New York Enacts First Statewide Data Center Construction Moratorium
9 verified4 unconfirmed2 contested
New York Governor Kathy Hochul signed an executive order on Tuesday enacting a one-year moratorium on the construction of large data centers, making New York the first state to impose such a pause. The order applies to facilities using 50 megawatts or more of power and halts state environmental reviews until a new generic environmental impact statement is developed. Hochul stated at a press conference that the pause would give the state time to create a framework protecting communities while addressing concerns about energy consumption, water use, and rising utility bills. The moratorium arrives amid growing bipartisan opposition to data center development across the United States, with at least 13 other states introducing similar legislation this year. Hochul’s move follows the passage of a bill by New York lawmakers that would impose a stricter moratorium on facilities over 20 megawatts, though that bill has not yet been signed. The executive order also proposes ending tax incentives for hyperscale data centers and considering a fund to support the state’s electrical grid. No widespread conflicting reports were identified across the sources, though accounts differ on the status of the legislative bill.
What’s verified
New York Governor Kathy Hochul signed an executive order on July 14, 2026, imposing a one-year moratorium on the construction of new data centers.
The pause applies to data centers of 50 megawatts or larger.
The moratorium will be lifted once the state completes a new environmental review process, expected to take about a year.
New York is the first state to implement a statewide data center moratorium.
The order includes plans to halt state environmental reviews and develop a Generic Environmental Impact Statement (GEIS).
Hochul is also proposing eliminating tax incentives for large data centers and considering a fund to support the state’s electrical grid.
At least 13 other states have introduced data center moratoriums this year, with bipartisan support in several cases.
Sen. Bernie Sanders (I-Vt.) has proposed a nationwide moratorium on data centers.
New York lawmakers passed a bill that would pause construction of data centers larger than 20 megawatts, but the bill has not yet been signed by the governor.
Where accounts differ
One source reports that the legislative bill has been passed by the New York legislature and is sitting on the governor’s desk awaiting action. Another source states that the governor’s office says the bill is still being reviewed and has not yet been received. A third source reports that the bill has been passed but not yet received by the governor.
The executive order is described by one source as less aggressive than the bill, which would apply to data centers over 20 megawatts, while the order applies to those over 50 megawatts.
Not yet confirmed
The exact dollar amount of data center projects blocked or delayed by protests this year is reported by only one source as more than $130 billion.
The role of Rep. Alexandria Ocasio-Cortez (D-NY) in federal legislation is mentioned by only one source.
Specific membership growth figures for anti-data center Facebook groups are reported by only one source.
Details of former Governor Janet Mills’ veto of a Maine moratorium bill are reported by two sources, but the status of that bill after a project pause is mentioned by only one.
Key figures
Gov. Kathy Hochul (D-NY)
Sen. Bernie Sanders (I-Vt.)
State Sen. Kristin Gonzalez (D-NY) – sponsor of the state legislative bill
Sources: TechCrunch, Wired, Ars Technica
