Summary: States and communities have not planned and are not ready for the impacts of large data centers. The Hyperscale Data Center Moratorium Act delays permitting for three years in order to protect both local residents and statewide infrastructure.
Based on Pennsylvania SB 1359 (2026)
SECTION 1. SHORT TITLE
This Act shall be called the “Hyperscale Data Center Moratorium Act.”
SECTION 2. FINDINGS AND PURPOSE
(A) FINDINGS—The legislature finds that:
(1) There is a rush to build giant data centers, largely driven by the AI boom.
(2) Cooling these centers requires a tremendous amount of water, which a community, a region, or the whole state may not be able to safely supply.
(3) Powering these centers requires a tremendous amount of electricity, which a community, a region, or the whole state may not be able to safely supply.
(4) Building and operating these centers will cause a great deal of localized pollution, which may adversely affect a community, a region, or the whole state.
(5) The state and its localities need time to develop policies and standards for large data centers.
(B) PURPOSE—This law is enacted to protect the state and local infrastructure and the environment.
SECTION 3. ELECTION CAMPAIGN DISCLOSURES
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITIONS—In this section:
(1) “Hyperscale data center” means a retail electric customer facility that is used primarily or exclusively for electronic information services such as the management, storage, processing and dissemination of electronic data and information through the use of computer systems, servers, networking equipment and related components, and has an aggregate monthly maximum demand of either of the following minimum thresholds: (a) for an electric distribution company whose peak load is equal to or above 2,500 megawatts, 20 megawatts; or (b) for an electric distribution company whose peak load is less than 2,500 megawatts, one megawatt.
(2) For the purpose of calculating the aggregate minimum thresholds under paragraph (1), the sum of all load of the retail electric customer’s affiliated companies and companies with common ownership shall be included. If there are multiple facilities at a single location of less than the applicable minimum thresholds, but the aggregate total load is greater than the minimum thresholds, all the multiple facilities shall be included.
(B) MORATORIUM
(1) A moratorium is imposed on (a) the development or permitting of any new construction or expansion of a hyperscale data center in this Commonwealth, (b) the expansion of a data center that is not currently a hyperscale data center but, if expanded, would become a hyperscale data center, and (c) data center infrastructure such as new power generating facilities and utility transmission infrastructure required to power a hyperscale data center.
(b) The moratorium is in effect for 36 months from the effective date of this subsection.
(c) The state and any governmental agency or political subdivision of the state shall not, regardless of when the application was or is received, accept an application, or issue a permit or approval based on an application, for the siting, construction or commencement of operation of a hyperscale data center during the moratorium.
(C) ENFORCEMENT
(1) Any action by a state agency or subdivision in violation of this section is void.
(2) The Attorney General may bring an action in a court of competent jurisdiction to enforce this section.
SECTION 4. EFFECTIVE DATE
This law shall become effective immediately on enactment.