Establishing the Office of Transformation and Opportunity and the Artificial Intelligence, Data Center and Emerging Technology Regulatory Sandbox Program; and providing for powers and duties of office and for permits for high impact data centers that have their own power.

PRIOR PRINTER'S NO. 1048 PRINTER'S NO. 1424
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 939
Session of
2025
INTRODUCED BY ROTHMAN, PENNYCUICK, FLYNN AND VOGEL,
JULY 14, 2025
SENATOR PENNYCUICK, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
FEBRUARY 4, 2026
AN ACT
Providing for high impact data centers; establishing
ESTABLISHING the Office of Transformation and Opportunity and
the Artificial Intelligence, Data Center and Emerging
Technology Regulatory Sandbox Program; and providing for
powers and duties of office AND FOR PERMITS FOR HIGH IMPACT
DATA CENTERS THAT HAVE THEIR OWN POWER.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Section 103. Establishment of office.
Chapter 3. High Impact Data Centers
Section 301. High impact data center.
Section 302. Uniformity of local ordinances.
CHAPTER 3. (RESERVED)
Chapter 5. Artificial Intelligence, Data Center and Emerging
Technology Regulatory Sandbox Program
Section 501. Definitions (RESERVED).
Section 502. Artificial Intelligence, Data Center and Emerging
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Technology Regulatory Sandbox Program.
Section 503. Review of application.
Section 504. Test period.
Section 505. Liability.
Section 506. Termination of participation in program.
Section 507. Business losses and expenses.
Section 508. Consumer protection.
Section 509. Exiting the program.
Section 510. Extension.
Section 511. Recordkeeping.
Section 512. Report to General Assembly.
Chapter 7. Fast Track
Section 701. High Impact Data Center Permit Program.
Section 702. Relationship with other agencies.
Section 703. Permit approval.
Section 704. Deemed approval of permit.
CHAPTER 7. BRING YOUR OWN GENERATION
SECTION 701. PERMIT APPROVAL.
SECTION 702. DEEMED APPROVAL OF PERMIT.
SECTION 703. CRITERIA.
Chapter 9. Duties of Office
Section 901. Enumeration of duties.
Section 902. Staffing and administration.
Section 903. Reports.
Chapter 11. Miscellaneous Provisions
Section 1101. (Reserved).
Section 1102. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
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PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Artificial
Intelligence and Data Center Act.
Section 102. 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:
"Affiliated group." One or more chains of corporations,
limited liability entities or partnerships, or any combination
thereof, connected through the ownership of stock or ownership
interests with a common parent that is a corporation, limited
liability entity or partnership, but only if the common parent
owns directly, or indirectly, a controlling interest in each of
the members of the group.
"Artificial intelligence." Technology or tools that use
predictive algorithms to create new content, including audio,
code, images, text simulations or videos.
"Critical IT load." That portion of electric power capacity,
expressed in terms of megawatts, that is reserved solely for
owners or tenants of a data center to operate their computer
server equipment. The term does not include an ancillary load
for common areas.
"AFFILIATED GROUP." A PERSON THAT DIRECTLY OR INDIRECTLY,
THROUGH ONE OR MORE INTERMEDIARIES, CONTROLS OR IS CONTROLLED
BY, OR IS UNDER COMMON CONTROL WITH THE PERSON SPECIFIED.
"APPLICABLE AGENCY." ANY DEPARTMENT, BOARD OR COMMISSION OF
THE COMMONWEALTH.
"APPLICANT." AN INDIVIDUAL OR ENTITY THAT APPLIES TO
PARTICIPATE IN THE PROGRAM.
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"ARTIFICIAL INTELLIGENCE." THE FOLLOWING:
(1) A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF
HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS
OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS,
INCLUDING THE ABILITY TO:
(I) PERCEIVE REAL AND VIRTUAL ENVIRONMENTS;
(II) ABSTRACT PERCEPTIONS MADE UNDER THIS PARAGRAPH
INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER; AND
(III) USE MODEL INFERENCE TO FORMULATE OPTIONS FOR
INFORMATION OR ACTION BASED ON OUTCOMES UNDER
SUBPARAGRAPHS (I) AND (II).
