Let’s start with the good news: Pennsylvania House Democrats are acting to protect you, our environment, our health, our economy and our future progress. House Democrats (along with a handful of Republicans) passed eight bills that regulate data centers and hold Big Tech accountable.
Let’s move onto the bad news: For all the bluster of some senators, they have moved only two bills. they haven’t approved a single bill that would control unmitigated data center development, ban data centers from hiking up electricity costs for consumers or give local governments the legal tools they need.
We’ve done a lot of work in the House. That includes the passage of the Protect Our Families Act – which would prevent data center developers from demanding high-capacity electricity service and forcing you to pay higher bills to get it done. This legislation requires data centers pay the full cost of any grid upgrades, invest in energy affordability and low-income energy projects and buy an increasing share of energy from renewable sources. It also ensures state oversight of these facilities.
We passed legislation that enacts the governor’s GRID plan, which requires data centers adhere to certain standards to gain access to receive any support from Pennsylvania. We passed legislation allowing local governments to enact a temporary moratorium to update their zoning laws. We made sure data centers pay their fair share and don’t get any tax breaks. We banned the use of non-disclosure agreements between local governments and data center developers.
Finally, we passed bills that would require developers to report water usage to the Department of Environmental Protection, give the state oversight of data center water usage, punish centers that release untreated water back into the environment, and deny permits to data centers that use too much water. We also passed a bill that would have the nonpartisan Local Government Commission prepare a model ordinance for local governments to use only if they need the extra support, so they aren’t facing off against Google or Microsoft on their own.
The only bill that has become law would require data center developers to report on water and electricity usage. The Senate has also held committee votes on legislation that would enact temporary moratoriums. They also passed a separate bill that would repeal the data center sales tax breaks. That’s important – but it’s not nearly enough.
Senate Majority Leader Joe Pittman has said that he doesn’t want to consider individual bills, saying his concerns are more geared towards, “competing against our neighboring states, to make us attractive to responsible development overall.”
This head in the sand perspective shows a real partisan divide. House Democrats support responsible regulations. Senate Republicans are more concerned with bringing in more data centers. This perspective leaves local governments in the lurch. Local governments are empowered to decide where data centers can be located, what requirements they must meet, and which areas should be protected.
To be clear, these governments are legally required to must allow for some space for development. Data centers have arrived. More are on the way. As cloud computing, artificial intelligence and data traffic drive demand, these centers become more critical. That means that data centers are infrastructure. They provide the support needed to allow for modern day computing – the backbone of our technologically advanced lives – to operate.
The concern about where data centers go is unquestionably important. Already, planning boards across the Lehigh Valley have – correctly – delayed approval of data centers, demanding additional information and concessions from developers.
I would much rather concentrate our efforts on protecting communities than wasting time fighting for a magic solution that can’t happen.
We should do more. I’d support legislation to make sure they’re placed on old, abandoned industrial sites. And local governments need to be aware of areas they zone for data centers, ensuring that community voices are heard and that development occurs in appropriate areas only. We should never be taking away more farmland and green spaces for data centers.
The Pennsylvania Supreme Court has ruled that blanket moratoriums on development are illegal. Federal courts are extremely unlikely to allow a moratorium to stand. Any effort to ban data center development will cost millions in wasted legal fees and be struck down by the courts. Anyone telling you that they support a blanket moratorium is proposing a solution that is based on a lie. Let’s be clear: if you say “I don’t want regulations. A ban or nothing,” then you’re going to get nothing. A ban has zero chance of becoming law, and data center developers win. I understand the desire to ban data centers, but it’s not happening. Our job, as elected officials, is to give accurate answers – even if they aren’t popular.
The chief job of government should be to protect our constituents while ensuring we’re preparing for the future. The legislation House Democrats passed – combined with the tools available to local governments – can protect your health, your wallet and your backyard.
It is my hope that we can work with our friends in the state Senate to propose necessary changes. We must develop a responsible solution that balances the need to protect our communities with the opportunities of the future.
This is a contributed opinion column. Mike Schlossberg serves in the Pennsylvania House representing the 132nd District. The views expressed in this piece are those of its individual author, and should not be interpreted as reflecting the views of this publication. Do you have a perspective to share? Learn more about how we handle guest opinion submissions at themorningcall.com/opinions.