PA Environment Digest Blog: PA Senate Republicans Introduce Bill To Eliminate Need For Any State Permits, Any Public Review Of Permits Before Construction Of A.I. Data Centers, Related Power Plants

On September 5, Senators Camera Bartolotta (R-Washington) and Patrick Stefano (R-Fayette) introduced Senate Bill 991 that would eliminate the need for any state permits before construction of A.I. data centers and related power plants.

Under the bill, all a data center developer would have to submit to DEP before site construction begins is a simple notice with the location of the center, information on energy source and capacity of any power generation facility, electric transmission infrastructure and local zoning clearance (if any).

An engineer must apply a seal to the information to certify (promise) that the basic information in the notice “meets or exceeds the standards required by all applicable laws and regulations to which the permit pertains.”

The developer is not required to submit any permit applications with the notice.

DEP is given three days to “confirm receipt” of the notice and issue a notice to proceed with site construction.

“After receipt of the notice to proceed, the applicant may begin site preparation, brownfield rehabilitation, demolition work, storm water installation, earthmoving and other preparatory site work, excluding building construction of the data center or associated power generation facility.”

Under phase 2 of the new process in the bill, data center developers must submit final designs and engineering plans for the center along with air quality permit applications (presumably for any power plants with the projects 60 days before construction begins.

This information again must be sealed by an engineer promising that they meet or exceed standards in applicable laws.

Within three days of receiving this information, DEP is required to “confirm receipt” of the information and must issue a notice to proceed with construction of the data center and power plant.

There is no reference to Chapter 102 (erosion and sedimentation) or Chapter 105 (floodway and encroachments) or any other permit applications that need to be completed or approved by DEP for these huge projects.

Public review is eliminated for any state permit applications before construction begins and not required for any information submitted under the bill.

DEP is authorized to inspect the data center site after the confirming receipt of the initial notice, and may issue an order to cease all work until a violation is corrected.

This accelerated permitting program would expire on December 31, 2040.

Click Here for a copy of Senate Bill 991.

The legislation was referred to the Senate Environmental Resources and Energy Committee for consideration.

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Resources & Energy Committee and can be contacted by calling 717-787-3280 or sending email to: gyaw@pasen.gov. Sen. Carolyn Comitta (D-Chester) serves as Minority Chair and can be contacted by calling 717-787-5709 or sending email to: senatorcomitta@pasenate.com.

Permits Eliminated By Senate Bill 991

If you want an idea of what state permits and public reviews are eliminated by this legislation before construction begins on A.I. data centers and associated power plants, DEP provided a guide to need permit approvals at an August 11 Senate Republican Policy Committee hearing.

"Data center development in Pennsylvania typically requires a range of environmental authorizations from the Department of Environmental Protection to be compliant with state and federal laws and regulations.

"These may include federal Clean Water Act Chapter 102 National Pollutant Discharge Elimination System (NPDES) permits for earth disturbance activities and postconstruction stormwater management (PCSM).

"If the project involves stream crossings or wetland impacts, Chapter 105 Water Obstruction and Encroachment Permits are necessary. Pennsylvania Act 537 Sewage Facilities Planning is required to address sewage disposal needs and accommodate any proposed wastewater discharges.

"Depending on water use, developers may also need approvals or dockets from the Delaware River Basin Commission (DRBC) or Susquehanna River Basin Commission (SRBC) for water withdrawals. Discharges from sewage, wastewater, or cooling water also require NPDES permits.

"On-site non-community drinking water systems must comply with the Safe Drinking Water Act. Construction of wastewater or sewage treatment facilities may require Water Quality Management (WQM) permits, and Storage Tank site specific installation permits (SSIPs) are required for aboveground tanks.

“In terms of air quality (AQ), facilities utilizing on site power generation and backup generators will need Air Quality Plan Approvals, Title V Operating Permits, or Minor Air Quality Plan Approvals, depending on the scale.

"Lastly, data center projects often involve coordination with multiple agencies, including the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, the Pennsylvania Fish and Boat Commission, and our County Conservation Districts.”

Under Senate Bill 991, none of these approvals would be required before construction begins on an A.I. data center and related power plants.

DEP recommended a series of steps to smooth permitting of these facilities without abandoning the need for permits or public review.

Click Here for a summary of DEP’s testimony.

Largest Construction Projects

A.I. data centers and associated power plants are some of the largest construction projects undertaken in Pennsylvania.

They can cover hundreds of acres and cost $250 million, $500 million and over $15 billion or more to build, based on proposals in Pennsylvania.

The proposed Homer City A.I. data center campus and associated 4.5 gigawatt natural gas power plant (potentially the largest in the state) will cover 3,200 acres. Read more here.

Resource Links - Data Centers:

-- Independent Fiscal Office: Residential Electricity Bills ‘Begin Surge:’ Natural Gas Prices Up 71%, PJM Prices Up Due To A.I. Data Center Demand [PaEN]

-- Senate Hearing: Susquehanna River Basin Commission - A.I. Data Centers Have A Dramatic Demand For Water, And The Potential To Be Among The Largest Water Consumers In The Basin [8.13.25]

-- Senate Hearing: To Communities Facing Rapid A.I. Data Center Development: Review Your Zoning Ordinance NOW, Before It's Too Late To Have Meaningful Siting, Mitigation Conversations [8.12.25]

-- Senate Hearing: DEP Primer: Recurring Challenges Of A.I. Data Centers: Frequent Site Plan Changes, Inconsistent Zoning, Outdated Sewage Facilities, Limited Community Outreach [8.12.25]

-- PJM Electricity Auction: PJM Lost 2.8 Gigawatts Of Power Due To Reduced Reliability Rating Of Natural Gas Power Plants; Could Gain 12.2 Gigawatts By Increasing Reliability From Less Than 75% Now To An Achievable 90% [7.31.25]

-- PJM Electric Auction Impacts: 1 In 5 PA Households Report Problems Now Paying Energy Bills; Electric Utility Shutoffs Up 38.1% So Far This Year [7.30.25]

-- PUC: Brace For Higher Electric Bills As A Result Of Soaring Power Use; Consumers Should Review Energy Options [7.25.25]

-- Guest Essay: Rewriting The Energy Story — Together - By Stephen M. DeFrank, Chairman, Pennsylvania Public Utility Commission [7.23.25]

-- What The A.I. Data Center & Energy Summit Missed: Exploding Electricity Demand Already Raising Prices - Ratepayers Need Protection; No Longer An ‘All Of The Above’ Energy Strategy [7.22.25]

-- What The A.I. Data Center & Energy Summit Missed: It’s Deja Vu - False Promises, Dirty Power - Our People And Communities Deserve Respect [7.22.25]