Executive Summary
Governor Josh Shapiro signed Executive Order 2026-05 on August 18, 2026, creating a two-track state permitting process for data center projects with peak demand over 25 megawatts. Projects that execute a Consent Order and Agreement committing to the state’s Governor’s Responsible Infrastructure Development, or GRID, Requirements receive rolling review from the Department of Environmental Protection. Projects that don’t sign face a slower path: no permit review begins until all local approvals and water authorizations are already in hand, and permits are issued only after all of that project’s required applications have been received and reviewed, not on a rolling basis. The order also bars nondisclosure agreements on data center projects, directs the Department of Environmental Protection to build a public project tracking map and removes all data center projects from the state’s Fast Track permitting program regardless of GRID compliance.
What Happened
Executive Order 2026-05, Protecting Pennsylvania Consumers from Data Center Impacts, took effect immediately upon signing on August 18, 2026, and remains in effect until amended or rescinded. It applies to any data center project with peak demand over 25 megawatts.
The order directs the Department of Environmental Protection to create a template Consent Order and Agreement incorporating the GRID Requirements,…