Data-center law in New York

N.Y. Town Law § 274-a

Applies to both

Authorizes a town board to require planning board review and approval of a site plan, the arrangement, layout and design of a proposed land use, before a building permit issues. A data-center project's parking, access, screening and building layout typically proceed under this section's site plan approval. The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law

N.Y. Town Law § 261

Applies to both

Empowers a town board to regulate and restrict the height, size and location of buildings and structures and the use of land, by local law or ordinance, outside the limits of any incorporated village or city. A data center sited in unincorporated town territory is zoned under this authority. The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law

N.Y. Envtl. Conserv. Law art. 31 (proposed §§ 31-0101 to 31-0107); N.Y. Pub. Serv. Law § 66-x; N.Y. Pub. Auth. Law § 1854-a, A11560/S10642

Applies to private

This measure is proposed and binds nobody yet.

As passed by both houses, it would add a new Environmental Conservation Law article imposing a one-year moratorium on permits for the siting, construction or commencement of operation of a new large data center, direct the Public Service Commission to establish a separate utility rate classification for large energy-use facilities and to study and mitigate data-center rate impacts on other ratepayers, require large data centers to hold a public hearing in the host community, and set renewable-energy sourcing expectations for large loads.

Passed the Senate and Assembly on June 4, 2026; not yet delivered to or acted on by the Governor as of this review.

Source: Full text of law

N.Y. Envtl. Conserv. Law art. 8 (§§ 8-0101, 8-0109)

Applies to both

Declares a state policy of environmental review for discretionary government approvals; a data center's rezoning, special use permit or site plan approval, and any state permit it needs, is an action subject to SEQRA review by the approving agency before it may be granted. The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law

N.Y. Pub. Serv. Law § 68

Applies to both

Requires a gas or electric corporation to obtain Public Service Commission approval before constructing a gas plant or electric plant. Grid interconnection and utility-side facilities upgrades serving a large data-center load proceed under this section. The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law

N.Y. Pub. Serv. Law art. 7 (§§ 120 et seq.)

Applies to both

Requires a certificate of environmental compatibility and public need from the Public Service Commission before construction of a major electric transmission line of 100 kilovolts or more meeting the article's distance thresholds, or a qualifying fuel gas transmission line. A new bulk transmission line built to serve a large data-center load is sited under this article.

The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law

N.Y. Envtl. Conserv. Law art. 19

Applies to both

Regulates air contamination sources statewide; the Department of Environmental Conservation permits the diesel or gas backup generator fleets a data center installs as an air contamination source under this article and its implementing regulations. The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law

N.Y. Tax Law § 1115(a)(35), (37)

Applies to private

Exempts from retail sales and use tax the machinery, equipment and other specified tangible personal property sold to an operator of an internet data center for use in that center, including server and networking hardware, climate-control, fire-suppression, physical-security and power equipment, and raised flooring.

The exemption applies where the property is required for and directly related to the operator's sale of internet website services, and it also covers the same property when purchased by a contractor for installation as a capital improvement. The consolidated law page carries the section's current text and revision history but no enactment-day field, so no commencement date is stated here.

Source: Full text of law