Gov. Shapiro Places Conditions on Data Center Permit Review

Contact: Tom Schuster, tom.schuster@sierraclub.org, 814-915-4231

HARRISBURG – Today, Governor Josh Shapiro issued an executive order eliminating data center eligibility for the Fast Track permitting program and creating extensive new requirements for accessing the normal state permitting process. No state permits will be issued until local land use permits are approved, which will prevent the state from wasting resources on speculative proposals and developers from moving earth for projects that may never get built.

The executive order requires prospective data center developers to sign a legally enforceable consent order in order for government agencies to begin review of any applications prior to the issuance of local government permits. Requirements will include:

  • Pollution controls on diesel backup generators
  • Bringing new generation online, including an increasing percentage from clean energy
  • A prohibition on non-disclosure agreements
  • Water conservation measures
  • Protections against cost shifting to existing customers

Applications from data center developers who do not sign the consent order will not be reviewed until after local permits are granted and river basin commissions have approved water withdrawals, and may not be eligible for existing state tax credits.

In response, Tom Schuster, Director of the Sierra Club Pennsylvania Chapter, issued the following statement:

Communities and utility customers across Pennsylvania have been raising alarms about the impacts of unchecked data center development. Today’s order by Governor Shapiro is a very important step toward data center developer accountability, and makes clear that the Governor is hearing and responding to our serious concerns about data centers.

This order provides an enforceable mechanism to ensure that state-permitted data centers bring more clean power online and don’t depend completely on fossil fuels, protect ratepayers, preserve grid stability, operate transparently, offer employment and other benefits to local communities, and prevent local air and water pollution. Developers who don’t sign these agreements will have a much harder time getting permitted.

To be clear, this order does not solve all the issues we have raised about data centers, but it is a major positive step for Governor Shapiro to take within his existing authority. It complements bipartisan legislation passed in the House to address data center concerns, which we still need. We call on the Senate to stop dragging its feet and pass HB 1834 and other data center guardrails.

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About the Sierra Club: The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.