SB 1345 — 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 temporary moratorium on acceptance or consideration of new applications for high impact data centers.

PRIOR PRINTER'S NO.

1766 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

18891345 THE2026 GENERALINTRODUCED ASSEMBLYBY OFCOLEMAN PENNSYLVANIAAND SENATEGEBHARD, BILLJUNE Session4, 2026 REFERRED TO LOCAL GOVERNMENT, JUNE 4, 2026 AN ACT Amending the act of No.July 31, 1968 (P.L.805, No.247), entitled "An act to empower cities of the second class A, and third class, boroughs, incorporated towns, townships of the first and second classes including those within a county of the second class and counties of the second through eighth and to govern the same by zoning, subdivision and landpment development ordinances, planned residential development and other ordinances, by official maps, by the reservation of certain land for future public purpose and by the acquisition of such land;

1345 2026 INTJUNE 4, 2026OLEMAN, GEBHARD, DUSH, PENNYCUICK AND BARTOLOTTA, SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS AMENDED, JULY 11, 2026 AN ACT Amending the act of July 31, 1968 (P.L.805, No.247), entitled "An act to empower cities of the second class A, and third class, boroughs, incorporated towns, townships of the first second class and counties of the second through eighththe classes, individually or jointly, to plan their development and to govern the same by zoning, subdivision and land development ordinances, planned residential development and other ordinances, by official maps, by the reservation of certain land for future public purpose and by the acquisition of such land;

and repealing acts and parts of acts," in zoning, providing for optional moratorium on filing ACCEPTANCE or consideration of newRARYnew <-- applications for high impact data centers.

Optional TEMPORARY Moratorium on Filing <-- ACCEPTANCE or Consideration of New Applications for High Impact <-- Data Centers.--(a) A municipality may impose by ordinance <-- RESOLUTION a temporary moratorium prohibiting the filing or <-- consideration of documents relating to ON ACCEPTANCE AND <-- CONSIDERATION OF NEW APPLICATIONS FOR high impact data centers as follows:

(1) A moratorium may last no longer than 18 months from <-- the ordinance's effective date.

THE(2) DURATION OF A TEMPORARYprohibition <--may MORATORIUMapply MAYto NOTan EXCEEDapplication, 18petition MONTHSor ANDsubmission SHALLseeking BEapproval, RETROACTIVEreview TOor THErelief DATEfor WHENa THEhigh GOVERNINGimpact BODYdata OFcenter, THEincluding, MUNICIPALITYbut GAVEnot PUBLIClimited NOTICEto: AS REQUIRED UNDER 65 PA.C.S.

§ 709(C.1) (RELATING TO PUBLIC NOTICE).

(2) A prohibition TEMPORARY MORATORIUM may apply to an <-- application, petition or submission seeking THAT SEEKS <-- approval, review or relief for a high impact data center, including, but not limited to:

OR <-- (iii) land development plans or subdivision applications.;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 TEMPORARY 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 20260SB1345PN1889 - 2 - definition of a "high impact data center" under subsection (i)(i); (L);

<-- (iii) suspend enforcement actions or remedial proceedings for violations of law;

or (iv) impair routine maintenance or safety upgrades at existing HIGH IMPACT DATA CENTER facilities.

<-- (b) (1) A moratorium ordinance TEMPORARY MORATORIUM <-- RESOLUTION RELATED TO APPLICATIONS FOR HIGH IMPACT DATA CENTERS shall identify the planning, study or ordinance-ordinance-development development activities to be undertaken during20260SB1345PN1766 the- TEMPORARY2 <--- during the moratorium, which may include:

(i) infrastructure capacity assessments, including, but not limited to, assessments relating to water, wastewater or an electrical ELECTRIC grid;

<-- (ii) public safety and emergency services impact analysis;

(2) A municipality shall make reasonable progress on the activities listed under paragraph (1) during the TEMPORARY <-- moratorium period identified in the ordinance.

<-- (c) Prior to the adoption of a moratorium ordinance <-- TEMPORARY MORATORIUM RESOLUTION 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 20260SB1345PN1889 - 3 - subsection (b).

UNDER(e) 65(1) PA.C.S.A moratorium ordinance shall provide a process by which an applicant may request a waiver upon a showing that:

§(i) 709(C.1).strict application of the moratorium would result in substantial, unique and demonstrable hardship not created by the applicant;

THEand PUBLIC(ii) <--granting HEARINGthe NOTICEwaiver SHALLwould CLEARLYbe STATEconsistent THATwith THEthe MUNICIPALITYpublic INTENDSinterest TOand CONSIDERthe Apurposes TEMPORARYof MORATORIUMthis ONsection. ACCEPTANCE AND CONSIDERATION OF NEW APPLICATIONS FOR HIGH IMPACT DATA CENTERS.

