HB 2533 — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in zoning, providing for optional moratorium on filing or consideration of new applications for high impact data centers.

Summary

Empowering Municipalities to Place a Moratorium on Data Center Development

Bill Text

• Printer's No. 3434 View text Current

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The bill adds a provision allowing municipalities to impose temporary moratoriums on high impact data center applications.

• Section 622

  Optional Moratorium on Filing or Consideration of New Applications for High Impact Data Centers.--(a) A municipality may impose by ordinance a temporary moratorium prohibiting the filing or consideration of documents relating to high impact data centers as follows: (1) A moratorium may last no longer than 18 months from the ordinance's effective date. (2) A prohibition may apply to an application, petition or submission seeking approval, review or relief for a high impact data center, including, but not limited to: (i) a zoning map or text amendments specific to a site or use; (ii) conditional uses, special exceptions or variances; (iii) land development plans or subdivision applications; or (iv) a building permit or certificate tied to an approval for a high impact data center when the permit or certificate requires prior land use or zoning approval. (3) A moratorium may not: (i) prohibit the consideration or filing of documents unrelated to high impact data centers; (ii) affect data centers that do not meet the definition of a "high impact data center" under subsection (i); (iii) suspend enforcement actions or remedial proceedings for violations of law; or (iv) impair routine maintenance or safety upgrades at existing facilities. (b) (1) A moratorium ordinance shall identify the planning, study or ordinance-development activities to be undertaken during the moratorium, which may include: (i) infrastructure capacity assessments, including, but not limited to, assessments relating to water, wastewater or an electrical grid; (ii) public safety and emergency services impact analysis; (iii) environmental and community impact evaluations; and (iv) drafting and consideration of zoning, subdivision and land development, or other municipal code amendments addressing high impact data centers. (2) A municipality shall make reasonable progress on the activities listed under paragraph (1) during the moratorium period identified in the ordinance. (c) Prior to the adoption of a moratorium ordinance under this section, the governing body shall conduct a public hearing with notice as required by this act. The ordinance shall include findings supporting the necessity of the moratorium and identifying the moratorium's relationship to the planning activities in subsection (b). (d) The moratorium may not apply to approvals or permits previously granted. (e) (1) A moratorium ordinance shall provide a process by which an applicant may request a waiver upon a showing that: (i) strict application of the moratorium would result in substantial, unique and demonstrable hardship not created by the applicant; and (ii) granting the waiver would be consistent with the public interest and the purposes of this section. (2) The governing body of the municipality may grant, grant with conditions or deny a waiver after a public meeting. The decision shall be in writing and include findings of fact and conclusions. (f) During a moratorium period, the municipality shall consult, as applicable, with the county planning agency regarding planning and ordinance updates contemplated under subsection (b). (g) A moratorium authorized under this section and implemented in compliance with this act is a reasonable, time-limited planning measure and shall not be construed to effect a taking or to create liability for damages if the municipality affords the exemptions and procedures required under this section. (h) (1) Nothing in this section shall: (i) be construed to limit any other municipal powers or procedures authorized under this act, nor to mandate the adoption of a moratorium; or (ii) alter or diminish the rights of public utilities or electric cooperatives under other applicable statutes. (2) In the event of a conflict with another provision of law, this section shall be harmonized with other provisions of this act to the maximum extent possible. (i) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Critical IT load." The aggregate electrical power drawn by information technology equipment under normal operating conditions at steady state, exclusive of a non-information technology building load. "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. "High impact data center." A facility or group of facilities that: (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; and (4) has a critical IT load of 25 megawatts or higher.

  This section adds a framework for municipalities to implement moratoriums on new applications related to high impact data centers, detailing their duration, limitations, and related processes.

Action History

1. May 27, 2026

   Referred to LOCAL GOVERNMENT, May 27, 2026

Sponsors

• Jamie Walsh · Primary
• Brenda M. Pugh · Cosponsor
• Stephanie Borowicz · Cosponsor
• Rob W. Kauffman · Cosponsor
• Greg Vitali · Cosponsor
• Charity Grimm Krupa · Cosponsor
• Scott Barger · Cosponsor
• FLICK · Cosponsor
• Doyle Heffley · Cosponsor
• Ryan Warner · Cosponsor
• Jacob D. Banta · Cosponsor
• David H. Zimmerman · Cosponsor
• Joseph D'Orsie · Cosponsor
• John A. Lawrence · Cosponsor
• Gary W. Day · Cosponsor

Subjects