LYSANDER, N.Y. — New York’s pause on some permits for hyperscale data centers is not stopping every proposed project from moving forward.
Earlier this year, some Lysander neighbors started to grow concerned about the possibility of a data center being built at 22 Hencle Blvd. Citizens for Lysander said more than 200 people attended a meeting at Baker High School to learn what the state’s moratorium covers—and what can still happen while it is in effect.
State Sen. Kristen Gonzalez, who represents the 59th Senate District, said the one-year moratorium applies only to new state permits. It does not affect permits already issued or prevent local reviews from continuing.
“There is a one-year moratorium on permitting of big data centers by the state. That does not preclude local governments from moving forward in their local permitting process. And it also isn’t retroactive. We are only talking about new permits,” Gonzalez said.
Lysander has enacted its own six-month moratorium while the town reviews its code and considers potential regulations for data center projects.
Gonzalez also raised broader concerns about transparency during negotiations between developers and municipalities. She said some developers have asked local officials to sign nondisclosure agreements.
“They are asking local governments to sign nondisclosure agreements so that those officials can’t even talk to their own residents about what they’re negotiating behind closed doors,” Gonzalez said.
Gonzalez did not say that has happened in Lysander.
Organizers said questions about accountability can continue even after a project is approved, particularly if ownership or operation of a facility changes. Johanna Bock of Citizens for Lysander said the community wants to know who would ultimately be responsible for addressing potential concerns.
“The shell company aspect—where basically the Metas of the world can sell the data center to this shell corporation, which you don’t really know who’s running it. So we as a community could have issues and we wouldn’t have anywhere to go to,” Bock said.
State Sen. Rachel May, who represents the 48th Senate District, said municipalities could face costly legal challenges if they attempt to block a project or impose restrictions.
“The town boards are on the right side. They should be able to win those suits, but it’s expensive and the companies have a lot of money,” May said.
Statement from Town of Lysander Supervisor Kevin Rode:
To our knowledge, no permit or application has been requested of the NYSDEC specific to a data center on that parcel.Given no current applications are in front of the Town, or were before the Governors’ Executive Order, the Lysander Town Board firmly believes the Executive Order pause holds true in the Town of Lysander.
Editor’s note: This story has been updated to reflect more accurate information from the Lysander Town Supervisor.