Will any state enact a data center moratorium by December 31?

- [2026-07-14] NY Gov. Hochul signed Executive Order No. 62, establishing the nation's first statewide data center permitting moratorium for certain large-scale facilities in New York, pausing select environmental approvals while state agencies evaluate data centers' impacts. This is an executive order, not legislation, so it does not itself satisfy the market's "enacted legislation" requirement. Source: hodgsonruss.com - [2026-06-04] The New York Legislature passed the Responsible Data Center Development Act (S10642/A11560), imposing a one-year moratorium on state permits for new large data centers with peak demand of 20 megawatts or more , clearing the Senate 44–16 and Assembly 102-39. Source: dlapiper.com - [2026-09-01] Reporting confirms Hochul has until Dec. 31 to sign or veto the legislation, and if she takes no action the bill will not become law (pocket veto). Source: fingerlakes1.com - [2026-10-05] A dedicated tracker states the NY executive-order moratorium remains in force while the broader Responsible Data Center Development Act sits on Governor Hochul's desk with a December 31 deadline — i.e., still unsigned as of early October 2026. Source: datacenterbans.com - [2026-08-18] Pennsylvania Gov. Shapiro signed an executive order; reporting notes the far-reaching order does not include a moratorium on data center development, however it requires local approval to receive state permits — not a legislative moratorium. Source: inquirer.com - [2026-04-24] Maine Gov. Janet Mills vetoed the data center moratorium bill (LD 307), stating she supports a temporary moratorium but would have signed the bill if it included an exemption for ongoing development at the former Androscoggin Mill site — a confirmed veto, bill did not become law. Source: rockinst.org - [2026-09-23/10-05] Industry tracker electricchoice.com reports 482 restrictions active across 44 states, with twelve governors having issued executive orders or directives , but lists no state besides New York with a statewide "enacted" legislative moratorium; most state actions are executive orders, tax-incentive repeals, or local bans, not legislature-passed moratorium statutes. Source: electricchoice.com - [2026-10-05] Michigan's HB 5594-5596 / SB 1018-1020 statewide moratorium package remains introduced to halt data center development until April 1, 2027... though none has been enacted , and Governor Whitmer has explicitly stated she would veto any moratorium legislation, calling it 'an automatic non-starter.' Source: datacenterbans.com/state/michigan - [2026-10-05] Oklahoma's SB 1488 (100MW+ moratorium) is characterized elsewhere as presently unlikely to pass during this legislative session. Source: afslaw.com - [2026-10-05] South Dakota's statewide SB 232 moratorium bill was tabled; this bill stalled in committee, but the South Dakota Legislature passed a separate bill, SD S.B. 135, which safeguards local governments' ability to regulate or prohibit data center development — not a direct state moratorium. Source: afslaw.com - [2026-10-05] Vermont's S.205 (moratorium until 2030) remains "in committee" per the electricchoice.com tracker, with no further legislative action reported as of early October 2026. - [2026-10-05] Pennsylvania's SB 1408 (NDA ban tied to the GRID executive order) advanced out of committee Sept. 29, and the Senate Communications and Technology Committee unanimously advanced SB 1408 on September 29 — a ban on non-disclosure agreements, extending by statute the NDA prohibition Governor Shapiro imposed by executive order — this is a narrower bill, not a construction moratorium. Source: datacenterbans.com BOTTOM LINE: As of October 7, 2026, no U.S. state has enacted a statewide data-center construction moratorium via legislation signed into law — New York's only statewide moratorium exists via Gov. Hochul's Executive Order 62, while the legislature-passed Responsible Data Center Development Act remains unsigned on her desk with a December 31, 2026 deadline to sign, veto, or let it die by pocket veto. Other states' moratorium bills (Michigan, Oklahoma, South Dakota, Vermont, Maryland, Georgia) remain stalled, vetoed (Maine), or opposed by their governors, making Hochul's looming Dec. 31 decision the single most decisive event for this market's resolution. NOT FOUND: No official New York State Senate/Assembly bill-tracking page confirming a "delivered to governor" date for S10642/A11560 was fetched directly (only secondary legal-alert and news sources); no evidence found of any other state legislature having passed and had signed into law a statewide moratorium bill between September 23 and October 7, 2026.