(D)(2) AThe MUNICIPALITYgoverning MAYbody NOTof ACCEPTthe ORmunicipality CONSIDERmay ANgrant, APPLICATION20260SB1345PN1766 FOR- A3 HIGH- IMPACTgrant DATAwith CENTERconditions BYor CHANGINGdeny THEa AGENDAwaiver UNDERafter 65a PA.C.S.public meeting.

§ 712.1(E) (RELATING TO NOTIFICATION OF AGENCY BUSINESS REQUIRED AND EXCEPTIONS).

(E) THE RESOLUTION SHALL INCLUDE FINDINGS SUPPORTING THE NECESSITY OF THE MORATORIUM AND IDENTIFYING THE MORATORIUM'S RELATIONSHIP TO THE PLANNING ACTIVITIES IN SUBSECTION (B).

(F) (1) THE TEMPORARY MORATORIUM SHALL NOT APPLY TO THE FOLLOWING:

(I) APPLICATIONS OR PERMITS PREVIOUSLY APPROVED OR GRANTED BY THE MUNICIPALITY PRIOR TO THE EFFECTIVE DATE OF THE TEMPORARY MORATORIUM.

(II) ACCEPTANCE OR CONSIDERATION OF AN APPLICATION FOR A HIGH IMPACT DATA CENTER THAT HAS, PRIOR TO THE EFFECTIVE DATE OF THE TEMPORARY MORATORIUM, ENTERED INTO AN AGREEMENT WITH A POWER GENERATION FACILITY BY WHICH THE HIGH IMPACT DATA CENTER AND THE POWER GENERATION FACILITY AGREE TO THE CONSTRUCTION AND OPERATION OF THE HIGH IMPACT DATA CENTER AT THE SITE OF THE POWER GENERATION FACILITY, AND FURTHER AGREE THAT THE POWER GENERATION FACILITY WILL SUPPLY ENERGY TO THE HIGH IMPACT DATA CENTER.

(2) AN APPLICATION FOR A HIGH IMPACT DATA CENTER THAT MEETS THE REQUIREMENTS OF PARAGRAPH (1)(II) SHALL BE ACCEPTED 20260SB1345PN1889 - 4 - AND CONSIDERED BY THE MUNICIPALITY IN ACCORDANCE WITH LOCAL ORDINANCES AND THE PROVISIONS OF THIS ACT IN EFFECT ON THE DATE OF THE MUNICIPALITY'S ISSUANCE OF A BUILDING PERMIT FOR THE POWER GENERATION FACILITY.

(e) (G) (1) A moratorium ordinance TEMPORARY MORATORIUM <-- RESOLUTION shall provide a process by which an applicant may request a waiver upon a showing that:

(i) strict application of the TEMPORARY moratorium <-- would result in substantial, unique and demonstrable <-- UNDUE 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 REQUEST after a public <-- meeting.

(f) (H) During a moratorium periodperiod, TEMPORARY MORATORIUM, the <-- municipality shall consult, as applicable, with the county planning agency regarding planning and ordinance updates contemplated under subsection (b).

(I)(g) IF A MUNICIPALITYmoratorium ADOPTS,authorized AMENDSunder ORthis REPEALSsection PROVISIONSand <--implemented OFin ANcompliance ORDINANCEwith RELATEDthis TOact HIGHis IMPACTa DATAreasonable, CENTERStime- DURINGlimited Aplanning TEMPORARYmeasure MORATORIUM,and THEshall CHANGEnot TObe THEconstrued ORDINANCEto SHALLeffect NOTa BECOMEtaking EFFECTIVEor PRIORto TOcreate THEliability EXPIRATIONfor OFdamages THEif TEMPORARYthe MORATORIUMmunicipality ANDaffords SHALLthe NOTexemptions APPLYand TOprocedures ANYrequired APPLICATIONunder FORthis Asection. HIGH IMPACT DATA CENTER RECEIVED BY THE MUNICIPALITY PRIOR TO THE EFFECTIVE DATE OF THE TEMPORARY MORATORIUM.

AN(h) APPLICATION(1) THATNothing ISin RECEIVEDthis BYsection Ashall: MUNICIPALITY DURING A TEMPORARY MORATORIUM SHALL BE DEEMED RECEIVED ON THE DAY AFTER THE EXPIRATION OF THE TEMPORARY MORATORIUM.