(2) THE TERM INCLUDES GENERATIVE ARTIFICIAL
INTELLIGENCE.
"ARTIFICIAL INTELLIGENCE, DATA CENTER AND EMERGING TECHNOLOGY
PRODUCT OR SERVICE." A PRODUCT OR SERVICE INVOLVING ARTIFICIAL
INTELLIGENCE, DATA CENTER AND EMERGING TECHNOLOGY THAT REQUIRES
COMMONWEALTH LICENSURE, REGISTRATION OR OTHER AUTHORIZATION.
"CONSUMER." A PERSON THAT PURCHASES OR OTHERWISE ENTERS INTO
A TRANSACTION AGREEMENT TO RECEIVE AN INNOVATIVE ARTIFICIAL
INTELLIGENCE, DATA CENTER AND EMERGING TECHNOLOGY PRODUCT OR
SERVICE THAT IS BEING TESTED BY A PARTICIPANT.
"Data center." A facility or group of facilities that is
used to house and operate equipment that:
(1) receives, stores, aggregates, manages, processes,
transforms, retrieves, researches or transmits data; or
(2) is necessary for the proper operation of equipment
that receives, stores, aggregates, manages, processes,
transforms, retrieves, researches or transmits data.
"Emerging technology." Technologies still in development and
deemed by the office to have a significant impact on society in
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the next decade, including, but not limited to, artificial
intelligence, robotics and blockchain technology.
"High impact data center." A facility or group of facilities
that satisfies all of the following:
(1) Is a data center.
(2) Consists of one or more parcels in this
Commonwealth, along with the buildings, substations and other
infrastructure, fixtures and personal property located on the
parcels.
(3) Is owned, operated or leased by an entity or
affiliated group of entities.
(4) Has a critical IT load of 50 megawatts or higher.
"GENERATIVE ARTIFICIAL INTELLIGENCE." THE CLASS OF MODELS
THAT EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA IN
ORDER TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING
INFORMATION SUCH AS IMAGES, VIDEOS, AUDIO CLIPS OR TEXT, THAT
HAS BEEN SIGNIFICANTLY MODIFIED OR GENERATED BY ALGORITHMS,
INCLUDING BY ARTIFICIAL INTELLIGENCE.
"Information technology" or "IT." The study, use and
application of computer, telecommunication and other
technological systems for the purposes of storing, retrieving
and sending information.
"Normal data processing activity." Activity conducted by a
data center that is part of regular daily operations.
"INNOVATION." THE USE OR INCORPORATION OF A NEW OR EMERGING
TECHNOLOGY, OR A NEW USE OF EXISTING TECHNOLOGY, INCLUDING
BLOCKCHAIN TECHNOLOGY, TO ADDRESS A PROBLEM, PROVIDE A BENEFIT
OR OTHERWISE OFFER A PRODUCT, SERVICE, BUSINESS MODEL OR
DELIVERY MECHANISM KNOWN BY THE OFFICE TO HAVE A COMPARABLE
WIDESPREAD OFFERING IN THIS COMMONWEALTH.
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"INNOVATIVE ARTIFICIAL INTELLIGENCE, DATA CENTER AND EMERGING
TECHNOLOGY PRODUCT OR SERVICE." AN ARTIFICIAL INTELLIGENCE,
DATA CENTER AND EMERGING TECHNOLOGY PRODUCT OR SERVICE THAT
INCLUDES AN INNOVATION.
"Office." The Office of Transformation and Opportunity
established by this act.
"PARTICIPANT." A PERSON WHO HAS APPLIED TO PARTICIPATE IN
THE PROGRAM AND HAS BEEN ACCEPTED BY THE OFFICE TO PARTICIPATE
IN THE PROGRAM.
