A 10852 changesEnacts the stop subsidizing data centers act

What changed

+162 / −37 words · LargeConfidence: high

This amendment round substantially tightens regulation of data centers in New York by lowering key electricity thresholds and imposing new environmental review requirements. The bill now defines a data center as any facility capable of using twenty megawatts or more of electricity for data processing, storage, or related services, with detailed technical criteria covering both single-occupant and multi-occupant sites. The environmental review framework is strengthened by lowering the mandatory lead agency threshold from fifty to twenty megawatts and requiring environmental impact statements specifically for data center actions within ten miles of federally recognized Indian nations' territories, with mandatory tribal consultation. These changes expand the bill's regulatory reach to smaller facilities while adding geographic and procedural safeguards around tribal lands.

Change log

• SECTION 1

  modifiedhigh confidence

  Expands definition of 'data center' to include 20+ megawatt facilities with detailed technical and ownership criteria

  The bill replaces a brief definition of 'data center' with a comprehensive definition that includes specific technical and operational criteria. The new definition requires facilities to be capable of using twenty megawatts of electricity or more and covers all buildings, equipment, structures, and infrastructure on single or connected sites. It applies to facilities primarily engaged in data processing, storage, transport, web hosting, web streaming support, or other services under NAICS code 518210, and includes both single-occupant and multi-occupant sites regardless of ownership structure.

• PREAMBLE

  modifiedhigh confidence

  Technical/conforming change

  The bill version identifier changed from 10852-A to 10852-B. The procedural history was updated to reflect that the committee again reported the bill with amendments, ordered it reprinted as amended, and recommitted it to the same committee. These are administrative changes documenting the bill's legislative progress.

• SECTION 1 > (a)

  modifiedhigh confidence

  Technical/conforming change

  This section removes boilerplate explanatory text and a bill tracking number that appeared between paragraphs. The substantive prohibition on allocating recharge New York power to data centers remains unchanged.

• SECTION 1 > (h)

  modifiedhigh confidence

  Technical/conforming change

  This section inserts standard legislative formatting text (an explanation key and bill number) between existing substantive provisions. The substantive prohibition on economic power allocation for data centers remains unchanged.

• SECTION 1 > (ii)

  modifiedhigh confidence

  Lowers mandatory lead agency threshold from 50 to 20 megawatts and adds data center requirement for environmental review near tribal lands

  The department becomes the mandatory lead agency for environmental reviews of actions consuming over 20 megawatts during normal operations, down from 50 megawatts. Additionally, environmental impact statements are now required specifically for data center actions located within ten miles of federally recognized Indian nations' territories, whereas previously the requirement applied to any action in those areas. Applicants must consult with affected Indian nations and include their comments in the environmental impact statement.