HB 2515 — 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.

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
 1   Providing for commercial data center transparency regarding
 2      energy use, water use and noise pollution; imposing duties on
 3      the Department of Environmental Protection, the Department of
 4      Transportation and the Office of Attorney General; and
 5      imposing civil penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Short title.
 9      This act shall be known and may be cited as the Commercial
10   Data Center Transparency Act.
11   Section 2.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Applicant."   A person or entity that files, or on whose
16   behalf a person files, an application with a permitting
17   authority for a permit, approval, certification or authorization
18   for a commercial data center project.
19      "Commercial data center."    A facility, campus of facilities
 1   or array of interconnected facilities in this Commonwealth that
 2   is used to house and operate equipment that receives, stores,
 3   aggregates, manages, processes, transforms, retrieves,
 4   researches or transmits data and that has a peak demand of 25
 5   megawatts or greater.
 6      "Commercial data center project."   The siting, development,
 7   construction, expansion or operation of a commercial data
 8   center, including associated utility or energy infrastructure,
 9   water supply infrastructure, wastewater infrastructure and site
10   work, to the extent the components are subject to an approval,
11   permit or authorization by a permitting authority.
12      "Commonwealth permitting authority."   A department, agency,
13   independent agency, board or commission of the Commonwealth that
14   issues a permit, approval, certification, authorization or other
15   governmental permission required for the construction or
16   operation of a commercial data center project.
17      "Consumptive use."   The portion of water withdrawn or
18   diverted for a commercial data center project that is lost,
19   diverted out of a basin or otherwise not returned to the waters
20   of the basin from which the water was withdrawn, as determined
21   by the applicable permitting authority.
22      "Department."    The Department of Environmental Protection of
23   the Commonwealth.
24      "Electric distribution company."    An electric distribution
25   company as defined in 66 Pa.C.S. § 2803 (relating to
26   definitions).
27      "Interstate river basin commission."   The term shall include
28   the:
29          (1)   Delaware River Basin Commission.
30          (2)   Susquehanna River Basin Commission.

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 1      "Permitting authority."     A Commonwealth permitting authority
 2   or an interstate river basin commission.
 3      "Public utility."     As defined in 66 Pa.C.S. § 102 (relating
 4   to definitions).
 5      "Water use."     A new or increased withdrawal, diversion or
 6   consumptive use of water associated with a commercial data
 7   center project, measured as an average daily quantity, stated in
 8   gallons per day, during any consecutive 30-day period.
 9   Section 3.     Disclosure in applications.
10      (a)   Disclosure.--An applicant shall state in the application
11   that the application is for a commercial data center project, in
12   the manner required by the Commonwealth permitting authority.
13      (b)   Applications covered.--Subsection (a) applies to
14   applications filed with a Commonwealth permitting authority
15   relating to:
16            (1)   water withdrawal, diversion or consumptive use;
17            (2)   wastewater treatment or disposal;
18            (3)   air quality;
19            (4)   storm water, erosion or sediment control;
20            (5)   highway occupancy permits or other transportation
21      approvals; and
22            (6)   any other permit, approval, certification or
23      authorization required for the construction or operation of a
24      commercial data center project.
25      (c)   False statement.--A person who knowingly fails to make
26   the disclosure required under subsection (a), or knowingly makes
27   a materially false statement related to the disclosure, is
28   subject to enforcement under section 9.
29   Section 4.     Water use transparency.
30      (a)   Applicability.--This section shall apply to a commercial

