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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2026	print number 9144a
May 12, 2026	amend (t) and recommit to environmental conservation
Feb 06, 2026	referred to environmental conservation

Bill Amendments

Original

A (Active)

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2025-S9144 - 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 - 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; clarifies that certain provisions are applicable to the Long Island power authority.

2025-S9144 - Sponsor Memo

                                 
BILL NUMBER: S9144

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill imposes a moratorium lasting a minimum of three years and
ninety days on the issuance of permits for new data centers. During the
moratorium, the bill requires the Department of Environmental Conserva-
tion to issue a generic environmental impact statement on data centers,
as well as any new or amended regulations it deems necessary to minimize
those impacts. It also requires the Public Service Commission to issue a
report on rate impacts of data centers, and any new orders it deems
necessary to ensure those impacts are not borne by other residential,
commercial, or industrial ratepayers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1:  Legislative Findings

Section 2: Amends the Environmental Conservation Law by creating a new
Article 31.

31-0101: Definitions

31-0103: Imposes a moratorium on the issuance of new permits for the
siting, construction, or commencement of operation of a data center.
The moratorium j will expire ninety days after the Department of Envi-
ronmental Conservation and the Public Service Commission have completed
all actions required by the bill.

31-0105: Requires the Department of Environmental Conservation to issue
a final generic environmental impact statement on data centers no sooner
than 18 months after the bill becomes law.

31-0107: Requires the Department of Environmental Conservation to issue
any new or updated regulations necessary to mitigate the environmental
impact of data centers no sooner than three years after the bill becomes
law.

Section 3: Amends the Public Service Law by adding a new section 66-x.
Requires the Public Service Commission to issue a report on the impact
of data centers on electric and gas rates for residential, commercial,
and industrial users, no later than 18 months after the bill becomes
law.  Also requires the Commission, no sooner than three years after the
bill becomes law, to issue any additional orders necessary to minimize
the impact of new data centers on electricity and gas rates for residen-
tial, commercial, and industrial users, and to ensure that all costs
associated with providing and maintaining electric and gas service to
new data centers shall be borne by the data center.

Section 5: Effective date.

 
JUSTIFICATION:
The rapid growth of data centers around the country, including in New
York State, is driving up electricity rates, putting a strain on the
electric grid, increasing fossil fuel consumption, and making it more
difficult to achieve clean energy targets.

A Bloomberg analysis of wholesale electricity prices found that 70% of
locations with year-on-year price increases were within 50 miles of
significant data center activity. Nationally, household electricity
rates increased 13% in 2025, largely driven by the development of data
centers.

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. Data center electricity usage in New York has
been projected to increase by more than 9,000 MW, which is approximately
double the electricity use of all New York households combined.

Data centers disproportionately use fossil fuels rather than renewable
energy, with 56% of the electricity used to power data centers coming
from fossil fuels, with the result that data centers have an average
carbon footprint that is 48% higher than the US grid as a whole. 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.

A tripling of data centers nationwide would require the equivalent water
usage of 18.5 million households just for cooling the servers.  Data
centers convert agricultural and other non-industrial land to industrial
usage, removing farmland, woodland, and other resources while driving up
land values and property taxes. The computing hardware used to run arti-
ficial intelligence (AI), including microchips and processing, memory,
and storage components has a lifespan of 2-5 years and is regularly
replaced with updated versions. As a result, the current AI boom will be
responsible for generating up to 5 million tons of e-waste annually by
2030.

This bill would address these issues by pausing the creation of new data
centers in New York for 3 years, during which time the Department of
Environmental Conservation and the Public Service Commission would be
required to issue reports and regulations to minimize the impact of data
centers on the environment and energy costs. Pausing new data centers
will allow New York State to avoid the worst impacts of the current AI
bubble and the intense development pressure around new data centers,
including the massive costs of building out the associated energy
infrastructure. It will also give the Legislature and Executive agencies
time to select and implement appropriate policies to address the nega-
tive impacts of data center development.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill is effective immediately.

2025-S9144 - 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.

                                                            LBD14606-03-6
 S. 9144                             2
 
 miles  of  significant data center activity. Nationally, household elec-
 tricity rates increased 13 percent in 2025, largely driven by the devel-
 opment of data centers.
   8.  A tripling of data centers nationwide would require the equivalent
 water usage of 18.5 million households just for cooling the servers.
   9. Data centers convert agricultural and other non-industrial land  to
 industrial usage, removing farmland, woodland, and other resources while
 driving up land values and property taxes.
   10.  The  computing hardware used to run artificial intelligence (AI),
 including microchips and processing, memory, and storage components  has
 a lifespan of 2-5 years and is regularly replaced with updated versions.
 As  a  result, the current AI boom will be responsible for generating up
 to 5 million tons of e-waste annually by 2030.
   § 2. The environmental conservation law is amended  by  adding  a  new
 article 31 to read as follows:
                                ARTICLE 31
                 MORATORIUM ON DATA CENTER PERMIT ISSUANCE
 SECTION 31-0101. DEFINITIONS.
         31-0103. MORATORIUM ON DATA CENTER PERMIT ISSUANCE.
         31-0105. GENERIC ENVIRONMENTAL IMPACT STATEMENT.
         31-0107. ISSUANCE OF REGULATIONS.
 § 31-0101. DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "DATA CENTER" SHALL  MEAN  ALL  BUILDINGS,  EQUIPMENT,  STRUCTURES,
 INFRASTRUCTURE WITHIN AN EXISTING STRUCTURE, AND OTHER STATIONARY ITEMS,
 SUCH  AS  SERVER  RACKS, THAT ARE LOCATED ON A SINGLE SITE OR ON CONTIG-
 UOUS, ADJACENT, OR OTHERWISE CONNECTED SITES,  AND  THAT  ARE  OWNED  OR
 OPERATED BY THE SAME ENTITY OR BY ANY ENTITY WHO CONTROLS, IS CONTROLLED
 BY, OR IS UNDER COMMON CONTROL BY SUCH ENTITY, REGARDLESS OF WHETHER THE
 DATA  CENTER  IS  A SINGLE-OCCUPANT SITE OR MULTI-OCCUPANT SITE, THAT IS
 CAPABLE OF USING TWENTY MEGAWATTS OF ELECTRICITY OR MORE AND IS DESIGNED
 OR INTENDED TO BE PRIMARILY ENGAGED IN DATA  PROCESSING,  DATA  STORAGE,
 DATA  TRANSPORT,  WEB  HOSTING, WEB STREAMING SUPPORT, OR OTHER SERVICES
 DESCRIBED UNDER CODE 518210 OF THE 2022 NORTH AMERICAN INDUSTRY  CLASSI-
 FICATION SYSTEM.
   2.  "CONTROL"  (INCLUDING  THE TERMS "CONTROLLED BY" AND "UNDER COMMON
 CONTROL WITH") MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF AN ENTI-
 TY, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT,  OR
 OTHERWISE.
   3.  "ELECTRIC  CORPORATION"  SHALL HAVE THE SAME MEANING GIVEN TO SUCH
 TERM IN SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   4. "GAS CORPORATION" SHALL HAVE THE SAME MEANING GIVEN TO SUCH TERM IN
 SUBDIVISION ELEVEN OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   5. "WATER-WORKS CORPORATION" SHALL HAVE THE SAME MEANING GIVEN TO SUCH
 TERM IN SUBDIVISION TWENTY-SEVEN OF SECTION TWO OF  THE  PUBLIC  SERVICE
 LAW.
 § 31-0103. MORATORIUM ON DATA CENTER PERMIT ISSUANCE.
   NO  NEW  PERMITS OF ANY KIND MAY BE ISSUED BY THE STATE OR ANY GOVERN-
 MENTAL AGENCY OR POLITICAL SUBDIVISION OR PUBLIC BENEFIT CORPORATION  OF
 THE STATE, FOR THE SITING, CONSTRUCTION, OR COMMENCEMENT OF OPERATION OF
 A  DATA  CENTER  PRIOR  TO  NINETY  DAYS AFTER THE DEPARTMENT SHALL HAVE
 ISSUED REGULATIONS PURSUANT TO SECTION 31-0107 OF THIS ARTICLE  AND  THE
 PUBLIC SERVICE COMMISSION SHALL HAVE TAKEN ALL ACTIONS REQUIRED PURSUANT
 TO SECTION SIXTY-SIX-X OF THE PUBLIC SERVICE LAW.
 S. 9144                             3
 
