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Ill. Governor Pauses Data Center Incentives as NY Lawmakers Pass One-Year Moratorium | Columbus Ohio Dump Trucks

Data Centers

Cities, states increasingly seek to regulate construction and operation of new data centers

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Beginning July 1, Illinois will pause processing of any applications for state data center tax incentives, while in New York, environmental permits for centers of at least 20 MW will not be granted for one year after Gov.

.Kathy Hochul signs legislation
June 5, 2026


Pushback against construction of new data centers continues in the Midwest and East as Illinois Gov. JB Pritzker (D) joins Ohio in suspending new tax incentives for data centers effective July 1, and New York legislators voted to approve a one-year moratorium on permits for facilities, to take effect after legislation is signed by Gov. Kathy Hochul (D)..

The Illinois tax incentive pause, which also calls for a study of the impact of existing data centers on energy, the economy and local communitiesm, comes after the legislature failed in its spring legislative session to advance the POWER Act, a Pritzker-backed bill that would have established new rules including prohibiting data centers from shifting costs to consumers and showing how they will power operations with new clean energy.

Illinois still has opportunities to lead in technological innovation and economic growth, says Pritzker, but it also has a responsibility to protect working families and local communities as the data center industry rapidly expands.

“I am directing my administration to pause the processing of data center agreements while we continue working with the General Assembly and stakeholders on a comprehensive framework that protects affordability, safeguards our natural resources, and ensures responsible growth across Illinois,” he said in a press release. “I look forward to continuing these conversations and getting this done the right way.”

Pritzker said conversations about reforming data center development and placing guardrails around the industry should include legislators, consumer advocates, labor organizations, environmental stakeholders, utilities, local governments and industry leaders.

As part of the proposed restrictions, the governor’s office says data centers must pay their fair share of electricity, water, and infrastructure costs through a dedicated rate class and cost allocation system; ensure grid reliability by requiring data centers to go temporarily black when they do not provide sufficient clean energy, and for facilities to generate or fund new clean energy resources to meet their own energy needs rather than shifting costs onto ratepayers.

In addition, data centers should obtain comprehensive water permits, disclose water use, and ensure their operations do not deplete Illinois water resources or pollute air. 

Pritzker also seeks a ban on non-disclosure agreements between data centers and local governments, requiring them to post public notice when applying for permits and mandating that they enter into dump trucks columbus oh community benefits agreements with the communities in which they are located and regularly report their energy and water use.

State records show 28 applications submitted for tax incentives between 2019 and 2024, with all but one approved for the program, according to the Data Center Investment Report. Developers and operators with projects in the state include Digital Realty, NTT, Microsoft, Equinix, Iron Mountain, Stack, CoreSite, T5, QTS, Aligned, CyrusOne, Serverfarm and EdgeConneX.

To qualify for Illinois’ current data center tax abatements, facilities must invest at least $250 million over 60 months and create a minimum of 20 high-paying jobs, while also meeting specified efficiency and sustainability standards. Eligible projects receive exemptions from multiple state and local taxes, with additional construction wage credits possible for projects in underserved areas.

As of May 2025, Illinois has 201 data centers, with investment totaling nearly $15.8 billion, according to the state.

Any pause in data center tax incentives had been opposed by Jack Lavin, president and CEO of the Chicagoland Chamber of Commerce, who previously issued a statement saying it “will eliminate a proven economic development tool.”

More States and Cites Adding Restrictions 

As ENR reported previously, Ohio Gov. Mike DeWine (R) paused his state's tax exemption for new data centers because costs had soared to over $1.5 billion in 2025 for the program.

Meanwhile, efforts to pause or prevent data center construction are gaining ground across the country. 

In the closely watched New York action, passed on June 4, the one-year moratorium will apply to permitting for data centers with peak demand of 20 MW or higher. The bill includes additional regulatory provisions, such as labor rules and energy efficiency standards that set a minimum requirement for renewable power use; a dump trucks columbus oh community benefit outlay and mandates for utilities to place large data centers in a separate service class.

The moratorium, which was lowered to one year from three in its original form earlier this year in a legislative compromise. Hochul told reporters in late May, prior to the bill's passage, that a ban required “not a statewide approach necessarily, but it’s something I’m looking at intensely.”

Meanwhile, In April, Maine's legislature passed an 18-month moratorium on development of 20-MW or larger data centers, but it was vetoed April 24 by Gov. Janet Mills (D), who had wanted a carveout for a $550-million data center redevelopment project in Jay, Maine. She did, however, sign into law a separate bill preventing data center projects from accessing state business development tax incentives.

In addition to New York and Maine, 14 states have introduced legislation calling for some ban on data center construction, according to the National Conference of State Legislatures. Of those, six have failed to pass. 

In the absence of statewide legislation, city and counties have been passing their own restrictions, including Denver in May. In Monterey Park, Calif., near Los Angeles, a ban proposal for a permanent data center ban was decided by voters June 2 through a ballot initiative—the first in the U.S. to have passed

Brian Turmail, vice president of association and brand Image for the AGC of America, notes in an email that “the politics vary from state to state as elected officials columbus oh dump truck work to balance the need for economic development with a growing backlash to new data center projects based on a lot of misinformation. How such a pause will impact Illinois’ ability to remain competitive and add new jobs remains to be seen.”

With new data centers driving much current demand for construction projects and employment, he adds, “imposing limits on new data center projects doesn’t just undermine needed upgrades to our technology infrastructure, it also threatens to undermine construction employment levels.” AGC is sharing information about economic benefits of data center projects with chapters and members, Turmail notes.

Pritzker's call to study tax incentives represents a turn-around. In 2019, he signed and promoted bipartisan tax credits intended to attract large data center investments, at the time highlighting their importance to the state’s infrastructure and economy.

Existing agreements under the Data Center Investment Program in Illinois will be honored, the governor's office said.

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Annemarie mannion

Annemarie Mannion is editor of ENR Midwest, which covers 11 states. She joined ENR in 2022 and reports from Chicago.

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