Read the full stored bill text
PRINTER'S NO. 3435
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2535
Session of
2026
INTRODUCED BY SAPPEY, WAXMAN, PROKOPIAK, HILL-EVANS, PROBST,
WEBSTER, MAYES, BOROWSKI, SHUSTERMAN, SANCHEZ, DONAHUE,
CEPEDA-FREYTIZ, BOYD, STEELE, SCOTT AND MADSEN, MAY 26, 2026
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 27, 2026
AN ACT
Providing for the public safety regulation of large load users;
requiring the submission of emergency operations plans and
generalized infrastructure inventories as a condition of
occupancy; protecting confidential security information; and
providing for enforcement and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Commercial
Data Center Public Safety Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Building code official." A construction code official
certified in accordance with the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act, to administer and enforce the Uniform Construction Code.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
"Emergency operations floor plan." A schematic document
indicating the spatial layout of a large load user that
identifies the:
(1) Location of all emergency power shutoff switches.
(2) Aisle containment systems and egress paths.
(3) Battery storage rooms, including battery chemistry
types.
(4) Fire suppression system zones and manual activation
points.
(5) Locations of bulk storage for cooling agents,
refrigerants or diesel fuel.
"Generalized infrastructure inventory." A nonproprietary
summary of the physical assets within the facility that pose
potential thermal or chemical hazards, including:
(1) The aggregate quantity and chemistry of
uninterruptible power supply battery systems.
(2) The type and volume of cooling agents or
refrigerants used in thermal management systems.
(3) The approximate density of server racks per square
foot.
(4) The presence of any immersion cooling systems
involving dielectric fluids.
"Large load user." A facility, campus of facilities or array
of interconnected facilities in this Commonwealth that meets all
of the following criteria:
(1) Is used by a business entity or other enterprise to
operate, manage or maintain a computer, group of computers or
other organized assembly of hardware and software for the
primary purpose of processing, storing, retrieving or
transmitting data.
20260HB2535PN3435 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Has a peak demand of 25 megawatts or greater.
"Local fire official." All of the following that have
primary jurisdiction over the municipality in which the large
load user is located:
(1) The county emergency management coordinator.
(2) The local emergency management coordinator.
(3) The fire chief or designated officer in charge of
the fire department or volunteer fire company.
Section 3. Conditions for certificate of occupancy.
(a) Requirement.--A building code official may not issue a
certificate of occupancy for a large load user unless the
applicant has demonstrated compliance with the reporting
requirements of this section and with the act of November 10,
1999 (P.L.491, No.45), known as the Pennsylvania Construction
Code Act.
(b) Submission to local fire official.--Prior to the
issuance of a certificate of occupancy, the owner or operator of
a large load user shall submit the following to the local fire
official with jurisdiction over the facility:
(1) The emergency operations floor plan.
(2) The generalized infrastructure inventory.
(c) Proof of compliance.--The applicant shall provide the
building code official with written proof that the documents
required under subsection (b) have been received by the local
fire official. Proof of compliance may include:
(1) a signed receipt or written acknowledgment from the
local fire official; or
(2) proof of delivery via certified mail or a confirmed
electronic transmission to the official address of the fire
department.
20260HB2535PN3435 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 4. Annual updates and material changes.
(a) Annual verification.--On or before March 1 of each year
following the issuance of the certificate of occupancy, the
operator of a large load user shall submit an updated
generalized infrastructure inventory to the local fire official
or a written statement certifying that no material changes have
occurred since the previous submission.
(b) Material changes.--In the event of a significant
modification to the facility, including an increase in power
load exceeding 20% or a change in the type of battery chemistry
or cooling agents used, the operator shall submit an updated
emergency operations floor plan to the local fire official
within 30 days of the modification.
Section 5. Confidentiality of security information.
(a) Public safety exemption.--Information submitted under
this act, including floor plans and infrastructure inventories,
shall be considered confidential security information and shall
be exempt from disclosure under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, to the extent
that the disclosure would be reasonably likely to jeopardize the
safety or physical security of the facility or critical
infrastructure.
(b) Limited access.--Access to the information submitted
under this act shall be limited to:
(1) The building code official for permitting purposes.
(2) The local fire official and emergency response
personnel for planning and response purposes.
(3) Law enforcement officials having jurisdiction.
Section 6. Enforcement and penalties.
(a) Authority.--The building code official of the
20260HB2535PN3435 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
municipality in which the large load user is located shall have
the authority to enforce the provisions of this act.
(b) Compliance orders.--Upon discovery of a violation of
this act, including failure to submit the initial inventory or
failure to provide the annual update required under section 4,
the building code official shall issue a written notice of
violation and an order to comply to the owner or operator. The
order shall grant the operator a period of not more than 30 days
to correct the violation.
(c) Civil penalties.--If the violation is not corrected
within the period specified in the order to comply, the owner or
operator shall be subject to a civil penalty of:
(1) Not more than $10,000 for the first offense.
(2) Not more than $5,000 for each day the violation
continues after the initial penalty is assessed.
(d) Disposition of penalties.--All civil penalties collected
under this act shall be retained by the municipality to defray
the costs of code enforcement and fire protection services.
(e) Revocation of occupancy.--In the event of a willful or
persistent refusal to comply with the reporting requirements of
this act, the building code official may suspend or revoke the
certificate of occupancy for the facility in accordance with the
procedures established under the act of November 10, 1999
(P.L.491, No.45), known as the Pennsylvania Construction Code
Act.
Section 7. Construction.
Nothing in this act shall be construed to:
(1) Limit the authority of a municipality to enact
ordinances imposing stricter fire safety or reporting
requirements.
20260HB2535PN3435 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Exempt a large load user from any other reporting
requirements under the act of December 7, 1990 (P.L.639,
No.165), known as the Hazardous Material Emergency Planning
and Response Act, if applicable.
Section 8. Effective date.
This act shall take effect in 60 days.
20260HB2535PN3435 - 6 -
1
2
3
4
5
6