 § 31-0105. GENERIC ENVIRONMENTAL IMPACT STATEMENT.
   1.  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE DEPARTMENT OF PUBLIC
 SERVICE  AND  THE  FEDERALLY  DESIGNATED  BULK  SYSTEM  OPERATOR,  SHALL
 PREPARE,  PURSUANT  TO ARTICLE EIGHT OF THIS CHAPTER, A GENERIC ENVIRON-
 MENTAL IMPACT STATEMENT ON DATA CENTER DEVELOPMENT IN THIS STATE.
   2. THE GENERIC ENVIRONMENTAL IMPACT STATEMENT SHALL CONSIST OF A STUDY
 OF, AND  RECOMMENDED  REGULATORY  OR  LEGISLATIVE  ACTION  RELATING  TO,
 MATTERS INCLUDING, BUT NOT LIMITED TO:
   A.  THE  NUMBER, SIZE IN ACREAGE, CURRENT AND MAXIMUM GW CAPACITY, AND
 LOCATION OF CURRENT DATA CENTERS IN THE STATE, ACTIVE PROPOSALS FOR  NEW
 DATA CENTERS, AND PROJECTIONS FOR FUTURE GROWTH OF DATA CENTERS.
   B. ELECTRICITY CONSUMPTION BY DATA CENTERS, INCLUDING:
   I. THE AMOUNT OF ELECTRICITY USED BY DATA CENTERS WITHIN THE STATE;
   II.  IDENTIFICATION  OF  THE  GENERATION SOURCES FOR SUCH ELECTRICITY,
 INCLUDING THE SHARE THAT COMES  FROM  FOSSIL  FUEL  GENERATION,  NUCLEAR
 GENERATION,  RENEWABLE  ENERGY  SYSTEMS  AS  DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC  SERVICE  LAW,  AND
 GENERATION IMPORTED FROM OUTSIDE OF THE STATE;
   III.  THE IMPACT OF DATA CENTER DEVELOPMENT ON MONTHLY ELECTRICITY AND
 GAS RATES FOR RESIDENTIAL CONSUMERS, COMMERCIAL  CONSUMERS,  AND  INDUS-
 TRIAL  CONSUMERS, BROKEN DOWN BY RATE CLASS AND TYPE, AS WELL AS PROJEC-
 TIONS FOR THE CHANGES  TO  THESE  AMOUNTS  FOR  BOTH  THE  PROPOSED  AND
 PROJECTED GROWTH OF DATA CENTERS IN THE STATE;
   IV.  THE IMPACT OF DATA CENTER DEVELOPMENT ON THE BULK SYSTEM OPERATOR
 INTERCONNECTION QUEUE;
   V. THE IMPACT OF DATA CENTER DEVELOPMENT ON TRANSMISSION  DEVELOPMENT,
 TRANSMISSION  CONSTRAINTS, AND OTHER ISSUES RELATING TO GRID RELIABILITY
 THROUGHOUT ALL LOAD ZONES IDENTIFIED BY THE BULK SYSTEM OPERATOR; AND
   VI. HOW DATA CENTER DEVELOPMENT HAS IMPACTED CAPITAL PLANNING,  SPEND-
 ING  AND  MAINTENANCE  NEEDS  FOR  ELECTRIC  CORPORATIONS AND GAS CORPO-
 RATIONS.
   C. WATER CONSUMPTION AND DISCHARGE BY DATA CENTERS, INCLUDING:
   I. THE AMOUNT OF WATER USED BY DATA CENTERS FOR COOLING, INCLUDING THE
 SOURCES OF SUCH WATER;
   II. THE DAILY RATE OF CONSUMPTION OF WATER FROM SUCH SOURCES;
   III. THE AMOUNT OF WATER DISCHARGED FROM DATA CENTERS  BACK  INTO  THE
 STATE'S WATER RESOURCES;
   IV.  THE  AMOUNT  OF WATER CONSUMED BY COOLING SYSTEMS, LOST TO EVAPO-
 RATION, OR IN ANYWAY NOT RETURNED TO THE WATERS OF THE STATE;
   V. PROJECTIONS FOR THE CHANGES TO THESE AMOUNTS FOR BOTH THE  PROPOSED
 AND PROJECTED GROWTH OF DATA CENTERS IN THE STATE;
   VI. THE IMPACT OF DATA CENTER DEVELOPMENT ON WATER-WORKS CORPORATIONS'
 CAPITAL PLANNING, SPENDING, AND MAINTENANCE NEEDS; AND
   VII.  THE IMPACT OF DATA CENTER DEVELOPMENT ON MONTHLY WATER RATES FOR
 RESIDENTIAL CONSUMERS, COMMERCIAL CONSUMERS, AND  INDUSTRIAL  CONSUMERS,
 BROKEN  DOWN  BY  RATE  CLASS  AND  TYPE, AS WELL AS PROJECTIONS FOR THE
 CHANGES TO THESE AMOUNTS FOR BOTH THE PROPOSED AND PROJECTED  GROWTH  OF
 DATA CENTERS IN THE STATE.
   D. LAND USE FOR DATA CENTERS, INCLUDING:
   I. THE TOTAL ACREAGE USED FOR EXISTING DATA CENTERS;
   II.  THE  TYPES  AND  AMOUNT OF LAND THAT HAVE BEEN REZONED FROM OTHER
 ZONING CATEGORIES FOR USE BY DATA CENTERS;
   III. THE IMPACT ON LAND VALUES AND PROPERTY TAXES  WITHIN  A  TEN-MILE
 RADIUS OF A DATA CENTER;
   IV. PROJECTIONS FOR THE CHANGES TO THESE AMOUNTS FOR BOTH THE PROPOSED
 AND PROJECTED GROWTH OF DATA CENTERS IN THE STATE; AND
 S. 9144                             4

