Digital Power Network Opposes New York S.9144, Warning Statewide Data Center Moratorium Would Freeze Investment and Undermine Grid Modernization

FOR IMMEDIATE RELEASE

Albany, NY — The Digital Power Network (DPN), the largest coalition of Bitcoin miners and digital infrastructure leaders in the United States, today announced its strong opposition to New York S.9144, legislation that would impose a statewide moratorium on the permitting of data centers while mandating a multi-year regulatory review process before new projects may proceed.

If enacted, S.9144 would prohibit the issuance of any new permits for data centers until a Generic Environmental Impact Statement is completed, public hearings are held across the state, and the Public Service Commission finalizes a separate rate impact review. Final regulations would not be issued for at least three years after enactment, effectively freezing digital infrastructure development in New York for years.

“This bill is not a study, it is a shutdown,” said Hailey Miller, Executive Director of the Digital Power Network. “New York already has one of the most rigorous environmental and utility review frameworks in the country. Imposing a blanket moratorium sends a clear message to investors: take your projects, your capital, and your jobs elsewhere.”

S.9144 defines “data centers” broadly to include facilities capable of using 20 megawatts or more, sweeping in cloud computing infrastructure, artificial intelligence training facilities, enterprise data hubs, colocation centers, and blockchain operations. Unlike other energy-intensive industries, such as semiconductor manufacturing, this sector would be uniquely subjected to a statewide industrial pause.

DPN also noted that New York has already experienced the consequences of sector-specific moratoria in the digital asset space. The state’s 2022 proof-of-work cryptocurrency mining moratorium created regulatory uncertainty, discouraged responsible operators, and damaged the state’s competitive standing without producing commensurate environmental benefits. S.9144 expands that failed approach to the full spectrum of advanced computing infrastructure.

Modern digital infrastructure facilities are not static loads. Many, including Bitcoin mining operations, are flexible and capable of rapid curtailment during grid stress, helping to stabilize wholesale markets and integrate renewable generation. Treating all high-load facilities as inflexible burdens ignores the operational realities of the NYISO market and the role flexible loads can play in grid reliability.

The legislation also directs regulators to ensure that all costs associated with serving data centers, including generation, transmission, wholesale market impacts, and commodity price changes, be borne exclusively by such facilities. DPN warned that this open-ended cost attribution framework introduces regulatory uncertainty that will deter long-term infrastructure investment.

“At a time when artificial intelligence, advanced computing, and digital infrastructure are becoming strategic economic assets, New York should be competing for this investment, not imposing multi-year bans,” Miller added. “This bill will not lower electricity rates, and it will not accelerate decarbonization. It will simply move innovation and capital to other states.”

Digital infrastructure projects have invested hundreds of millions of dollars in New York communities, repurposing industrial sites, expanding local tax bases, and supporting long-term utility revenue that strengthens the grid for all customers.

The Digital Power Network urges the Legislature to reject S.9144 and pursue balanced, data-driven policies that support both environmental goals and economic growth.

Read DPN’s full memorandum of opposition to S.9144 here.

About the Digital Power Network (DPN):

The Digital Power Network (DPN) is the largest coalition of Bitcoin miners and digital infrastructure leaders in the United States, representing over 85% of the Bitcoin hash rate among publicly traded U.S. mining companies. DPN advocates for policies that promote energy innovation, grid resilience, economic development, and the strategic role of digital assets in the 21st-century economy.