On the agenda: Lansing packet — Data Center (Sep 29)

SPECIAL TOWN BOARD MEETING
Lansing Middle School Auditorium (6 Ludlowville Rd.)
Tuesday, September 29, 2026
6:30 PM

AGENDA
SUBJECT TO CHANGE
Meeting is open to the public.

1.

Call Meeting to Order

2.

Pledge of Allegiance

3.

Roll Call

4.

Governor Hochul's Executive Order #62 Discussion

5.

a.

Statement Read by Supervisor Ruth Groff at September 16, 2026, Town Board Meeting
Regarding Governor Hochul's Executive Order

b.

Review of Town Options

c.

Input from Public-Limited to one (1) Hour with a Maximum of two (2) Minutes per SpeakerFirst 30 Minutes Reserved for Lansing Residents

d.

Town Board Discussion

Executive Session if Needed
a.

6.

Motion to Enter/Exit

Adjourn Meeting
a.

Motion to Adjourn Meeting

In accordance with the Americans with Disabilities Act, persons who need accommodation to attend or
participate in this meeting should contact the Town Clerk’s Office at 607-533-4142. Request should be
made 72 hours prior to the meeting.

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Section 4, Item a.

Statement to Introduce Public Input Session for Town’s Options in Light of EO 62
To be read by Supervisor Groff at TB Meeting on 9/16/26

On July 14, 2026, Governor Kathy Hochul signed Executive Order 62 Establishing a
Temporary Moratorium on Data Centers in New York while the State Develops Higher
Standards for Data Center Development and Benefits Blueprint to Support Localities (“EO 62”).
Since the issuance of EO 62, the Town Board has been working to understand what it means for
the Town of Lansing.
EO 62 creates significant uncertainty and confusion for local governments because its
directives are aimed at State agencies and not local governments. As a result, the Town Board
intends to begin consideration of several options for Town Board action in light of EO 62. To
assist in the Town Board’s consideration, the Town will be holding a public input session on
September 29, 2026, at 6:30 p.m. at the Lansing Middle School auditorium.
Overview of EO 62’s Requirements
EO 62 defines a data center as “a facility or group of facilities located on the same or
contiguous sites used to house computer servers, associated components, or computing or
telecommunications equipment for the storage, processing, distribution, and/or management of
data.” EO 62 does not directly impact local reviews and approvals, specifically stating “[t]his
provision does not apply to permits, approvals, licenses, or similar forms of permission from
local governments.” That means the Town does not get a reprieve from reviewing any data
center applications during the EO 62-imposed moratorium. Rather, EO 62 indirectly impacts the
Town through the requirements it imposes on multiple State agencies, and the resulting
uncertainty of how the State agencies will resolve those directives. The Town anticipates that

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Section 4, Item a.

specific directives within EO 62 will affect the Town’s potential review of any proposed data
centers.
EO 62 directs the Department of Public Service (“DPS”) to examine the impacts
associated with the interconnection of data centers to the electric distribution network. It directs
DPS to create a General Environmental Impact Statement (“GEIS”) in accordance with the State
Environmental Quality Review Act (“SEQRA”) to assess the potential environmental impacts of
the construction and operation of data centers in New York, including energy demand, water use
and quality, air quality, disproportionate impacts on disadvantaged communities, and noise
levels. DPS is required to submit a report of a Final GEIS (“Final GEIS”) and findings
statement.
Until DPS submits its Final GEIS, EO 62 prohibits DEC from issuing discretionary
permits, approvals, licenses, and similar authorizations related to the construction or expansion
of data centers 50 megawatts or more in size. This prohibition does not apply to “a facility that
is primarily used for manufacturing, research (including but not limited to quantum computing
research or biomedical research), education (including but not limited to such facilities used by
accredited colleges and universities in New York State, to the extent such colleges and
universities are engaging in academic research, and the Empire AI consortium, or the institute, as
defined in section three hundred sixty-one of the Economic Development Law), or the provision
of medical care, is not covered by this definition and thus not subject to this Executive Order.”
Notably, EO 62’s moratorium on discretionary permits only applies to DEC, which raises
questions for the Town on whether permitting or review processes with other State agencies will
be business as usual or not, meaning that the potential ripple effect of the moratorium on
discretionary DEC permits could cause additional complications for the Town.

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Section 4, Item a.

EO 62 also directs DEC to create a report analyzing whether any new or amended
policies should be implemented regarding water withdrawal program requirements for large use
customers, including data centers. EO 62 directs Empire State Development to create a
Community Investment Framework to “assist localities across New York in analyzing and
attaining local economic benefits and mitigating potential negative effects of serving as a host
community for a data center.” The framework is to include guidance regarding negotiations with
data centers related to (1) creation and maintenance of a community investment fund; (2)
investments in local infrastructure; (3) frameworks for providing organized labor a seat at the
table; and (4) transparency through reporting requirements.
Uncertainty for the Town
The outstanding GEIS, the moratorium on DEC permitting, and the outstanding
Community Investment Framework create significant uncertainty for the Town. This is because
even if a project receives local approvals, it cannot receive discretionary DEC permits until the
moratorium ends. The list of discretionary permits a facility may require will vary with the
location and design of the project, among other factors. Under applicable State and local laws, a
data center developer likely cannot commence construction without required discretionary
permits regardless of the specific permits. This raises concerns for the Town that it could incur
the expense of reviewing a proposed application, and then the project will sit idle until DEC may
or may not issue discretionary permits.
The outstanding GEIS creates additional uncertainty for the Town’s review of any project
subject to EO 62. The GEIS may include recommendations for the construction and operation of
data centers, which raises several questions for the Town including:

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Section 4, Item a.



How will DEC’s involvement in a project-specific environmental review be affected by
the outstanding EO 62 GEIS?



Will any recommendations in the GEIS and associated findings be implemented solely at
the State level or will the recommendations extend to municipal reviews?



If the Town has completed its review of a potential project, will the Town be able to
implement any recommendations?



If the Town has completed its review of a potential project and the GEIS and associated
findings require changes to the project, how will it impact the Town’s review and
authority?

Until the Town’s questions are answered, there is a risk that the Town will expend significant
resources to complete work that may ultimately be displaced by the State’s review and findings.
The Town is not the only one facing this uncertainty with data centers. Since the start of
2026, nearly forty New York State municipalities have adopted local laws implementing
moratoria on data centers. Others have implemented bans on data centers. And others have done
nothing. In light of the considerable uncertainty before the Town, the Board must consider what
action, if any, is in the best interests of the Town moving forward. The public input session will
help inform the Town Board’s decision.

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Section 5, Item a.

MOTION TO ENTER EXECUTIVE SESSION
Councilperson ________ moved to ENTER EXECUTIVE SESSION TO DISCUSS
___________________________________________________________________________
AT ___________ PM.
Councilperson ___________ seconded the motion.
All in Favor –
Opposed –
MOTION TO EXIT EXECUTIVE SESSION
Councilperson ________ moved to EXIT EXECUTIVE SESSION AT ________ PM.
Councilperson _______ seconded the motion.
All in Favor –
Opposed –
MOTION TO ADJOURN MEETING
Councilperson __________ moved to ADJOURN THE MEETING AT _______ PM.
Councilperson __________ seconded the motion.
All in Favor –
Opposed –

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