New York Executive Order No. 62 — Temporary Data Center Permit Abeyance (>=50 MW)

New York Governor Kathy Hochul signed an Executive Order on July 14, 2026 imposing the first statewide data center moratorium in the United States. The order pauses state permitting for new data centers that plan to draw more than 50 megawatts of electricity at any one time. It also directs the Public Service Commission to conduct a generic environmental and energy review of data center impacts, and directs Empire State Development to create a 'Community Interest Framework' within 60 days to help local governments negotiate with data center developers. The moratorium is separate from the pending legislative bill S10642/A11560 (which Hochul did not sign or veto); the EO accomplishes a moratorium through the Governor's authority over state permitting systems rather than through the DEC permit mechanism proposed in the bill.

Technical detail

New York Governor Executive Order (July 14, 2026). Scope: new large data centers planning to use >50 megawatts of electricity at any one time, applying to state-level permitting actions. Directives: (1) pause on state permitting for covered new data center projects for approximately one year while state agencies develop a comprehensive regulatory framework; (2) Public Service Commission directed to initiate a generic environmental review of data center energy and infrastructure impacts; (3) Empire State Development directed to create a 'Community Interest Framework' within 60 days providing local governments tools/standards for negotiating with data center developers. This EO is distinct from: (a) the pending S10642/A11560 (Responsible Data Center Development Act), which would impose a legislative moratorium via DEC permit authority and remains unsigned and pending (Hochul has until end of 2026); (b) existing local moratoriums tracking individual city and county actions. New York is the first U.S. state to impose a statewide data center moratorium via any mechanism. Note: the 50 MW threshold in the EO is lower than S10642's 20 MW DEC-permit approach (different metric: MW vs. MVA-equivalent). Hochul's approach via EO rather than legislation reflects political calculation — S10642 had industry opposition and the EO avoids the DEC-permit legal complexity.

Who is protected: New York State residents and communities near proposed data center sites; state ratepayers; local governments seeking leverage in data center negotiations

Who must comply: Developers of new data centers that plan to use >50 MW of electricity seeking New York State permitting

Key facts

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Related data-center siting and energy rules elsewhere

• Superior WI Data Center Moratorium (1-year) · In effect
• Dane County WI Hyperscale Data Center Moratorium · In effect
• Madison WI Data Center Moratorium (1-year) · In effect
• Manitowoc County WI Data Center Moratorium · In effect
• WA SB 5982 (Data Center / Clean Energy) · In effect
• Dayton OH data center moratorium (180-day, Apr 2026) · In effect