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 1   data center project if the commercial data center, including any
 2   existing facility, addition, expansion or phase of development
 3   of the data center, has:
 4            (1)   water use of more than 100,000 gallons per day; or
 5            (2)   consumptive water use of 20,000 gallons per day or
 6      more.
 7      (b)   Administration.--The department shall administer this
 8   section and may consult with other Commonwealth permitting
 9   authorities.
10      (c)   Submission by applicant.--
11            (1)   For a project subject to subsection (a), the
12      applicant shall submit to the department, in a form
13      prescribed by the department:
14                  (i)    the proposed maximum daily water use for the
15            entire commercial data center, including any existing
16            facility, addition, expansion or phase of development,
17            stated in gallons per day, and whether the project
18            includes withdrawal, diversion, consumptive use or a
19            combination withdrawal, diversion or consumptive use;
20                  (ii)    the source or sources of water supply;
21                  (iii)    measures to minimize water use, including
22            reuse or recycling, if proposed; and
23                  (iv)    whether the commercial data center project
24            requires review or approval by an interstate river basin
25            commission under the applicable rules or regulations of
26            the commission and, if applicable, the status of the
27            applicant's submission to or approval by the commission.
28            (2)   The applicant shall provide a copy of the submission
29      under paragraph (1) to the county and local municipality in
30      which the commercial data center project is proposed to be

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 1      located.
 2      (d)   Timing of submission.--The submission required under
 3   subsection (c) shall be made within five business days after the
 4   applicant files an application with a Commonwealth permitting
 5   authority under section 3 for the commercial data center
 6   project. If the applicant submits an amended application,
 7   revised application, permit amendment, permit modification or
 8   other change to an application for the commercial data center
 9   project that changes the information required under subsection
10   (c), the applicant shall submit a revised submission to the
11   department within five business days after filing the amended
12   application, revised application, permit amendment, permit
13   modification or other change. Upon receipt of a revised
14   submission under this subsection, the department shall treat the
15   revised submission as a new submission for purposes of
16   subsection (e).
17      (e)   Public posting.--The department shall:
18            (1)   Within 10 business days after receipt of a complete
19      submission or revised submission under subsection (c) or (d):
20                  (i)    post the submission or revised submission and a
21            plain-language summary in accordance with subsection (f)
22            on the department's publicly accessible Internet website;
23            and
24                  (ii)   transmit a copy of the plain-language summary
25            to the county and local municipality in which the
26            commercial data center project is proposed to be located.
27            (2)   Accept written public comments for not less than 90
28      days after posting.
29      (f)   Plain-language summary.--The summary required under
30   subsection (e)(1) shall include:

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 1            (1)   the proposed maximum daily water use;
 2            (2)   the source or sources of water supply;
 3            (3)   an explanation of consumptive use, if applicable;
 4            (4)   measures to minimize water use, including reuse or
 5      recycling, if proposed; and
 6            (5)   how to submit comments and obtain additional
 7      information.
 8      (g)   Public comments.--The department shall transmit comments
 9   received within the comment period under subsection (e)(2) to
10   each Commonwealth permitting authority reviewing an application
11   for the commercial data center project and shall maintain the
12   comments as part of the public record.
13      (h)   Construction.--Nothing in this section shall be
14   construed to:
15            (1)   expand or limit the substantive permitting
16      jurisdiction of the department, another Commonwealth
17      permitting authority or an interstate river basin commission;
18      or
19            (2)   replace or modify public notice or public comment
20      requirements otherwise applicable to a permit, approval,
21      certification or authorization under other law.
22   Section 5.     Coordination.
23      (a)   Interstate river basin commissions.--Nothing in this act
24   shall be construed to supersede or limit the authority of an
25   interstate river basin commission or the applicability of
26   commission review where otherwise required.
27      (b)   Documentation of commission status.--For a commercial
28   data center project subject to review by an interstate river
29   basin commission, an applicant shall provide to the Commonwealth
30   permitting authority documentation demonstrating:

