A 10852 New York Assembly · 2025 Regular Session

Enacts the stop subsidizing data centers act

Summary
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.
Bill status in committee 1 of 4 stages cleared
Introduction
Apr 2026
Committee Review
Floor Vote
Governor
Introduced Apr 8, 2026 Last action May 21, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

A10852A A10852B · 2 edits
MINOR
The bill was amended to expand the legal definition of a 'data center' to include a wider range of equipment and multi-occupant sites, ensuring the ban on public power allocations applies more broadly. The committee re-reported the bill with these amendments to clarify that large-scale data processing facilities cannot receive state-subsidized electricity.
Scope change
The scope of the ban on public power allocations for data centers was expanded by redefining the term 'data center' to cover more types of facilities and equipment configurations.
DEFINITION

The definition of 'data center' was expanded from a simple description of computer systems to include all buildings, infrastructure, and stationary items like server racks on connected sites, regardless of whether the site is single or multi-occupant, as long as it uses 20+ megawatts of electricity.

ELIGIBILITY

The amendment ensures that the prohibition on allocating public power for data centers applies to the newly defined, broader category of facilities, preventing any loophole where a facility might technically fit the old definition but not the new, more inclusive one.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
5
Key actions
4
Committee
1
Amendments
4
May 21, 2026
Lower · Passed
PRINT NUMBER 10852B
lower
May 21, 2026
Lower · Passed
AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
lower
May 13, 2026
Lower · Passed
PRINT NUMBER 10852A
lower
May 13, 2026
Lower · Passed
AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
lower
Apr 8, 2026
Committee
REFERRED TO ENVIRONMENTAL CONSERVATION
lower
1 primary · 8 co-sponsors

Sponsors