The bills include--
-- Up To 18 Month Moratorium: Senate Bill 1345 (Coleman-R-Bucks) authorizing individual municipalities to adopt a temporary moratorium of up to 18 months on consideration of data center proposals.
Sen. Rosemary Brown (R-Lackawanna) offered a gut and replace amendment that would have put the provisions of Senate Bill 1359 enacting a three-year statewide moratorium on consideration of A.I. data centers in place of the existing provisions.
Senate Bill 1359 is as bipartisan bill sponsored by Sen. Katie Muth (D-Chester), Sen. Brown and others.
The Committee voted down the amendment by a vote of 2 to 9, with Sen. Brown and Sen. Carolyn Comitta (D-Chester) supporting the amendment
The bill was reported out of Committee by a vote of 10 to 1-- Sen. Timothy Kearney (D-Delaware) opposing.
-- Up to 6 Month Moratorium: House Bill 2496 (Friel-D-Chester) authorizing individual municipalities to adopt a temporary moratorium of up to 6 months on consideration of data center proposals.
Sen. Dawn Keefer (R-York), Majority Chair of the Committee, offered an amendment to the bill clarifying the pause would only apply to new data center land development applications and language better defining when a moratorium can be reenacted. The amendment was approved unanimously.
The amended bill was reported out of Committee by a unanimous 11 to 0 vote.
Both bills were re-referred to the Senate Rules Committee.
Click Here to watch a video of the Committee meeting.
Senate Bill 1345 - 18 Month Moratorium
Sen. Jarrett Coleman (R-Lackawann), prime sponsor of Senate Bill 1345, introduced the bill by saying-- “The construction of hyperscale data centers has become a lightning rod in many of the communities we represent, mine as well.
“I have concerns about the overall impact these projects will have on Pennsylvania, especially when it comes to energy costs and water usage.
“I also hear from constituents about how data centers affect their quality of life, noise levels, pollution from onsite power generation, and the loss of the scenic beauty they've come to enjoy.
“ Our Commonwealth has a long history of letting local communities make decisions about development within their borders and property owners hold certain inalienable rights that must be respected.
“Senate Bill 1345 is my attempt to balance those sometimes competing interests. This bill amends the municipalities planning code to give municipalities not mandate, but to give them the option to place a moratorium on new applications for high impact data centers defined as projects with a critical IT load of 25 megawatts or higher.
“That moratorium can last up to 18 months and it must be used to do something specific, develop local ordinances that address these hyperscale projects head on, power supply, water consumption, noise, and setbacks among other things.
“Data centers themselves aren't new. What's new is the scale. Projects of this size demand real time and attention to make sure everything from emergency service capacity to infrastructure adequacy is considered thoughtfully not after the fact.
“Our communities need some breathing room. Frankly, so does this commonwealth.
“We have a chance now to get data center development right. Senate Bill 1345 gives our municipalities the officials closest to these projects and most accountable to the people living next to them, the tool they need to make that happen.”
Sen. Rosemary Brown (R-Lackawanna) introduced her amendment to replace the provisions now in the bill with a three-year statewide moratorium by saying--
“Let me first offer you the why to my amendment and I don't think my comments and amendment will be a surprise to anyone on this Committee as I have been extremely vocal about the data center issue and my concerns.
“This is an extremely important issue facing communities across Pennsylvania, especially those in the Northeastern Pennsylvania area, which is my district.
“Our Commonwealth has become an epicenter of the data center boom in the United States with more than 50 major data center projects proposed or under development.
“In Archibald Borough and Lackawanna County alone, there are six proposed campuses totaling 51 massive buildings, the highest concentration proposed in any municipality in the Commonwealth.
“Collectively, these developments would occupy approximately 14% of the town, displaced residents from an existing mobile park, become the backyard landscaping of established neighborhoods, change the hometown character and feel of this community and more.
“One campus alone is projected to require more electricity than the region's largest power plant currently generates.
“These are unprecedented projects as was mentioned by the prime sponsor of this bill and they require an unprecedented level of planning, oversight, public engagement, and most importantly, public protection.
“That brings me to the fundamental purpose of Senate Bill 1345 sponsored by Senator Coleman.
“It acknowledges that reality that local government is on the front lines and land use decisions are their priority.
“Municipal officials are the ones reviewing applications, updating zoning ordinances, and ultimately making these decisions.
“Unfortunately, I have seen too many municipalities caught off guard, unprepared and without the tools necessary to evaluate projects of this magnitude.
“The local government process has failed my communities in these situations. Data center proposals are unlike anything many local governments have encountered before.
“They involve complex questions surrounding energy demand, water usage, infrastructure, environmental impacts, and long-term community and state planning, which is why I do support the concept of Senate Bill 1345.
“But because of what I have seen, what I have experienced and what my people have experienced and what I hear from my constituents, I am offering Amendment 04084 as a much stronger option.
“This is a gut and replace amendment that incorporates the language of Senate Bill 1359, which I co-sponsor alongside Senator Muth.
“This amendment would establish a true three-year moratorium, statewide moratorium, providing the Commonwealth and our municipalities the necessary time to develop comprehensive enforceable protections before additional hyperscale data center projects move forward.
“And again, we only have one time to do this right.”
Sen. Patty Kim (D-Dauphin), Minority Chair of the Committee, opposed the amendment saying she feared a data center developer lawsuit challenging a moratorium like the one being proposed--
“I am sympathetic to the concerns that's happening all over Pennsylvania. I believe we need to do something and I look forward to passing these bills, but I do have some concerns with your amendment, Senator Brown.
“And instead of asking you pointed questions, I just want to give you a sample of the questions that are swirling my mind.