"PROGRAM." THE ARTIFICIAL INTELLIGENCE, DATA CENTER AND
EMERGING TECHNOLOGY REGULATORY SANDBOX PROGRAM ESTABLISHED UNDER
THIS ACT.
"TEST." THE PROVISION OF AN INNOVATIVE ARTIFICIAL
INTELLIGENCE, DATA CENTER AND EMERGING TECHNOLOGY PRODUCT OR
SERVICE IN ACCORDANCE WITH THIS CHAPTER.
Section 103. Establishment of office.
The Office of Transformation and Opportunity is established
within the Governor's Office and shall have the powers and
exercise the duties specified in this act.
CHAPTER 3
HIGH IMPACT DATA CENTERS
Section 301. High impact data center.
(a) Notification to office.--
(1) The owner of a data center operating in this
Commonwealth shall notify the office if the data center
becomes a high impact data center. The notification must be
sent to the office:
(i) not later than 30 days after the data center
becomes a high impact data center; or
(ii) if the owner reasonably anticipates that the
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data center will, at some future date, become a high
impact data center, prior to the future date.
(2) The notification shall include known or expected
power consumption of the data center and other information as
required by the office. If the notification is sent under
paragraph (1)(ii), the notification shall include the future
date.
(b) Confirmation by office.--
(1) The office shall identify and designate high impact
data centers in this Commonwealth.
(2) The office shall review a notification submitted by
an owner under subsection (a). If the office determines that
the data center is or will become a high impact data center,
the office shall issue confirmation to the owner not later
than 14 days after receipt of the notification.
(c) Recordkeeping.--Any information provided under this
section by an owner that the owner identifies as confidential
business information shall be exempt from inspection and
duplication under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
Section 302. Uniformity of local ordinances.
(a) Requirements.--A local ordinance regulating high impact
data centers shall allow for the reasonable development of high
impact data centers.
(b) Reasonable development.--In order to allow for the
reasonable development of high impact data centers, a local
ordinance:
(1) May not impose conditions, requirements or
limitations on the construction of high impact data centers
that are more stringent than conditions, requirements or
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limitations imposed on construction activities for other
industrial uses within the geographic boundaries of the local
government.
(2) May not impose conditions, requirements or
limitations on the heights of structures, screening and
fencing, lighting or noise relating to permanent high impact
data centers that are more stringent than the conditions,
requirements or limitations imposed on other industrial uses
or other land development within the particular zoning
district where the high impact data centers are situated
within the local government.
(3) Shall include a review period for permitted uses
that does not exceed 30 days for complete submissions or 120
days for conditional uses.
(4) May impose restrictions on vehicular access routes
for overweight vehicles only as authorized under 75 Pa.C.S.
(relating to vehicles) or the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning
Code.
(5) May not impose limits or conditions on operations or
hours of operation of the high impact data center as it
relates to normal data processing activity.
CHAPTER 3
(RESERVED)
CHAPTER 5
ARTIFICIAL INTELLIGENCE, DATA CENTER
AND EMERGING TECHNOLOGY REGULATORY SANDBOX PROGRAM
Section 501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Applicable agency." The Department of Environmental
Protection, the Department of Labor and Industry and the
Department of Transportation of the Commonwealth and any
department, board or commission of the Commonwealth.
"Applicant." An individual or entity that applies to
participate in the program.
"Artificial intelligence, data center and emerging technology
product or service." A product or service involving artificial
intelligence, data center and emerging technology that requires
Commonwealth licensure, registration or other authorization.
"Consumer." A person that purchases or otherwise enters into
a transaction agreement to receive an innovative artificial
intelligence, data center and emerging technology product or
service that is being tested by a participant.
