Data center projects with peak demand over 25 MW must execute a project-specific Consent Order and Agreement with DEP incorporating the GRID Requirements before using the expedited review process.

Applicants using the GRID review process must identify the project, notify DEP of their intent to comply, attend a pre-application meeting, identify planned permits and local approvals, and execute the project-specific Consent Order and Agreement before submitting new applications.

DEP may not issue permits for a data center project, including projects using the GRID process, until the developer documents consistency with the local comprehensive plan and obtains all required local or municipal approvals.

Applicants for projects over 25 MW that do not execute a Consent Order and Agreement must obtain local approvals and any required water-withdrawal or wastewater-discharge authorization before DEP begins reviewing applications.

Projects over 25 MW that do not execute a Consent Order and Agreement cannot receive permits on a rolling basis; DEP must receive and review all necessary permit applications before issuing permits.

Projects over 25 MW that do not execute a Consent Order and Agreement are excluded from Pennsylvania’s PAyback and Permit Decision Guarantee programs.

Data center projects are removed from the PA Permit Fast Track Program and are no longer eligible for that program.

Applicants for Pennsylvania’s Computer Data Center Equipment sales-and-use-tax exemption must comply with the GRID Requirements.

Developers subject to the GRID Consent Order and Agreement must build, bring, or buy sufficient incremental electric capacity to meet the facility’s full peak demand, generally from resources in the same PJM Locational Deliverability Area or through demonstrated firm deliverability.

Developers subject to the GRID Consent Order and Agreement must secure sufficient incremental energy to meet the facility’s full annual energy demand, generally from resources in the same PJM Locational Deliverability Area or through demonstrated firm deliverability.

GRID projects must procure Pennsylvania Clean Firm Energy equal to at least 10% of annual electricity consumption beginning in 2027, 14.5% beginning in 2030, and 32% beginning in 2035; a developer that falls short must make an alternative compliance payment to PEDA.

GRID developers must pay costs caused in whole or in part by the project’s interconnection, electric service, or load, including transmission, distribution, network-upgrade, and dedicated-facility costs, rather than shifting those costs to other ratepayers.

GRID buildings with more than 100,000 square feet must be designed and constructed as Solar Ready when the project has not already submitted a permit application containing the building design.

GRID developers must conduct public outreach, including accessible in-person meetings, consultation with host and potentially affected adjoining municipalities, and public input on viewshed, noise, and building-façade decisions.

Unless the required meetings have already occurred, a GRID developer must submit a schedule for at least three accessible in-person public information meetings within 60 days after the Consent Order and Agreement’s effective date.

GRID developers must submit a Pennsylvania hiring and training plan within 60 days, create at least 200 prevailing-wage construction jobs, create 50 permanent full-time jobs paying at least 125% of Pennsylvania’s statewide average wage before the fourth operating anniversary, maintain at least $1.5 million in annual gross compensation for on-site full-time employees thereafter, and make at least $250 million in cumulative new investment.

Within 60 days after the Consent Order and Agreement’s effective date, GRID developers must offer host municipal and county governments a community benefit agreement addressing development phases, noise, vibration, lighting, traffic, air quality, aesthetics, emergency management, local priorities, annual reporting, and financial contributions.

GRID developers must obtain certification within one year after commercial operation that the facility is minimizing energy and water use through data-center best management practices.

GRID backup-power systems must use zero-emission generation and storage or Tier 4 or equivalent generators, and generator operation must be limited through reduced runtime and emergency, testing, and maintenance use consistent with air-quality laws.

GRID developers must establish at least three DEP-approved air-quality monitors, submit a monitoring plan at least 60 days before commercial operation, install the monitors no later than 180 days after commercial operation, and make the data available to the public and local governments.

GRID developers must submit a water plan within 60 days describing water consumption, maximum daily demand, water sources, water-use effectiveness, wastewater discharges, cooling systems, and measures ensuring that the project does not adversely affect water quantity or quality.

GRID developers must submit pre-operation and annual compliance reports, including energy and water use, implementation of energy, community, workforce, and environmental obligations, and third-party verification where required.

GRID developers must bind tenants, owners, operators, successors, and assigns to the Consent Order and Agreement and must notify DEP of new tenants, owners, or operators within five business days after signing a commercial agreement.

Violations of a GRID Consent Order and Agreement trigger stipulated civil penalties of $25,000 to $100,000 per megawatt of rated capacity per day for energy-obligation violations and $25,000 per day for other violations, with penalties due automatically.

For noncompliance with a GRID Consent Order and Agreement, DEP may remove the project’s permits or authorizations from the expedited GRID review process and pursue additional enforcement remedies.

For projects exceeding 25 MW that commit to GRID and execute a project-specific Consent Order and Agreement, DEP must review qualifying permit applications on a rolling basis and may issue qualifying permits on a rolling basis after required local approvals are documented. Rolling-basis review and issuance

GRID projects using the rolling-review process receive processing under the PAyback and Permit Decision Guarantee programs after submitting proof of local consistency and approvals, rather than being categorically excluded from those programs. begin the processing timeline

Applicants that meet GRID requirements remain eligible for Pennsylvania’s Computer Data Center Equipment sales and use tax exemption, subject to the Department of Revenue’s updated compliance forms and procedures. sales and use tax exemption

The template Consent Order allows a developer to satisfy the required Pennsylvania clean-firm-energy share through an alternative compliance payment to the Pennsylvania Energy Development Authority instead of procuring the missing energy. make an Alternative Compliance Payment

For certain existing permit applicants that already had a permit application and binding electric-service or transmission agreement when the Executive Order was signed, the COA addendum permits them to meet incremental-capacity obligations through a PJM reliability backstop procurement auction or by demonstrating that added demand is offset without imposing costs on non-cost-causing ratepayers. procured its Incremental Capacity via the PJM Interconnection Reliability Backstop Procurement auction

