Buffalo delays data center moratorium vote, creates 9-member task force

BUFFALO, N.Y. — Buffalo lawmakers are moving closer to putting a two-year pause on new data centers and cryptocurrency facilities. The Common Council agreed on Tuesday to move forward with a two-year moratorium, but with an amendment creating a new nine-member task force to study how the city should regulate the industry. The amended resolution is expected to come back for a full vote in about two weeks.

According to Majority Leader Leah Halton-Pope, the goal is to use the proposed pause to update Buffalo's zoning and other rules before new facilities can move forward.

"This would require that this task force is put together," said Halton-Pope. "Subject matter experts will be looking at the city planner, climate action manager and other community members."

Halton-Pope said the group would bring different perspectives to the table, including environmental advocates, residents and the business community. She said the idea is to find a middle ground while making sure the city's rules keep up with an industry that's changing quickly.

"I always believe there's a middle ground," said Halton-Pope. "And I think when you have one group of individuals over another, then we may see that middle ground. So it's important to have a business community, subject matter expert."

The resolution's sponsor, North District Councilmember Joseph Golombek, said Tuesday's action is a compromise, giving the city time to address what he said are gaps in its current zoning code.

"I think that it's a good compromise for us, too," said Golombek. "Rather than doing nothing about data centers, we're going to take a look and we're going to update our codes, our ordinances, so that residents in the city of Buffalo can be assured that we're trying to do what's best for them."

But the debate isn't only happening in Buffalo. Onondaga County Executive and New York State Association of Counties member Ryan McMahon said local governments and the companies building these facilities are now trying to figure out how to balance the need for data infrastructure with community concerns.

"This is a moment in time where I think the developers and the companies that are building these facilities that keep all of our data, we know they need to be in this country, but they have to be done right. And I think there’s a little bit of a reckoning going on between the corporate world and local governments," he said.

For community advocate and Push Buffalo climate justice organizer Majadi Baruti, the concern is making sure Buffalo’s existing neighborhoods aren't the ones carrying the cost.

"Whose pipes are the oldest in any community in this country? Whose neighborhoods have already been asked to sacrifice?" said Baruti.

For Golombek, the ultimate goal is to make sure Buffalo isn't simply saying no to new technology, but that the city knows exactly how it wants to regulate it.

"Everybody’s got their own little spin to it, and I have to listen to everybody and come up with some sort of a conclusion," said Golombek.

If approved, the task force would then have the bulk of those two years to develop recommendations for new zoning and regulations. The goal is to have those recommendations in place before the proposed moratorium expires.

In a statement, Buffalo Mayor Sean Ryan says he shares many of the same concerns and that the city needs safeguards in place when it comes to data centers.

"I share the Common Council’s concerns about the impact large data centers could have on our neighborhoods, utility costs, and water and electrical systems. We need clear safeguards that put Buffalo residents first. That’s why I have supported the Responsible Data Center Development Act, and why my administration was developing a local moratorium before the State took action. We need to understand the full impact of these facilities and ensure strong standards are in place to protect our community. We are reviewing the Council’s resolution with Corporation Counsel, and I will consider that legal guidance before determining how to proceed."

Gov. Kathy Hochul signed a statewide one-year moratorium in July.