $51.0 billion of equity issuance in the same period. A single $17 billion Wyoming campus absorbs 86% of a year's worth of trailing free cash flow.
OpenAI is funding its own version of the same bet. On Feb. 27, 2026 it announced $110 billion of new investment at a $730 billion pre-money valuation — $30 billion from SoftBank, $30 billion from Nvidia and $50 billion from Amazon — alongside Nvidia commitments of 3 gigawatts of dedicated inference capacity and 2 gigawatts of training on Vera Rubin systems. Its largest project is a 10 gigawatt campus in southern Ohio built and managed by SB Energy, SoftBank's energy subsidiary. Nvidia committed up to $105 billion in credit and compute for that campus on Aug. 17, after an earlier plan for a roughly $250 billion guarantee was scaled back on Aug. 14. The pledge is real, and it is underwritten — by a vendor that has already trimmed once.
| Company | Trailing revenue | Balance sheet | What it must fund |
|---|---|---|---|
| Alphabet | $471.1B | Free cash flow of $19.7B; $96.6B of new debt and $51.0B of equity raised in the period | A $195-205B capital expenditure plan for 2026 |
| Nvidia | $303.0B | Net debt of 0.07x EBITDA; trailing interest expense of $463M | Up to $105B of credit and compute for the Ohio campus |
| American Electric Power | $23.3B | Net debt of 6.0x EBITDA; capital expenditure ran at 51% of revenue in Q3 2026 | About $4B for 702 MW of fuel cells |
| Constellation Energy | $31.3B | Net debt of 3.0x EBITDA; capital expenditure at 12.5% of revenue | New-build generation sold under long-term contracts |
| Black Hills | $2.34B | Net debt of 5.5x EBITDA; trailing interest expense of $209M | $2.5B of generation and transmission in Wyoming, including $686M of transmission expansion requested from the commission |
| Bloom Energy | $3.83B | Net debt of 0.5x EBITDA; trailing free cash flow yield of 0.9% | 702 MW of fuel cells for a single customer |
| CoreWeave | $7.59B | Trailing interest expense of $1.87B; trailing net loss of $1.93B | Capacity it leases and cannot own |
| Talen Energy | $4.1B | Net debt of 12.6x EBITDA | Generation it cannot finance on equity |
The clearest failure is CoreWeave. Its trailing interest expense of $1.87 billion is 24.7% of trailing revenue of $7.59 billion, and it still posted a trailing net loss of $1.93 billion on $3.94 billion of trailing EBITDA. That interest bill alone is roughly a tenth of what Google spent on the entire Wyoming campus. A company that cannot cover its own interest bill cannot also pre-pay a 20-year power purchase agreement, and it cannot build behind the meter.
Bloom Energy sits at the other end of the scale and shows what the market has already paid for the theme. Trailing EV to EBITDA of 83.6x and a trailing free cash flow yield of 0.9% leave no margin for a slipped order, even though third-quarter revenue rose 138.1% to $1,235.8 million at a 33.8% gross margin with full-year guidance raised. A policy that creates one very large buyer carries a matching risk: concentration reaches the order book, not just the balance sheet.
Supply chain
Who Gets Paid, and What Still Runs Through the Ratepayer
The pledge does not shrink the buildout. It relabels where the money is borrowed and who carries the risk. The money now goes to the companies that sell generation and equipment directly to the campus owner, and the contracts run for decades rather than quarters.
- American Electric Power is building the fuel cells: about $4 billion for 702 MW, a 20-year contract with Google, and capital expenditure that ran at 51% of revenue in the third quarter of 2026.
- Black Hills is building the gas fleet: $1.8 billion across 2027 and 2029 for 564 MW of nameplate capacity, plus up to 590 MW of grid-connected service. It runs the private microgrid for about 2.1 GW of third-party resources, with terms running to 2048.
- Bloom Energy supplies the solid-oxide cells inside AEP's plant, with the carbon dioxide routed to Tallgrass's Eastern Wyoming sequestration hub — nearly 1 gigawatt of contracted capacity.
- GE Vernova and Vertiv supply the turbines, grid and campus electrical gear every self-funded campus has to buy. Both were repriced with the buildout: GE Vernova fell 7.4% on Nov. 5 and trades at 18.5x trailing EV to EBITDA on a 28.1% trailing return on invested capital; Vertiv trades at 23.2x on 22.5%.
- Constellation Energy is the archetype of the counterparty that survives the shift: a merchant generator with 3.0x trailing net debt to EBITDA that signed a 380 megawatt agreement with CyrusOne in February 2026 to connect and serve a new Texas data center.
- Broadcom and Nvidia supply the compute those campuses run. OpenAI and Broadcom announced on Oct. 13, 2025 a collaboration to deploy 10 gigawatts of OpenAI-designed custom accelerators, with racks and Ethernet networking scheduled to start in the second half of 2026 and run through the end of 2029.
- Capacity lessors carry the political risk without the capital: CoreWeave's trailing interest expense of $1.87 billion is 24.7% of trailing revenue, and its five-year credit default swap spread hit a record 1,267.9 basis points on Nov. 5.
- Memory carries the demand risk: SK Hynix reported third-quarter operating profit of 83.3 trillion won, seven times the 11.4 trillion won of a year earlier, on revenue of 104.6 trillion won. Its 74.5% trailing operating margin prices a buildout that never pauses.
- Utilities carry the construction risk: Black Hills expects roughly $150 million of net income from the Google agreement in 2030 against $315 million of trailing net income today, with earnings from the contract not starting until mid-2027.
- Ratepayers carry the least, if the pledges hold: Georgia Power estimates roughly $950 million in annual customer savings from 2029, and in Effingham County the company-reported roughly $66 million a year in payments in lieu of taxes with property-tax bills potentially reduced by about 30% for qualifying homeowners.
