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Senate Bill S9144

2025-2026 Legislative Session

Imposes a moratorium on data center permit issuance; and relates to data center rate impacts

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Current Bill Status - In Senate Committee Environmental Conservation Committee

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2025-S9144 (ACTIVE) - Details

See Assembly Version of this Bill:
A10141
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 31 §§31-0101 - 31-0107, En Con L; add §66-x, Pub Serv L

2025-S9144 (ACTIVE) - Summary

Imposes a moratorium on the issuance of permits for new data centers; requires the public service commission to issue an order or orders to minimize the impact of new data centers on electricity and gas rates for residential, commercial, and industrial users.

2025-S9144 (ACTIVE) - Sponsor Memo

2025-S9144 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9144
 
                             I N  S E N A T E
 
                             February 6, 2026
                                ___________
 
 Introduced by Sens. KRUEGER, GONZALEZ -- read twice and ordered printed,
   and  when  printed  to  be committed to the Committee on Environmental
   Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   imposing a moratorium on data center permit issuance; and to amend the
   public service law, in relation to data center rate impacts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 declares the following:
   1.  It is the policy of the State of New York to conserve, improve and
 protect its natural resources and environment and to prevent, abate  and
 control  water,  land and air pollution, in order to enhance the health,
 safety and welfare of the people of the state and their overall economic
 and social well-being.
   2. The projected tripling of data centers across  the  nation  in  the
 next  five years would result in data centers consuming more electricity
 than 28 million households.
   3. Data center electricity usage in New York  has  been  projected  to
 increase  by more than 9,000 MW, which is approximately double the elec-
 tricity use of all New York households combined.
   4. 56 percent of the electricity used to power data centers comes from
 fossil fuels. Data centers disproportionately use fossil fuels, with  an
 average  carbon  intensity  that  is 48 percent higher than the national
 average.
   5. Even when data centers use renewable energy, they often capture new
 renewable generation development that would otherwise have  allowed  for
 the  closure  or  reduced  reliance on fossil fuel power plants, thereby
 resulting in continued use of fossil fuel-based energy generation beyond
 current expectations.
   6. The growth of data centers is inconsistent with New York's  climate
 commitments.
   7.  A Bloomberg analysis of wholesale electricity prices found that 70
 percent of locations with year-on-year price increases  were  within  50

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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