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Data Center Site Selection in New York: NYISO, Hydropower and the 2026 Permit Pause

As of October 2026, New York is the first state to pause state environmental permits for large data centers: Executive Order 62, signed July 14, 2026, halts discretionary DEC permits for facilities that can use 50 MW or more while a statewide environmental review is prepared.12 The Legislature also passed a stricter 20 MW moratorium bill that had not been signed as of the latest reporting.34 Underneath the politics, upstate New York still offers hydropower, former industrial and power plant sites and a growing set of AI campuses in Western New York,56 but every project now runs through a new review and cost-allocation framework.7

Last reviewed · 8 min read · BlackForge Data Centers

Key takeaways

  • Executive Order 62 pauses discretionary DEC permits for data centers of 50 MW or more until a Generic Environmental Impact Statement is finished, which the governor framed as about one year.12
  • Applications DEC deemed complete before July 14, 2026, and projects that need only local approvals are outside the pause.21
  • The NYISO large-load queue grew from six projects (1,045 MW) in 2022 to 51 projects (12,670 MW) by May 2026, while NYISO plans for about 2,880 MW to connect by 2040.8
  • The PSC opened Case 26-E-0045 in February 2026 so that large loads pay for the grid upgrades they cause.7
  • NYPA’s Niagara and St. Lawrence hydropower is allocated through job-linked programs such as ReCharge NY, and data centers have received allocations.910

01How New York compares for data center siting

New York has a large carbon-free generation base, a cool climate, dense fiber and many former industrial and power plant sites. In 2023 the state produced more hydroelectric power than any other state except Washington and California, about 22% of in-state generation, and nuclear supplied almost 22% more.5 Most of that hydro and nuclear sits upstate, which is why most large data center proposals target Western and Central New York rather than the New York City area.

The constraints are political and procedural as much as physical. NYISO reports that statewide reliability margins are tightening as older plants retire and demand rises,11 and the state has added a permit pause and a utility cost-allocation proceeding aimed directly at large loads.17 For the market structure, utility roles and capacity zones, start with our regional guide to New York and New England. This guide focuses on what is specific to New York State in 2026.

Fig. 1Large-load demand in the NYISO queue

  • Queue, 2022 (6 projects)1,045
  • Queue, July 2025 (29 projects)6,055
  • Queue, May 2026 (51 projects)12,670
  • NYISO planning forecast, 20402,880

MW

Queued large-load projects have multiplied since 2022, but NYISO’s planning forecast assumes only a fraction will connect by 2040.812

02Executive Order 62 and the moratorium bill

Governor Hochul signed Executive Order 62 on July 14, 2026. It immediately paused discretionary state environmental permits issued by the Department of Environmental Conservation (DEC) for any data center that can use 50 MW or more. The pause runs until the Department of Public Service completes a Generic Environmental Impact Statement; the governor described that as about a year, but the order sets no fixed end date.1 It exempts data centers used primarily for manufacturing, medical care, education or specified research, and it does not reach applications DEC had already found complete or permits issued by local governments.21 The order also directs the Department of Public Service, through Case 26-E-0045, to examine data center interconnection to the distribution network.2

In June 2026 the Legislature passed the Responsible Data Center Development Act (A11560/S10642), which the Senate approved 43–17 on June 4. It would set a one-year moratorium at a 20 MW threshold, have DEC prepare an environmental impact report within 18 months, require data centers of 5 MW or more to source one-third of their electricity from renewables from 2030, two-thirds from 2035 and 90% from 2040, and require separate utility rate classes for large data centers by June 1, 2030.3 As of early October 2026, no signature or veto had been reported; earlier reporting said the bill had not yet been delivered to the governor, who has 10 days to act once it is.4 Check its status before relying on either threshold.

Fig. 2Executive Order 62 vs. the 2026 moratorium bill

In effect July 14, 2026

Executive Order 62

  • Threshold: 50 MW or more
  • Pauses discretionary DEC permits
  • Runs until a GEIS is complete
  • Complete applications and local permits excluded

Passed, not signed

Responsible Data Center Development Act

  • Threshold: 20 MW or more
  • One-year moratorium
  • Renewable sourcing for 5 MW+ from 2030
  • Separate large data center rate classes by 2030
Summary of the order in effect and the bill passed in June 2026; confirm current status with counsel.13

Our guides to data center moratoriums and state data center legislation trends put New York’s approach in context.

