New York enacts data center moratorium; impacts Genesee County project and draws local reactions
New York Governor Kathy Hochul issued an executive order enacting a one-year moratorium on large-scale data centers requiring over 50 megawatts in New York State. This moratorium impacts a proposed Stream Data Centers project in the Town of Alabama, Genesee County. Environmental groups and the Tonawanda Seneca Nation support the moratorium and have also filed a lawsuit challenging a local zoning agreement related to the project.
New York Governor Kathy Hochul has issued an executive order imposing a one-year moratorium on large-scale data centers requiring at least 50 megawatts of energy, effective immediately. The order, intended to allow for an environmental impact study by the Department of Public Service and the Department of Environmental Conservation, has elicited diverse responses from local stakeholders in Genesee County.
Town of Alabama Supervisor Rob Crossen indicated that the executive order appears to exclude local government approvals from its scope, but noted that the town attorney, Mark Boylan, would conduct a thorough review. The moratorium directly affects Stream Data Centers, which has proposed a $19.46 billion investment for three data halls on 90 acres at the Western New York Science & Technology Advanced Manufacturing Park (STAMP) property. Representatives from Stream Data Centers were unavailable for comment, and the Genesee County Economic Development Center (GCEDC) is reviewing the order's impact.
Justin Wilcox, Executive Director of Upstate United, expressed concern that the moratorium sends mixed signals, prolongs uncertainty for companies, and jeopardizes potential investment and job creation by stripping away local control. Conversely, Sarah Howard, Environmental Consultant to the Tonawanda Seneca Nation and an Ally of the Nation, welcomed the moratorium. She emphasized the need for further study on the environmental impacts, including water, air, utility rates, and noise, and urged GCEDC to conduct its own Environmental Impact Study for the STAMP project.
The article also highlights that the Sierra Club and Tonawanda Seneca Nation recently filed a lawsuit in State Supreme Court, challenging a zoning agreement between the Town of Alabama and GCEDC. The suit alleges the agreement, which restricts the town's ability to modify zoning laws without GCEDC approval, violates state law and seeks to annul it and associated zoning rules, thereby restoring the Town Board's legislative discretion. GCEDC President and CEO Mark Masse provided an update on various environmental studies, including acoustic, wind dispersion, and air emissions analyses, which have been uploaded to the GCEDC website.