   V.  IMPACTS  ON  FARMLAND,  INCLUDING  AN ANALYSIS OF IMPACTS ON PRIME
 FARMLAND MINERAL SOIL TYPES 1-4.
   E. POLLUTION FROM DATA CENTERS, INCLUDING:
   I. THE AMOUNT OF GREENHOUSE GASES EMITTED BY EACH EXISTING DATA CENTER
 AND  THE  CUMULATIVE  TOTAL FOR THE STATE EMITTED BY EXISTING, PROPOSED,
 AND PROJECTED DATA CENTERS, EXPRESSED IN METRIC TONS OF  CARBON  DIOXIDE
 EQUIVALENT, AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER;
   II.  THE  TYPES  AND  QUANTITY  OF AIR POLLUTANTS EMITTED BY EACH DATA
 CENTER AND THE CUMULATIVE TOTAL  FOR  THE  STATE  EMITTED  BY  EXISTING,
 PROPOSED, AND PROJECTED DATA CENTERS; AND
   III.  THE  TYPES AND QUANTITY OF WATER POLLUTION PRODUCED BY EACH DATA
 CENTER, INCLUDING THERMAL POLLUTION FROM WATER DISCHARGES, AND THE CUMU-
 LATIVE TOTAL FOR THE STATE PRODUCED BY EXISTING, PROPOSED, AND PROJECTED
 DATA CENTERS; AND
   IV. THE LEVEL OF NOISE POLLUTION PRODUCED BY EACH  DATA  CENTER,  WITH
 PROJECTIONS  FOR  PROPOSED AND PROJECTED DATA CENTERS, AT REGULAR INTER-
 VALS BEGINNING AT THE PROPERTY LINE OF THE  DATA  CENTER  AND  EXTENDING
 HALF A MILE.
   F. ELECTRONIC WASTE FROM DATA CENTERS, INCLUDING:
   I. THE CURRENT VOLUME OF ELECTRONIC WASTE PRODUCED BY DATA CENTERS, BY
 WASTE TYPE;
   II. THE CURRENT METHODS BEING USED TO DISPOSE OF OR RECYCLE ELECTRONIC
 WASTE PRODUCED BY DATA CENTERS;
   III.  PROJECTIONS  FOR  THE  CHANGES  TO  THESE  AMOUNTS  FOR BOTH THE
 PROPOSED AND PROJECTED GROWTH OF DATA CENTERS IN THE STATE.
   G. A REVIEW OF CURRENT STATUTES AND REGULATIONS ADDRESSING  THE  ENVI-
 RONMENTAL IMPACT OF DATA CENTERS.
   3.  PROJECTIONS  OF  FUTURE DATA CENTER GROWTH WITHIN THE STATE MAY BE
 BASED SOLELY ON DATA AVAILABLE AS OF THE  DATE  ON  WHICH  THIS  SECTION
 SHALL  TAKE EFFECT, AND THE DEPARTMENT MAY CHOOSE TO ACCOUNT FOR ONGOING
 CHANGES AND UNCERTAINTY IN GROWTH PROJECTIONS.
   4. A DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT SHALL BE  POSTED  ON
 THE  DEPARTMENT'S  WEBSITE AND BE SUBJECT TO AT LEAST ONE HUNDRED TWENTY
 DAYS OF PUBLIC COMMENT FROM THE DATE  OF  ISSUANCE.  THE  DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION  SHALL CONDUCT AT LEAST ONE IN-PERSON PUBLIC
 HEARING IN EACH OF THE FOLLOWING REGIONS OF THE STATE: WESTERN NEW YORK,
 THE FINGER LAKES, THE  SOUTHERN  TIER,  CENTRAL  NEW  YORK,  THE  MOHAWK
 VALLEY, THE NORTH COUNTRY, THE CAPITAL REGION/HUDSON VALLEY, THE CITY OF
 NEW  YORK,  AND  LONG ISLAND, AS DEFINED BY THE EMPIRE STATE DEVELOPMENT
 CORPORATION, AND PROVIDE MEANINGFUL  OPPORTUNITY  FOR  COMMENT  AT  SUCH
 HEARINGS.
   5.  THE  DEPARTMENT  SHALL  ISSUE A FINAL GENERIC ENVIRONMENTAL IMPACT
 STATEMENT PURSUANT TO THIS SECTION NO SOONER THAN EIGHTEEN MONTHS  AFTER
 THIS SECTION SHALL HAVE BECOME A LAW.
 § 31-0107. ISSUANCE OF REGULATIONS.
   NO  SOONER  THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE DEPARTMENT SHALL ISSUE FINAL NEW OR UPDATED REGULATIONS TO  MITIGATE
 THE  ENVIRONMENTAL  IMPACT  OF  DATA  CENTERS. SUCH REGULATIONS SHALL BE
 INFORMED BY THE GENERIC ENVIRONMENTAL IMPACT STATEMENT  ISSUED  PURSUANT
 TO SECTION 31-0105 OF THIS ARTICLE, AND SHALL BE DESIGNED, TO THE GREAT-
 EST POSSIBLE EXTENT, TO:
   1. MINIMIZE ENERGY CONSUMPTION;
   2.  MINIMIZE EMISSION OF GREENHOUSE GASES AND PRODUCTION OF OTHER AIR,
 WATER, AND SOIL POLLUTION;
   3. MINIMIZE NOISE POLLUTION;
   4. MINIMIZE WATER CONSUMPTION;
 S. 9144                             5
 
