HB 2516 — An Act amending the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, in general provisions, further providing for definitions; in comprehensive plan, providing for comprehensive plan element for commercial data centers; and, in zoning, providing for zoning, commercial data centers and agricultural land protections and for zoning, commercial data centers, approval procedure and minimum standards.

PRINTER'S NO.   3402

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2516
                                               Session of
                                                 2026

     INTRODUCED BY WALSH, KRUPA, M. BROWN, MENTZER, COOPER AND PUGH,
        MAY 13, 2026

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 13, 2026


                                    AN ACT
 1   Amending the act of July 31, 1968 (P.L.805, No.247), entitled
 2      "An act to empower cities of the second class A, and third
 3      class, boroughs, incorporated towns, townships of the first
 4      and second classes including those within a county of the
 5      second class and counties of the second through eighth
 6      classes, individually or jointly, to plan their development
 7      and to govern the same by zoning, subdivision and land
 8      development ordinances, planned residential development and
 9      other ordinances, by official maps, by the reservation of
10      certain land for future public purpose and by the acquisition
11      of such land; to promote the conservation of energy through
12      the use of planning practices and to promote the effective
13      utilization of renewable energy sources; providing for the
14      establishment of planning commissions, planning departments,
15      planning committees and zoning hearing boards, authorizing
16      them to charge fees, make inspections and hold public
17      hearings; providing for mediation; providing for transferable
18      development rights; providing for appropriations, appeals to
19      courts and penalties for violations; and repealing acts and
20      parts of acts," in general provisions, further providing for
21      definitions; in comprehensive plan, providing for
22      comprehensive plan element for commercial data centers; and,
23      in zoning, providing for zoning, commercial data centers and
24      agricultural land protections and for zoning, commercial data
25      centers, approval procedure and minimum standards.
26      The General Assembly of the Commonwealth of Pennsylvania
27   hereby enacts as follows:
28      Section 1.    Section 107 of the act of July 31, 1968 (P.L.805,
29   No.247), known as the Pennsylvania Municipalities Planning Code,
 1   is amended by adding definitions to read:
 2      Section 107.    Definitions.--(a)    The following words and
 3   phrases when used in this act shall have the meanings given to
 4   them in this subsection unless the context clearly indicates
 5   otherwise:
 6      "Agricultural conservation easement," as defined in section 3
 7   of the act of June 30, 1981 (P.L.128, No.43), known as the
 8   "Agricultural Area Security Law."
 9      * * *
10      "Agricultural security area," as defined in section 3 of the
11   "Agricultural Area Security Law."
12      * * *
13      "Commercial data center," a facility, campus of facilities or
14   array of interconnected facilities located within this
15   Commonwealth that:
16      (1)   is predominantly used to house and operate equipment
17   that receives, stores, aggregates, manages, processes,
18   transforms, retrieves, researches or transmits data; and
19      (2)   has a peak demand of 25 megawatts or greater.
20      * * *
21      Section 2.    The act is amended by adding sections to read:
22      Section 301.6.    Comprehensive Plan Element for Commercial
23   Data Centers.--If a municipality's comprehensive plan includes
24   commercial data centers, the plan shall identify:
25            (1)   areas generally appropriate for the use of a data
26      center, including where public infrastructure and utility
27      capacity is available or planned; and
28            (2)   agricultural resources to be avoided, including
29      prime agricultural land, agricultural security areas and land
30      subject to agricultural conservation easements.

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 1         Section 603.2.    Zoning; Commercial Data Centers; Agricultural
 2   Land Protections.--(a)       If a zoning ordinance authorizes
 3   commercial data centers in any zoning district, the zoning
 4   ordinance shall include standards that address:
 5               (1)   setbacks and buffering from residential uses;
 6               (2)   noise, lighting and landscaping mitigation;
 7               (3)   documentation evidencing adequate water supply,
 8         sewage disposal and storm water management consistent with
 9         applicable law, including identification of the proposed
10         source of water supply and any proposed groundwater
11         withdrawal and, where the tract is in active agricultural use
12         or adjoins land in active agricultural use, measures to avoid
13         or mitigate adverse impacts to existing water supplies and
14         private wells serving adjoining properties, including setback
15         or separation requirements for proposed water withdrawal
16         infrastructure;
17               (4)   emergency response planning; and
18               (5)   decommissioning, including standards for the removal
19         of structures and equipment and restoration of the site after
20         the commercial data center ceases operation.
21         (b)   A zoning ordinance may not permit and no governing body
22   or zoning hearing board may approve, authorize or grant relief
23   to allow a commercial data center on a tract, lot or parcel that
24   is:
25               (1)   within an agricultural security area; or
26               (2)   subject to an agricultural conservation easement.
27         (c)   Nothing in this section shall be construed to limit a
28   municipality from adopting more restrictive standards, including
29   overlay zoning districts or additional setbacks, consistent with
30   this act and other applicable law.