"Innovation." The use or incorporation of a new or emerging
technology, or a new use of existing technology, including
blockchain technology, to address a problem, provide a benefit
or otherwise offer a product, service, business model or
delivery mechanism known by the department to have a comparable
widespread offering in this Commonwealth.
"Innovative artificial intelligence, data center and emerging
technology product or service." An artificial intelligence,
data center and emerging technology product or service that
includes an innovation.
"Participant." A person who has applied to participate in
the program and has been accepted by the office to participate
in the program.
"Program." The Artificial Intelligence, Data Center and
Emerging Technology Regulatory Sandbox Program established by
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this act.
"Test." The provision of an innovative artificial
intelligence, data center and emerging technology product or
service in accordance with this chapter.
SECTION 501. (RESERVED).
Section 502. Artificial Intelligence, Data Center and Emerging
Technology Regulatory Sandbox Program.
(a) Establishment.--The Artificial Intelligence, Data Center
and Emerging Technology Regulatory Sandbox Program is
established in the office. The office shall consult with each
applicable agency to implement the program. The program shall
enable a person PARTICIPANT to obtain limited access to the
market in this Commonwealth to test an innovative artificial
intelligence, data center and emerging technology product or
service without obtaining a license or other authorization that
might otherwise be required.
(b) Powers and duties of office.--The office:
(1) May enter into agreements with or follow ADOPT the
best practices of the Bureau of Consumer Protection
CORRESPONDING FEDERAL REGULATORY AGENCIES or other states
that are administering programs similar to the program.
AGREEMENTS UNDER THIS PARAGRAPH MAY NOT IMPOSE ADDITIONAL
LIMITATIONS ON THE PROGRAM.
(2) Shall review applications submitted for
participation in the program.
(3) May not approve participation in the program by an
applicant or any other participant that has been convicted,
entered a plea of nolo contendere or entered a plea of guilty
or nolo contendere held in abeyance, for a serious crime:
(i) involving theft, fraud or dishonesty; or
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(ii) that bears a substantial relationship to the
applicant's or participant's ability to safely or
competently participate in the program.
(c) Application.--A person PARTICIPANT must submit an
application to the office in order to be approved for
participation in the program. The application must be in a form
prescribed by the office that:
(1) Demonstrates the applicant is subject to the
jurisdiction of the Commonwealth.
(2) Demonstrates the applicant has established a
physical or virtual location that is adequately accessible to
the office from which testing will be developed and performed
and where all required records, documents and data will be
maintained.
(3) Contains relevant personal and contact information
for the applicant, including legal names, addresses,
telephone numbers, email addresses, website addresses and
other information required by the office.
(4) Discloses any criminal conviction of the applicant
or other participating personnel.
(5) Demonstrates that the applicant has the necessary
personnel, financial and technical expertise, access to
capital and developed plan to test, monitor and assess an
innovative artificial intelligence, data center and emerging
technology product or service.
(6) Contains a description of the innovative artificial
intelligence, data center and emerging technology product or
service to be tested, including statements regarding the
following:
(i) How the innovative artificial intelligence, data
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center and emerging technology product or service is
subject to licensing or other authorization requirements
outside of the program, including a specific list of all
State laws, regulations and licensing or other
requirements that the applicant seeks to have waived
during the testing period.
(ii) How the innovative artificial intelligence,
data center and emerging technology product or service
would benefit consumers OR THE COMMONWEALTH.
(iii) How the innovative artificial intelligence,
data center and emerging technology product or service is
different from other artificial intelligence, data center
and emerging technology products or services available in
this Commonwealth.
(iv) What risks may confront THIS COMMONWEALTH OR
consumers that use or purchase the innovative artificial
intelligence, data center and emerging technology product
or service.
(v) How participating in the program would enable a
successful test of the innovative artificial
intelligence, data center and emerging technology product
or service.
(vi) A description of how the applicant will perform
ongoing duties after the test.
(vii) How the applicant will end the test and
protect consumers if the test fails, including providing
evidence of sufficient liability coverage and financial
reserves to protect consumers OR THE COMMONWEALTH and to
protect against insolvency by the applicant.
