
Governor Kathy Hochul, a Democrat, announced an executive order on Tuesday implementing a moratorium on large-scale data center construction in New York. The pause will remain in effect for up to one year, marking the first statewide ban of its kind in the United States. The move reflects growing concern among elected officials and residents regarding the potential consequences of data center development on utility expenses and grid reliability.
Hochul stated that the action was necessary given the threat data centers pose to utility bills, natural resource depletion, and economic uncertainty for state residents. The executive order directs the state Department of Public Service to refrain from issuing new permits for large-scale data centers during the moratorium period. During this time, the department will conduct an environmental assessment of data center impacts and establish a proceeding to determine whether data centers should pay elevated rates for electricity or generate their own power supply.
The governor’s directive arrives as technology companies have channeled substantial investment into data center construction across the nation, largely driven by computational requirements associated with artificial intelligence development. Additionally, Hochul directed the state’s economic development agency to create a framework for local communities to use when negotiating with technology companies seeking to build data centers. This framework will address infrastructure improvements, child care provisions, financial assistance, and labor and wage conditions.
Hochul also proposed establishing a fund requiring data centers to contribute to New York’s electrical grid infrastructure and clean energy capacity. She additionally called on the legislature to eliminate the state’s sales tax exemptions for large data centers. State lawmakers approved a more extensive data center moratorium measure in the prior month, though Hochul has not indicated whether she intends to sign that legislation.
Data center development has generated opposition in jurisdictions nationwide, with local communities and state capitals witnessing organized resistance. Governor Janet Mills of Maine, also a Democrat, rejected a comparable statewide data center ban measure earlier this year. Multiple municipalities across the country are scheduled to hold ballot votes regarding data center restrictions during this period.
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