An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in water resources planning, further providing for State water plan and providing for covered data centers; and promulgating regulations.

PRINTER'S NO. 2937
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2246
Session of
2026
INTRODUCED BY WEBSTER, WAXMAN, PROKOPIAK, HILL-EVANS, PROBST,
HADDOCK, RIVERA, VITALI, SAPPEY, BURGOS, MAYES, BOROWSKI,
SANCHEZ, MALAGARI, DONAHUE, CEPEDA-FREYTIZ, BOYD, STEELE,
FRANKEL, SCOTT AND FREEMAN, FEBRUARY 24, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 25, 2026
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in water resources planning, further
providing for State water plan and providing for covered data
centers; and promulgating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3111(c) of Title 27 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3111. State water plan.
* * *
(c) Limitation of authority.--[Nothing] Except as provided
under section 3118.1 (relating to covered data centers), nothing
contained in this chapter shall be construed to authorize,
expand or diminish the existing authority of the department,
including the Environmental Quality Board, to regulate, control
or require permits for the withdrawal or use of water.
Section 2. Title 27 is amended by adding a section to read:
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§ 3118.1. Covered data centers.
(a) Department powers.--Subject to the provisions of section
501 of the act of June 22, 1937 (P.L.1987, No.394), known as The
Clean Streams Law, in order to implement the provisions of this
section, the department may:
(1) require notification and reporting from a covered
data center related to water use and water withdrawals;
(2) require additional conditions for a permit issued
under section 402 of The Clean Streams Law to a covered data
center;
(3) monitor water withdrawals by a covered data center;
and
(4) coordinate with other governmental bodies as
necessary to implement the provisions of this section.
(b) Preapplication notification.--
(1) In addition to any other requirements under Federal
or State law, a person who is developing a covered data
center project shall notify the department in a form and
manner prescribed by the department.
(2) Upon receipt of the notice under paragraph (1), the
department shall require a covered data center to report
additional information to assess the ability of a water
source to adequately meet the water use needs of the project
at a proposed location. Information requested by the
department shall include:
(i) A description of the proposed covered data
center project and how water will be used.
(ii) Daily, monthly and annual estimated maximum
water use and discharge rates and volumes.
(iii) The anticipated water source.
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(iv) Evidence that the proposed withdrawal will not
adversely affect the quantity or quality of water for
other uses or users and that the designations and uses of
the source water body will be maintained.
(v) Water quality and temperature requirements for
both intake and discharge.
(vi) Additional necessary information as determined
by the department.
(3) The department shall review and evaluate the
information supplied under paragraph (2) and provide a
written response within 30 days, which may be transmitted
electronically, describing the potential water availability
constraints at each proposed site.
(c) Additional permit considerations.--
(1) When issuing a new or modified permit under section
402 of The Clean Streams Law to a covered data center, the
department shall ensure that:
(i) adequate protections for the environment, water
quality, public health and public safety are maintained;
(ii) water quality, water quantity and affordability
for customers of a public water system and adjacent water
users, including private wells, are not adversely
impacted by the covered data center;
(iii) the quantity of water available is sufficient
to support the use by the covered data center;
(iv) water use conflicts are addressed consistent
with relevant State and local law; and
(v) technologies and other measures that promote
water conservation are considered, including, but not
limited to:
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(A) using water efficient fixtures and
practices;
(B) recycling water before discharging;
(C) partnering with local water utilities to use
discharged water from the covered data center;
(D) using reclaimed water;
(E) installing closed-loop systems; and
(F) supporting water restoration and
replenishment in local watersheds.
(2) The department shall require a permit applicant to
conduct an aquifer test if the department determines that the
test results are necessary in order to ensure compliance with
this subsection.
(3) If the covered data center is within the
jurisdiction of a river basin commission, the department
shall require a permit applicant under this section to obtain
approval from the relevant river basin commission prior to
commencing water withdrawals.
(d) Coordination.--The department shall consult and
coordinate with other Commonwealth agencies, the Pennsylvania
Public Utility Commission, municipalities, river basin
commissions and county conservation districts as needed when
reviewing or evaluating a project under this section.
(e) Denial.--The department shall deny any request if the
department finds that there is a reasonably foreseeable risk of
adverse impact to adjacent water users, waters of the
Commonwealth, wetlands or any other water use as shall be
prescribed by the department through promulgation of regulations
under this section.
(f) Monitoring.--
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(1) The department shall require monitoring of water
sources, including both surface and groundwater sources, for
any adverse impact after construction is complete.
(2) If there is an adverse impact to adjacent water
users, waters of the Commonwealth, wetlands or other water
use, the department shall require the covered data center to
temporarily cease withdrawal until the adverse impact is
remedied.
(g) Forms.--The department shall publish and make available
all forms created in accordance with this section on the
department's publicly accessible Internet website.
(h) Fee.--
(1) The department may charge a fee in an amount set by
the Environmental Quality Board that is reasonably sufficient
to maintain the duties necessary to implement this section.
(2) Revenue from the fee collected in paragraph (1)
shall be deposited into The Clean Water Fund. The money
deposited into The Clean Water Fund shall be used by the
department exclusively for the administration and enforcement
of this section.
(i) Regulations.--
(1) The Environmental Quality Board shall promulgate
regulations as necessary to implement this section.
(2) In order to facilitate the prompt implementation of
this section, the Environmental Quality Board shall
promulgate temporary regulations that shall expire no later
than two years following the publication of the temporary
regulations. The temporary regulations shall not be subject
to:
(i) Section 612 of the act of April 9, 1929
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(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) The Environmental Quality Board's authority to adopt
temporary regulations under this subsection shall expire two
years after the effective date of this paragraph. Regulations
adopted after this period shall be promulgated as provided by
law before the expiration of the temporary regulations under
paragraph (2).
(j) Prohibition.--Nothing in this section shall be construed
to limit any existing department duty or requirement.
(k) Appeals.--Any determination by the department under this
section may be appealed in accordance with the act of July 13,
1988 (P.L.530, No.94), known as the Environmental Hearing Board
Act.
(l) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Covered data center." All or part of a facility that:
(1) is composed of one or more businesses, owners or
tenants;
(2) is predominantly used to house working servers or
similar data storage systems;
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(3) may have uninterruptible energy supply or generator
backup power, or both, cooling systems, towers and other
temperature control infrastructure; and
(4) has a proposed consumptive use of water exceeding
100,000 gallons per day over a period of 30 days.
Section 3. This act shall take effect in 60 days.
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