HB 2588

                                                  PRINTER'S NO.   3497
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2588
                                            Session of
                                              2026
INTRODUCED BY M. BROWN, GREINER, BANTA, WALLEN, ZIMMERMAN AND
   WALSH, JUNE 1, 2026
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 2, 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; and, in zoning, further providing for ordinance
22    provisions.
23    The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25    Section 1.    Section 107(a) of the act of July 31, 1968
26 (P.L.805, No.247), known as the Pennsylvania Municipalities
27 Planning Code, is amended by adding definitions to read:
28    Section 107.    Definitions.--(a)    The following words and
1 phrases when used in this act shall have the meanings given to
2 them in this subsection unless the context clearly indicates
3 otherwise:
4    * * *
5    "Data center," a facility, campus of facilities or
6 interconnected array of facilities, whether under common or
7 separate ownership or tenancy, that meets all of the following:
8    (1)   Is predominantly used to house operating servers or
9 similar data storage systems.
10    (2)   Has an uninterruptible energy supply, generator backup
11 power, cooling system, cooling tower or other temperature
12 control infrastructure.
13    (3)   Has a peak electric demand of ten megawatts or greater.
14    * * *
15    "Hyperscale data center," a data center located on a tract or
16 contiguous tracts of land exceeding five acres.
17    * * *
18    Section 2.   Section 603 of the act is amended by adding
19 subsections to read:
20    Section 603.   Ordinance Provisions.--* * *
21    (m)   A zoning ordinance may not permit a hyperscale data
22 center as a use by right, conditional use or special exception
23 in a zoning district in which agriculture is a permitted use
24 unless the zoning ordinance does not permit a hyperscale data
25 center as a use by right, conditional use or special exception
26 in any other zoning district of the municipality.
27    (n)   A zoning ordinance may not permit a data center as a use
28 by right, conditional use or special exception on a tract in an
29 agricultural zoning district if at least 50% of the tract
30 consists of any of the following:
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1(1)   Prime agricultural land.
2(2)   Land that contains soils of the fourth class as
3    defined by the United States Department of Agriculture
4    Natural Resource and Conservation Services County Soil
5    Survey.
6    Section 3.   The addition of section 603(m) and (n) of the act
7 shall apply to an application for development filed on or after
8 the effective date of this section.
9    Section 4.   This act shall take effect in 60 days.
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