(d) Separate applications required.--An applicant must file
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a separate application for each innovative artificial
intelligence, data center and emerging technology product or
service the applicant intends to test.
(e) Additional information.--After an application is filed
and before approving the application, the office may seek such
additional information from the applicant as the office
determines is necessary.
(f) Time period for review of application.--Not later than
90 days after the date on which a complete application is
received by the office, the office shall inform the applicant as
to whether the application is approved for participation in the
program.
(g) Extensions.--The office and an applicant may mutually
agree to extend the period specified in subsection (f).
(H) CONFIDENTIALITY.--INFORMATION SUBMITTED FOR THE PURPOSES
OF AN APPLICATION TO THE OFFICE SHALL BE DEEMED CONFIDENTIAL AND
NOT SUBJECT TO THE PROVISIONS OF THE ACT OF FEBRUARY 14, 2008
(P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.
Section 503. Review of application.
(a) Consultation required.--
(1) In reviewing an application under this section, the
office shall MAY consult with, and get approval from, each
applicable agency before approving an application for
participation in the program.
(2) The consultation under paragraph (1) may include
seeking information about whether:
(i) The applicable agency has previously issued a
license or other authorization to the applicant.
(ii) The applicable agency has previously
investigated, sanctioned or pursued legal action against
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the applicant.
(iii) Whether the applicant could obtain a license
or other authorization from the applicable agency after
exiting the program.
(iv) Whether certain licensure or other regulations
should not be waived even if the applicant is accepted
for participation in the program.
(b) Consideration of competition.--In reviewing an
application under this section, the office shall consider
whether a competitor of the applicant is or has been a
participant and weigh that participation as a factor in
approving the applicant as a participant.
(c) Approval.--If the office and each applicable agency
approve the application, the applicant shall become a
participant.
(d) Denial notice.--If the office denies an application
submitted under this section, the office shall provide to the
applicant a written description of the reasons for the denial.
(D) CURING PERIOD.--IF THE OFFICE DENIES AN APPLICATION
SUBMITTED UNDER THIS SECTION, AFTER RECEIVING A WRITTEN
DESCRIPTION OF THE REASONS FOR THE DENIAL, AN APPLICANT SHALL
HAVE 60 DAYS TO CORRECT AND RESUBMIT THE APPLICATION.
(E) DENIAL NOTICE.--IF THE OFFICE DENIES A SUBSEQUENT CURING
ATTEMPT UNDER SUBSECTION (D), THE OFFICE SHALL PROVIDE TO THE
APPLICANT A WRITTEN DESCRIPTION OF THE REASONS FOR THE DENIAL.
THE APPLICANT MAY THEN REAPPLY FOR APPROVAL FOLLOWING NOTICE.
Section 504. Test period.
(a) Duration of test period.--A participant has 12 months
after the date on which the application was approved to test the
innovative artificial intelligence, data center and emerging
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technology product or service described in the application.
(b) Requirements.--A participant testing an innovative
artificial intelligence, data center and emerging technology
product or service within the program is subject to the
following:
(1) The office may, if applicable on a case-by-case
basis, specify the maximum number of items for each item that
may be offered by the participant during the test of the
innovative artificial intelligence, data center and emerging
technology product or service.
(2) The office shall notify other businesses in the
industry that a waiver was granted to afford other companies
the opportunity to apply for the same waiver. PUBLISH ON ITS
PUBLICLY ACCESSIBLE INTERNET WEBSITE AN EASILY ACCESSIBLE
LIST OF GRANTED WAIVERS.
(c) Construction.--Nothing in this section shall be
construed to restrict a participant that holds a license or
other authorization in another jurisdiction from acting in
accordance with that license or other authorization.
(d) Licensing requirements under other law.--
(1) A participant is deemed to possess an appropriate
license under the laws of this Commonwealth for the purposes
of any provision of Federal law requiring State licensure or
authorization.
