In water resources planning, further providing for State water plan and providing for covered data centers; and promulgating regulations.
HB2246 amends Pennsylvania’s water resources planning law to create a new regulatory framework for “covered data centers,” defined as facilities primarily housing servers or data storage systems that propose to use more than 100,000 gallons of water per day over a 30-day period. The bill requires these projects to notify the Department of Environmental Protection before development and to provide detailed information about projected water use, discharge, source water, and protections for water quality and quantity. The department must respond in writing within 30 days with site-specific water availability concerns.
The bill also gives the department explicit authority to impose additional permit conditions on covered data centers under The Clean Streams Law, require aquifer testing when needed, coordinate with river basin commissions and other agencies, and monitor water withdrawals after construction. If the department finds a reasonably foreseeable risk of harm to nearby water users, waters of the Commonwealth, wetlands, or other protected water uses, it must deny the request. The bill further requires ongoing monitoring and allows the department to order a temporary cessation of withdrawals if adverse impacts occur.
HB2246 would affect state law by carving out a specific data-center-related process within Title 27 and clarifying that the State water plan does not limit the department’s authority in this area except as provided by the new section. It also directs the Environmental Quality Board to issue implementing regulations, including temporary regulations on an expedited basis, and authorizes the department to charge fees deposited into The Clean Water Fund to support administration and enforcement. The bill preserves appeal rights through the Environmental Hearing Board Act.
The overall sentiment reflected in the vote history appears supportive but not unanimous. The bill advanced out of the House Environmental & Natural Resource Protection Committee, then the House Appropriations Committee, and ultimately passed the House floor with a majority vote. That pattern suggests broad interest in regulating large water-using data centers, especially around water supply, conservation, and environmental safeguards.
The main point of contention is likely the balance between encouraging data center development and imposing new state oversight, reporting, and permit conditions. Supporters appear focused on protecting public water supplies, private wells, wetlands, and local affordability, while potential critics may view the bill as adding regulatory burden, permitting uncertainty, and possible delays for technology and infrastructure projects. The bill’s requirement for denial when there is a reasonably foreseeable risk of adverse impact indicates a precautionary approach that may be central to debate.
The bill would amend Title 27 of the Pennsylvania Consolidated Statutes to create a new permitting and oversight regime for large water-consuming data centers, while also clarifying the Department of Environmental Protection’s authority under the State water plan and The Clean Streams Law. It would require preapplication notice, detailed water-use disclosures, possible aquifer testing, monitoring of surface and groundwater withdrawals, coordination with other agencies and river basin commissions, and fee-supported enforcement. Affected parties include data center developers and operators, public water systems, private well users, nearby landowners, municipalities, river basin commissions, and the Department of Environmental Protection/Environmental Quality Board.
The bill appears to have generally favorable momentum in the House, passing committee review and final passage with a clear majority, though not without opposition. The vote margins suggest that many lawmakers support stronger oversight of data center water use, but a substantial minority is concerned about the scope of regulation. Overall, the discussion implied by the bill text and votes points to a policy consensus around water protection, tempered by disagreement over how prescriptive the state should be.
The central contention is whether the state should impose a specialized, preemptive regulatory framework on data centers because of their potentially high water demand. Supporters are likely to emphasize protection of water quality, water quantity, affordability, and local ecosystems, while opponents may object to added permitting hurdles, temporary regulations, fee authority, and the possibility of denial based on a reasonably foreseeable risk standard. There may also be concern about how the bill interacts with existing DEP authority, river basin commission approvals, and local development interests.