- [2026-04-24] Maine Gov. Janet Mills vetoed LD 307 — which would have made Maine the first state to enact a statewide data center moratorium — citing lack of an exemption for a project in Jay, Maine. Maine Governor Janet Mills has vetoed a bill that would have temporarily brought to a halt permits for new data centers, which would have imposed the country's first statewide moratorium on new data centers lasting until November 1, 2027. Source: techcrunch.com/2026/04/25/maines-governor-vetoes-data-center-moratorium/ - [2026-04-29] Maine Legislature failed to override the veto: the override vote was 20–11 in the Senate — shy of the two-thirds majority required, per Maine Public. Source: wabi.tv/2026/04/29/maine-legislature-does-not-override-gov-mills-veto-data-center-moratorium/ - [2026-06-04] New York Legislature passed the Responsible Data Center Development Act (S10642/A11560), a one-year moratorium on DEC permits for data centers ≥20MW; the New York State Legislature passed it, imposing a one-year moratorium on state permits for new large data centers with peak demand of 20 megawatts or more, clearing the Senate 44–16 and the Assembly 102-39 . The bill has not been signed into law. Source: dlapiper.com/en-us/insights/publications/2026/07/new-york-state-legislature-passes-first-in-the-nation-data-center-moratorium - [2026-07-14] Instead of acting on the legislature's bill, Gov. Hochul signed Executive Order No. 62, establishing a temporary moratorium on data center permitting in New York State, making New York the first state in the country to impose such restrictions — instead of acting on the legislation . An executive order is not "legislation enacted into law" per the market's resolution criteria, so this does not qualify for a "Yes" resolution. - [2026-09-01] As of early September 2026, the legislative bill remains unsigned: Hochul has until Dec. 31 to sign or veto the legislation, and if she takes no action the bill will not become law. Source: fingerlakes1.com/2026/09/01/pressure-builds-on-hochul-to-sign-broader-data-center-bill/ - [2026-08-27] Reporting confirms the governor's decision timeline aligns with the market's own deadline: Hochul has until the end of the year to sign the data moratorium bill. Source: nystateofpolitics.com (Aug 27, 2026) - [2026-07-15] NY Assembly Speaker Heastie indicated Hochul had not signaled opposition: "In my exchanges with her, this is not by any means mean that she's looking to veto the bill, she said she absolutely wants to continue to talk about it," and Hochul often does not make a decision on significant legislation until the end of the year. Source: nystateofpolitics.com/2026/07/15 - [2026-10 baseline] Reference class of 2026 state moratorium bills: State data center moratoriums face hurdles in 2026 as 14 bills across 11 states stall; none have passed their originating chamber as of mid-March 2026 , with only Maine and New York having reached a governor's desk so far — a very narrow funnel from ~300+ filed bills to zero enacted statutes to date. Source: multistate.us/insider/2026/3/13 - [2026-10 baseline] Independent trackers (Good Jobs First, Rockefeller Institute, MultiState, dcmap.us) consistently report Georgia, Maryland, Michigan, Minnesota, New Hampshire, Oklahoma, South Dakota, South Carolina, Vermont, Pennsylvania and Virginia bills as "introduced," "stalled," or "died in committee" — none enacted. Source: rockinst.org/blog/updates-on-the-cloud-more-moratoriums-on-data-centers/ - [2026-10 baseline] A related local-level base rate shows moratoriums succeed far more often at the municipal than state level: Local data center moratoriums have gained more traction than state-level efforts, with dozens of municipalities across the country temporarily pausing new projects in response to constituent feedback. Source: multistate.us/insider/2026/3/13 - [2026-10-06] Confirms the NY executive order (not legislation) remains the only "statewide moratorium" in effect: Kathy Hochul also signed one for the entire state this past summer; she signed an executive order in July that will pause the permitting process for up to a year. Source: spectrumlocalnews.com/nys/buffalo/news/2026/10/06/west-seneca-passes-one-year-moratorium-on-data-centers BOTTOM LINE: The historical base rate for this exact event is 0-for-2 at the governor's-desk stage (Maine vetoed/override failed; New York legislature passed a bill but the governor substituted an executive order rather than signing it), and 0-for-~14+ bills that stalled in other state legislatures in 2026 — meaning no state has ever enacted a qualifying statutory moratorium. The sole live path to "Yes" by Dec 31, 2026 is Gov. Hochul acting on the pending NY bill (deadline coincides with the market's own resolution date), which multiple outlets describe as genuinely uncertain and politically contested given she already addressed the issue via EO. NOT FOUND: No evidence of any state having enacted a qualifying legislative moratorium as of the current date (Oct 7, 2026); no confirmed decision yet from Hochul on S10642/A11560; no comparable long-run historical base rate for "state moratorium bills" prior to 2025-2026 (this is a novel legislative category tied to the AI/data-center boom, so there is no multi-year track record to draw on beyond this single 2025-2026 wave).

