New York

New York now has the nation's first statewide data center moratorium, imposed by executive action. On July 14, 2026 Governor Hochul signed Executive Order No. 62, directing DEC to hold in abeyance all new and pending discretionary permits and approvals for data centers of 50 MW or greater that were not deemed complete before the order took effect. The pause runs until the Department of Public Service completes a Generic Environmental Impact Statement (GEIS) on energy demand, water use and air quality and DEC issues a findings statement — framed as up to one year. The EO also directs Empire State Development to publish a Community Investment Framework within 60 days, directs DPS to convene a Data Center Interconnection Working Group within 60 days and to consider a Grid Acceleration Fund, and requires DEC to report on water withdrawal regulations within 12 months. It exempts manufacturing, quantum and biomedical research, accredited universities and Empire AI, and medical facilities. Separately, the legislature's Responsible Data Center Development Act (S10642/A11560) — which passed both chambers on June 4, 2026 and reaches further than the EO, covering 20 MW+ facilities and adding separate utility rate classes and impact studies — had still not been delivered to or acted on by the Governor as of July 20. Hochul has until December 31, 2026 to act once it is delivered; Assembly Speaker Heastie has said he remains hopeful she will sign it, while her office has called the bill 'complicated.' Hochul has also signaled she will seek legislation repealing the state sales tax exemption for large data centers. Local pauses continue to layer on top of the state action: the Brookhaven Town Board voted unanimously on July 16, 2026 for an 18-month moratorium running to January 2028, and East Fishkill froze large projects through 2029 in early July — together putting a roughly $1 billion Long Island data center proposal in limbo. As of late August 2026 the Responsible Data Center Development Act remained unsigned; Governor Hochul has until December 31 to act once it is delivered, and her office has called the bill complicated. Her Executive Order No. 62 moratorium is in force in the meantime, and she has floated adding a decommissioning bond requirement. Genesee County has challenged the pause over its effect on the $19.5 billion Stream U.S. Data Centers project. Local governments continue to mirror the state action: the Town of Tonawanda approved a one-year moratorium in early August 2026 on data centers with peak demand of 20 MW or more. On August 24, 2026, 60 members of the Assembly and Senate, led by Assemblymember Didi Barrett and Senator Kristen Gonzalez, sent Hochul a letter urging her to sign the Responsible Data Center Development Act. Locally, Orangetown's Town Board approved a six-month moratorium on new data center and battery storage applications in late August, exempting DataBank's in-progress expansion. In Massena (St. Lawrence County), the Town Board voted 3-2 on September 17, 2026 against a proposed six-month moratorium, clearing the way for NCCS's roughly 400 MW project near the former Alcoa East plant. Buffalo's Common Council agreed on September 30, 2026 to move its proposed two-year moratorium forward with an amendment creating a nine-member task force, delaying the formal vote to mid-October, and the Town of Potsdam proposed a 12-month moratorium on large-scale data centers with a public hearing set for November 5.