The Data Center Divide
A policy snapshot ahead of the 2026 midterms. Mapping data center incentives, restrictions, and bans through legislation, regulations, and executive actions across all 50 states and 1,462 local jurisdictions.
Town of Barrington
Pro-Data Center Policies
New York exempts qualifying data centers from sales taxes on certain equipment and services, subject to security and web-hosting conditions. An enacted order is also described as pausing some state environmental permits for new or expanded centers pending review, while excluding local permits and existing operations.
Rating and summary from New York statewide as there are no scored current or future laws outside temporary restrictions for Town of Barrington.
pending · Town of BarringtonProposes a temporary moratorium covering data centers, high-density cryptocurrency-mining facilities, and artificial-intelligence computing facilities while the Town studies potential environmental, infrastructure, and community impacts and considers permanent zoning regulations.Town of Barrington, NY One-Year Moratorium on Data Centers and Artificial Intelligence Computing Facilities (2026)
What this means
The order would put certain state environmental permit applications for building or expanding qualifying data centers on hold until a statewide environmental review is finished, with no fixed end date; it covers facilities that can use 50 megawatts or more and exempts local permits and some types of facilities (DEC applications would be held in abeyance). It is a serious delay, but not a complete ban on building or operating data centers, and the order’s community-investment guidance does not provide direct financial incentives.
Timing
- Ends
- Until DPS submits its report of the final Generic Environmental Impact Statement and associated findings statement.
Executive Order 62 directs DEC to hold certain data-center permit applications in abeyance until that event; it excludes local-government permits. The separate proposed Barrington moratorium’s expiration is not specified in the sources. Until DPS submits its report
People behind it
- Kathy Hochul
Issued Executive Order No. 62 establishing the temporary data center permitting moratorium.
- Department of Public Service
Directed to assess data center impacts, prepare a Generic Environmental Impact Statement, and lead other grid and interconnection work under the order.
- Department of Environmental Conservation
Directed to hold certain data center permit applications in abeyance and assess water-withdrawal rules.
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- Empire State Development
Directed to create and publish a Community Investment Framework to guide localities engaging with data center developers and operators.
Restrictions & requirementsHide restrictions & requirements4
DEC must hold in abeyance applications for discretionary permits or similar approvals to construct or expand a covered data center until DPS submits its final Generic Environmental Impact Statement and findings statement. This applies to applications pending or filed after July 14, 2026 that DEC had not determined complete before that date; it does not apply to local-government permissions. The order defines covered data centers as facilities that consume or can consume at least 50 megawatts, with exceptions for facilities primarily used for manufacturing, research, education, or medical care.
The order directs DPS to consider a New York Grid Acceleration Fund that could require data centers to make upfront contributions for grid improvements, participate in demand-response programs, support new clean-energy supply, or contribute to an insurance pool. These are potential obligations for a fund DPS is directed to consider, not requirements imposed immediately by the order.
DPS must form a working group to address interconnection of data centers and other large loads while ensuring that they comply with “beneficiary pays” principles for network-upgrade and resource-adequacy costs.
Data centers may be subject to service classifications and requirements that DPS develops and the Public Service Commission may establish.
Benefits & exceptionsHide benefits & exceptions3
DEC’s temporary permit hold applies only to applications not determined complete before the order; applications already complete are not included. The hold also does not cover local-government permits. not been determined to be complete
DPS must form a working group to address interconnection issues and support efficient interconnection of large new customers, including data centers. The order also requires attention to “beneficiary pays” principles for network-upgrade and resource-adequacy costs. support efficient interconnection
DPS is directed to consider a grid-acceleration fund that could finance grid improvements for integrating and serving new loads, potentially supporting data-center service. This is only a proposal for consideration, and the fund may require data centers to make upfront contributions and meet other conditions. New York Grid Acceleration Fund
Sources
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