New York’s data center moratorium is a temporary pause on specified environmental permits for new hyperscale projects. Gov. Kathy Hochul signed Executive Order No. 62 on July 14, 2026, directing state agencies to prepare standards during a pause of up to one year.
What the executive order directs agencies to do
The order directs the New York Department of Environmental Conservation (DEC) to withhold discretionary environmental permits for covered projects if their applications had not already been deemed complete. The Department of Public Service (DPS) was assigned to prepare a Generic Environmental Impact Statement, examining issues including energy demand, water use and quality, and air quality. The Governor’s Office says the pause lifts when the standards are finalized and can last up to one year. (New York State Governor’s Office)
Hochul said in an ABC News interview that the order’s threshold is 50 megawatts or more. She said smaller research and university facilities fall below that threshold.
Empire State Development was directed to issue a Community Investment Framework within 60 days of the order, to guide local negotiations over potential benefits such as infrastructure, child care, local hiring and workforce development. DPS was also directed to consider ratepayer protections and grid-investment options, including a possible New York Grid Acceleration Fund.
The permitting rules answer what the order pauses; the broader question of project delays is separate. NeoTeo’s earlier report on SemiAnalysis’s estimates of U.S. data-center delays examined that capacity impact.
The executive order and the separate bill
The July executive order and a bill passed by the New York Legislature in June are separate measures, with different reported thresholds and mechanisms.
| Measure | Reported threshold | Mechanism and scope | Time frame and status |
| Executive Order No. 62 | 50 MW or more, as Hochul stated in an ABC News interview | Pauses specified discretionary DEC environmental permits while the state prepares standards | Up to one year; the Governor’s Office says the pause lifts when standards are finalized |
| Responsible Data Center Development Act | More than 20 MW, Reuters reported | Separate legislative moratorium bill with additional environmental-review requirements | A one-year bill; on November 1, WIRED reported that Hochul’s office was still reviewing it |
The reported 50-MW and more-than-20-MW thresholds apply to different measures. Reuters reported the bill’s lower threshold; Hochul gave the order’s threshold in her ABC News interview. On November 1, WIRED reported that Hochul’s office was still reviewing the bill, a dated account of its status.
Why local opposition continues
Community concerns focus on proposed projects as well as state policy. Organizer Adrienne Yocina had spent two years opposing a proposed 600-MW data center near the Tonawanda Seneca Nation reservation and a federal wildlife refuge in western Genesee County, according to an account published November 1. Yocina’s group was considering alternative uses for the site.
State Sen. Kristen Gonzalez, a bill sponsor who supported Hochul’s order, said she had heard concerns about air and noise pollution and rising utility and water bills from communities near existing data centers. She called the temporary pause a first step toward further protections.
What the polls and political ads measure
Quinnipiac’s poll measured trust in candidates to handle AI and data centers: 53% of respondents trusted Hochul more, while 31% trusted Republican challenger Bruce Blakeman more. (Quinnipiac University Poll)
A Siena Research Institute poll asked about hypothetical local development. It found that 63% of New Yorkers said they would oppose a data center in their area after the pause expired; among New York Democrats, the figure was 75%. Those responses address a local project scenario, rather than candidate trust. (Siena Research Institute)
The $12 million figure concerns political advertising, not survey responses. WIRED reported that advertisers spent that amount on U.S. political ads mentioning data centers on Facebook and Instagram during the 90-day period from July 27 to October 24, 2026. Pew Research Center’s analysis covers those platforms and dates. (Pew Research Center)
An existing data center in Manhattan
Digital Realty lists its JFK12 data center at 60 Hudson Street in Manhattan. The executive order addresses new hyperscale development. (Digital Realty)
