Pennsylvania SB 724: An Act providing for regulation of large load customers and public utilities and for community benefits agreements between large load customers and community-based organizations; establishing the Data Center LIHEAP Enhancement Fund; and imposing duties on the Department of Human Services and the Pennsylvania Public Utility Commission.

Bill Text

PRINTER'S NO. 1555
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 724
Session of
2026
INTRODUCED BY L. WILLIAMS, COLLETT, KIM, KEARNEY, CAPPELLETTI,
VOGEL, SAVAL AND COMITTA, MARCH 31, 2026
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 31, 2026
AN ACT
Providing for regulation of large load customers and public
utilities and for community benefits agreements between large
load customers and community-based organizations;
establishing the Data Center LIHEAP Enhancement Fund; and
imposing duties on the Department of Human Services and the
Pennsylvania Public Utility Commission.
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 Data Center
Fair Share 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:
"Bureau of Investigation and Enforcement." The Bureau of
Investigation and Enforcement within the commission.
"Commission." The Pennsylvania Public Utility Commission.
"Community benefits agreement." A legally binding contract
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negotiated and agreed to between developers and community-based
organizations that serves to mitigate local impacts of
development in which benefits are specific, measurable,
actionable, relevant to the community's needs, time-bound and
supported by the broader community.
"Community-based organization." A workforce development and
training organization, labor union, local government entity,
environmental advocacy organization or public or private
nonprofit organization or entity that is representative of the
host community or a significant segment of the host community
and works to meet community needs.
"Fund." The Data Center LIHEAP Enhancement Fund established
under section 5(a).
"Host community." A municipality within which a large load
customer's facility is located and any other municipality within
a 10-mile radius of the facility's borders.
"Large load customer." 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.
(2) Has a gross aggregate electric peak demand, not
reflecting any reductions attributable to co-located electric
generation, of 25 megawatts or greater.
(3) Is interconnected to a public utility at a single
point of interconnection or multiple interconnection points
within 20 miles of each other or is interconnected to
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multiple public utilities within this Commonwealth at
multiple interconnection points within 20 miles of each
other.
"Low-Income Home Energy Assistance Program" or "LIHEAP." A
federally funded program that provides financial assistance in
the form of cash and crisis grants to low-income households for
home energy bills and is administered by the Department of Human
Services.
"Public utility." As defined in 66 Pa.C.S. § 102 (relating
to definitions).
"Ratepayer." A retail customer of a public utility that
purchases electric service for consumption.
"Renewable energy." Solar, wind energy, biomass or
hydroelectric power.
"Socially disadvantaged population." A group whose members
have been subjected to racial, ethnic or gender prejudice
because of their identity as a member of the group.
"Universal service and energy conservation." As defined in
66 Pa.C.S. §§ 2202 (relating to definitions) and 2803 (relating
to definitions).
Section 3. Duties of commission.
(a) Temporary regulations.--
(1) In order to facilitate the prompt implementation of
this act, the commission shall promulgate temporary
regulations no later than 120 days after the effective date
of this paragraph, inclusive of a public comment period of at
least 30 days.
(2) Temporary regulations under this subsection shall
expire not later than two years after publication.
(3) The commission may promulgate temporary regulations
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that are not subject to:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(4) The commission's authority to promulgate temporary
regulations under thi