Home Rule at Stake in Data Center Debate

The debate over data centers extends far beyond questions of electricity demand, water usage and neighborhood impacts. At its core, it is a fight over who should control land-use in New York: local governments or Albany.

Brookhaven Town recently imposed an 18-month moratorium on data center applications, giving officials time to study the potential effects of the facilities on the electric grid, water resources and surrounding communities before deciding whether and where they should be permitted.

Supporters of home rule argue that is exactly how the process should work. Rather than having state politicians dictate policy through a statewide moratorium or other mandates, they say each community should determine for itself whether data centers are appropriate based on local conditions, infrastructure and public sentiment.

Assemblyman Joseph DeStefano said land-use decisions should remain in the hands of local elected officials.

“I’ve always believed that land-use and zoning decisions belong to local governments—not Albany,” DeStefano said. “Towns and counties know what’s best for their communities, and they should have the authority to decide what development is appropriate within their borders.”

The issue also revives concerns raised when Gov. Kathy Hochul sought to override local zoning authority by requiring communities to permit higher-density housing near Long Island Rail Road stations and other areas designated by the state. That proposal was met with widespread opposition from suburban towns and villages, which argued Albany was attempting to usurp one of local government’s most fundamental responsibilities.

DeStefano said the same principle applies to data centers.

“We’ve already fought back against Albany’s attempts to usurp local zoning,” he said. “I opposed those efforts because I believe in home rule, and I believe the same principle applies here.”

He also argued that a statewide policy could deprive economically distressed upstate communities of projects they actively want. Some municipalities have the electrical capacity, water resources and workforce needed to support data centers and view them as a source of union construction jobs, permanent employment and private investment.

“Every community is different,” DeStefano said. “Some may determine that data centers are not the right fit. Others may welcome them. That’s exactly why these decisions should remain in the hands of local governments, where they belong—not politicians in Albany.”