Plain-English status update. Per yesterday's edition, the New York State legislature passed the 'Responsible Data Center Development Act' (S.10642 / A.11560) — a 1-year moratorium on new permits for hyperscale (>20 MW) data centers, plus an 18-month statewide environmental impact assessment, plus separate electric and water rate classes, plus a renewable-energy mandate starting at 33% by 2030. The bill sits on Gov. Kathy Hochul's desk with a 10-day signing window once it is formally delivered (the Senate Majority Leader controls the delivery date, so the clock often starts days-to-weeks after passage). As of midday Pacific on June 26, 2026, there is no public announcement from the Governor's office on her position. Her last public signal, from a May 28 press availability, was 'this is a local decision for municipalities. It's land use, which is the purview of local governments' — read as a soft lean toward chapter amendment or veto rather than a clean sign. But the Food & Water Watch / Sierra Club coalition that drove the bill is a constituency Hochul needs for her November 2026 re-election against (likely) Rep. Elise Stefanik on the Republican side, which complicates a clean veto. What to watch for. The three plausible outcomes are: (1) clean sign at 20 MW, in which case the corpus has to add the first state-level moratorium inside an RTO (NYISO); (2) chapter amendment narrowing one or more of the five operative provisions (most likely target: provision 4, the renewable-energy mandate, since it accelerates CLCPA targets); (3) veto, in which case the bill goes back to the legislature for a 2027 session re-pass attempt. Most legal commentators (Mintz, Greenberg Traurig, Harris Beach Murtha) lean toward outcome (2) — a chapter amendment that preserves the 1-year pause but softens the longer-term provisions. A chapter amendment is a New York-specific procedural mechanism: the Governor signs the bill 'on the condition' that the legislature passes a follow-on bill making specific changes. It's a negotiated middle path that lets the Governor avoid a veto while still narrowing the bill. The chapter amendment would then have to pass the legislature in a special session or at the start of the 2027 session.
Why it matters
Two implications. (1) The 'door 2' chapter-amendment scenario is the one that matters most for the corpus, because it would set the precedent every subsequent state will negotiate against. If NY signs the moratorium but narrows the renewable mandate, then IL, MA, NJ, WA, OR (the queue of states with similar bills in committee) will all be told by industry lobbyists 'NY narrowed it; you should too.' If NY signs clean, those states have a stronger model bill. The chapter-amendment scenario is structurally the most consequential because it changes the model the next 5–10 states will copy. (2) The 'door 3' veto is the baseline risk and the wedge for industry. A veto in NY would be cited as evidence by the wholesale colo lobby (Equinix, Digital Realty, CyrusOne) that 'even the bluest state with the most committed environmental coalition couldn't get a moratorium signed' — useful counter-rhetoric against the IL/MA/NJ/WA/OR queue. Veto probability is non-trivial despite the political costs to Hochul, because the 33% renewable mandate is genuinely difficult to implement on existing data centers without a credible clean-firm supply path.
Related filings
T-7 ERCOT ILLE Form W Jul 10 / T-21 Form W step 2 Jul 24 / PJM 2028-29 auction closes Jul 7 / results Jul 14 / price band $175-325 MW-day / 13-state governor pre-negotiated band / MD FERC ratepayer complaint comment deadline Jul 27 extended / NY A11560 not delivered to Hochul / 10-day clock not started / passive enactment plausible / 4 deadline-anchored windows next 24 days
Plain-English background on why the four operational-track deadlines all matter this month. Each of these deadlines drives a specific action by developers, hyperscalers, or state parties, and each represents a concrete moment where Cliff can produce a...
Spartanburg County SC / Jun 22 1 yr / pending ordinance doctrine fast track / Duke Energy Carolinas / Woodbury County IA / Jun 23 1 yr / Salix MidAmerican annexation carve out / MISO West / Cumberland County NC / Jun 15 6 mo / Duke Energy Carolinas / Jackson County MO / Jun 9 120 to 180 day extension / SPP MISO boundary / Lexington Fayette KY / Jun 9 until Oct 31 / KU LG and E / non-RTO non-IOU geographic expansion
Plain-English background. A 'data center moratorium' is a county or city ordinance that pauses all new data center applications for a fixed period (commonly 6 or 12 months) so the local government can write zoning rules, set impact fees, or just decide...
FERC show cause orders Jun 18 / Section 206 / PJM MISO SPP CAISO ISO-NE NYISO / 30-day informational report Jul 20 / 60-day tariff response Aug 17 / 90-day abeyance request Aug 3 / five reform categories / cost-shift prevention is the big one / colocation + BTMG rules / flexible-load transmission services
Plain-English version. On June 18, 2026, the Federal Energy Regulatory Commission (FERC, the federal regulator with jurisdiction over the interstate transmission grid) used Section 206 of the Federal Power Act to issue what are called 'show-cause orders'...
20MW threshold convergence / NY S.10642 + AOC HR + Sanders S.4214 + FERC RM26-4-000 / forming model-bill consensus / sweeps in wholesale colo + hyperscaler leased capacity / not just marquee campuses
Plain-English version. Until June 24, the most common threshold for state and local data-center legislation was either 100 MW+ (hyperscale conventional definition, used by industry groups like AFCOM and Uptime Institute) or no threshold at all (county...