Gov. Hochul signs executive order placing one-year moratorium on data center construction
Governor Hochul has signed an executive order implementing a one-year moratorium on large-scale data center construction in New York to assess environmental and energy impacts. This statewide pause comes as lawmakers have also passed similar legislation awaiting her signature. Local communities and tribal groups are actively engaged in discussions and opposition regarding data center development within the state.
Governor Kathy Hochul has signed a groundbreaking executive order initiating a one-year moratorium on the construction of large-scale data centers across New York State. The executive order, signed on July 14, directs state agencies to conduct comprehensive assessments of the environmental and energy consumption impacts of these facilities, particularly those consuming over 50 megawatts of power. This move marks the nation's first statewide pause on data center development, aiming to establish robust standards for their growth within the state.
The executive order comes despite state lawmakers having already passed similar legislation proposing a one-year moratorium, which remains unsigned on Governor Hochul's desk. Some legislators, including Assemblyman Scott Gray, have called for a veto of the legislative bill, advocating for local control over data center siting rather than state agency authority. State officials indicate that the pause is crucial given the existing strain on New York's power grid, exacerbated by the decommissioning of fossil fuel-based generation sites, and concerns that data centers could lead to outages.
The decision reflects widespread public and political opposition to data center expansion, with calls for outright bans or stringent regulations from across the political spectrum. Native American populations have also been vocal critics, with the Seminole Nation passing its own moratorium on tribal lands. In Massena, Akwesasne tribal members and the advocacy group Mohawks United for Safety and Health (MUSH) have actively protested a planned data center expansion by NYDIG at the former Alcoa East site. Furthermore, towns like Canton and Potsdam are currently considering their own local moratoriums or bans on data centers.