An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; in comprehensive plan, providing for comprehensive plan element for commercial data centers; and, in zoning, providing for zoning, commercial data centers and agricultural land protections and for zoning, commercial data centers, approval procedure and minimum standards.

PRINTER'S NO. 3402
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2516
Session of
2026
INTRODUCED BY WALSH, KRUPA, M. BROWN, MENTZER, COOPER AND PUGH,
MAY 13, 2026
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 13, 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, further providing for
definitions; in comprehensive plan, providing for
comprehensive plan element for commercial data centers; and,
in zoning, providing for zoning, commercial data centers and
agricultural land protections and for zoning, commercial data
centers, approval procedure and minimum standards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 107 of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code,
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is amended by adding definitions to read:
Section 107. Definitions.--(a) The following words and
phrases when used in this act shall have the meanings given to
them in this subsection unless the context clearly indicates
otherwise:
"Agricultural conservation easement," as defined in section 3
of the act of June 30, 1981 (P.L.128, No.43), known as the
"Agricultural Area Security Law."
* * *
"Agricultural security area," as defined in section 3 of the
"Agricultural Area Security Law."
* * *
"Commercial data center," a facility, campus of facilities or
array of interconnected facilities located within this
Commonwealth that:
(1) is predominantly used to house and operate equipment
that receives, stores, aggregates, manages, processes,
transforms, retrieves, researches or transmits data; and
(2) has a peak demand of 25 megawatts or greater.
* * *
Section 2. The act is amended by adding sections to read:
Section 301.6. Comprehensive Plan Element for Commercial
Data Centers.--If a municipality's comprehensive plan includes
commercial data centers, the plan shall identify:
(1) areas generally appropriate for the use of a data
center, including where public infrastructure and utility
capacity is available or planned; and
(2) agricultural resources to be avoided, including
prime agricultural land, agricultural security areas and land
subject to agricultural conservation easements.
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Section 603.2. Zoning; Commercial Data Centers; Agricultural
Land Protections.--(a) If a zoning ordinance authorizes
commercial data centers in any zoning district, the zoning
ordinance shall include standards that address:
(1) setbacks and buffering from residential uses;
(2) noise, lighting and landscaping mitigation;
(3) documentation evidencing adequate water supply,
sewage disposal and storm water management consistent with
applicable law, including identification of the proposed
source of water supply and any proposed groundwater
withdrawal and, where the tract is in active agricultural use
or adjoins land in active agricultural use, measures to avoid
or mitigate adverse impacts to existing water supplies and
private wells serving adjoining properties, including setback
or separation requirements for proposed water withdrawal
infrastructure;
(4) emergency response planning; and
(5) decommissioning, including standards for the removal
of structures and equipment and restoration of the site after
the commercial data center ceases operation.
(b) A zoning ordinance may not permit and no governing body
or zoning hearing board may approve, authorize or grant relief
to allow a commercial data center on a tract, lot or parcel that
is:
(1) within an agricultural security area; or
(2) subject to an agricultural conservation easement.
(c) Nothing in this section shall be construed to limit a
municipality from adopting more restrictive standards, including
overlay zoning districts or additional setbacks, consistent with
this act and other applicable law.
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Section 603.3. Zoning; Commercial Data Centers; Approval
Procedure and Minimum Standards.--(a) A commercial data center
shall not be permitted in a municipality unless the zoning
ordinance expressly authorizes the use in a zoning district and
includes standards consistent with section 603.2 and this
section. A municipality may authorize a commercial data center
as a conditional use or special exception under section 603(c).
Nothing in this section shall be construed to require a
municipality to permit, provide for or authorize a commercial
data center in any zoning district.
(b) Unless a municipality adopts a more restrictive
requirement, the zoning ordinance shall require:
(1) a setback of not less than 2,500 feet between any
principal building of a commercial data center and the
nearest boundary line of any parcel containing a dwelling or
zoned for residential use;
(2) a setback of not less than 300 feet from any public
road right-of-way;
(3) maximum height limits for principal buildings and
accessory structures;
(4) landscaping and screening to mitigate visual,
lighting and noise impacts, which may include evergreen
plantings, berms, fencing, walls or other durable screening
materials; and
(5) any other objective buffering, screening or height
requirements established by the municipality.
(c) In addition to the notice required under section 908 for
an application for conditional use or special exception approval
of a commercial data center, the municipality shall ensure the
following:
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(1) The applicant submits to the municipality, and the
municipality makes available for public inspection, a plain-
language project summary, including:
(i) the location and parcel identification of the
proposed site;
(ii) a general description of the proposed
development and phases, if any;
(iii) the anticipated peak demand stated in
megawatts and the anticipated source or sources of
electric supply;
(iv) the anticipated maximum daily water withdrawal,
diversion or consumptive use, if any, and the source or
sources of water supply;
(v) proposed measures for buffering, lighting and
noise mitigation;
(vi) any site plan, utility plan or other materials
required by the zoning ordinance to demonstrate
compliance with applicable setback, buffering, lighting,
noise, water, sewage, storm water and emergency response
standards; and
(vii) a statement indicating whether a Pennsylvania
Natural Diversity Inventory environmental review has been
initiated or completed for the proposed project area and,
if completed, a copy of the current Pennsylvania Natural
Diversity Inventory Project environmental review receipt.
(2) Written notice of the hearing is mailed to owners of
real property located within one mile of the boundaries of
the tract using addresses shown on county assessment rolls.
The municipality may require the applicant to supply the
mailing list and evidence of mailing.
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(3) A conspicuous notice is posted on the affected tract
not less than 30 days prior to the first hearing and
maintained through the date of the first hearing.
(d) In granting an approval under subsection (a), the
municipality:
(1) shall make findings that the application complies
with the zoning ordinance, section 603.2 and this section;
and
(2) may impose reasonable conditions and safeguards
authorized under section 603(c) to mitigate impacts.
(e) Following the public hearing required under section 609,
a municipality may prohibit commercial data centers in all
zoning districts if the governing body finds that the use would
be inconsistent with the municipality's statement of community
development objectives or would adversely affect public
infrastructure, emergency management services, natural resources
or the public's health, safety or general welfare.
Section 3. This act shall take effect in 60 days.
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