NY S10642/A11560 / 1-yr statewide / 20 MW threshold / pocket-veto risk
S10642/A11560 (the Responsible Data Center Development Act) cleared the New York Senate 44-16 and the Assembly 102-39 in the final hours of the 2026 session on June 4, 2026 — one-year moratorium on any new permit issuance for facilities with 20 MW+ peak demand, separate utility rate class required, statewide environmental impact study within 18 months
Plain-English framing. New York's state legislature wraps each year in early June. In that final-hour rush they passed a bill that, if Hochul signs it, freezes any state agency from issuing a permit to a 20 MW+ data center anywhere in New York for one year. 'State agency' here is broad — Department of Environmental Conservation (the air/water/wetlands permitting body), the Public Service Commission (the utility regulator that approves interconnections), and the Office of Parks/Historic Preservation if cultural-resource review applies. Local zoning approvals are not directly frozen, but most large facilities need at least one state-level sign-off, so the practical effect is a near-total pause. The bill also forces a structural rate-design change. Today large data centers in New York are billed under the same Service Classifications as other industrial loads (mostly SC-3 / SC-12). The bill instructs the PSC to create a *separate* rate class so the cost of new transmission and generation triggered by data center load can't be socialized onto residential and small-business ratepayers. That mirrors the Oregon Schedule 96 framework that went live on June 10 — same political theory, different policy instrument. What happens next procedurally. The bill was delivered to the governor's desk on the legislative session's final calendar day. Under New York's constitution, Hochul now has 10 days (excluding Sundays) from delivery to sign, veto, or let it lapse into law without signature — and after legislative session adjournment, an unsigned bill is *pocket-vetoed* (dies) rather than becoming law automatically. So the inactive option for Hochul kills the bill, not enacts it. Hochul's office said the governor will 'review' the legislation; she has not stated a position. Earthjustice, Food & Water Watch, and the labor-environmental coalition are publicly pressuring for signature. The data center industry and IBEW Local 3 (NYC's electrical workers union) are publicly opposing.
Data Center Dynamics / Earthjustice / Spectrum News ↗
Why it matters
First-in-nation status is the load-bearing piece for Cliff. Every state legislature looking at a moratorium bill — California, Virginia, Georgia, Texas, Washington, Illinois — will use New York as the template if Hochul signs. The bill's specific architecture (20 MW trigger, separate rate class, statewide EIR) is the more copy-able piece than the moratorium itself, because the rate-class mandate survives even if the moratorium lapses after one year. For Cliff's siting tool, every NY site over 20 MW now has to be flagged as 'state-permit dependent on Hochul decision'; for the regulatory knowledge graph, the 10-day decision window itself (now through ~June 24) is the highest-leverage uncertainty in any developer's NY pipeline. The pocket-veto mechanic also means Hochul can kill the bill without a recorded veto signature — that's the most likely outcome to underwrite, given upstate manufacturing politics and the IBEW position.