Pennsylvania Legislature Debates Data Center Regulations
The Pennsylvania legislature is considering several bills to regulate data center development across the commonwealth. These proposals aim to enhance local control, improve emergency preparedness, increase transparency by limiting non-disclosure agreements, and allow municipalities to impose temporary moratoriums. The bills reflect growing public concern over data center impacts.
HARRISBURG, PA – The Pennsylvania legislature is actively debating a series of bills aimed at regulating the rapid growth of data center developments across the commonwealth, spurred by souring public opinion and an influx of applications in suburban and rural communities. Lawmakers are focusing on bipartisan efforts to address concerns about the industry's local impacts.
One significant proposal, House Bill 2359, championed by Rep. Joe Ciresi (D-Montgomery), seeks to prohibit local government officials from signing non-disclosure agreements (NDAs) with data center developers. Proponents argue this would increase transparency for residents regarding new projects. However, the bill faced opposition from Republicans, including Rep. Josh Kail (R-Beaver), who cited concerns about protecting trade secrets and preserving local control over NDA decisions. Despite the pushback, the bill passed the House with a 171-31 vote and moved to the Senate.
Another bill, House Bill 2535, sponsored by Rep. Christina Sappey (D-Chester), addresses emergency preparedness. It would require data centers to submit floor plans and internal information, including emergency shutoff switches and fire suppression details, to local first responders as a condition for an occupancy permit. The bill, which passed the Veterans Affairs & Emergency Preparedness Committee 25-1, aims to mitigate risks, though Rep. Greg Scott (D-Montgomery) raised concerns about potential financial burdens on underfunded fire departments, while Rep. Michael Stender (R-Northumberland) suggested existing building codes were sufficient.
Additionally, two bills allowing municipalities to pause data center applications gained traction. Rep. Paul Friel's House Bill 2496, which passed the House 201-1 and was unanimously approved by the Senate after amendments, would allow municipalities to hold zoning applications for 180 days. Senate Bill 1345, introduced by Sen. Jarrett Coleman (R-Lehigh), proposes a longer moratorium of up to 18 months specifically for hyperscale data center applications, requiring a specific reason such as developing new ordinances or analyzing utility impacts. Sen. Patty Kim (D-Dauphin) expressed constitutional concerns, referencing a recent lawsuit over a similar moratorium in Texas. Both moratorium bills are now awaiting further consideration in the full Senate.