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Legislative committees approved narrowly drawn data center bills this week ahead of a Capitol rally seeking to halt their development.
Gov. Josh Shapiro and lawmakers of both parties are dealing with a public backlash to data centers a month before the Nov. 3 election.
The public response is driven by a flood of projects and concerns about data centers transforming landscapes and consuming too much electric power and water.
Shapiro and Senate and House leaders have rejected calls from local citizen groups for a moratorium on new data centers.
Several bills moving this week give statutory teeth to Shapiro's executive order seeking to curb speculative data center projects.
The issue of a bill's scope surfaced as the House Energy Committee voted unanimously for House Bill 2775 requiring data centers to apply for a grid interconnection and pay fees before seeking local zoning or land use proposal.
The committee voted 14-12 along party lines, with majority Democrats opposed, to reject an amendment requiring data centers to bring their own power supply or retrofit an existing generation facility.
The author, Rep. Craig Williams, R-Delaware, said his amendment would reduce the price of energy capacity auctions, the main driver he added of energy cost spikes.
Committee Majority Chair Elizabeth Fiedler, D-Philadelphia, urged keeping HB2775 just focused on the interconnection requirement. She said the amendment could limit use of solar and battery power by data centers.
The energy committee voted unanimously for House Bill 2828 requiring that data centers bear costs of any new generation, transmission lines and other upgrades to the electric grid.
Committee Minority Chair Martin Causer, R-Bradford, said he voted to move the bill along but hopes to see floor amendments considered.
HB1828 sponsored by Fiedler gives statutory teeth to a major part of Shapiro's order.
HB1828 requires data centers to curtail electric use during grid emergencies to help preserve available energy unless they have sufficient on-site generation.
Shapiro's order directs the Public Utility Commission to establish protocols to cut off electric service to data centers before other consumers when the grid is stressed.
HB1828 requires electric utilities to adopt the PUC's new voluntary tariff on "large load" customers, including data centers.
The tariff makes large customers responsible for infrastructure and connection costs, requires financial deposits and collateral for financial security and requires utilities to complete interconnection studies within six months.
The House Consumer Protection, Technology & Utilities Committee on Tuesday unanimously approved House Bill 2674 preventing data centers from obtaining public utility status.
Rep. Chris Pielli, D-Chester, the bill sponsor, said some tech firms seek that status so they can override local zoning and exercise eminent domain to take private property.
"We need to cut off the exploitative loophole," Pielli told the panel.
Senate committee
The Senate Communications and Technology Committee Tuesday unanimously approved Senate Bill 1408 banning future non-disclosure agreements between data center developers, local governments and state agencies.
SB1408 wants to prevent keeping details about data centers, their construction, development and location from the public.
"By prohibiting state and local agencies from entering into non-disclosure agreements, we can ensure that key decisions about the future of our local communities are made with transparency," said Sen. Tracy Pennycuick, R-Montgomery, the bill sponsor.
Shapiro's executive order on data centers bans non-disclosure agreements too.
Tuesday rally
The two dozen groups planning the rally next Tuesday want action to stop data center development.
The coalition includes local citizen organizations and environmental groups.
The list includes the Delaware Riverkeeper Network, Allegheny County Clean Air Now and Concerned Citizens of Montour County.
They criticize state government for inaction on the issue in their organizational material.
They refer to "weak laws and guardrails that are focused on giving data centers a pathway to construction despite their community, environmental, agricultural and worker impacts."