New York A 10852: Enacts the stop subsidizing data centers act

Bill Text

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A10852 Summary:

BILL NOA10852B

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SAME ASSAME AS S09182-B

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SPONSORKelles

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COSPNSRShimsky, Glick, Simon, Stirpe, Clark, Shrestha, Stern, Gallagher

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MLTSPNSR

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Amd §2, Pub Auth L; amd §187, Ec Dev L; amd §1005, Pub Auth L; amd §874, Gen Muni L; amd §§8-0111 & 8-0109,
En Con L

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Prohibits allocation of economic development power to data centers; provides for certain caps on amounts and eligibility for industrial development agency financial assistance; provides for the return of industrial development agency-awarded financial assistance if certain job levels are not maintained within 5 years of project completion; designates the department of environmental conservation as the mandatory lead agency for environmental quality review of any action consuming over 20 megawatts; requires environmental quality review for any action within 10 miles of a federally recognized Indian nation's territory.

Go to top A10852 Actions:

BILL NOA10852B

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04/08/2026referred to environmental conservation

05/13/2026amend (t) and recommit to environmental conservation

05/13/2026print number 10852a

05/21/2026amend and recommit to environmental conservation

05/21/2026print number 10852b

Go to topA10852 Committee&nbspVotes:

Go to topA10852 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10852 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10852--B

 IN ASSEMBLY

 April 8, 2026
 ___________

 Introduced by M. of A. KELLES, SHIMSKY, GLICK, SIMON, STIRPE -- read
 once and referred to the Committee on Environmental Conservation --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee -- again reported from said committee
 with amendments, ordered reprinted as amended and recommitted to said
 committee

 AN ACT to amend the public authorities law, the economic development
 law, the general municipal law and the environmental conservation law,
 in relation to enacting the "stop subsidizing data centers act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "stop subsidizing data centers act".
 3 § 2. Section 2 of the public authorities law is amended by adding a
 4 new subdivision 7 to read as follows:
 5 7. "data center" shall mean all buildings, equipment, structures,
 6 infrastructure within an existing structure, and other stationary items,
 7 such as server racks, that are located on a single site or on contig-
 8 uous, adjacent, or otherwise connected sites, and that are owned or
 9 operated by the same entity or by any entity who controls, is controlled
 10 by, or is under common control by such entity, regardless of whether the
 11 data center is a single-occupant or multi-occupant site, that is capable
 12 of using twenty megawatts of electricity or more and is designed or
 13 intended to be primarily engaged in data processing, data storage, data
 14 transport, web hosting, web streaming support, or other services
 15 described under code 518210 of the two thousand twenty-two North Ameri-
 16 can Industry Classification System.
 17 § 3. Section 187 of the economic development law is amended by adding
 18 a new subdivision (h) to read as follows:
 19 (h) Notwithstanding any other provision of law, no application for
 20 economic power allocation shall be approved under this section where
 21 such allocation would be for the operation of a data center, as defined
 22 by section two of the public authorities law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14850-07-6

 A. 10852--B 2

 1 § 4. Paragraph (a) of subdivision 13-a of section 1005 of the public
 2 authorities law, as added by section 3 of part CC of chapter 60 of the
 3 laws of 2011, is amended to read as follows:
 4 (a) Notwithstanding any other provision of law to the contrary, but
 5 subject to the terms and conditions of federal energy regulatory commis-
 6 sion licenses, to allocate, reallocate or extend, directly or by sale
 7 for resale, up to nine hundred ten megawatts of recharge New York power
 8 to eligible