Pennsylvania HB 2515: An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, in small business first, further providing for definitions and for fund and accounts.

Bill Text

PRINTER'S NO. 3401
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2515
Session of
2026
INTRODUCED BY WALSH, KRUPA, M. BROWN, MENTZER, COOPER AND PUGH,
MAY 13, 2026
REFERRED TO COMMITTEE ON ENERGY, MAY 13, 2026
AN ACT
Providing for commercial data center transparency regarding
energy use, water use and noise pollution; imposing duties on
the Department of Environmental Protection, the Department of
Transportation and the Office of Attorney General; and
imposing civil 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 Transparency 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:
"Applicant." A person or entity that files, or on whose
behalf a person files, an application with a permitting
authority for a permit, approval, certification or authorization
for a commercial data center project.
"Commercial data center." A facility, campus of facilities
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or array of interconnected facilities in this Commonwealth that
is used to house and operate equipment that receives, stores,
aggregates, manages, processes, transforms, retrieves,
researches or transmits data and that has a peak demand of 25
megawatts or greater.
"Commercial data center project." The siting, development,
construction, expansion or operation of a commercial data
center, including associated utility or energy infrastructure,
water supply infrastructure, wastewater infrastructure and site
work, to the extent the components are subject to an approval,
permit or authorization by a permitting authority.
"Commonwealth permitting authority." A department, agency,
independent agency, board or commission of the Commonwealth that
issues a permit, approval, certification, authorization or other
governmental permission required for the construction or
operation of a commercial data center project.
"Consumptive use." The portion of water withdrawn or
diverted for a commercial data center project that is lost,
diverted out of a basin or otherwise not returned to the waters
of the basin from which the water was withdrawn, as determined
by the applicable permitting authority.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Electric distribution company." An electric distribution
company as defined in 66 Pa.C.S. § 2803 (relating to
definitions).
"Interstate river basin commission." The term shall include
the:
(1) Delaware River Basin Commission.
(2) Susquehanna River Basin Commission.
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"Permitting authority." A Commonwealth permitting authority
or an interstate river basin commission.
"Public utility." As defined in 66 Pa.C.S. § 102 (relating
to definitions).
"Water use." A new or increased withdrawal, diversion or
consumptive use of water associated with a commercial data
center project, measured as an average daily quantity, stated in
gallons per day, during any consecutive 30-day period.
Section 3. Disclosure in applications.
(a) Disclosure.--An applicant shall state in the application
that the application is for a commercial data center project, in
the manner required by the Commonwealth permitting authority.
(b) Applications covered.--Subsection (a) applies to
applications filed with a Commonwealth permitting authority
relating to:
(1) water withdrawal, diversion or consumptive use;
(2) wastewater treatment or disposal;
(3) air quality;
(4) storm water, erosion or sediment control;
(5) highway occupancy permits or other transportation
approvals; and
(6) any other permit, approval, certification or
authorization required for the construction or operation of a
commercial data center project.
(c) False statement.--A person who knowingly fails to make
the disclosure required under subsection (a), or knowingly makes
a materially false statement related to the disclosure, is
subject to enforcement under section 9.
Section 4. Water use transparency.
(a) Applicability.--This section shall apply to a commercial
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data center project if the commercial data center, including any
existing facility, addition, expansion or phase of development
of the data center, has:
(1) water use of more than 100,000 gallons per day; or
(2) consumptive water use of 20,000 gallons per day or
more.
(b) Administration.--The department shall administer this
section and may consult with other Commonwealth permitting
authorities.
(c) Submission by applicant.--
(1) For a project subject to subsection (a), the
applicant shall submit to the department, in a form
prescribed by the department:
(i) the proposed maximum daily water use for the
e