New York’s Statewide Moratorium on Hyperscale Data Centers | Executive Order No. 62 & S10642/A11560. A conversation with Senator Kristen Gonzalez

New York has become the first state to hit pause on large-scale data center development. Under Executive Order No. 62, signed by Governor Hochul on July 14, 2026, the Department of Environmental Conservation may not issue new discretionary environmental permits for data centers drawing 50 MW or more of power for up to one year; only projects whose applications were deemed complete before that date escape the freeze. The moratorium is not a ban but a planning interval: the Public Service Commission's staff will produce a Generic Environmental Impact Statement examining what hyperscale facilities mean for the grid, water supplies, and utility ratepayers, while Empire State Development must publish a Community Investment Framework guiding how host localities can extract tangible benefits from developers. Notably, the Governor acted by executive order rather than signing the Legislature's more aggressive Responsible Data Center Development Act, which would sweep in facilities at 20 MW and mandate escalating renewable-energy quotas. The practical takeaway for developers and investors is that New York's door remains open — but the price of entry, once the pause lifts, will likely include grid-cost contributions, community funding commitments, and tighter environmental review.
Join us for a one-hour conversation with Senator Gonzalez for an in-depth discussion of the rationale and scope of Executive Order No. 62 — and, just as importantly, how businesses can position themselves to build new opportunities in New York's evolving data center landscape.
| Agenda | |||||||
| 12:00 | p.m. | – | 12:05 | p.m. | Welcome and Introduction | ||
| Luca CM Melchionna, Esq., Chair of the Business Law Section, NYSBA Chair of the Tech & Venture Law Committee, NYSBA Melchionna, PLLC, New York |
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| 12:05 | p.m. | – | 1:05 | p.m. | The Scope of Executive Order #62 on Establishing a Moratorium on Data Centers in New York State. | ||
| Panelist: | |||||||
| Kristen Gonzalez, New York State Senator Chair, Internet and Technology Committee & Elections Committee ( D, WF ). 59th Senate District |
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| Moderator: | |||||||
| Elan Silver Senior Legislative Counsel and Committees Director New York State Senate |
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| 1.0 Credit in Areas of Professional Practice | |||||||
| 1:05 | p.m. | – | 1:10 | p.m. | Closing | ||
- November 12, 2026
- 12:00 PM
- 1:10 PM
- 1.0
- 1.0
- Virtual Participation
- Webinar
- 0RE61
- Business Law Section
- Technology and Venture Law Committee
- Environmental & Energy Law Section
- Committee on Continuing Legal Education

