An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, providing for pause on data center proposals.

SENATE AMENDED
PRIOR PRINTER'S NOS. 3381, 3628, 3682 PRINTER'S NO. 3727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2496
Session of
2026
INTRODUCED BY FRIEL, DONAHUE, MULLINS, PIELLI, STEELE, HILL-
EVANS, VITALI, SAPPEY, HANBIDGE, BOROWSKI, SHUSTERMAN,
PASHINSKI, OTTEN, BOYD, BRIGGS, T. JONES, B. MILLER, WALSH,
PUGH, COOPER, CIRESI, SCOTT, FREEMAN, EMRICK, C. WILLIAMS,
KRUPA, KUTZ, M. MACKENZIE, M. BROWN, KAUFFMAN, STAATS,
GILLEN, KHAN, GAYDOS, GREEN, REICHARD, SHAFFER, KOZAK,
CEPEDA-FREYTIZ, BURNS, MADSEN, McNEILL AND SAMUELSON,
MAY 7, 2026
SENATOR KEEFER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
JUNE 30, 2026
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled
"An act to empower cities of the second class A, and third
class, boroughs, incorporated towns, townships of the first
and second classes including those within a county of the
second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," in general provisions, providing for pause on
data center proposals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The act of July 31, 1968 (P.L.805, No.247), known
as the Pennsylvania Municipalities Planning Code, is amended by
adding a section to read:
Section 111 . Pause on Data Center Proposals.--(a) The
governing body of a municipality may adopt a resolution at a
public meeting to impose a pause on the consideration of
ACCEPTING NEW LAND DEVELOPMENT applications for data center
developments under a land use ordinance. During the pause, the
number of days provided to satisfy time limits imposed by law in
review, hearing and decision on an application received after
the effective date of the pause shall be suspended and tolled as
of the date received and shall resume upon the expiration of the
pause.
(b) The duration of the pause may not exceed 180 days and
shall be retroactive to the time at which the governing body of
the municipality gave public notice of the meeting as required
under 65 Pa.C.S. § 709(c.1) (relating to public notice).
(c) A municipality may not consider an application for a
data center development by changing the agenda under 65 Pa.C.S.
§ 712.1(e) (relating to notification of agency business required
and exceptions).
(d) During the pause, the municipality may adopt, amend or
repeal provisions of a land use ordinance relating to data
center developments in accordance with law. An application for a
data center development submitted during the pause shall be
subject to the land use ordinance provisions as adopted, amended
or repealed by the municipality under this subsection. An
application that is submitted to the municipality during the
pause shall be deemed received the day after the pause ends. THE
FOLLOWING APPLY DURING THE PAUSE:
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(1) THE MUNICIPALITY MAY ADOPT, AMEND OR REPEAL PROVISIONS
OF A LAND USE ORDINANCE RELATING TO DATA CENTER DEVELOPMENTS IN
ACCORDANCE WITH LAW.
(2) AN APPLICATION FOR A DATA CENTER DEVELOPMENT SUBMITTED
DURING THE PAUSE SHALL BE SUBJECT TO THE LAND USE ORDINANCE
PROVISIONS AS ADOPTED, AMENDED OR REPEALED BY THE MUNICIPALITY
UNDER THIS SUBSECTION.
(3) AN APPLICATION THAT IS SUBMITTED TO THE MUNICIPALITY
DURING THE PAUSE SHALL BE DEEMED RECEIVED THE DAY AFTER THE
PAUSE ENDS.
(4) A PAUSE SHALL NOT APPLY TO SUBDIVISION AND LAND
DEVELOPMENT APPLICATIONS SUBMITTED PRIOR TO THE EFFECTIVE DATE
OF THE PAUSE PROVIDED FOR UNDER THIS SECTION.
(5) ALL APPLICATIONS SUBMITTED PRIOR TO THE EFFECTIVE DATE
OF THE PAUSE SHALL CONTINUE TO BE PROCESSED AND DECIDED IN
ACCORDANCE WITH THIS ACT AND APPLICABLE LOCAL ORDINANCES AND
ZONING LAW THAT EXISTED AT THE EXACT TIME THE APPLICATION WAS
RECEIVED BY THE MUNICIPALITY.
(E) A MUNICIPALITY HAVING UTILIZED THE PROCEDURES UNDER THIS
SECTION TO ADOPT A PAUSE ON DATA CENTER PROPOSALS MAY NOT AGAIN
UTILIZE THE SAME PROCEDURE FOR A 18-MONTH PERIOD FOLLOWING THE
FORMAL EXPIRATION OR REPEAL OF THE PAUSE.
(e) (F) Nothing in this section shall be construed to:
(1) Preempt, supersede, limit, impair or restrict the
authority of a municipality otherwise granted under this act or
a home rule charter.
(2) Prohibit a municipality from adopting, amending or
enforcing zoning, subdivision, land development, storm water,
environmental, public safety, water consumption, utility
infrastructure impact, buffering, landscaping, lighting, noise,
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screening, setbacks, building height or other land use
regulations applicable to data centers.
(3) Require a municipality to approve, or diminish the
authority of a municipality to deny, a data center application
that does not comply with applicable local ordinances.
(f) (G) The authorization to implement a pause under this
section shall not be construed as a limitation on the powers of
a city of the first class or second class under any other
statute or home rule charter notwithstanding the applicability
of this section in every part of this Commonwealth.
(g) (H) Nothing in this section shall be construed to
prevent a municipality from utilizing the procedures for
municipal curative amendments before, during or after a pause
under this section.
(h) (I) The intent of this section is to preserve and
strengthen local decision-making authority regarding the siting
and regulation of data centers and not to create any form of
State preemption of municipal land use authority.
(i) (J) 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:
"DATA CENTER." ALL OR PART OF A FACILITY COMPOSED OF ONE OR
MORE BUSINESSES, OWNERS OR TENANTS, AND THAT:
(1) IS PREDOMINANTLY USED TO HOUSE WORKING SERVERS OR
SIMILAR DATA STORAGE SYSTEMS;
(2) HAS AN UNINTERRUPTIBLE ENERGY SUPPLY OR GENERATOR BACKUP
POWER, OR BOTH, COOLING SYSTEMS, TOWERS OR OTHER TEMPERATURE
CONTROL INFRASTRUCTURE; OR
(3) HAS A PEAK DEMAND OF 25 MEGAWATTS OR GREATER.
"Municipality." A county, city, borough, incorporated town
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or township.
Section 2. This act shall take effect immediately.
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