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 1            (1)   submission to the applicable commission; and
 2            (2)   where required, approval by the applicable
 3      commission or the status of review.
 4      (c)   Condition on final Commonwealth action.--A Commonwealth
 5   permitting authority may require documentation under subsection
 6   (b) as a condition of final action on a permit, approval,
 7   certification or authorization materially related to water use
 8   for the commercial data center project.
 9   Section 6.     Utility cost transparency and commission oversight.
10      (a)   Utility statement required upon request.--Upon written
11   request of a municipality or a Commonwealth permitting
12   authority, the serving electric distribution company shall
13   provide a written statement, based on information reasonably
14   available to the electric distribution company at the time of
15   the statement, identifying:
16            (1)   the anticipated peak demand for the commercial data
17      center, stated in megawatts;
18            (2)   a general description of distribution facilities
19      reasonably anticipated to be required primarily to serve the
20      commercial data center;
21            (3)   the manner in which the costs of such facilities are
22      expected to be assigned under tariffs, service agreements or
23      commission-approved cost allocation mechanisms; and
24            (4)   whether any costs described under paragraph (3) may
25      be recovered from retail electric customers other than the
26      commercial data center customer and, if so, a general
27      description of the class or classes of customers from which
28      the costs may be recovered.
29      (b)   Commission oversight.--The Pennsylvania Public Utility
30   Commission shall, in exercising its authority under 66 Pa.C.S.

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 1   (relating to public utilities), ensure that commission-approved
 2   tariffs and cost allocation mechanisms appropriately assign to
 3   commercial data center customers the reasonable costs of
 4   facilities required primarily to serve commercial data center
 5   load, to the extent permitted by law.
 6      (c)   Confidential security information.--Nothing in this
 7   section shall be construed to require disclosure of confidential
 8   security information protected under the act of November 29,
 9   2006 (P.L.1435, No.156), known as the Public Utility
10   Confidential Security Information Disclosure Protection Act, or
11   regulations adopted thereunder.
12   Section 7.     Transportation-related noise mitigation.
13      (a)   Applicability.--This section shall apply to:
14            (1)   a Department of Transportation highway project that
15      is undertaken primarily to serve a commercial data center
16      project, as determined by the Department of Transportation;
17      or
18            (2)   mitigation required as a condition of a highway
19      occupancy permit issued by the Department of Transportation
20      under 67 Pa. Code Ch. 441 that is undertaken primarily to
21      serve a commercial data center project, as determined by the
22      Department of Transportation.
23      (b)   Consideration of noise mitigation.--For a project under
24   subsection (a), the Department of Transportation shall:
25            (1)   evaluate noise mitigation measures, including
26      barriers, berms, vegetative buffers, natural buffers and
27      other similar measures; and
28            (2)   where practicable and consistent with applicable
29      Federal requirements and department standards, incorporate
30      appropriate noise mitigation measures into the project

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 1      design.
 2   Section 8.    Municipal zoning.
 3      Nothing in this act shall be construed to require a
 4   municipality to permit or provide for a commercial data center
 5   or commercial data center project under the act of July 31, 1968
 6   (P.L.805, No.247), known as the Pennsylvania Municipalities
 7   Planning Code, or under any other law governing local land use.
 8   Section 9.    Enforcement.
 9      (a)   Attorney General.--The Attorney General may bring an
10   action to enforce this act in Commonwealth Court.
11      (b)   Injunctive relief.--In addition to any other remedy
12   available under law, the court may grant injunctive relief to
13   restrain a violation of this act.
14      (c)   Civil penalty.--A person or entity who knowingly
15   violates section 3 commits a civil violation and may be subject
16   to a civil penalty not to exceed $10,000 per violation. Each day
17   of a continuing violation constitutes a separate violation.
18      (d)   Permit-related enforcement.--The submission of false or
19   misleading information under section 3 or 4, or the failure to
20   provide or update information required under section 3 or 4,
21   shall constitute grounds for denial, suspension, modification or
22   revocation of a permit, approval, certification or authorization
23   for the commercial data center project by the permitting
24   authority in accordance with applicable law.
25      (e)   Other enforcement.--Nothing in this section limits the
26   enforcement authority of a permitting authority under any other
27   law.
28   Section 10.    Effective date.
29      This act shall take effect in 60 days.



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