Data center developers in Pennsylvania now need local approval before the state will grant permits, under an executive order Gov. Josh Shapiro signed Aug. 19.
Executive Order 2026-05 makes Shapiro's Governor's Responsible Infrastructure Development (GRID) standards legally binding for any data center project with peak demand above 25 megawatts. Developers who don't comply lose eligibility for fast-tracked state permits and the state's 6 percent sales tax exemption on equipment.
No proposals have been filed in Radnor or Haverford, but the order's local-veto provision means any future project in Delaware County would need township approval before advancing.
"I think it's a step in the right direction," state Rep. Greg Scott, D-54th Dist., whose Montgomery County district borders Radnor, told Main Line Media News. "The crux of his action has mirrored what I've said all along is that local control matters."
Not everyone shares that optimism. Joanna Binelli-Tenney, who manages the Prevent East Vincent Data Center Development Facebook page and whose husband and son have asthma, called the order "just a lot of fluff. He's just throwing us a bone."
What the order does
The order removes all data center projects from Pennsylvania's Permit Fast Track Program, bars state agencies from signing non-disclosure agreements on data center deals, and directs the Department of Environmental Protection to publish a public map of all proposed projects.
Under GRID, developers must supply their own electric capacity rather than shifting costs to residential ratepayers. Clean energy minimums start at 10 percent in 2027, rise to 14.5 percent in 2030 and reach 32 percent by 2035.
More than 100 data center proposals are under discussion statewide, though Shapiro characterized most as speculative, lacking financing, power access or signed tenant agreements. Only five have received permits, and none are operating yet.
Why critics say it falls short
The order is not a law. The next governor could reverse it on day one.
State Sen. Katie Muth, D-44th Dist., who has proposed a three-year statewide moratorium, questioned whether the order qualifies as the nation's strictest, noting New York enacted a one-year moratorium in July 2026.
Three bills that would make protections permanent remain stalled in the Republican-controlled Senate: HB1834 (requiring developer-funded grid infrastructure), SB1345 (giving municipalities 18-month moratorium authority) and HB2650 (codifying GRID in state law). HB2650 passed the House on June 24 with bipartisan support.
State Rep. Danielle Friel-Otten, D-155th Dist., said Senate Majority Leader Joe Pittman has stated he has no intention of acting on data center regulation.
The state's data center equipment sales tax exemption, projected to cost Pennsylvania $2 billion by 2031, remains intact.
What comes next
State Sen. Tracy Pennycuick, R-24th Dist., who chairs the Senate Communications and Technology Committee, said the order incorporates protections she has advocated but added that her Senate Bill 1408, which would ban non-disclosure agreements at both state and local levels, goes further.
A July 2026 Quinnipiac University poll found 74 percent of Pennsylvania respondents would oppose an AI data center in their community. Kevin Feeley, spokesperson for the Pennhurst project developers in Chester County, said the team was "reviewing the exec order" and had no comment.
Residents can track proposed projects once DEP publishes its required public map. The Senate has not scheduled hearings on the pending data center bills.
