The rise of generative artificial intelligence (AI) and the growth of cloud computing have increased demands for computing power in the United States and beyond, leading to a rapid expansion of data centers. These centers are facilities that house the infrastructure needed to process, store, and transmit this digital information. This expansion has prompted policymakers at the local, state, and federal levels to respond with a range of legislative, zoning, and regulatory actions.
In May 2026, we published our policy brief, “Clouds, Cables, and Megawatts: States and Localities Grapple with the Data Center Boom,” which outlined the impacts associated with data centers related to energy and water usage, air and noise pollution, and the related concerns voiced by policymakers and stakeholders. In June, we then published a follow-up blog, “Updates on the Cloud: More Moratoriums on Data Centers,” which explored state-level policy proposals for and actions taken by localities to address data center developments. Since then, there have been even more updates to projects and policies in New York State—including a first-in-the-nation statewide moratorium on the development of data centers. This blog examines those recent updates and introduces the New York State Data Centers and Legislation Dashboard, which maps existing data centers, proposed data centers, and local restrictions across the state.
View the NYS Data Centers & Legislation Dashboard
Explore operating data center locations, proposed developments, local municipal moratoriums, and state legislation in the Empire State.
State Policy Action on Data Centers
Over the last several months, both the legislative and the executive branches have taken actions to address data center growth in New York.
Legislative Action: The Responsible Data Center Act
On June 4, 2026, the New York State legislature passed The Responsible Data Center Act (S.10642 / A.11560). The act would have established a one-year moratorium on the issuing of new permits by the Department of Environmental Conservation (DEC) for data centers that use more than 20 megawatts (MW). If operated continuously at 20 MW for one year, a facility would consume approximately 175.2 million kilowatt-hours of electricity. This level of energy use is the equivalent of over 16,000 US households’ annual energy use based on estimates from the US Energy Information Agency.
The bill would have also instructed the DEC, along with the Department of Public Service (DPS), the Department of Health (DOH), the Environmental Facilities Corporation (EFC), and the Federally Designated Bulk Operator, to complete a statewide general environmental impact report within 18 months that examines the current and projected impacts on water, electricity, land use, tax revenue and incentives, pollution, and other adverse impacts of data center operations. Once more, the bill would have directed the New York State Energy Research and Development Authority (NYSERDA) to determine reasonable energy consumption and efficiency goals for the design and operation of data centers within a year. Importantly, these goals would apply to both proposed data centers as they become operational and existing data centers, which would have two years to come into compliance.
The bill passed by the legislature would have also required public hearings, with the costs of these meetings to be covered by data center developers, before data center permits could be issued. This requirement further included a detailed public notice period and disclosure of projected energy use, water use, wastewater impacts, and tax incentives.
…nearly 12 gigawatts (12,000 MW) of data center load requests are in the New York State interconnection queue… those requests are equivalent to the annual electricity use of over 9.7 million average American homes.
With respect to addressing ratepayer concerns, the bill would have created a separate utility rate class for large data centers, requiring them to pay the full costs for their utility usage, related administrative costs, and commodity price increases. The bill further included requirements for renewable electricity usage by data centers with a peak load of 5 MW or more (33 percent by 2030, 67 percent by 2035, and 90 percent by 2040). And finally, among other requirements, the bill included labor standards, such as prevailing wage apprenticeship requirements and Buy American steel provisions, for covered data centers.
As with other bills passed by the legislature, the governor effectively has till the end of the year to enact or veto the bill. However, in mid-July, Governor Kathy Hochul took a somewhat different approach and announced an executive order (EO 62).
Executive Action: Establishing a Temporary Moratorium on Data Centers
Executive Order 62 established a first-in-the-nation statewide moratorium on data center permitting and approvals while the state develops additional standards for data center development.