03NYISO, utilities and the PSC large-load proceeding

New York’s grid is run by NYISO, and large loads connect through a regulated delivery utility. The queue numbers show the pressure: 29 large-load projects totaling about 6,055 MW in July 2025, then 51 projects totaling 12,670 MW by May 2026.12 NYISO’s planning forecast assumes about 2,880 MW of that demand is integrated by 2040, so most queued load is treated as uncertain.8 NYISO’s 2026 Power Trends report says reliability margins are tightening and the system is more sensitive to uncertainty.11

On February 12, 2026, the Public Service Commission opened Case 26-E-0045 on interconnection reforms for large loads, growing out of the governor’s Energize NY Development initiative. The order states that projects driving significant system demand should pay their fair share of associated costs while protecting other ratepayers and reliability, and it applies a “beneficiary pays” principle to grid upgrades that directly benefit a new load. It also cites concerns that speculative projects could leave existing customers paying for infrastructure that is never used.7

For a site, that means expecting to fund upgrades, post security and show a credible ramp schedule. Our guides to large-load tariffs and transmission upgrades and cost allocation explain the terms that usually follow.

04NYPA hydropower and power allocations

The New York Power Authority (NYPA) owns the state’s largest hydro plants. The 2,500 MW Robert Moses Niagara plant at Lewiston produces the largest share of New York’s hydropower.5 NYPA does not sell this power on demand: it allocates it through economic development programs tied to jobs and investment commitments.

Fig. 3New York’s hydro and ReCharge NY at a glance

of in-state generation from hydro, 2023
~22%
Robert Moses Niagara plant
2,500 MW
ReCharge NY pool, half of it hydro
910 MW
maximum ReCharge NY contract term
7 years
Hydro and nuclear shares are for 2023; ReCharge NY figures are program totals.59

ReCharge NY offers contracts of up to seven years. Half of its power, 455 MW, comes from NYPA’s Niagara and St. Lawrence-FDR plants, and the other 455 MW is lower-cost power NYPA buys on the wholesale market.9 Data centers have received allocations: NYPA’s approved list includes 2,850 kW for 365 Data Centers in Commack, on Long Island.10 Allocations of this size cover a small facility or part of a load, not a hyperscale campus. Western New York has a longer history: Yahoo’s Lockport data center was allocated 10 MW of NYPA power during its initial phase, with a further 5 MW planned for a second phase.13

Treat hydropower as a possible cost and sustainability benefit to apply for, not as the core supply plan for a large campus. Our guide to hydropower and data center siting compares New York with the Pacific Northwest.

05Western New York: Lake Mariner, STAMP and Lockport

The most advanced AI campus in the state is TeraWulf’s Lake Mariner site, built on a former coal plant property and originally developed for cryptocurrency mining. In August 2025 TeraWulf signed two 10-year colocation agreements with Fluidstack for about 200 MW of critical IT load, with Google providing a $1.8 billion lease backstop.14 Days later Fluidstack took a further building with more than 160 MW of IT load, bringing contracted capacity to about 360 MW, with operations expected in late 2026.6 The path from mining site to AI campus is covered in our guide to converting bitcoin mining sites.

At the Science and Technology Advanced Manufacturing Park (STAMP) in Genesee County, Stream Data Centers withdrew a smaller application in September 2025 and refiled for a larger facility, expanding the site from 59 to 90 acres; a revised application raised planned investment to $19.46 billion.15 The Sierra Club describes the newer plan as a 500 MW, 2.2 million square foot complex and reports a requested incentive package of about $801 million through the county development agency. Opponents, including allies of the neighboring Tonawanda Seneca Nation, have raised water, wastewater and environmental review concerns.16 In New York, those incentives usually take the form of an industrial development agency PILOT and sales tax abatements, so the agency’s SEQRA review becomes a central part of the schedule.

The lesson for landowners is that sites with existing high-voltage infrastructure, such as retired generating stations, move fastest. See our guide to repurposing industrial and power plant sites.

