New York issues voluntary $1 million per megawatt data center benchmark; DEC permit pause continues
The September 15 framework leaves the pause on DEC permits for large data centers in place and gives towns a voluntary contribution benchmark to use in negotiations, so site contract deadlines need review.
On September 15, 2026, Governor Kathy Hochul announced the Community Investment Framework (the "Framework") for data center development, released by Empire State Development ("ESD") as directed by Executive Order No. 62, issued July 14, 2026. The Order directs the Department of Environmental Conservation ("DEC") to hold discretionary approvals for covered data centers until the Department of Public Service ("DPS") submits a final Generic Environmental Impact Statement ("GEIS") and findings statement under the State Environmental Quality Review Act ("SEQRA"). The Framework does not lift the pause. ESD describes it as a voluntary mechanism for local governments, and it recommends what a host community should seek from a project that eventually proceeds.
Executive Order No. 62 (July 14, 2026); ESD Community Investment Framework