Some critics have pushed back on this decision, including President Donald Trump. He asserted that New York should change this policy immediately, writing that “One of the biggest Driving Forces in the Future for Jobs, are Data Centers…They are big, strong, bold, and Money Machines for the State in which they are built.” In a press conference, Governor Hochul stated that the EO was done “as data center development threatens to hike up utility bills, deplete our natural resources, and create uncertainty for New Yorkers.” The EO notes that, as of May 2026, nearly 12 gigawatts (12,000 MW) of data center load requests are in the New York State interconnection queue—meaning that there is demand for a significant amount of power for these types of facilities. Based on estimates from the US Energy Information Administration, those requests are equivalent to the annual electricity use of over 9.7 million average American homes.
More specifically, the EO establishes a temporary moratorium on DEC permitting and approval actions on data centers that are expected to use 50 MW or more while the Department of Public Service (DPS) prepares a Generic Environmental Impact Statement. Annually, a 50 MW facility uses roughly the same amount of energy as 40,500 average US households do. As outlined above, this is in contrast to the Responsible Data Center Act, which would have created a moratorium for facilities that used 20 or more MW. Some of the provisions of the Responsible Data Center Act were not included in the EO, such as requiring public hearings, creating separate utility rate classes, mandating renewable energy requirements, requiring statewide energy standards, or imposing labor standards. However, the EO directs state agencies to undertake several planning and policy initiatives that were not expressly required in the Responsible Data Center Act. Table 1 outlines some of these differences between the Responsible Data Center Act and EO 62.
Table 1: Comparison of the Responsible Data Center Act and Executive Order 62
| Policy Area | Responsible Data Center Act (S.10642/A.11560) | Executive Order 62 |
|---|---|---|
| Moratorium Threshold | Applies to data centers expected to use 20 MW or more. | Applies to data centers expected to use 50 MW or more. |
| Moratorium Duration | One-year moratorium for DEC’s issuance of a permit, certificate, registration, license, or other approval. | Temporary hold for DEC (in abeyance) on all applications for any discretionary permit, approval, license, or similar form of permission for the construction or expansion of a data center that are pending or not yet complete until the completion of a Generic Environmental Impact Statement by DPS. |
| Environmental and Regulatory Review | Requires DEC to prepare a general Environmental Impact Report covering energy, water, land use, pollution, environmental justice, and financial incentives. | Directs DPS to prepare a statewide Generic Environmental Impact Statement in consultation with DEC and other relevant agencies. Directs DEC to review and deliver a report within 12 months identifying potential regulatory, policy, and guidance actions necessary or appropriate to address the concerns associated with the water usage of data centers. |
| Public Participation | Requires public hearings before permits are issued and public notice requirements for individual projects. | Requires public comment hearings during the preparation of the Generic Environmental Impact Statement, but not individual project hearings. |
| Utility Cost Allocation & Interconnection | Requires separate utility rate classes for data centers to cover infrastructure and service costs. | Directs DPS to consider mechanisms, including the New York Grid Acceleration Fund, to protect ratepayers from new costs. Creates a Data Center Interconnection Working Group and directs utilities to review interconnection practices. |
| Renewable Energy Standards | Establishes mandatory renewable energy requirements. | No requirement. |
| Energy Efficiency Standards | Requires statewide energy efficiency goals for new and existing data centers. | No requirement. |
| Host Community Benefits | Requires Public Service Commission (PSC) to establish a mandatory host community benefit program funded by data center developers. | Directs the Empire State Development to develop voluntary Community Investment Framework for negotiations between communities and developers. |
| Labor Provisions | Establishes prevailing wage apprenticeship and Buy American Steel requirements. | Community Investment Framework recommends consideration of prevailing labor agreement, apprenticeships, and local hiring, but does not mandate them. |
The EO directs DPS to complete a Generic Environmental Impact Statement (according to the requirements of the State Environmental Quality Review Act or SEQRA) in consultation with DEC and other relevant state agencies and authorities to assess the potential environmental impacts of the construction and operation of data centers, including energy demand, water usage and pollution, air pollution, noise pollution, and disproportionate impacts on disadvantaged communities. This is similar to the Responsible Data Center Act, which requires DEC to prepare a general Environmental Impact Report covering energy, water, land use, pollution, environmental justice, and financial incentives. The EO further directs DEC to review potential regulatory, policy, and guidance actions that may be necessary or appropriate in order to address concerns with the water usage associated with siting and operation of data centers and to deliver a report identifying them within 12 months.
