Gov. Josh Shapiro expected to sign executive order restricting data center development in Pennsylvania

Pennsylvania Governor Josh Shapiro is anticipated to sign a comprehensive executive order that will significantly tighten regulations on data center development throughout the state. This move marks a notable policy reversal for the first-term Democratic governor, who previously supported such projects, including a $20 billion investment from Amazon for facilities in Bucks and Luzerne Counties. His shift comes amid escalating bipartisan opposition to data centers across the state.

The upcoming executive order, while not imposing a full moratorium, will require all data center projects to secure local approvals before obtaining state permits, effectively impeding many proposed developments. It will also mandate compliance with Shapiro's "Governor’s Responsible Infrastructure Development" (GRID) standards, which previously failed to pass the General Assembly as voluntary incentives. Key provisions include removing all data center projects, including Amazon's, from the state's fast-track permitting program and prohibiting state agencies from using non-disclosure agreements related to these projects.

Furthermore, the order will compel developers to enter legally binding agreements to meet transparency and environmental criteria, such as water conservation and early public notification. It will require projects to provide their own electricity generation, cover increased energy costs, and implement community-benefit agreements focused on local hiring, training, and infrastructure investments. The Department of Environmental Protection will also be tasked with publishing a public map of all proposed data center permitting information. This executive action underscores Pennsylvania’s constitutional environmental rights, a focal point for residents opposing large-scale data center builds, particularly in areas like Archbald and Montgomery County.