State of New York: Hyperscale Data Center Permit Moratorium

Environmental review as an AI infrastructure constraint

New York’s July 2026 Executive Order 62 directs the Department of Public Service to prepare a Generic Environmental Impact Statement on data-center construction and operation. The review concerns energy demand, water, air quality and other local impacts of computing infrastructure, including AI. [1]

A specific state permitting pause

Until the final report and findings are submitted, the Department of Environmental Conservation must hold specified applications in abeyance if they were not already determined complete before the order. The text covers data-center construction or expansion and expressly excludes permissions from local governments. Section 1 does not state a numerical megawatt threshold. [1]

The governor’s announcement describes the review as taking up to a year. The order itself ties the pause to the environmental-review deliverable, while separately directing work on community benefits and grid-related measures. Those directions are distinct from a blanket ban on all construction or proof that new standards have already been completed. [2][1]