Executive Summary:
On July 14, 2026, Governor Kathy Hochul signed an Executive Order for the nation’s first moratorium on new hyperscale data centers to establish strong standards for data center developments and to protect ratepayers, the environment, the energy grid and communities across New York. This comes after the Governor implemented measures to keep energy more affordable for New Yorkers earlier this year.
New York Pauses NYSDEC Permitting with First Moratorium for Large Data Centers
On July 14, 2026, Governor Kathy Hochul issued an Executive Order (EO) 62, establishing the first statewide data center permitting moratorium in the country to create a regulatory and economic framework to evaluate and mitigate the environmental risks associated of the unprecedented growth demands of data centers in New York. EO 62 directs the New York State Department of Environmental Conservation (NYSDEC) to hold in abeyance discretionary permit applications for the construction or expansion of data centers that consume, or can consume, 50 megawatts (MW) or more of energy. The pause took effect immediately and runs until the Department of Public Service (DPS) submits a final Generic Environmental Impact Statement (GEIS) and findings statement.
EO 62 directs DPS and the NSYDEC to draft a GEIS in accordance with the requirements of the State Environmental Quality Review Act (SEQRA) to identify potential concerns related to energy demand, water use and quality, air quality, noise, and disproportionate impacts on disadvantaged communities related to data center construction and operation. Additionally, EO 62 directs the NSYDEC to assess amendments to the existing Title 6 of Codes Rules and Regulations of Codes, Rules and Regulation of New York (6 CRR-NY) Part 601 and 602 regulations, policies, reporting or guidance necessary to the water withdrawal program reflect the water demands of data centers.
Furthermore, EO 62 adds an explicit policy that the cost of electric system upgrades needed to serve large loads should not fall on everyday New Yorkers. Rather than work through a single program, EO 62 layers a permitting pause on top of directives at NYDEC, DPS, and Empire State Development (ESD).
EO 62 defines a “data center” as a facility, or group of facilities on the same or contiguous sites, used to house computer servers, associated components, or computing or telecommunications equipment for the storage, processing, distribution, and/or management of data. A facility is particularly subject to EO 62 as follows:
- Equipment at facilities containing uninterruptible power supply systems, specialized cooling designed for high-density computing loads, and/or cybersecurity systems for secure digital infrastructure operations;
- Equipment that provides data storage, cloud computing, and/or content delivery to customers, internal operations, and/or affiliated business operations, often on a continuous 24-hour cycle; and
- Equipment that consumes 50 MW of energy or more.
EO 62 exempts facilities primarily used for manufacturing, research, education (including accredited New York colleges and universities engaged in academic research, and the Empire AI consortium), or the provision of medical care. The abeyance applies only to applications not determined complete by DEC before July 14, 2026. Although EO 62 does not reach local government permits, leaving town and county land use, site plan, and special use approvals on their own track, the NYSDEC may now require an applicant to state whether its application relates to or involves the construction or operation of a data center as a condition precedent to a completeness determination.
If you would like to discuss how the Executive Order 62 may impact your facility, please email Kishan Patel in Trinity’s Albany office or call 518.460.1936 extension 3303.