06How to screen a New York site

  1. 01Determine whether the project needs discretionary DEC permits, such as air permits for generators, and whether its peak demand crosses the 50 MW threshold in Executive Order 62 or the 20 MW threshold in the pending bill.13
  2. 02Confirm the delivery utility and utility service territory, then ask what Case 26-E-0045 may require in upgrade funding and security.7
  3. 03Place the load realistically against NYISO’s queue: many projects are ahead, and NYISO’s planning forecast assumes most will not connect soon.8
  4. 04Check eligibility for NYPA allocations and how jobs and investment commitments are measured.9
  5. 05Plan for SEQRA review and an industrial development agency incentive process, with public hearings and organized opposition likely for large projects.16
  6. 06Design for water and wastewater from the start; air-cooled or closed-loop designs reduce one of the most common objections.

Compare New York with neighboring Pennsylvania, which sits in PJM. If you want an independent read on a specific tract, you can get a site reviewed.

Common questions

Does New York have a data center moratorium?

Yes, in the form of Executive Order 62, signed July 14, 2026, which pauses discretionary DEC permits for data centers that can use 50 MW or more until a statewide environmental review is complete.1 A separate 20 MW moratorium bill passed the Legislature in June 2026 but had not been signed as of the latest reporting.34

Does the moratorium stop every data center project in New York?

No. It excludes applications DEC had found complete before July 14, 2026, facilities used primarily for manufacturing, medical care, education or specified research, and projects that need only local permits.21 Smaller facilities below the threshold are also outside it.

Can a data center get NYPA hydropower?

It can apply. NYPA allocates hydropower through programs such as ReCharge NY, which offers contracts of up to seven years tied to jobs and investment.9 Data center allocations have been measured in kilowatts or a few megawatts, such as 2,850 kW for a Long Island facility.10

How much large-load demand is waiting to connect in New York?

About 12,670 MW across 51 projects as of May 2026, up from 1,045 MW in 2022. NYISO’s planning forecast assumes about 2,880 MW of large load connects by 2040.8

Where are New York’s largest AI data center projects?

Mostly in Western New York. TeraWulf’s Lake Mariner campus has about 360 MW contracted with Fluidstack, and Stream has proposed a large campus at STAMP in Genesee County.615

Notes

  1. 1.Foley & Lardner LLP, “New York Just Pressed Pause on Large Data Center Permitting,” 2026. foley.com
  2. 2.Davis Wright Tremaine LLP, “Key Takeaways from New York Data Center Permitting Pause Under Executive Order No. 62,” 2026. dwt.com
  3. 3.Phillips Lytle LLP, “New York State Legislature Passes Bill to Examine Data Center Impacts, Including One-Year Moratorium,” 2026. phillipslytle.com
  4. 4.Bisnow, “N.Y. Governor Signs First Statewide Data Center Moratorium, Halting $10B Of Development,” 2026. bisnow.com
  5. 5.U.S. Energy Information Administration, “New York State Profile and Energy Estimates: Analysis,” n.d. eia.gov
  6. 6.Data Center Dynamics, “Fluidstack to lease another 160MW of capacity from TeraWulf at New York campus, Google to increase stake in cryptominer,” 2025. datacenterdynamics.com
  7. 7.New York State Public Service Commission (via RTO Insider), “Interconnection Reforms for Large Loads, Case 26-E-0045,” 2026. rtoinsider.com
  8. 8.Regional Plan Association, “Reviewing NYISO’s Power Trends Report,” 2026. rpa.org
  9. 9.Renewable Energy World, “NYPA announces latest economic development power awards,” n.d. renewableenergyworld.com
  10. 10.New York Power Authority, “ReCharge New York Approved Allocations,” 2026. nypa.gov
  11. 11.New York Independent System Operator, “2026 Power Trends,” 2026. nyiso.com
  12. 12.New York Independent System Operator, “Energy-intensive Projects in NYISO’s Interconnection Queue,” 2025. nyiso.com
  13. 13.The Register, “Yahoo! data centre to tap Niagara Falls power,” 2009. theregister.com
  14. 14.Data Center Dynamics, “Cryptominer TeraWulf secures 200MW lease with Fluidstack, Google to take stake in company,” 2025. datacenterdynamics.com
  15. 15.Data Center Dynamics, “Stream ups planned investment in New York campus to $19.46 billion,” 2026. datacenterdynamics.com
  16. 16.Sierra Club Niagara Group, “Update on STAMP Data Center,” 2026. sierraclub.org

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This guide is general information about data center site selection. It is not engineering, legal, tax or investment advice. Requirements vary by state, utility and county, so confirm the specifics for any site with the relevant authorities and advisors.

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