HB 2246 — An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in water resources planning, further providing for State water plan and providing for covered data centers; and promulgating regulations.

PRINTER'S NO.   2937

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2246
                                               Session of
                                                 2026

     INTRODUCED BY WEBSTER, WAXMAN, PROKOPIAK, HILL-EVANS, PROBST,
        HADDOCK, RIVERA, VITALI, SAPPEY, BURGOS, MAYES, BOROWSKI,
        SANCHEZ, MALAGARI, DONAHUE, CEPEDA-FREYTIZ, BOYD, STEELE,
        FRANKEL, SCOTT AND FREEMAN, FEBRUARY 24, 2026

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, FEBRUARY 25, 2026


                                    AN ACT
 1   Amending Title 27 (Environmental Resources) of the Pennsylvania
 2      Consolidated Statutes, in water resources planning, further
 3      providing for State water plan and providing for covered data
 4      centers; and promulgating regulations.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 3111(c) of Title 27 of the Pennsylvania
 8   Consolidated Statutes is amended to read:
 9   § 3111.    State water plan.
10      * * *
11      (c)    Limitation of authority.--[Nothing] Except as provided
12   under section 3118.1 (relating to covered data centers), nothing
13   contained in this chapter shall be construed to authorize,
14   expand or diminish the existing authority of the department,
15   including the Environmental Quality Board, to regulate, control
16   or require permits for the withdrawal or use of water.
17      Section 2.    Title 27 is amended by adding a section to read:
 1   § 3118.1.      Covered data centers.
 2      (a)   Department powers.--Subject to the provisions of section
 3   501 of the act of June 22, 1937 (P.L.1987, No.394), known as The
 4   Clean Streams Law, in order to implement the provisions of this
 5   section, the department may:
 6            (1)    require notification and reporting from a covered
 7      data center related to water use and water withdrawals;
 8            (2)    require additional conditions for a permit issued
 9      under section 402 of The Clean Streams Law to a covered data
10      center;
11            (3)    monitor water withdrawals by a covered data center;
12      and
13            (4)    coordinate with other governmental bodies as
14      necessary to implement the provisions of this section.
15      (b)   Preapplication notification.--
16            (1)    In addition to any other requirements under Federal
17      or State law, a person who is developing a covered data
18      center project shall notify the department in a form and
19      manner prescribed by the department.
20            (2)    Upon receipt of the notice under paragraph (1), the
21      department shall require a covered data center to report
22      additional information to assess the ability of a water
23      source to adequately meet the water use needs of the project
24      at a proposed location. Information requested by the
25      department shall include:
26                  (i)    A description of the proposed covered data
27            center project and how water will be used.
28                  (ii)    Daily, monthly and annual estimated maximum
29            water use and discharge rates and volumes.
30                  (iii)    The anticipated water source.

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 1                (iv)    Evidence that the proposed withdrawal will not
 2          adversely affect the quantity or quality of water for
 3          other uses or users and that the designations and uses of
 4          the source water body will be maintained.
 5                (v)    Water quality and temperature requirements for
 6          both intake and discharge.
 7                (vi)    Additional necessary information as determined
 8          by the department.
 9          (3)   The department shall review and evaluate the
10    information supplied under paragraph (2) and provide a
11    written response within 30 days, which may be transmitted
12    electronically, describing the potential water availability
13    constraints at each proposed site.
14    (c)   Additional permit considerations.--
15          (1)   When issuing a new or modified permit under section
16    402 of The Clean Streams Law to a covered data center, the
17    department shall ensure that:
18                (i)    adequate protections for the environment, water
19          quality, public health and public safety are maintained;
20                (ii)    water quality, water quantity and affordability
21          for customers of a public water system and adjacent water
22          users, including private wells, are not adversely
23          impacted by the covered data center;
24                (iii)    the quantity of water available is sufficient
25          to support the use by the covered data center;
26                (iv)    water use conflicts are addressed consistent
27          with relevant State and local law; and
28                (v)    technologies and other measures that promote
29          water conservation are considered, including, but not
30          limited to:

