Pennsylvania Data Center Siting and Permitting Act is Likely to Cause Confusion

Pennsylvania Data Center Siting and Permitting Act is Likely to Cause Confusion

News ClipJD Supra·PA·10/21/2025

The Pennsylvania Senate Bill 991, the 'Data Center Siting and Permitting Act', aims to reduce red tape and attract data center investment to the state. However, the bill has flaws that could create more legal ambiguity than regulatory relief. The bill lacks clear definitions, timelines, and processes, leaving property owners and developers uncertain about requirements. While the goal is reasonable, the bill's implementation raises concerns about political influence, taxpayer-funded due diligence, and contradictory provisions.

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Gov: Pennsylvania Department of Environmental Protection, Governor's Office
Pennsylvania's proposed "Data Center Siting and Permitting Act" aims to streamline the process for data center development, but contains flaws that could create more confusion than clarity. The bill proposes a list of "preapproved" sites, including decommissioned power plants, that would benefit from expedited permit reviews by the Department of Environmental Protection (DEP). However, the bill lacks details on site selection criteria and the extent of the DEP's investigative work that would be provided to developers. The bill also introduces uncertainty around which permits are required and who can certify that application materials meet regulatory standards. Overall, the legislation's goal of attracting data center investment in Pennsylvania is reasonable, but the bill's internal contradictions and lack of specifics may deter development rather than eliminate "red tape".