Additionally, the EO directs Empire State Development to create a Community Investment Framework. The framework must provide guidance on creating and maintaining a community investment fund that data center developers and operators provide funding for. These funds can be used for energy affordability efforts and enhance public services such as childcare, K-12 programming, or public infrastructure. Additionally, the framework may provide investments in local energy distribution systems, broadband or irrigation systems, or wastewater treatment plants. It must also include guidance on establishing frameworks that prioritize prevailing wage standards, project labor agreements, local hiring, apprenticeships, and workforce development. Finally, the framework must further provide recommendations for transparency, including reporting requirements, to help communities understand economic figures associated with data center development. This too is similar to the Responsible Data Center Act, which requires the Public Service Commission (PSC) to establish a mandatory host community benefit program funded by data center developers.
DPS is also directed by the EO to consider the development of a New York Grid Acceleration Fund and other mechanisms to protect ratepayers from the risk of significant increased costs associated with serving new large electric loads. This fund may require data centers to make upfront capital contributions to finance grid improvements, participate in demand response programs, support the procurement of new clean energy resources, and establish an insurance pool to protect against project delays, changes in scope, or cancellations. DPS is also directed to form a Data Center Interconnection Working Group within 60 days of the EO to identify and resolve issues related to the interconnection of data centers and other large loads. This provision appears less stringent than the Responsible Data Center Act, which requires separate utility rate classes for data centers to cover infrastructure and service costs.
As of July 2026, there are at least 21 proposed hyperscale facilities across the state that will be affected by the moratorium established through the Governor’s EO.
Lastly, the EO directs DEC to assess whether any new or amended regulations, policies, reporting requirements, or guidance are necessary to ensure that the State’s water withdrawal program accurately and completely reflects the water demands of large water users, including data centers. DEC is also directed to identify potential regulatory, policy, and guidance actions needed to address water withdrawal concerns associated with the siting and operation of data centers.
Currently, our New York State Data Center dashboard shows 138 currently operating data centers and 23 proposed data center projects. As of July 2026, there are at least 21 proposed hyperscale facilities across the state that could be affected by the moratorium established through the Governor’s EO. Table 2 outlines potential projects that could be impacted by this new restriction, as well as those that would be impacted if the Responsible Data Center Act was signed into law.
Table 2: Proposed Hyperscale Facilities
| Site Name | Developer | Site County | New Project or Expansion | Proposed Capacity (MW) |
|---|---|---|---|---|
| 1 Gig Data Center East Fishkill, NY | Donovan Drive Holdings LLC | Dutchess | New Project | 1000 |
| Globe Digital Holdings Data Center | Globe DH LLC | Niagara | New Project | 600 |
| North East Data LLC Data Center | North East Data LLC | Niagara | New Project | 500 |
| Science, Technology & Advanced Manufacturing Park (STAMP) Data Center | STREAM U.S. Data Centers, LLC | Genesee | New Project | 500 |
| Data & Technology Campus | Riverview Innovation & Technology Campus, Inc. | Erie | New Project | 300 |
| Lake Hawkeye Data Center | TeraWulf | Tompkins | New Project | 300 |
| Ranalli SuperDC | Ranalli SuperDC LLC | Onondaga | New Project | 300 |
| Pontoon Bridge Road Data Center | American Data Center Partners LLC | St. Lawrence | New Project | 250 |
| Wulf Compute Data Center II | TeraWulf Brookings LLC Location | Niagara | New Project | 250 |
| Alcoa East Energy Allocation Project | Massena Development LLC | St. Lawrence | New Project | 200 |
| Greenidge Data Center | Greenidge Generation LLC | Yates | New Project | 200 |