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 1                      (A)   using water efficient fixtures and
 2                  practices;
 3                      (B)   recycling water before discharging;
 4                      (C)   partnering with local water utilities to use
 5                  discharged water from the covered data center;
 6                      (D)   using reclaimed water;
 7                      (E)   installing closed-loop systems; and
 8                      (F)   supporting water restoration and
 9                  replenishment in local watersheds.
10            (2)   The department shall require a permit applicant to
11      conduct an aquifer test if the department determines that the
12      test results are necessary in order to ensure compliance with
13      this subsection.
14            (3)   If the covered data center is within the
15      jurisdiction of a river basin commission, the department
16      shall require a permit applicant under this section to obtain
17      approval from the relevant river basin commission prior to
18      commencing water withdrawals.
19      (d)   Coordination.--The department shall consult and
20   coordinate with other Commonwealth agencies, the Pennsylvania
21   Public Utility Commission, municipalities, river basin
22   commissions and county conservation districts as needed when
23   reviewing or evaluating a project under this section.
24      (e)   Denial.--The department shall deny any request if the
25   department finds that there is a reasonably foreseeable risk of
26   adverse impact to adjacent water users, waters of the
27   Commonwealth, wetlands or any other water use as shall be
28   prescribed by the department through promulgation of regulations
29   under this section.
30      (f)   Monitoring.--

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 1            (1)   The department shall require monitoring of water
 2      sources, including both surface and groundwater sources, for
 3      any adverse impact after construction is complete.
 4            (2)   If there is an adverse impact to adjacent water
 5      users, waters of the Commonwealth, wetlands or other water
 6      use, the department shall require the covered data center to
 7      temporarily cease withdrawal until the adverse impact is
 8      remedied.
 9      (g)   Forms.--The department shall publish and make available
10   all forms created in accordance with this section on the
11   department's publicly accessible Internet website.
12      (h)   Fee.--
13            (1)   The department may charge a fee in an amount set by
14      the Environmental Quality Board that is reasonably sufficient
15      to maintain the duties necessary to implement this section.
16            (2)   Revenue from the fee collected in paragraph (1)
17      shall be deposited into The Clean Water Fund. The money
18      deposited into The Clean Water Fund shall be used by the
19      department exclusively for the administration and enforcement
20      of this section.
21      (i)   Regulations.--
22            (1)   The Environmental Quality Board shall promulgate
23      regulations as necessary to implement this section.
24            (2)   In order to facilitate the prompt implementation of
25      this section, the Environmental Quality Board shall
26      promulgate temporary regulations that shall expire no later
27      than two years following the publication of the temporary
28      regulations. The temporary regulations shall not be subject
29      to:
30                  (i)   Section 612 of the act of April 9, 1929

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 1            (P.L.177, No.175), known as The Administrative Code of
 2            1929.
 3                  (ii)    Sections 201, 202, 203, 204 and 205 of the act
 4            of July 31, 1968 (P.L.769, No.240), referred to as the
 5            Commonwealth Documents Law.
 6                  (iii)    Sections 204(b) and 301(10) of the act of
 7            October 15, 1980 (P.L.950, No.164), known as the
 8            Commonwealth Attorneys Act.
 9                  (iv)    The act of June 25, 1982 (P.L.633, No.181),
10            known as the Regulatory Review Act.
11            (3)   The Environmental Quality Board's authority to adopt
12      temporary regulations under this subsection shall expire two
13      years after the effective date of this paragraph. Regulations
14      adopted after this period shall be promulgated as provided by
15      law before the expiration of the temporary regulations under
16      paragraph (2).
17      (j)   Prohibition.--Nothing in this section shall be construed
18   to limit any existing department duty or requirement.
19      (k)   Appeals.--Any determination by the department under this
20   section may be appealed in accordance with the act of July 13,
21   1988 (P.L.530, No.94), known as the Environmental Hearing Board
22   Act.
23      (l)   Definitions.--As used in this section, the following
24   words and phrases shall have the meanings given to them in this
25   subsection unless the context clearly indicates otherwise:
26      "Covered data center."       All or part of a facility that:
27            (1)   is composed of one or more businesses, owners or
28      tenants;
29            (2)   is predominantly used to house working servers or
30      similar data storage systems;

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1         (3)   may have uninterruptible energy supply or generator
2     backup power, or both, cooling systems, towers and other
3     temperature control infrastructure; and
4         (4)   has a proposed consumptive use of water exceeding
5     100,000 gallons per day over a period of 30 days.
6     Section 3.    This act shall take effect in 60 days.




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