Data center bills passed the House almost unanimously, then stalled in the Senate

Data centers have become one of the most debated land-use and energy questions in Pennsylvania, and the state House spent much of this year passing bills about them. As the legislature wraps up its two-year session, Spotlight PA reports that the Senate passed none of the House's data center measures (Spotlight PA).

For residents near proposed sites, those bills would have shaped how much say towns get, what developers must disclose, and whether the state keeps a tax break for data center equipment. Gov. Josh Shapiro and Republican nominee Stacy Garrity both took up data centers in their only debate this month, WITF reported, and data centers are a central issue in at least one targeted state Senate race in the Poconos, according to Spotlight PA.

What passed, and where it stopped

The official records show how lopsided the House votes were, and how far each bill got in the Senate.

House Bill 2674, sponsored by Rep. Chris Pielli, a Chester County Democrat, would keep data centers from being treated as public utilities. Spotlight PA reported that status could let them get around local zoning (Spotlight PA). The bill has 34 co-sponsors. It cleared the House Consumer Protection, Technology and Utilities Committee 26-0 on Sept. 29 and passed the full House 202-1 on Oct. 19. The only no vote was Rep. Manuel Guzman, a Berks County Democrat. As of Friday, the bill page shows no Senate action.

House Bill 2496, sponsored by Rep. Paul Friel, a Chester County Democrat, would let municipalities pause data center proposals. Its 42 co-sponsors include 24 Democrats and 18 Republicans. It passed the House 201-1 on June 24. The Senate Local Government Committee amended and reported it on June 30, then sent it to the Rules and Executive Nominations Committee, where it has stayed for 115 days, according to the bill page.

House Bill 2198, sponsored by Rep. Greg Vitali, a Delaware County Democrat, would repeal the state's sales tax break for data center equipment. It passed the House 197-5 on June 25 and has been in the Senate Finance Committee since June 26, without a vote, according to the bill page.

Senate Bill 1408, sponsored by Sen. Tracy Pennycuick, a Montgomery County Republican, would ban nondisclosure agreements between public agencies and data center developers, require public input and set reporting rules for energy and water use. Its co-sponsors are Sens. James Malone (D), Rosemary Brown (R) and Elder Vogel (R). It cleared the Communications and Technology Committee 11-0 on Sept. 29 and the Rules Committee 16-0 on Oct. 5, according to the bill page. It was never called up for a final vote, Spotlight PA reported.

Spotlight reported that the one data center measure to reach the governor was a disclosure requirement for energy and water use, folded into the state budget deal.

Why it stalled

The records don't explain why bills stall. Spotlight PA reported that lawmakers in both parties were wary of handing the other side a win in an election year. Shapiro's office and Senate Democrats blame Senate Republicans, while Senate Republicans describe their caucus as a "voice of reason," Spotlight reported (Spotlight PA). Pennycuick told Spotlight she had hoped her bill would get a hearing. WITF previewed the fall data center debate in September (WITF).

What happens next

The Senate has two voting days left, Nov. 17 and 18, according to its session schedule. Bills that don't pass both chambers by the end of the session die, and data center bills would have to be reintroduced in January.

Pennycuick and Brown are both on the Nov. 3 ballot in districts that Spotlight PA lists among the state Senate races to watch.