Pennsylvania Legislature Considers Data Center Regulations
The Pennsylvania Legislature is actively considering several bills aimed at regulating data center developments across the state. These proposals include requiring better emergency planning coordination, allowing municipalities to pause applications or enact moratoriums, and prohibiting local officials from signing non-disclosure agreements with developers. The legislative efforts seek to increase transparency and local control in response to growing public concern.
The Pennsylvania Legislature is actively addressing the growing public concern over data center developments, with several bills moving through the legislative process this week. While no comprehensive state-level regulation has been enacted, lawmakers are pursuing piecemeal, bipartisan efforts to grant local communities more control and ensure public safety.
One significant proposal, House Bill 2359, sponsored by Rep. Joe Ciresi (D-Montgomery), aims to prohibit local government officials from signing non-disclosure agreements with developers. Ciresi argued this bill would enhance transparency, allowing residents to understand projects being built in their communities. However, the bill faced opposition from Republicans, including Rep. Josh Kail (R-Beaver), who cited concerns about publicizing trade secrets and argued against restricting local officials' choices. Despite some disagreement, the bill passed the House and moved to the Senate with a 171-31 vote.
Another bill, House Bill 2535, introduced by Rep. Christina Sappey (D-Chester), seeks to improve emergency preparedness. It would require data centers to submit detailed floor plans and information on emergency systems to local officials for permit occupancy, with annual updates. This is intended to mitigate risks for first responders. Rep. Greg Scott (D-Montgomery) highlighted potential financial burdens on underfunded fire departments, while Rep. Michael Stender (R-Northumberland) expressed less concern, citing existing building codes and sprinkler effectiveness. This bill passed the Veterans Affairs & Emergency Preparedness Committee 25-1.
Additionally, two bills designed to empower municipalities to pause or place moratoriums on data center applications advanced from the Senate Local Government Committee. House Bill 2496, sponsored by Rep. Paul Friel, would allow a 180-day hold on zoning applications, while Senate Bill 1345, by Sen. Jarrett Coleman (R-Lehigh), proposes an 18-month moratorium specifically for hyperscale data center applications, requiring a stated reason such as developing new ordinances or analyzing utility impacts. Senator Patty Kim (D-Dauphin) raised constitutional concerns, referencing a recently reversed moratorium in Texas due to a developer's lawsuit. Both bills now await consideration by the full Senate.