| Proposed Datacenters at 450 Broadway, Buchanan, NY, 10511 | Holtec Decommissioning International (HDI) | Westchester | New Project | 200 |
| New York State Artificial Intelligence Data Center | ZeroC Data Centers, LLC | St. Lawrence | New Project | 200 |
| Kenwood Tech Center | Guild Ventures | Albany | New Project | 180 |
| Brookhaven Logistics Center | WF Industrial XII LLC | Suffolk | Expansion | 176.6 |
| iPark 84 Data Center | iPark East Fishkill LLC | Dutchess | Conversion | 150 |
| Niagara Digital Campus | Niagara Falls Redevelopment LLC | Niagara | New Project | 140 |
| DigiPower X Inc. | Digi Power X | Niagara | Conversion from Cryptocurrency | 120 |
| Remington Factory Redevelopment | Turin Management LLC | Herkimer | New Project | 100 |
| Orangeburg Expansion Phase 2 | DataBank Holdings, LLC | Rockland | Expansion | 60 |
| Hudson Valley Data Center | Robert Delcalzo | Rockland | New Project | 50 |
| Project Sycamore Orangeburg * | Project Sycamore – Orangeburg | Rockland | Expansion | 31.5 |
| * (Would be impacted if S10642/A11560 was enacted) | ||||
This list is based on those projects in the New York State Independent System Operators (NYISO) interconnection queue and, therefore, may not include all projects with active DEC permit, approval, license, or other similar applications or permissions that are currently being submitted or are already pending, which could fall under the EO. This list may also include projects that are exempt under the EO because they are for certain outlined purposes. Those exempted purposes outlined under the EO include: “manufacturing, research (including but not limited to quantum computing research or biomedical research), education (including but not limited to such facilities used by accredited colleges and universities in New York State, to the extent such colleges and universities are engaging in academic research, and the Empire AI consortium, or the institute, as defined in section three hundred sixty-one of the Economic Development Law), or the provision of medical care.”
Local Restrictions
Along with the statewide moratorium, more municipalities nationally and within New York State have passed additional restrictions, including temporary moratoriums and permanent zoning changes. There are currently 17 municipalities in New York State that have enacted a moratorium on data center development or permanent zoning restrictions; these can be viewed on Rockefeller Institute of Government’s Data Center Dashboard. While there are concerns across the state, these actions seem to be largely in central and western regions.
In our previous blog, we highlighted examples of local actions to address data centers. These included the Lysander Town Board passing a six-month moratorium on the construction of new data centers under Local Law #4, the Town of Perth passing a one-year moratorium on the development of new data centers under Local Law #2, and St. Lawrence County passing a resolution to affirm local authority over data center siting and urge all municipalities to pass their own local moratoriums. Other towns were also early adopters of data center restrictions. For example, in July 2024, the Tompkins County Town of Dryden passed an 18-month moratorium on commercial cryptocurrency mining operators and data centers through Local Law 2. This action was in response to a developer’s proposal to build a data center in the town. In February 2026, the Town Board unanimously passed a resolution that amended the town zoning code to define data centers and cryptocurrency facilities as a prohibited use. Town officials have stated that they believe this permanent zoning change will prevent developers from trying to reverse a denied zoning application.
This summer, there have been more public responses to other developments, including further moratoriums. On June 15, 2026, the City of North Tonawanda extended its existing two-year moratorium (originally passed in July 2024) on new data centers and cryptocurrency mining facilities and prohibited the expansion of existing facilities for an additional year. North Tonawanda’s mayor, Austin Tylec, noted that the city is going through a major zoning update and stated, “We do not want to become a data center city.” This moratorium was in response to developer Digi Power X’s plans to convert an existing cryptocurrency mining facility to a data center.