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 1      Section 603.3.    Zoning; Commercial Data Centers; Approval
 2   Procedure and Minimum Standards.--(a)    A commercial data center
 3   shall not be permitted in a municipality unless the zoning
 4   ordinance expressly authorizes the use in a zoning district and
 5   includes standards consistent with section 603.2 and this
 6   section. A municipality may authorize a commercial data center
 7   as a conditional use or special exception under section 603(c).
 8   Nothing in this section shall be construed to require a
 9   municipality to permit, provide for or authorize a commercial
10   data center in any zoning district.
11      (b)   Unless a municipality adopts a more restrictive
12   requirement, the zoning ordinance shall require:
13            (1)   a setback of not less than 2,500 feet between any
14      principal building of a commercial data center and the
15      nearest boundary line of any parcel containing a dwelling or
16      zoned for residential use;
17            (2)   a setback of not less than 300 feet from any public
18      road right-of-way;
19            (3)   maximum height limits for principal buildings and
20      accessory structures;
21            (4)   landscaping and screening to mitigate visual,
22      lighting and noise impacts, which may include evergreen
23      plantings, berms, fencing, walls or other durable screening
24      materials; and
25            (5)   any other objective buffering, screening or height
26      requirements established by the municipality.
27      (c)   In addition to the notice required under section 908 for
28   an application for conditional use or special exception approval
29   of a commercial data center, the municipality shall ensure the
30   following:

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 1        (1)   The applicant submits to the municipality, and the
 2    municipality makes available for public inspection, a plain-
 3    language project summary, including:
 4              (i)    the location and parcel identification of the
 5        proposed site;
 6              (ii)    a general description of the proposed
 7        development and phases, if any;
 8              (iii)    the anticipated peak demand stated in
 9        megawatts and the anticipated source or sources of
10        electric supply;
11              (iv)    the anticipated maximum daily water withdrawal,
12        diversion or consumptive use, if any, and the source or
13        sources of water supply;
14              (v)    proposed measures for buffering, lighting and
15        noise mitigation;
16              (vi)    any site plan, utility plan or other materials
17        required by the zoning ordinance to demonstrate
18        compliance with applicable setback, buffering, lighting,
19        noise, water, sewage, storm water and emergency response
20        standards; and
21              (vii)    a statement indicating whether a Pennsylvania
22        Natural Diversity Inventory environmental review has been
23        initiated or completed for the proposed project area and,
24        if completed, a copy of the current Pennsylvania Natural
25        Diversity Inventory Project environmental review receipt.
26        (2)   Written notice of the hearing is mailed to owners of
27    real property located within one mile of the boundaries of
28    the tract using addresses shown on county assessment rolls.
29    The municipality may require the applicant to supply the
30    mailing list and evidence of mailing.

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 1            (3)   A conspicuous notice is posted on the affected tract
 2      not less than 30 days prior to the first hearing and
 3      maintained through the date of the first hearing.
 4      (d)   In granting an approval under subsection (a), the
 5   municipality:
 6            (1)   shall make findings that the application complies
 7      with the zoning ordinance, section 603.2 and this section;
 8      and
 9            (2)   may impose reasonable conditions and safeguards
10      authorized under section 603(c) to mitigate impacts.
11      (e)   Following the public hearing required under section 609,
12   a municipality may prohibit commercial data centers in all
13   zoning districts if the governing body finds that the use would
14   be inconsistent with the municipality's statement of community
15   development objectives or would adversely affect public
16   infrastructure, emergency management services, natural resources
17   or the public's health, safety or general welfare.
18      Section 3.    This act shall take effect in 60 days.




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