Horizons
Two Quarters to a Tariff Fight, Two Years to a Completion Date
| Horizon | What happens | What confirms the thesis |
|---|---|---|
| Next two quarters | State utility commissions write large-load tariffs, and FERC's 60-day deadlines for the six grid operators to justify or reform their large-load tariffs expire | Tariffs that require a hyperscaler to post collateral or pay the upgrade outright before energization |
| Q4 2026 reporting season | Hyperscaler 2027 capital expenditure guidance is set against Alphabet's $195-205B 2026 plan | 2027 guidance above $200 billion says the buildout is not pausing |
| Nov. 9-19, 2026 | Constellation Energy and SoftBank Group report, with SoftBank's second-quarter briefing on Nov. 10 covering the six months to Sept. 30 | Marking of contracted data-center power and of the Ohio build's funding structure |
| 2027-2028 | American Electric Power builds the 702 MW fuel-cell plant to full operation by the end of 2028 while Black Hills starts its $1.8 billion build | Contracted capacity begins delivering and utilities start earning on it |
| 2028-2031 | The Wyoming campus is targeted for completion and UBS's 30% risk to planned US additions resolves one way or the other | Permits granted in more than a handful of jurisdictions |
Two risks sit underneath all of it. The first is political: the pledges work only if voters believe them, and one state commission that decides a self-funded campus should still be charged into the local rate base would reset the precedent everywhere. The second is financial: Alphabet is funding a $195-205 billion annual capital expenditure program with debt and equity rather than cash flow, and the moment money markets reprice that funding, the cost of every campus rises for every hyperscaler at once. That is the real transmission channel from this story into the utility and equipment supply chain, and it runs through the cost of capital rather than through electricity prices.
Known limits
What the Companies Have Not Disclosed
- Google did not disclose the campus's megawatt capacity, the split of the $17 billion between power infrastructure and buildings, or the return it assumes on the capital.
- OpenAI did not publish the cost of power in its compact, the size of its compute pipeline, or the balance sheet standing behind the pledge.
- Neither company said what a compute campus will cost per megawatt, so every per-kilowatt figure in this article is arithmetic on disclosed contract values rather than a company disclosure.
- The number of ballot measures is verified; the number of state and county governments that have imposed new restrictions on data centers since the midterms is not.
- SoftBank Group has not disclosed the capital structure of the southern Ohio campus beyond the vendor credit commitment reported in July and August 2026.
Stocks this actually touches
- The $17 billion Wyoming campus commits it to paying for 100% of the power, removing ratepayer politics from a build reported at up to 2.7 gigawatts.
- Trailing free cash flow of $19.7 billion against $159.8 billion of trailing capital expenditure means one campus absorbs 86% of a year's cash generation.
- Near term, 2027 capital expenditure guidance is the catalyst: above $200 billion confirms the buildout is not pausing.
- About $4 billion for 702 megawatts of fuel cells under a 20-year Google contract turns a pilot into utility-scale owned generation.
- Cheyenne Fuel Cell LLC is roughly 92% owned and controlled by AEP, and the plant is expected fully operational by the end of 2028.
- Third-quarter capital expenditure ran at 51% of revenue, the clearest sign AEP is trading balance sheet for contracted load.
- The Google contract is worth about $150 million of net income in 2030 against $315 million of trailing net income — one customer supplies nearly half of projected profit.
- But $2.5 billion of generation and transmission investment, including $686 million of Wyoming transmission expansion requested from the commission, sits on $2.34 billion of trailing revenue.
- Over one to three years, earnings from the contract do not start until mid-2027 while 2026 adjusted EPS guidance of $4.25 to $4.45 excludes it entirely.
- 702 megawatts of its solid-oxide cells sits inside the anchor project of the self-funded grid, the template every campus that follows will copy.
- Third-quarter revenue rose 138.1% to $1,235.8 million at a 33.8% gross margin with guidance raised, so the order book is not the question.
- At 83.6 times trailing EV to EBITDA and a 0.9% trailing free cash flow yield, the stock prices perfection with no margin for a slipped order.
- Trailing revenue of $303.0 billion and a 74.7% gross margin leave it the best-positioned supplier to a buildout that is still funded.
- Nvidia put $30 billion into OpenAI at a $730 billion pre-money valuation and committed up to $105 billion in credit and compute for the Ohio campus.
- Over one to three years, 3 gigawatts of committed inference capacity and 2 gigawatts of training capacity convert political friction into order timing risk.
- Trailing interest expense of $1.87 billion is 24.7% of $7.59 billion of revenue, so a lessor cannot self-fund the power behind the campuses it leases.
- Five-year credit default swaps hit a record 1,267.9 basis points on Nov. 5, 2026 as financing risk on the buildout was repriced.
- Over one to three years, raising equity or owning its own power are the only routes, and both dilute returns.
- Third-quarter operating profit of 83.3 trillion won, seven times a year earlier, prices memory off a buildout that does not pause.
- A 74.5% trailing operating margin leaves no buffer for UBS's view that roughly 30% of planned 2028 additions are at risk.
- Over one to three years, the order book depends on hyperscaler capital expenditure guidance surviving the political cycle.
- SB Energy, its energy subsidiary, builds and manages the 10 gigawatt southern Ohio campus OpenAI leases, and SoftBank put $30 billion into OpenAI at a $730 billion pre-money valuation.
- Its own balance sheet is stretched: negative 2.7 trillion yen of trailing free cash flow, 3.6 times net debt to EBITDA and a current ratio of 0.68.
- Catalyst: the second-quarter FY2026 results briefing on Nov. 10, 2026, where the Ohio build's funding structure gets marked against that balance sheet.
