Where pauses and limits stand going into the next legislative sessions.
New YorkIn effect
Executive Order 62
Signed July 14. Pauses pending and future discretionary Department of Environmental Conservation applications, not deemed complete before July 14, to build or expand data centers of 50 MW or more, until the Department of Public Service submits its final generic environmental impact statement and findings. Local permits are not covered; facilities primarily serving manufacturing, research, education or medical purposes are exempt.47
New YorkPassed; no delivery recorded
Responsible Data Center Development Act (S.10642/A.11560)
Passed both chambers June 4. Would impose a one-year pause on specified state environmental approvals for data centers with peak demand of 20 MW or more, with exceptions, and create separate utility service classes. As checked Nov. 4, the official legislative record does not show it delivered to Gov. Hochul; delivery would start the constitutional review period.484950
PennsylvaniaIn effect
Executive Order 2026-05
Signed Aug. 18. Requires specified commitments and local approval before state environmental permits are considered, removes AI data center proposals from the Fast Track program, and bars related nondisclosure agreements.17
TexasDirective (Sept. 21)
Gov. Greg Abbott (R) directs TCEQ to halt data center permits
On Sept. 21, Gov. Abbott directed the Texas Commission on Environmental Quality to halt permits sought by data centers until ERCOT completed its audit, and told state agencies not to advance related approvals until the required information was obtained. Oversight proposals came from both parties.5113
FederalPending in Congress
Artificial Intelligence (AI) Data Center Moratorium Act
S.4214, introduced March 25 by Sen. Bernie Sanders (I-Vt.), and H.R.9442, introduced June 24 by Rep. Alexandria Ocasio-Cortez (D-N.Y.). Would bar commencing or continuing construction or upgrades of covered AI data centers until legislation meets specified safeguards and expressly ends the moratorium. Bills not enacted by the 119th Congress expire when it ends.525354
LocalOn Nov. 3 ballots; results unofficial
41 data center measures in 10 states
28 would limit development (bans, size limits, moratoria). Ohio had 21 measures in 18 municipalities, and early results show at least 14 Ohio municipalities approving bans or restrictions. Results are unofficial.7855