(2) A participant that is testing an innovative
artificial intelligence, data center and emerging technology
product or service is not subject to the requirements of
State law, regulations, licensing requirements or
authorizations that were identified by the participant's
application and have been waived in writing by the office.
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Section 505. Liability.
A participant does not have immunity related to any CIVIL OR
criminal offense committed during participation in the program.
Section 506. Termination of participation in program.
By written notice, the office may terminate a participant's
participation in the program at any time and for any reason,
including if the applicable department determines the
participant is not operating in good faith to bring an
innovative artificial intelligence, data center and emerging
technology product or service to market.
Section 507. Business losses and expenses.
(a) Office.--The office and the office's employees shall not
be liable for any business loss or the recoupment of application
expenses related to the program, including expenses relating to:
(1) Denying an application for participation in the
program for any reason.
(2) Terminating a participant's participation in the
program at any time and for any reason.
(b) Guaranty associations.--A guaranty association in this
Commonwealth may not be held liable for any business loss or
expense incurred as a result of activities undertaken by a
participant in the program.
Section 508. Consumer protection.
(a) Disclosure required.--Before providing an innovative
artificial intelligence, data center and emerging technology
product or service to a consumer, a participant shall disclose
the following to the consumer:
(1) The name and contact information of the participant.
(2) A statement that the innovative artificial
intelligence, data center and emerging technology product or
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service is authorized under the program and, if applicable,
that the participant does not have a license or other
authorization to provide an artificial intelligence, data
center and emerging technology product or service under State
law that regulates artificial intelligence, data center and
emerging technology products outside the program.
(3) A statement that the innovative artificial
intelligence, data center and emerging technology product or
service is undergoing testing and may not function as
intended and may expose the customer to financial risk.
(4) A statement that the provider of the innovative
artificial intelligence, data center and emerging technology
product or service is not immune from civil liability for any
losses or damages caused by the innovative artificial
intelligence, data center and emerging technology product or
service.
(5) A statement that the innovative artificial
intelligence, data center and emerging technology product or
service is a temporary test that may be discontinued at the
end of the testing period.
(6) The expected end date of the testing period.
(7) A statement that a consumer may contact the office
to file a complaint regarding the innovative artificial
intelligence, data center and emerging technology product or
service being tested and provide the office's telephone
number and publicly accessible Internet website where a
complaint may be filed.
(b) Form of disclosure.--The disclosure required by
subsection (a) shall be provided to a consumer, in a clear and
conspicuous form and, for an Internet or application-based
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innovative artificial intelligence, data center and emerging
technology product or service, the consumer must acknowledge
receipt of the disclosure before a transaction may be completed.
Section 509. Exiting the program.
(a) Duties of participant.--At least 30 days before the end
of the testing period, a participant must:
(1) notify the office that the participant will exit the
program, discontinue the participant's test and stop offering
any innovative artificial intelligence, data center and
emerging technology product or service in the program not
later than 60 days after the date on which the 12-month
testing period ends; or
(2) seek an extension in accordance with section 510.
(b) Effect of noncompliance.--Subject to subsection (c), if
the office does not receive notification as required by
subsection (a), the testing period ends at the end of the 12-
month testing period and the participant shall immediately stop
offering each innovative artificial intelligence, data center
and emerging technology product or service being tested.
(c) Exception.--If a test includes offering an innovative
artificial intelligence, data center and emerging technology
product or service that requires ongoing duties, the participant
shall continue to fulfill the duties of the program or, if the
participant exits the program, arrange for another person to
fulfill those duties after the date on which the artificial
intelligence, data center and emerging technology product or
service testing ends.
Section 510. Extension.
(a) Time period to request extension.--Not later than 30
days before the end of the 12-month testing period, a
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participant may request an extension of the testing period for
the purpose of obtaining a license or other authorization.