YES means: Governor Hochul (or any other governor) signs a state-legislature-passed data center moratorium bill into law on or before December 31, 2026, 11:59 PM ET — most plausibly New York's Responsible Data Center Development Act (S10642/A11560). - [2026-10-07] The official NY Senate bill tracker for S10642 shows the bill's status pipeline still sitting before the final two stages — it has not been shown as delivered to or signed by the Governor as of this fetch, confirming no action has yet been taken. - [2025-12-19] The single closest precedent for how Hochul handles complex, contested tech bills under year-end deadline pressure is the RAISE Act: Hochul signed the original bill (S6953-B/A6453-B) on December 19, 2025, with the legislature committing to pass chapter amendments formalizing the agreed changes in the January 2026 session , and Governor Hochul did not immediately sign the bill, using nearly all the time available under New York law before acting; had she not signed by the end of 2025, the bill would have been pocket vetoed . This shows Hochul's established mechanism for resolving contentious tech legislation is to sign (not veto) at the last moment, using a chapter-amendment side deal — a direct template for the data center bill. - [2026-06-10] A political analyst explicitly named the data center moratorium as the bill most likely to follow this same path: "The governor has three options, to sign it, to veto it or the third option, which we see time and time again, is to negotiate over what that final legislation looks like" — a process resulting in chapter amendments passed early the next year — and the toughest calls, most likely to see chapter amendments if approved, are the data center moratorium and the surveillance-pricing package . - [2026-07-15] Assembly Speaker Heastie, after Hochul's executive order, said he remains optimistic she will still sign the legislative bill: interactions with the governor did not indicate the move means Hochul will not sign the bill, and he is "very pleased" that Hochul is addressing the issue, saying "this is not by any means mean that she's looking to veto the bill, she said she absolutely wants to continue to talk about it" . - [2026-07-15] Heastie separately noted the practical mechanism: if the governor pursues chapter amendments, as is frequently the case for complex legislation, the Legislature would not be able to pass those amendments until January — meaning a Hochul "sign now, amend in January" deal (as with RAISE Act) would still count as enactment before Dec 31, since the resolution only requires the underlying bill become law by the deadline, not the amendments. - [2026-08-?] A legal tracker confirms the constitutional mechanics favor a late, deliberate decision rather than inaction: once delivered, she will have 10 days to sign it, veto it, or sign contingent on the legislature agreeing to a chapter amendment, and Hochul's office may request that the bill is delivered at a later date, as the executive and legislative branches often coordinate on timing — i.e., Albany can engineer delivery timing so that her decision lands right at the Dec. 31 deadline, consistent with past practice. - [2026-09-?] Grassroots and legislative pressure for signing (not vetoing) continues to build, per on-the-ground reporting: about 200 people gathered at Salt Point Natural Area in Lansing to urge Gov. Kathy Hochul to sign legislation imposing broader regulations on large data centers , showing sustained advocacy push rather than fading momentum. - [2026-10-05] An independent tracker still frames the bill as an open, live decision rather than a dead one: New York's statewide executive-order moratorium remains in force while the broader Responsible Data Center Development Act sits on Governor Hochul's desk with a December 31 deadline , and lists "Governor Hochul's pending decision" among its near-term "trends to watch." - [2026-07-14] Critically, the underlying political motive for Hochul to act — not just study — remains intact: the decision in New York also carries political significance for Hochul's re-election campaign and the state's tight congressional races this fall, as Democrats move to address affordability concerns over high utility bills and other pocketbook issues , a pressure that persists through the Dec 31 deadline given 2026 is a re-election year for her. - [2026-07-14] Bill sponsors already anticipated negotiated chapter amendments as the normal path forward rather than a veto: the New York State Senate sponsor of the bill, Sen. Kristen Gonzalez, acknowledged during debate that she expected the legislative process to include future chapter amendments , consistent with a sign-then-amend outcome. BOTTOM LINE: The single most likely path to YES is Gov. Hochul signing the Responsible Data Center Development Act before Dec. 31, 2026 — potentially with a side-deal for January chapter amendments — mirroring her exact Dec. 19, 2025 handling of the RAISE Act, a bill she also let sit until the last days of the year before signing rather than vetoing. Legislative leadership (Heastie) and sponsors (Gonzalez) have publicly signaled optimism for a sign-with-amendments outcome, and sustained public pressure plus Hochul's 2026 re-election incentives on affordability issues favor action over a pocket veto. NOT FOUND: No official confirmation of the bill's formal "delivery to governor" date (it appeared not yet delivered as of Oct 7, 2026 per the NY Senate tracker); no statement from Hochul's office explicitly committing to sign (or veto) the bill as of early October 2026.