   5. REQUIRE A MINIMUM AMOUNT OF ELECTRICITY USAGE TO BE PROVIDED BY ON-
 AND OFF-SITE RENEWABLE ENERGY SYSTEMS, AS DEFINED IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION SIXTY-P OF THE PUBLIC SERVICE LAW, AND ENERGY
 STORAGE.
   § 3. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. DATA CENTER RATE IMPACTS. 1. (A) NO LATER THAN EIGHTEEN MONTHS
 AFTER THIS SECTION SHALL HAVE BECOME A LAW, THE COMMISSION SHALL ISSUE A
 FINAL REPORT ON DATA CENTERS, AS DEFINED IN SECTION 31-0101 OF THE ENVI-
 RONMENTAL CONSERVATION LAW, INCLUDING:
   (I)  THE IMPACT OF DATA CENTERS ON ELECTRICITY AND GAS RATES FOR RESI-
 DENTIAL, COMMERCIAL, AND INDUSTRIAL USERS;
   (II) HOW DATA CENTER OPERATORS CAN MINIMIZE THE IMPACT OF DATA CENTERS
 ON ELECTRICITY AND GAS RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL
 USERS WITHOUT ADDITIONAL GOVERNMENT SPENDING;
   (III) A REVIEW OF CURRENT STATUTES AND REGULATIONS DESIGNED  TO  MINI-
 MIZE  THE  IMPACT OF DATA CENTERS ON ELECTRICITY AND GAS RATES FOR RESI-
 DENTIAL, COMMERCIAL, AND INDUSTRIAL USERS; AND
   (IV) AN EVALUATION OF ACTIONS THE COMMISSION CAN TAKE TO MINIMIZE  THE
 IMPACT  OF  DATA  CENTERS  ON ELECTRICITY AND GAS RATES FOR RESIDENTIAL,
 COMMERCIAL, AND INDUSTRIAL USERS, INCLUDING, BUT  NOT  LIMITED  TO,  THE
 CREATION OF A NEW CUSTOMER CLASSIFICATION FOR DATA CENTERS.
   (B)  A  DRAFT  REPORT  SHALL  BE ISSUED PRIOR TO THE COMPLETION OF THE
 FINAL REPORT, WITH SUCH DRAFT REPORT SUBJECT TO  AT  LEAST  ONE  HUNDRED
 TWENTY  DAYS  OF  PUBLIC  COMMENT  FROM  THE DATE OF ISSUANCE. THE FINAL
 REPORT SHALL TAKE  INTO  CONSIDERATION  FEEDBACK  SUBMITTED  DURING  THE
 PUBLIC COMMENT PERIOD.
   2. NO SOONER THAN THREE YEARS AFTER THE ENACTMENT OF THIS SECTION, THE
 COMMISSION  SHALL  ISSUE ANY ADDITIONAL ORDERS NECESSARY TO MINIMIZE, TO
 THE GREATEST POSSIBLE EXTENT, THE IMPACT OF DATA CENTERS, AS DEFINED  IN
 SECTION  31-0101  OF  THE ENVIRONMENTAL CONSERVATION LAW, ON ELECTRICITY
 AND GAS RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USERS, AND  TO
 ENSURE THAT ALL COSTS ASSOCIATED WITH PROVIDING AND MAINTAINING ELECTRIC
 AND GAS SERVICE TO DATA CENTERS, INCLUDING, BUT NOT LIMITED TO, REQUIRE-
 MENTS FOR ANY NEW ELECTRICITY GENERATION, TRANSMISSION, AND DISTRIBUTION
 INFRASTRUCTURE, COSTS ASSOCIATED WITH INCREASES IN ELECTRICITY WHOLESALE
 SUPPLY  AND  CAPACITY MARKET PRICES, PEAK AND NON-PEAK DEMAND IMPACTS ON
 GENERATION SOURCES AND  GENERATION  CAPACITY  NEEDS,  AND  INCREASES  IN
 NATURAL  GAS  AND  OIL  COMMODITY  PRICES,  SHALL  BE BORNE BY SUCH DATA
 CENTER. IN DEVELOPING SUCH NEW ORDER OR ORDERS, THE COMMISSION SHALL  BE
 INFORMED  BY  THE GENERIC ENVIRONMENTAL IMPACT STATEMENT ISSUED PURSUANT
 TO SECTION 31-0105 OF THE ENVIRONMENTAL CONSERVATION LAW AS WELL AS  THE
 REPORT ISSUED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law, and shall apply to all permits pending or filed after
 such effective date.

co-Sponsors

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2025-S9144A (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-S9144A (ACTIVE) - Summary

2025-S9144A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9144A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
imposing a moratorium on data center permit issuance; to amend the
public service law, in relation to data center rate impacts; and to
amend the public authorities law, in relation to applicability of
certain provisions to the Long Island power authority

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill imposes a moratorium lasting a minimum of three years and
ninety days on the issuance of permits for new data centers. During the
moratorium, the bill requires the Department of Environmental Conserva-
tion to issue an environmental impact report on data centers, as well as
any new or amended regulations it deems necessary to minimize those
impacts. It also requires the Public Service Commission to issue a
report on rate impacts of data centers, and any new orders it deems
necessary to ensure those impacts are not borne by other residential,
commercial, or industrial ratepayers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1:  Legislative Findings

Section 2: Amends the Environmental Conservation Law by creating a new
Article 31.

31-0101: Definitions

31-0103: Imposes a moratorium on the issuance of new permits for the
siting, construction, or commencement of operation of a data center.
The moratorium will expire ninety days after the Department of Environ-
mental Conservation and the Public Service Commission have completed all
actions required by the bill. The moratorium does not apply to any
previously issued permits or those up for renewal.

31-0105: Requires the Department of Environmental Conservation to issue
a final environmental impact report on data centers no sooner than 18
months after the bill becomes law.

31-0107: Requires the Department of Environmental Conservation to issue
any new or updated regulations necessary to mitigate the environmental
impact of data centers no sooner than three years after the bill becomes
law.

Section 3: Amends the Public Service Law by adding a new section 66-x.
Requires the Public Service Commission to issue a report on the impact
of data centers on electric and gas rates for residential, commercial,
and industrial users, no later than 18 months after the bill becomes
law. Also requires the Commission, no sooner than three years after the
bill becomes law, to issue any additional orders necessary to minimize
the impact of new data centers on electricity and gas rates for residen-
tial, commercial, and industrial users, and to ensure that all costs
associated with providing and maintaining electric and gas service to
new data centers shall be borne by the data center.

Section 4: Applies new PSL section 66-x to the New York Power Authority.

Section 5: Applies new PSL section 66-x to the Long Island Power Author-
ity.

Section 6: Effective date.

