An Act imposing a Statewide moratorium on hyperscale data center development and permitting; and providing for enforcement.

PRINTER'S NO. 1770
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1359
Session of
2026
INTRODUCED BY MUTH, COMITTA AND BROWN, JUNE 4, 2026
REFERRED TO LOCAL GOVERNMENT, JUNE 4, 2026
AN ACT
Imposing a Statewide moratorium on hyperscale data center
development and permitting; and providing for enforcement.
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 Statewide
Hyperscale Data Center Moratorium 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:
"Hyperscale data center." As follows:
(1) A retail electric customer facility that:
(i) is used primarily or exclusively for electronic
information services such as the management, storage,
processing and dissemination of electronic data and
information through the use of computer systems, servers,
networking equipment and related components; and
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(ii) has an aggregate monthly maximum demand of
either of the following minimum thresholds:
(A) for an electric distribution company whose
peak load is equal to or above 2,500 megawatts, 20
megawatts; or
(B) for an electric distribution company whose
peak load is less than 2,500 megawatts, one megawatt.
(2) For the purpose of calculating the aggregate minimum
thresholds under paragraph (1):
(i) The sum of all load of the retail electric
customer's affiliated companies and companies with common
ownership shall be included.
(ii) If there are multiple facilities at a single
location of less than the applicable minimum thresholds,
but the aggregate total load is greater than the minimum
thresholds, all the multiple facilities shall be
included.
Section 3. Moratorium
(a) Imposition.--A moratorium is imposed on:
(1) The development or permitting of any new
construction or expansion of a hyperscale data center in this
Commonwealth.
(2) The expansion of a data center that is not currently
a hyperscale data center but, if expanded, would become a
hyperscale data center.
(3) Data center infrastructure such as new power
generating facilities and utility transmission infrastructure
required to power a hyperscale data center.
(b) Duration.--The moratorium is in effect for 36 months
from the effective date of this subsection.
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(c) Prohibition.--The Commonwealth, a governmental agency
and a political subdivision and public benefit corporation of
the Commonwealth may not, regardless of when the application was
or is received, accept an application, or issue a permit or
approval based on an application, for the siting, construction
or commencement of operation of a data center during the
moratorium.
Section 4. Enforcement.
(a) Effect of noncompliance.--Action by a Commonwealth
agency or municipality in violation of this act is void.
(b) Attorney General.--The Attorney General of the
Commonwealth may bring an action in a court of competent
jurisdiction to enforce this act.
Section 5. Effective date.
This act shall take effect immediately.
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