Pennsylvania requires local approvals before state permit review of large data centers
For new applications by data centers above 25 megawatts, a binding consent order allows rolling state review; data centers are removed from fast-track and the sales tax exemption is tied to the conditions.
On August 18, 2026, Governor Josh Shapiro signed Executive Order 2026-05, "Protecting Pennsylvania Consumers from Data Center Impacts", which takes effect immediately and remains in effect until amended or rescinded by the Governor. It concerns data center projects with peak demand of over 25 megawatts ("MW") and directs the Department of Environmental Protection ("DEP") to review permit applications for those projects on a rolling basis only where the applicant executes a consent order and agreement, and to begin processing only after documentation of local approvals. The order also removes data center projects from the PA Permit Fast Track Program. It states that it creates no right or benefit enforceable at law or in equity against the Commonwealth.
Pa. Executive Order 2026-05 (Aug. 18, 2026); Executive Order 2024-04