 
JUSTIFICATION:

The rapid growth of data centers around the country, including in New
York State, is driving up electricity rates, putting a strain on the
electric grid, increasing fossil fuel consumption, and making it more
difficult to achieve clean energy targets.

A Bloomberg analysis of wholesale electricity prices found that 70% of
locations with year-on-year price increases were within 50 miles of
significant data center activity. Nationally, household electricity
rates increased 13% in 2025, largely driven by the development of data
centers.

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. Data center electricity usage in New York has
been projected to increase by more than 9,000 MW, which is approximately
double the electricity use of all New York households combined.

Data centers disproportionately use fossil fuels rather than renewable
energy, with 56% of the electricity used to power data centers coming
from fossil fuels, with the result that data centers have an average
carbon footprint that is 48% higher than the US grid as a whole. 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.

A tripling of data centers nationwide would require the equivalent water
usage of 18.5 million households just for cooling the servers.  Data
centers convert agricultural and other non-industrial land to industrial
usage, removing farmland, woodland, and other resources while driving up
land values and property taxes. The computing hardware used to run arti-
ficial intelligence (AI), including microchips and processing, memory,
and storage components has a lifespan of 2-5 years and is regularly
replaced with updated versions. As a result, the current AI boom will be
responsible for generating up to 5 million tons of e-waste annually by
2030.

This bill would address these issues by pausing the creation of new data
centers in New York for 3 years, during which time the Department of
Environmental Conservation and the Public Service Commission would be
required to issue reports and regulations to minimize the impact cf data
centers on the environment and energy costs. Pausing new data centers
will allow New York State to avoid the worst impacts of the current AI
bubble and the intense development pressure around new data centers,
including the massive costs of building out the associated energy
infrastructure. It will also give the Legislature and Executive agencies
time to select and implement appropriate policies to address the nega-
tive impacts of data center development.
 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill is effective immediately.

2025-S9144A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9144--A
 
                             I N  S E N A T E
 
                             February 6, 2026
                                ___________
 
 Introduced by Sens. KRUEGER, GONZALEZ, ADDABBO, BASKIN, BRISPORT, BROUK,
   CLEARE,  COMRIE,  FERNANDEZ,  HINCHEY,  KAVANAGH,  MAY, MYRIE, RIVERA,
   SALAZAR, SERRANO, WEBB -- read twice and  ordered  printed,  and  when
   printed to be committed to the Committee on Environmental Conservation
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   imposing  a  moratorium  on  data center permit issuance; to amend the
   public service law, in relation to data center rate  impacts;  and  to
   amend  the  public  authorities  law,  in relation to applicability of
   certain provisions to the Long Island power authority
 
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14606-04-6

 S. 9144--A                          2
 
 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
 miles of significant data center activity. Nationally,  household  elec-
 tricity rates increased 13 percent in 2025, largely driven by the devel-
 opment of data centers.
   8.  A tripling of data centers nationwide would require the equivalent
 water usage of 18.5 million households just for cooling the servers.
   9. Data centers convert agricultural and other non-industrial land  to
 industrial usage, removing farmland, woodland, and other resources while
 driving up land values and property taxes.
   10.  The  computing hardware used to run artificial intelligence (AI),
 including microchips and processing, memory, and storage components  has
 a lifespan of 2-5 years and is regularly replaced with updated versions.
 As  a  result, the current AI boom will be responsible for generating up
 to 5 million tons of e-waste annually by 2030.
   § 2. The environmental conservation law is amended  by  adding  a  new
 article 31 to read as follows:
                                ARTICLE 31
                 MORATORIUM ON DATA CENTER PERMIT ISSUANCE
 SECTION 31-0101. DEFINITIONS.
         31-0103. MORATORIUM ON DATA CENTER PERMIT ISSUANCE.
         31-0105. ENVIRONMENTAL IMPACT REPORT.
         31-0107. PROMULGATION OF REGULATIONS.
 § 31-0101. DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "DATA CENTER" SHALL  MEAN  ALL  BUILDINGS,  EQUIPMENT,  STRUCTURES,
 INFRASTRUCTURE WITHIN AN EXISTING STRUCTURE, AND OTHER STATIONARY ITEMS,
 SUCH  AS  SERVER  RACKS, THAT ARE LOCATED ON A SINGLE SITE OR ON CONTIG-
 UOUS, ADJACENT, OR OTHERWISE CONNECTED SITES,  AND  THAT  ARE  OWNED  OR
 OPERATED BY THE SAME ENTITY OR BY ANY ENTITY WHO CONTROLS, IS CONTROLLED
 BY, OR IS UNDER COMMON CONTROL BY SUCH ENTITY, REGARDLESS OF WHETHER THE
 DATA  CENTER  IS  A SINGLE-OCCUPANT SITE OR MULTI-OCCUPANT SITE, THAT IS
 CAPABLE OF USING TWENTY MEGAWATTS OF ELECTRICITY OR MORE AND IS DESIGNED
 OR INTENDED TO BE PRIMARILY ENGAGED IN DATA  PROCESSING,  DATA  STORAGE,
 DATA  TRANSPORT,  WEB  HOSTING, WEB STREAMING SUPPORT, OR OTHER SERVICES
 DESCRIBED UNDER CODE 518210 OF THE 2022 NORTH AMERICAN INDUSTRY  CLASSI-
 FICATION SYSTEM.
   2.  "CONTROL"  (INCLUDING  THE TERMS "CONTROLLED BY" AND "UNDER COMMON
 CONTROL WITH") MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF AN ENTI-
 TY, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT,  OR
 OTHERWISE.
   3.  "ELECTRIC  CORPORATION"  SHALL HAVE THE SAME MEANING GIVEN TO SUCH
 TERM IN SUBDIVISION THIRTEEN OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   4. "GAS CORPORATION" SHALL HAVE THE SAME MEANING GIVEN TO SUCH TERM IN
 SUBDIVISION ELEVEN OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   5. "WATER-WORKS CORPORATION" SHALL HAVE THE SAME MEANING GIVEN TO SUCH
 TERM IN SUBDIVISION TWENTY-SEVEN OF SECTION TWO OF  THE  PUBLIC  SERVICE
 LAW.
   6.  "DISADVANTAGED  COMMUNITIES"  SHALL HAVE THE SAME MEANING GIVEN TO
 SUCH TERM IN SECTION 75-0101 OF THIS CHAPTER.
 S. 9144--A                          3
 
