PA Legislature wrestles with how to handle data center developments
The Pennsylvania Legislature is actively considering several bills to regulate data center development, addressing public opposition and municipal concerns. Proposed legislation includes requirements for emergency planning, restrictions on non-disclosure agreements for local officials, and the ability for municipalities to enact temporary development pauses or moratoriums.
Pennsylvania state legislators are currently debating several bills aimed at regulating the burgeoning data center industry, as public opinion in parts of the commonwealth turns against such developments. Four key bills moved through the legislative process this week with broad bipartisan support.
One proposal, House Bill 2359, sponsored by Rep. Joe Ciresi (D-Montgomery), seeks to prohibit local government officials from signing non-disclosure agreements (NDAs) related to data center projects, a measure that faced significant Republican opposition over concerns about publicizing trade secrets. However, the bill was passed to the Senate with a 171-31 vote. Another bill, House Bill 2535 by Rep. Christina Sappey (D-Chester), passed the Veterans Affairs & Emergency Preparedness Committee on a 25-1 vote, aiming to improve first responder safety by requiring data centers to submit floor plans and emergency information to local officials, with annual updates and a $10,000 penalty for non-compliance.
Lawmakers are also advancing two bills that would empower municipalities to temporarily pause data center applications. House Bill 2496, sponsored by Rep. Paul Friel, would allow municipalities to hold zoning applications for 180 days, and was passed by the House 201-1 and then amended and passed unanimously by the Senate Local Government Committee. Senate Bill 1345, sponsored by Sen. Jarrett Coleman (R-Lehigh), proposes an 18-month moratorium option for hyperscale data center applications, allowing time for communities to develop appropriate zoning ordinances and analyze impacts on power and water supplies. This bill passed its committee 10-1 and now moves to the full Senate, despite an amendment to extend the moratorium to three years being rejected.