(b) Duty of office.--
(1) The office shall grant or deny a request for an
extension in accordance with subsection (a) by the end of the
12-month testing period.
(2) The office may grant an extension in accordance with
this section for not more than 12 months after the end of the
testing period.
(c) Quarterly reports.--A participant that obtains an
extension in accordance with this section shall provide the
office with a written report every three months that provides an
update on efforts to obtain a license or other authorization
required by law, including any submitted for licensure or other
authorization, rejected applications or issued licenses or other
authorizations.
Section 511. Recordkeeping.
(a) Duty of participant.--A participant shall retain
records, documents and data produced in the ordinary course of
business regarding an innovative artificial intelligence, data
center and emerging technology product or service tested in the
program.
(b) Failure report.--If an innovative artificial
intelligence, data center and emerging technology product or
service of a participant fails before the end of a testing
period, the participant shall notify the office and report on
actions taken by the participant to ensure that consumers have
not been harmed as a result of the failure.
(c) Office to establish reporting requirements.--
(1) The office shall establish quarterly reporting
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requirements for a participant, including information about
any customer complaints.
(2) The office may request records, documents and data
from a participant and, upon the department's OFFICE'S
request, a participant shall make the records, documents and
data available for inspection by the office.
(3) If the office determines that a participant has
engaged in, is engaging in or is about to engage in any
practice or transaction that is in violation of this chapter
or that constitutes a violation of Federal or State criminal
law, the office may remove the participant from the program.
Section 512. Report to General Assembly.
By October 1, the office shall provide an annual written
report to the chairperson and minority chairperson of the State
Government Committee of the Senate and the chairperson and
minority chairperson of the State Government Committee of the
House of Representatives that provides information regarding
each participant and provides recommendations regarding the
effectiveness of the program.
CHAPTER 7
FAST TRACK
Section 701. High Impact Data Center Permit Program.
The office shall establish the High Impact Data Center Permit
Program. The program shall:
(1) Provide project coordination services to all high
impact data centers. Projected coordination services include
developing coordinated timelines for permitting and approvals
across relevant agencies, liaising with project sponsors and
updating the dashboard specified in paragraph (2).
(2) Assist in the operation and maintenance of a public-
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facing dashboard to display progress against established
permitting timelines associated with all high impact data
center development projects.
(3) Design and implement a process to facilitate
coordination among permitting agencies and to improve the
timeliness, predictability and transparency of an applicable
agency's review and authorization processes for designated
critical infrastructure and economic development projects.
(4) Provide technical assistance to implement the High
Impact Data Center Permit Program.
Section 702. Relationship with other agencies.
All Commonwealth departments, boards, offices, commissions
and other agencies under the Governor's jurisdiction shall
cooperate with and provide assistance to the office as needed
with respect to the purpose and responsibilities specified in
this act.
Section 703. Permit approval.
CHAPTER 7
BRING YOUR OWN GENERATION
SECTION 701. PERMIT APPROVAL.
The office DEPARTMENT OF ENVIRONMENTAL PROTECTION shall
establish approval timelines not to exceed 120 days for the
following permits requested by any A high impact data center
THAT MEETS THE CRITERIA UNDER SECTION 703, barring deficiencies:
(1) 25 Pa. Code Ch. 102 (relating to erosion and
sediment control).
(2) 25 Pa. Code Ch. 105 (relating to dam safety and
waterway management).
(3) 25 Pa. Code Ch. 106 (relating to floodplain
management).
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Section 704 702. Deemed approval of permit.
If an applicable agency receives a completed application from
a high impact data center and a permit decision delay occurs,
the application shall be deemed approved and the applicable
agency shall issue the permit.
SECTION 703. CRITERIA.