 § 31-0103. MORATORIUM ON DATA CENTER PERMIT ISSUANCE.
   NO  PERMIT,  CERTIFICATE,  LICENSE,  OR  OTHER FORM OF APPROVAL MAY BE
 ISSUED BY THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL  SUBDIVISION
 OR   PUBLIC   BENEFIT   CORPORATION   OF  THE  STATE,  FOR  THE  SITING,
 CONSTRUCTION, OR COMMENCEMENT OF OPERATION OF A  DATA  CENTER  PRIOR  TO
 NINETY  DAYS AFTER THE DEPARTMENT SHALL HAVE ISSUED REGULATIONS PURSUANT
 TO SECTION 31-0107 OF THIS ARTICLE AND  THE  PUBLIC  SERVICE  COMMISSION
 SHALL HAVE TAKEN ALL ACTIONS REQUIRED PURSUANT TO SECTION SIXTY-SIX-X OF
 THE  PUBLIC  SERVICE LAW.  THIS SECTION SHALL NOT APPLY TO THE MODIFICA-
 TION, RENEWAL, REISSUANCE, OR RECERTIFICATION OF ANY  PREVIOUSLY  ISSUED
 PERMIT, CERTIFICATE, LICENSE, OR OTHER FORM OF APPROVAL.
 § 31-0105. ENVIRONMENTAL IMPACT REPORT.
   1.  THE  DEPARTMENT,  AFTER  CONSULTING  WITH THE DEPARTMENT OF PUBLIC
 SERVICE, DEPARTMENT OF HEALTH, AND THE FEDERALLY DESIGNATED BULK  SYSTEM
 OPERATOR,  SHALL  PREPARE  AN ENVIRONMENTAL IMPACT REPORT ON DATA CENTER
 DEVELOPMENT IN THIS STATE.
   2. THE ENVIRONMENTAL IMPACT REPORT SHALL CONSIST OF A  STUDY  OF,  AND
 RECOMMENDED  REGULATORY  AND/OR  LEGISLATIVE ACTION RELATING TO, MATTERS
 INCLUDING, BUT NOT LIMITED TO:
   A. THE NUMBER, SIZE IN ACREAGE, CURRENT AND MAXIMUM GW  CAPACITY,  AND
 LOCATION  OF CURRENT DATA CENTERS IN THE STATE, ACTIVE PROPOSALS FOR NEW
 DATA CENTERS, AND PROJECTIONS FOR FUTURE GROWTH OF DATA CENTERS.
   B. ELECTRICITY CONSUMPTION BY DATA CENTERS, INCLUDING:
   I. THE AMOUNT OF ELECTRICITY USED BY DATA CENTERS WITHIN THE STATE;
   II. IDENTIFICATION OF THE GENERATION  SOURCES  FOR  SUCH  ELECTRICITY,
 INCLUDING  THE  SHARE  THAT  COMES  FROM FOSSIL FUEL GENERATION, NUCLEAR
 GENERATION, RENEWABLE ENERGY SYSTEMS AS  DEFINED  IN  PARAGRAPH  (B)  OF
 SUBDIVISION  ONE  OF  SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, AND
 GENERATION IMPORTED FROM OUTSIDE OF THE STATE;
   III. THE IMPACT OF DATA CENTER DEVELOPMENT ON MONTHLY ELECTRICITY  AND
 GAS  RATES  FOR  RESIDENTIAL CONSUMERS, COMMERCIAL CONSUMERS, AND INDUS-
 TRIAL CONSUMERS, BROKEN DOWN BY RATE CLASS AND TYPE, AS WELL AS  PROJEC-
 TIONS  FOR  THE  CHANGES  TO  THESE  AMOUNTS  FOR  BOTH THE PROPOSED AND
 PROJECTED GROWTH OF DATA CENTERS IN THE STATE;
   IV. THE IMPACT OF DATA CENTER DEVELOPMENT ON THE BULK SYSTEM  OPERATOR
 INTERCONNECTION QUEUE;
   V.  THE IMPACT OF DATA CENTER DEVELOPMENT ON TRANSMISSION DEVELOPMENT,
 TRANSMISSION CONSTRAINTS, AND OTHER ISSUES RELATING TO GRID  RELIABILITY
 THROUGHOUT ALL LOAD ZONES IDENTIFIED BY THE BULK SYSTEM OPERATOR; AND
   VI.  HOW DATA CENTER DEVELOPMENT HAS IMPACTED CAPITAL PLANNING, SPEND-
 ING AND MAINTENANCE NEEDS  FOR  ELECTRIC  CORPORATIONS  AND  GAS  CORPO-
 RATIONS,  MUNICIPAL ELECTRIC UTILITIES, AND ANY POWER AUTHORITIES ESTAB-
 LISHED UNDER ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   C. WATER CONSUMPTION AND DISCHARGE BY DATA CENTERS, INCLUDING:
   I. THE AMOUNT OF WATER USED BY DATA CENTERS FOR COOLING, INCLUDING THE
 SOURCES OF SUCH WATER;
   II. THE DAILY RATE OF CONSUMPTION OF WATER FROM SUCH SOURCES;
   III. THE AMOUNT OF WATER DISCHARGED FROM DATA CENTERS  BACK  INTO  THE
 STATE'S WATER RESOURCES;
   IV.  THE  AMOUNT  OF WATER CONSUMED BY COOLING SYSTEMS, LOST TO EVAPO-
 RATION, OR IN ANYWAY NOT RETURNED TO THE WATERS OF THE STATE;
   V. PROJECTIONS FOR THE CHANGES TO THESE AMOUNTS FOR BOTH THE  PROPOSED
 AND PROJECTED GROWTH OF DATA CENTERS IN THE STATE;
   VI.  THE IMPACT OF DATA CENTER DEVELOPMENT ON CAPITAL PLANNING, SPEND-
 ING, AND MAINTENANCE NEEDS OF WATER-WORKS CORPORATIONS AND OF ANY  WATER
 S. 9144--A                          4
 
