New York is close to becoming the first state to enact a moratorium on the development of large AI data centers.

The state legislature last week approved a one-year freeze on the construction of ‘hyperscale’ data centers over 20MW.

Prior attempts by Maine and Minnesota to approve statewide moratoriums failed.

Effort To Pass Nation’s First Statewide Data Center Moratorium Fails

More from The Guardian:

The measure now heads to Kathy Hochul, the governor, who will decide whether to sign it into law. The Guardian spoke to a state senator in the wake of the historic vote about authoring the bill and the wider US backlash against datacenters.

Thursday’s vote comes as anger toward datacenters, and AI, sweeps the nation. Almost three-quarters of Americans oppose a datacenter project being built near their homes, according to a new Heatmap poll. Many local communities across the country, including in New York, have already enacted a patchwork of moratoriums on datacenters. But some residents are feeling overwhelmed by the pace and secrecy of development – and they’re calling on state governments for help.

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Kristen Gonzalez, a New York state senator, wanted to buy her state some time. She co-authored a bill that would temporarily ban “hyperscale” datacenters over 20MW.

“Big tech has been used to writing their own rules, or not having rules that they have to play by, when it comes to new technology,” Gonzalez says. “This is one of the first times that we’re really drawing a line in the sand and saying that as a state legislature, we have the responsibility to make sure that New Yorkers are in the driver’s seat.”

The moratorium largely targets datacenters built by “tech goliaths” and will not apply to facilities already possessing the necessary state permits, Gonzalez says. She notes that currently, there are at least 28 large data centers being evaluated by the state for their impact on the grid and that they would “add an additional 9,682MW of energy onto the state’s already constrained and aging grid”.

“We’re not saying you can’t build here, but we are saying we want to take a look at all of the aspects and all of the impacts, and that’s what we will do and we will continue to adjust as we move forward,” said Senate Majority Leader Andrea Stewart-Cousins, according to Spectrum News.

“No one in this chamber wants reckless growth, and the questions around energy, water and all of the other concerns are real questions, but the moratorium is not an answer. It’s a sign hung on the front door of New York that says ‘we’re out to lunch’ for a year. It pauses every region of New York State that is working to attract growth,” said Republican Assemblymember Scott Gray, the outlet noted.

Earlier this week, Seattle became the largest city in the United States to enact a citywide data center moratorium.

Blue City Becomes Largest In United States To Enact Data Center Construction Moratorium

Spectrum News noted:

It came as the more-than five-month debate over the state budget and several days spent focusing on the first passage of a constitutional amendment allowing mid-decade redistricting gave way to an intense debate around regulating the tech industry with an emphasis on artificial intelligence.

The one-year pause on data centers is intended to give time for the state to gather data and craft regulations for further development amid concerns over water and energy usage.

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