HB 2888

Overview

This act, known as the Data Center Community Support and Compliance Act, establishes reporting requirements and compliance obligations for hyperscale computer data centers operating in Pennsylvania. The legislation mandates that owners or operators of facilities meeting specific demand thresholds submit detailed plans to the Department of Environmental Protection and the Department of Community and Economic Development regarding energy procurement, water usage, regional impacts, and community benefits prior to construction or commercial operation.

The bill imposes duties on state agencies to review these plans and issue certifications before a facility can commence construction or operations. It creates mechanisms for alternative compliance payments if incremental clean firm energy requirements are not met, mandates annual reporting with third-party verification, and grants municipalities the ability to submit comments on community benefit plans. The act also defines specific terms related to clean firm energy, environmental justice communities, and locational deliverability areas, while preserving municipal zoning authority.

Key Provisions

• Requires owners or operators of hyperscale computer data centers to submit comprehensive energy, water, regional benefits, and sustainability plans to state departments before construction begins.
• Mandates that facilities procure a specific percentage of incremental clean firm energy from within the Commonwealth, increasing from 10% in 2027–2029 to 32% by 2035, with alternative compliance payments required for shortfalls.
• Establishes water management requirements, including hydrogeological studies for facilities near public water sources and commitments to use best available technologies to mitigate impacts on water quantity and quality.
• Requires the creation of a community benefit plan detailing job creation targets (including prevailing wage and above-average wage requirements), local hiring strategies, and financial contributions to regional priorities.
• Obligates owners or operators to enter into community benefit agreements with host municipalities addressing noise, traffic, emergency services, and other local impacts.
• Imposes civil penalties ranging from $10,000 to $50,000 per day for uncured violations of reporting or compliance requirements after a 60-day cure period.
• Requires annual reports filed with the Department of Environmental Protection and the Department of Community and Economic Development, including third-party verification of data accuracy.
• Defines "hyperscale computer data center" as a facility primarily used for electronic information services with a minimum monthly maximum demand of 20 megawatts (or 1 megawatt in smaller utility service areas).
• Preserves the zoning authority of municipalities while requiring state agencies to review and certify plans prior to construction commencement.