 AUTHORITIES,  WATER BOARDS, OR SEWER AUTHORITIES ESTABLISHED UNDER ARTI-
 CLE FIVE OF THE PUBLIC AUTHORITIES LAW; AND
   VII.  THE IMPACT OF DATA CENTER DEVELOPMENT ON MONTHLY WATER RATES FOR
 RESIDENTIAL CONSUMERS, COMMERCIAL CONSUMERS, AND  INDUSTRIAL  CONSUMERS,
 BROKEN  DOWN  BY  RATE  CLASS  AND  TYPE, AS WELL AS PROJECTIONS FOR THE
 CHANGES TO THESE AMOUNTS FOR BOTH THE PROPOSED AND PROJECTED  GROWTH  OF
 DATA CENTERS IN THE STATE.
   D. LAND USE FOR DATA CENTERS, INCLUDING:
   I. THE TOTAL ACREAGE USED FOR EXISTING DATA CENTERS;
   II.  THE  TYPES  AND  AMOUNT OF LAND THAT HAVE BEEN REZONED FROM OTHER
 ZONING CATEGORIES FOR USE BY DATA CENTERS;
   III. THE IMPACT ON LAND VALUES AND PROPERTY TAXES  WITHIN  A  TEN-MILE
 RADIUS OF A DATA CENTER;
   IV. PROJECTIONS FOR THE CHANGES TO THESE AMOUNTS FOR BOTH THE PROPOSED
 AND PROJECTED GROWTH OF DATA CENTERS IN THE STATE; AND
   V.  IMPACTS  ON  FARMLAND,  INCLUDING  AN ANALYSIS OF IMPACTS ON PRIME
 FARMLAND MINERAL SOIL TYPES 1-4.
   E. POLLUTION FROM DATA CENTERS, INCLUDING, BUT NOT LIMITED TO:
   I. THE AMOUNT OF GREENHOUSE GASES EMITTED BY EACH EXISTING DATA CENTER
 AND THE CUMULATIVE TOTAL FOR THE STATE EMITTED  BY  EXISTING,  PROPOSED,
 AND  PROJECTED  DATA CENTERS, EXPRESSED IN METRIC TONS OF CARBON DIOXIDE
 EQUIVALENT, AS DEFINED IN SECTION 75-0101 OF THIS CHAPTER;
   II. THE TYPES AND QUANTITY OF AIR  POLLUTANTS  EMITTED  BY  EACH  DATA
 CENTER  AND  THE  CUMULATIVE  TOTAL  FOR  THE STATE EMITTED BY EXISTING,
 PROPOSED, AND PROJECTED DATA CENTERS;
   III. THE TYPES AND QUANTITY OF WATER POLLUTION PRODUCED BY  EACH  DATA
 CENTER, INCLUDING THERMAL POLLUTION FROM WATER DISCHARGES, AND THE CUMU-
 LATIVE TOTAL FOR THE STATE PRODUCED BY EXISTING, PROPOSED, AND PROJECTED
 DATA CENTERS; AND
   IV.  THE  LEVEL  OF NOISE POLLUTION PRODUCED BY EACH DATA CENTER, WITH
 PROJECTIONS FOR PROPOSED AND PROJECTED DATA CENTERS, AT  REGULAR  INTER-
 VALS  BEGINNING  AT  THE  PROPERTY LINE OF THE DATA CENTER AND EXTENDING
 HALF A MILE.
   F. ELECTRONIC WASTE FROM DATA CENTERS, INCLUDING:
   I. THE CURRENT VOLUME OF ELECTRONIC WASTE PRODUCED BY DATA CENTERS, BY
 WASTE TYPE;
   II. THE CURRENT METHODS BEING USED TO DISPOSE OF OR RECYCLE ELECTRONIC
 WASTE PRODUCED BY DATA CENTERS; AND
   III. PROJECTIONS FOR  THE  CHANGES  TO  THESE  AMOUNTS  FOR  BOTH  THE
 PROPOSED AND PROJECTED GROWTH OF DATA CENTERS IN THE STATE.
   G.  THE  IMPACTS,  INCLUDING  HEALTH IMPACTS AND AIR, WATER, AND NOISE
 POLLUTION IMPACTS, OF CURRENT, PROPOSED, AND PROJECTED DATA  CENTERS  ON
 DISADVANTAGED  COMMUNITIES  AND FEDERALLY OR STATE RECOGNIZED INDIGENOUS
 NATIONS LOCATED WITHIN A TEN-MILE RADIUS OF SUCH DATA CENTERS.
   H. A REVIEW OF CURRENT STATUTES AND REGULATIONS ADDRESSING  THE  ENVI-
 RONMENTAL IMPACT OF DATA CENTERS.
   3.  PROJECTIONS  OF  FUTURE DATA CENTER GROWTH WITHIN THE STATE MAY BE
 BASED SOLELY ON DATA AVAILABLE AS OF THE  DATE  ON  WHICH  THIS  SECTION
 SHALL  TAKE EFFECT, AND THE DEPARTMENT MAY CHOOSE TO ACCOUNT FOR ONGOING
 CHANGES AND UNCERTAINTY IN GROWTH PROJECTIONS.
   4. A DRAFT ENVIRONMENTAL IMPACT REPORT SHALL BE POSTED ON THE  DEPART-
 MENT'S  WEBSITE  AND  BE  SUBJECT TO AT LEAST ONE HUNDRED TWENTY DAYS OF
 PUBLIC COMMENT FROM THE DATE OF ISSUANCE. THE DEPARTMENT  SHALL  CONDUCT
 AT  LEAST  ONE IN-PERSON PUBLIC HEARING IN EACH OF THE FOLLOWING REGIONS
 OF THE STATE: WESTERN NEW YORK, THE FINGER  LAKES,  THE  SOUTHERN  TIER,
 CENTRAL  NEW  YORK,  THE  MOHAWK  VALLEY, THE NORTH COUNTRY, THE CAPITAL
 S. 9144--A                          5