The Town of Oneonta in Otsego County passed a one-year moratorium on building data centers and cryptocurrency facilities in May 2026. This was in response to a proposed data center whose developer, Eco-Yotta, was requesting the rezoning of farmland. The Town of Clay in Onondaga County passed a one-year moratorium on data center permitting in late June 2026 while the town examines possible effects on infrastructure, water and electricity usage, noise concerns, and public safety. This pause was not in response to a specific proposed project; town officials stated that it is intended to ensure that proper safeguards are in place as development continues to accelerate around Micron’s semiconductor campus. Town officials are also working with Onondaga County, which has committed $500,000 to study the feasibility of hyperscale data centers and created the Onondaga County Data Center Investigative Task Force to examine environmental and health concerns around data centers. This task force is comprised of the Onondaga County Water Authority, Department of Health, Economic Development Department of Planning, and the Department of Water and Environmental Protection.
The Town of Allegany in Cattaraugus County permanently banned data centers and cryptocurrency facilities in June 2026 with Local Law 3. The town board said these restrictions were adopted after concerns around increased energy consumption, loss of farmland, and other environmental concerns. This law applies to all zoning districts within the town. This ban does not appear to be in response to a specific proposed project but is a proactive action to prevent the development of these facilities.
A recent Gallup poll found that 71 percent of respondents opposed data center construction in their community, while 53 percent opposed nuclear power plant construction.
Restrictions have also succeeded outside western and central regions of the state. The Town of Bethlehem in Albany County passed a one-year moratorium on June 24, 2026. East Fishkill in Dutchess County passed a three-year moratorium on data centers. This is the longest restriction we documented thus far and comes in response to the massive proposed project 1 Gig Data Center. This project has received significant pushback for its projected power needs; it is expected to use as much power as about 812,000 households annually (based on estimates from the US Energy Information Administration).
Other municipalities are actively considering moratoriums and other restrictions. For example, the village of Endicott in Broome County was scheduled to vote on a one-year moratorium on hyperscale data centers on July 20, 2026, but it was delayed to a later date. Because a large portion of the village is zoned industrial, some village officials have stated concerns that Endicott could be targeted by data center developers and see this moratorium as a means to get ahead of project proposals. Additionally, East Greenbush in Rensselaer County passed a six-month moratorium on data center development and operation on July 15, 2026. This was the first moratorium passed after the Governor’s EO was announced. Brookhaven Town Board on Long Island passed an 18-month moratorium on data centers on July 16, 2026. It remains unclear whether additional municipalities will continue to pursue their own restrictions after enactment of the Governor’s EO.
New York State is not unique in passing local restrictions. This appears to be a national trend gaining momentum across politically diverse jurisdictions. Large cities like Seattle, Washington and Denver, Colorado have approved one-year moratoriums. More rural places have also approved pauses, including Iron County, Utah and Normal, Illinois, each of which has a six-month moratorium. This seems to reflect broad public opposition to data center developments. A recent Gallup poll found that 71 percent of respondents opposed data center construction in their community, while 53 percent opposed nuclear power plant construction.
Looking Ahead
New York’s executive order is the first time a state has chosen to put in place a moratorium on data center permitting and approvals. The next year will test whether one year is enough time to establish statewide standards that help protect water use and grid costs, as well as understand the full set of impacts and benefits for host communities. As we move into that year, Rockefeller will examine how municipalities continue to respond—whether they continue to pursue more stringent local protections, such as permanent zoning restrictions or longer moratoriums, or if they align with potential state regulation. We will also continue to monitor state-level policy responses while we await the reporting required under the EO. Our New York State Dashboard currently outlines nine pieces of state legislation, which we will continue to track as they proceed through the legislative process.
ABOUT THE AUTHOR(S)
Mathilda Scott is a policy analyst at the Rockefeller Institute of Government.
Laura Rabinow is director of research at the Rockefeller Institute of Government.