Pennsylvania Just Added One Gate That Every Data Center Developer Has to Clear
Pennsylvania Governor Josh Shapiro signed Executive Order 2026-05 on August 18, changing the way the state reviews permits for data centers with peak demand exceeding 25 MW.
The order takes effect immediately and creates two review tracks, depending on whether a developer signs a binding agreement with state regulators.
How Pennsylvania Will Review Data Center Permits
Developers who commit to the Governor's Responsible Infrastructure Development requirements can sign a consent order with the Department of Environmental Protection. Those developers receive a rolling review of their applications.
Developers who decline wait until every application is filed and reviewed. They also lose access to two state programs that guarantee permit turnaround times.
Both tracks share one gate. DEP cannot issue permits, or for non-signers begin review, until a developer shows the project matches the local comprehensive plan and holds all municipal approvals.
The order also removes every data center from the Fast Track permitting program.
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