 REGION/HUDSON VALLEY, THE CITY OF NEW YORK, AND LONG ISLAND, AS  DEFINED
 BY  THE  EMPIRE  STATE  DEVELOPMENT  CORPORATION, AND PROVIDE MEANINGFUL
 OPPORTUNITY FOR COMMENT AT SUCH HEARINGS.
   5.  THE  DEPARTMENT  SHALL  ISSUE  A FINAL ENVIRONMENTAL IMPACT REPORT
 PURSUANT TO THIS SECTION NO  SOONER  THAN  EIGHTEEN  MONTHS  AFTER  THIS
 SECTION SHALL HAVE BECOME A LAW.
 § 31-0107. PROMULGATION OF REGULATIONS.
   AFTER  THE  COMPLETION  OF THE ENVIRONMENTAL IMPACT REPORT PURSUANT TO
 SECTION 31-0105 OF THIS ARTICLE, AND IN ANY EVENT, NO SOONER THAN  THREE
 YEARS  AFTER  THE  EFFECTIVE  DATE  OF  THIS SECTION, THE DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF
 HEALTH, SHALL PROMULGATE FINAL NEW OR UPDATED  REGULATIONS  TO  MITIGATE
 THE  ENVIRONMENTAL  IMPACTS  OF  DATA CENTERS IDENTIFIED BY THE ENVIRON-
 MENTAL IMPACT REPORT.  SUCH REGULATIONS SHALL BE ADDITIONAL TO  EXISTING
 REQUIREMENTS  PURSUANT TO THIS CHAPTER AND RULES AND REGULATIONS PROMUL-
 GATED PURSUANT THERETO, INCLUDING  BUT  NOT  LIMITED  TO  STANDARDS  AND
 PERMITTING  REQUIREMENTS  UNDER  ARTICLES SEVENTEEN AND NINETEEN OF THIS
 CHAPTER. SUCH REGULATIONS SHALL BE DESIGNED, TO  THE  GREATEST  POSSIBLE
 EXTENT, TO:
   1. MINIMIZE ENERGY CONSUMPTION;
   2.  MINIMIZE EMISSION OF GREENHOUSE GASES AND PRODUCTION OF OTHER AIR,
 WATER, AND SOIL POLLUTION;
   3. MINIMIZE NOISE POLLUTION;
   4. MINIMIZE WATER CONSUMPTION;
   5. AVOID BURDENS ON DISADVANTAGED COMMUNITIES; AND
   6. REQUIRE A MINIMUM AMOUNT OF ELECTRICITY USAGE TO BE PROVIDED BY ON-
 AND OFF-SITE RENEWABLE ENERGY SYSTEMS, AS DEFINED IN  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION SIXTY-P OF THE PUBLIC SERVICE LAW, AND ENERGY
 STORAGE.
   § 3. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. DATA CENTER RATE IMPACTS. 1. (A) NO LATER THAN EIGHTEEN MONTHS
 AFTER THIS SECTION SHALL HAVE BECOME A LAW, THE COMMISSION SHALL ISSUE A
 FINAL REPORT ON DATA CENTERS, AS DEFINED IN SECTION 31-0101 OF THE ENVI-
 RONMENTAL CONSERVATION LAW, INCLUDING:
   (I)  THE IMPACT OF DATA CENTERS ON ELECTRICITY AND GAS RATES FOR RESI-
 DENTIAL, COMMERCIAL, AND INDUSTRIAL USERS;
   (II) HOW DATA CENTER OPERATORS CAN MINIMIZE THE IMPACT OF DATA CENTERS
 ON ELECTRICITY AND GAS RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL
 USERS WITHOUT ADDITIONAL GOVERNMENT SPENDING;
   (III) A REVIEW OF CURRENT STATUTES AND REGULATIONS DESIGNED  TO  MINI-
 MIZE  THE  IMPACT OF DATA CENTERS ON ELECTRICITY AND GAS RATES FOR RESI-
 DENTIAL, COMMERCIAL, AND INDUSTRIAL USERS; AND
   (IV) AN EVALUATION OF ACTIONS THE COMMISSION CAN TAKE TO MINIMIZE  THE
 IMPACT  OF  DATA  CENTERS  ON ELECTRICITY AND GAS RATES FOR RESIDENTIAL,
 COMMERCIAL, AND INDUSTRIAL USERS, INCLUDING, BUT  NOT  LIMITED  TO,  THE
 CREATION OF A NEW CUSTOMER CLASSIFICATION FOR DATA CENTERS.
   (B)  A  DRAFT  REPORT  SHALL  BE ISSUED PRIOR TO THE COMPLETION OF THE
 FINAL REPORT, WITH SUCH DRAFT REPORT SUBJECT TO  AT  LEAST  ONE  HUNDRED
 TWENTY  DAYS  OF  PUBLIC  COMMENT  FROM  THE DATE OF ISSUANCE. THE FINAL
 REPORT SHALL TAKE  INTO  CONSIDERATION  FEEDBACK  SUBMITTED  DURING  THE
 PUBLIC COMMENT PERIOD.
   2. NO SOONER THAN THREE YEARS AFTER THE ENACTMENT OF THIS SECTION, THE
 COMMISSION  SHALL  ISSUE ANY ADDITIONAL ORDERS NECESSARY TO MINIMIZE, TO
 THE GREATEST POSSIBLE EXTENT, THE IMPACT OF DATA CENTERS, AS DEFINED  IN
 SECTION  31-0101  OF  THE ENVIRONMENTAL CONSERVATION LAW, ON ELECTRICITY
 S. 9144--A                          6

 AND GAS RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USERS, AND  TO
 ENSURE THAT ALL COSTS ASSOCIATED WITH PROVIDING AND MAINTAINING ELECTRIC
 AND GAS SERVICE TO DATA CENTERS, INCLUDING, BUT NOT LIMITED TO, REQUIRE-
 MENTS FOR ANY NEW ELECTRICITY GENERATION, TRANSMISSION, AND DISTRIBUTION
 INFRASTRUCTURE, COSTS ASSOCIATED WITH INCREASES IN ELECTRICITY WHOLESALE
 SUPPLY  AND  CAPACITY MARKET PRICES, PEAK AND NON-PEAK DEMAND IMPACTS ON
 GENERATION SOURCES AND  GENERATION  CAPACITY  NEEDS,  AND  INCREASES  IN
 NATURAL  GAS  AND  OIL  COMMODITY  PRICES,  SHALL  BE BORNE BY SUCH DATA
 CENTER. IN DEVELOPING SUCH NEW ORDER OR ORDERS, THE COMMISSION SHALL  BE
 INFORMED  BY  THE ENVIRONMENTAL IMPACT REPORT ISSUED PURSUANT TO SECTION
 31-0105 OF THE ENVIRONMENTAL CONSERVATION LAW  AS  WELL  AS  THE  REPORT
 ISSUED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   §  4.  The  public  authorities law is amended by adding a new section
 1014-a to read as follows:
   § 1014-A. SECTION SIXTY-SIX-X OF THE PUBLIC SERVICE LAW APPLICABLE  TO
 THE  AUTHORITY  AND  ITS  SUBSIDIARIES. NOTWITHSTANDING ANY PROVISION OF
 SECTION ONE THOUSAND FOURTEEN OF THIS TITLE OR ANY  OTHER  PROVISION  OF
 LAW TO THE CONTRARY, SECTION SIXTY-SIX-X OF THE PUBLIC SERVICE LAW SHALL
 APPLY TO THE AUTHORITY AND ALL ITS SUBSIDIARIES.
   § 5. Section 1020-s of the public authorities law, as amended by chap-
 ter 388 of the laws of 2011, is amended by adding a new subdivision 4 to
 read as follows:
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, SECTION ONE THOUSAND
 TWENTY-ZZ  OF  THIS TITLE OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 SECTION SIXTY-SIX-X OF THE PUBLIC SERVICE LAW APPLIES TO  THE  AUTHORITY
 AND ALL ITS SUBSIDIARIES.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law, and shall apply to all permits pending or filed after
 such effective date.

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