YES means: at least one U.S. state legislature passes, and the governor signs (or allows to become law via no-veto/override), a statewide moratorium law on new data centers between now and Dec 31, 2026, 11:59 PM ET. - [2026-10-06] Just yesterday, Hochul held a data-center roundtable and announced she wants to end tax breaks and impose higher electricity rates for large data centers — a separate regulatory track, not a signal she is about to sign the pending moratorium bill (S10642/A11560) itself. Source: https://foxnews.com/live-news/ai-super-intelligence-safety-10-06 - [2026-07-16] Hodgson Russ's legal alert states plainly that "it is likely that Governor Hochul will veto the Act by the end of the year," explicitly because she already acted via Executive Order 62 instead of signing the legislature's bill. Source: https://www.hodgsonruss.com/newsroom/publications/governor-hochul-signs-first-statewide-data-center-moratorium-in-the-u-s - [2026-07-14] Multiple contemporaneous reports (Axios, The Hill) quote a Hochul staffer explaining the EO was chosen specifically because the legislative bill is "complicated" and would "take some time to work through... with the legislature," implying no quick signature was imminent. Source: https://www.axios.com/2026/07/14/ny-gov-kathy-hochul-data-center-moratorium-executive-order - [2026-07/2026-undated] Tech:NYC's executive director "publicly urged Governor Hochul to veto the bill," and the Data Center Coalition industry group argued the moratorium "will undermine New York's economy and send a signal that the state is closed for business" — showing organized, well-funded opposition actively lobbying against enactment. Source: https://en.wikipedia.org/wiki/Tech:NYC ; https://thehill.com/policy/technology/5966562-new-york-ai-data-center-moratorium/ - [2026-08-31/09-01] As recently as six weeks ago, advocates were still holding public rallies (Salt Point, Lansing) specifically "to urge Gov. Kathy Hochul to sign" the bill — language confirming that, deep into Q3, she still had not signed, vetoed, or otherwise acted. Source: https://www.ithacavoice.org/2026/08/pressure-mounts-for-kathy-hochul-to-sign-data-center-moratorium-bill/ - [2026-04/2026 precedent] New York's own 2025 precedent (the Responsible AI Safety and Education Act) shows Hochul "did not immediately sign the bill, using nearly all the time available under New York law before acting," and used the delay to negotiate a rewrite with industry input — a template suggesting she may again wait until Dec. 31 and then either veto, pocket-veto, or demand a chapter amendment rather than sign as-is. Source: https://en.wikipedia.org/wiki/Responsible_AI_Safety_and_Education_Act - [2026-mid] A law-firm "What Comes Next" analysis notes that if the bill isn't delivered until late in the year, under NY procedure "assuming delivery after adjournment, left unsigned for the applicable 30-day period... it would not become law" — i.e., mere passive inaction by year-end is itself sufficient for a NO resolution via pocket veto. Source: https://www.mintz.com/insights-center/viewpoints/55076/2026-06-12-new-york-legislature-passes-first-nation-data-center - [2026-03-14] Colorado's two competing data-center bills died in the final days of its session, with "both failed to advance from committee in the final days of the 120-day session" — confirming the Colorado pathway is fully closed for 2026. Source: https://www.westword.com/news/colorado-data-center-bills-fail-last-days-2026-session-40884568/ - [2026 session calendars] Per Ballotpedia's 2026 state-legislative-session tracker and Washington's own session recap ("Unless a special session is called, state lawmakers will not reconvene until January 11, 2027"), the overwhelming majority of state legislatures have already adjourned sine die for 2026 and will not reconvene before the Dec. 31 deadline, mechanically foreclosing new moratorium bills from even being introduced, let alone passed and signed, in those states. Source: https://houserepublicans.wa.gov/current/the-hits-and-misses-of-the-2026-legislative-session/ ; https://ballotpedia.org/Dates_of_2026_state_legislative_sessions - [2026-09/10] Oregon's HB 4084 — one of the few other "statewide" legislative actions tracked — is not a construction moratorium at all but merely bars new enterprise-zone tax authorizations until 90 days after the 2027 session, further confirming no non-NY state has produced a qualifying statutory construction/permitting moratorium. Source: https://dcmap.us/insights/policy/ BOTTOM LINE: The only live path to a YES remains Gov. Hochul acting affirmatively to sign S10642/A11560 by Dec. 31; multiple legal analysts and the governor's own substitution of an executive order plus her Oct. 6 pivot toward a separate tax/rate package (rather than the moratorium bill) point toward an eventual veto or pocket veto, consistent with heavy, organized industry lobbying (Tech:NYC, Data Center Coalition) and her 2025 pattern of running out the clock on contentious tech bills before amending or rejecting them; with virtually all other state legislatures out of session until January 2027, there is no mechanical path for a second state to enact a qualifying moratorium before the deadline. NOT FOUND: No statement from Hochul or her office post-dating Oct. 6, 2026 definitively confirming an intent to sign, veto, or pocket-veto S10642/A11560; no evidence of any special legislative session scheduled in any other state before Dec. 31, 2026 to revive a stalled moratorium bill.