“You can answer them, you don't have to, but my concerns are how do you reconcile the fact that the MPC [Municipalities Planning Code] requires municipalities to allow for every use and we are looking at locking out one use for three years.
“Another question that I have is, do you have any constitutional concerns that a three-year moratorium could be challenged as being unconstitutional, null avoid on the grounds that it limits on local zoning, violates municipalities to private rights to substantive due process?
“And then I also like to just note for the record that Hill County, Texas put in a one-year moratorium.
“They were sued for $100 million, was challenged, and had to rescind that one-year moratorium. And I don't want to see that for Pennsylvania.
“Sen. Brown, any comments on those questions that I have.”
Sen. Brown responded by saying-- “Absolutely. I think there are concerns with anything that we do on this issue, but I think when you look at constitutionality, we always have to have, when we vote on things, those thought processes with the MPC and having the use among every type of industry, but I do think that the residents deserve constitutionality more than anyone at this point.
“And there has to be a way that we can figure this out and do it better.
“And I think that that is the point of the moratorium to say we have our MPC, we have all these rules and regulations that we do try to follow, but right now it's not working for some reason.
“And I think that that's what we need to figure out and that is the idea behind the moratorium is what failed us in our normal process of constitutionality, what failed us in our normal process of local government that we all support so much in Pennsylvania and how do these hyperscale centers end up in the backyard of housing developments when they should be truly industrial or on brownfield zones or other areas?
“That is the question and that is the mission behind the moratorium to say it [MPC] failed us in this process and why. And we need to take a step back and do it right.
“So I can dig deeper into some of those case law pieces for you and look more at the MPC and some of those detailed questions, but that is the heart of what failed us and how do we fix that?”
Sen. Kim said in response-- “Sen. Brown, I appreciate your response. I think we do need more time to dig. I personally think three years is too long.
“I think that there's a loss of local control and that we should not rush this, but have a hearing and have a longer discussion.”
Sen. James Malone (D-Lancaster) also opposed the three-year moratorium amendment--
“I just want to comment-- in the industry I worked in, we would often say-- “Lacking motivation, work will meet the timeline.”
“My heavy concern with all of these eight months, 18 months, 33 years [moratoriums] is that what you'll end up having is stuff put off and not dealt with until the end.
“At least with an optional six months, three months, something like that, the local government retains control and they have to get the work done. That's all I've got to say.”
Sen. Dawn Keefer (R-York), Majority Chair, said-- “So I would like to say land use constitutionally is local.
“And so while I certainly appreciate Senator Brown's concerns and issues that she's having in her district, I believe the decision needs to remain local.
“That's what our elected officials are there to do and this bill would give them some of that room.
“It's optional. They can elect to set the pause button to make sure that they have their policies in place to move forward with this type of development, but the state coming in and usurping those local powers I believe is not constitutional.”
House Bill 2496 - 6 Month Moratorium
Rep. Paul Friel (D-Chester), prime sponsor of House Bill 2496, introduced the bill saying-- “As has already been said, across Pennsylvania, municipalities are seeing dramatic increase in proposals for large scale data centers.
“We're told these facilities can bring economic opportunities, investment.
“However, they also present unique challenges related to land use, energy consumption, water resources, infrastructure demands, emergency services, and the character of the communities in which they will be located.
“The reality is that many of our local governments are being asked to evaluate these proposals before they've had sufficient time to understand their impacts or develop appropriate zoning ordinances tailored to this rapidly evolving industry.
“House Bill 2496 provides a practical and balanced solution.
“This legislation gives municipalities the option to establish a temporary 180-day hold on data center applications while they review local conditions, engage residents and develop appropriate zoning standards that will hold up under legal scrutiny when these are inevitably challenged in court.
“This bill is not pro - data center, is also not against data centers. What it does instead is empowers our local communities.
“Our local governments need to make informed decisions and ensure that growth occurs responsibly in a manner that reflects the needs of each of our communities.
“And I think that is consistent with, well, we do zoning here in Pennsylvania.
“Pennsylvania should welcome innovation and investment, but we should also ensure that our municipalities have the tools and time necessary to protect public safety, infrastructure, and quality of life.
“What we've tried to do with House Bill 2496 is strike that balance between respecting local control, promoting thoughtful planning, and making sure that this is going to hold up under scrutiny and under legal challenges, which are inevitably going to come with this onslaught from the industry.
“So I think when you look at what we've tried to do with [House Bill] 2496-- in conjunction with some of the other bills we've moved around data centers-- is present a complete package and this particular piece is putting the pause on.
“We've [PA House] also passed bills to try to manage water consumption and transparency with elimination of the NDAs [nondisclosure agreements].
“We also passed consumer protection bills around data centers.
“And taken as a whole, this is in our approach-- to divide and conquer and put pieces of legislation together that will be effective for our local communities to use, protect our local residents and not be tied up in court endlessly.
“So with that, I respectfully ask for your vote.”
Sen. Dawn Keefer (R-York), Majority Chair, proposed an amendment to the bill-- ”This amendment clarifies the pause can only apply to new data center land development applications. The amendment also includes additional clarifying language on when a municipality can reenact a pause after it expires.”
Rep. Friel supported the amendment saying-- “I think this amendment is consistent with the intent of the underlying bill, so I'm supportive.”
Click Here to watch a video of the Committee meeting.
Sen. Dawn Keefer (R-York) serves as Majority Chair of the Senate Local Government Committee and Sen. Patty Kim (D-Dauphin) serves as Minority Chair.
Resource Link:
NewsClip:
-- The Center Square: Individual Municipal A.I. Data Center Moratoriums Get Support In Republican-Run PA Senate
[Posted: June 30, 2026] PA Environment Digest
No comments :
Post a Comment