THIS CHAPTER SHALL ONLY APPLY TO HIGH IMPACT DATA CENTERS
THAT:
(1) GENERATE ENERGY AT A RATE AT OR ABOVE WHAT IS
REQUIRED FOR 50 MEGAWATT CAPACITY FOR OPERATIONS THROUGH:
(I) A NEW GENERATING RESOURCE;
(II) UPRATE OR EXPANDED SERVICES AT AN EXISTING
GENERATING RESOURCE; OR
(III) A RESOURCE THAT WOULD OTHERWISE RETIRE EARLY
OR DECOMMISSION DUE TO FINANCIAL CONSTRAINTS.
(2) GENERATE ENERGY NOT TO BE SOLD FOR PUBLIC
CONSUMPTION. ENERGY GENERATED IN EXCESS OF THAT NEEDED FOR
THE HIGH IMPACT DATA CENTER OPERATION MAY BE DONATED FOR
PUBLIC CONSUMPTION.
CHAPTER 9
DUTIES OF OFFICE
Section 901. Enumeration of duties.
The office shall:
(1) Facilitate the implementation of transformational
economic development projects, which will result in
substantial quality job opportunities and capital investment
in this Commonwealth by:
(i) coordinating and expediting interagency
cooperation;
(ii) marshaling Federal and State resources to
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maximize economic development opportunities for this
Commonwealth to compete, grow and thrive in a global
economy; and
(iii) leveraging the role of the Governor to engage
the global business community on behalf of the
Commonwealth.
(2) Create a systematic process for managing economic
development projects involving the resources of multiple
State agencies to facilitate project management.
(3) Establish and monitor the progress of additional
areas of economic development project support, including
serving as a one-stop shop for coordination of State
agencies, expediting State agency permit and license reviews
and ensuring speed of business review and approval of
Commonwealth economic incentive programs.
(4) Work in partnership with the Department of Community
and Economic Development and all relevant State agencies in
reviewing Federal and State funding applications to ensure
that they maximize the opportunity to attract
transformational economic development projects.
(5) Establish objectives and targets for the
implementation of transformative economic development
projects prioritized by the Governor for this Commonwealth.
(6) Establish and monitor time-based standards for
completion of each phase of a transformative economic
development project.
(7) Work in partnership with the Department of Community
and Economic Development and all relevant State agencies and
coordinate with the Governor's Action Team Office to ensure
that thorough due diligence is performed for prioritized
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projects, which shall include:
(i) Overall economic impact of the project.
(ii) The validity of its business model and
likelihood of positive impact on an identified priority
industry or sector.
(iii) The impact on communities that have been
disadvantaged and underserved.
(iv) The strength of commitments for private
financing of the project.
(8) Work in partnership with the Department of Community
and Economic Development, all relevant State agencies and the
Governor to develop an overall economic development blueprint
and strategy for this Commonwealth in identifying key
industry and sectors where this Commonwealth has competitive
advantages.
Section 902. Staffing and administration.
(a) Chief Transformation and Opportunity Officer.--
(1) The Governor shall appoint a Chief Transformation
and Opportunity Officer of the office who shall serve at the
pleasure of the Governor and coordinate the implementation
and development of the duties specified in this act.
(2) The Chief Transformation and Opportunity Officer may
hire staff, including economic development specialists, to
perform the duties specified in this act.
(3) The Chief Transformation and Opportunity Officer
shall report directly to the Governor and the office shall
operate from the Governor's Office.
(b) (Reserved).
Section 903. Reports.
The office shall prepare and issue an annual report to the
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Governor, THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES with the first annual
report due December 31, 2025, AFTER THE EFFECTIVE DATE OF THIS
SECTION and subsequent reports due December 31 of each
succeeding year. The annual report shall include an analysis and
examination of significant economic development opportunities
gained and lost by this Commonwealth within an identified time
period and recommendations for improvement. The report shall be
delivered to the Governor or the Governor's designee.
CHAPTER 11
MISCELLANEOUS PROVISIONS
Section 1101. (Reserved).
Section 1102. Effective date.
This act shall take effect in 60 90 days.
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