DEP must identify ways to expedite permitting and remove permit-related barriers for new clean, reliable, affordable generation and storage facilities and for advanced transmission technologies on existing rights-of-way, supporting infrastructure that can serve data-center loads. expedite permitting and remove permit-related barriers

The COA provides a force-majeure process allowing a developer to petition DEP for extensions of deadlines when events beyond the developer’s control prevent timely compliance, although higher costs or economic inability do not qualify. petition the Department for an extension of time

The COA permits DEP, in its discretion, to modify or terminate the developer’s obligations when the developer, the site, or part of the site is transferred, providing a mechanism for obligations to be adjusted in connection with a transfer. may agree to modify or terminate

For data center projects with peak demand over 25 MW, the GRID review track requires the applicant to notify DEP of its intent to comply, attend a pre-application meeting, and execute a project-specific Consent Order and Agreement before submitting new applications. The threshold is over 25 MW

DEP may not issue permits for a project over 25 MW until the applicant documents consistency with the local comprehensive plan and obtains all required local or municipal approvals. Applicants that sign a Consent Order and Agreement may have permits reviewed on a rolling basis, but issuance still depends on those approvals. Issue qualifying permits only after local approvals

For projects over 25 MW whose applicants do not execute a GRID Consent Order and Agreement, DEP cannot begin permit review until local approvals and any required water-withdrawal or wastewater-discharge authorizations are documented. DEP also cannot issue permits on a rolling basis; it must receive and review all necessary applications first. Review begins only after required approvals

Data center projects are ineligible for the PA Permit Fast Track Program, and existing data center projects must be removed from it. Data center projects shall no longer be eligible

Applicants for the Computer Data Center Equipment sales-and-use-tax exemption on or after the order’s effective date must comply with GRID Requirements, with DOR directed to update the program’s forms, procedures, and guidelines accordingly. Ensure applicants for the sales and use tax exemption comply

The order makes nondisclosure agreements connected with data center projects impermissible for agencies under the Governor’s jurisdiction. Use of non-disclosure agreements is impermissible

Operating data centers must submit an energy-and-water consumption report by July 1, 2027, and every July 1 thereafter. Required information includes energy and natural-gas use, peak-load energy use, water use and peak-day demand, efficiency and environmental measures, and projected demand. By July 1, 2027, and by July 1 of every year thereafter

The order directs the Special Counsel to advocate for utility rules that would curtail data centers before other customers during pre-emergency or emergency events, unless the data center has secured incremental capacity for all its demand, and would prevent utilities from classifying data centers as exempt critical load. Curtail data centers prior to any other customer

The order directs the Special Counsel to advocate for utility tariffs charging data-center customers for applicable PJM reliability backstop auction costs and all Commission-jurisdictional interconnection costs, while preventing those backstop costs from being charged to non-data-center customers. Data center customers pay all Commission-jurisdictional interconnection costs

Under the model GRID Consent Order and Agreement, covered developers must secure incremental capacity sufficient for peak demand and incremental energy sufficient for annual demand, with specified deliverability requirements. They must also procure Pennsylvania clean firm energy equal to at least 10% of annual consumption from 2027 through 2029, 14.5% from 2030 through 2034, and 32% beginning in 2035; a shortfall triggers an alternative compliance payment. Clean Firm Energy percentages

The model Consent Order requires developers to pay costs caused in whole or in part by the project’s interconnection, electric service, or load, including transmission, distribution, network-upgrade, and dedicated-facility costs. Costs caused in whole or in part

The model Consent Order requires public involvement beyond what law or DEP rules already require, including accessible in-person meetings, consultation with host and potentially affected neighboring municipalities, and soliciting comments on design issues such as viewshed and noise mitigation. It also requires a community benefit agreement offer to local governments within 60 days. Notify and consult with the public

The model Consent Order sets workforce and investment obligations, including a hiring-and-training plan, at least 200 construction jobs, 50 new permanent full-time jobs by the fourth anniversary of commercial operation, annual gross compensation of at least $1.5 million after that anniversary, and at least $250 million in cumulative new investment. Create at least 200 jobs

The model Consent Order imposes environmental and operating conditions, including certification of energy- and water-efficiency practices, zero-emission generation or storage or backup generators meeting Tier 4 or equivalent emissions, limits on generator operation, and a water plan addressing consumption, sources, wastewater, cooling, and effects on other water users. Backup energy systems used at the Site

The model Consent Order requires at least three air-quality monitors at or near the site, with locations approved by DEP, and requires monitoring data to be made available to the public and local governments. At least three air quality monitors

The model Consent Order requires pre-operation and annual compliance reporting, including verification of energy, water, community, and investment obligations. It sets stipulated penalties of $25,000–$100,000 per megawatt of rated capacity per day for energy-obligation violations and $25,000 per day for other violations; DEP may also remove the developer from the GRID permitting process. Stipulated civil penalties

The model Consent Order requires the developer to bind tenants, owners, and operators to its obligations and makes DEP a third-party beneficiary of specified obligations. It also includes waivers concerning challenges to the Consent Order’s terms and certain DEP decisions made under it. Binding Tenants, Owners and Operators

For data center projects with peak demand over 25 MW that give DEP advance notice, meet with DEP, and execute a project-specific Consent Order and Agreement committing to the GRID Requirements, DEP reviews permit applications on a rolling basis and may issue qualifying permits on a rolling basis once local approvals and comprehensive-plan consistency are documented. The GRID conditions apply to permits only to the extent permitted by law. Rolling review for applicants that execute an agreement

Applicants for the Computer Data Center Equipment sales-and-use-tax exemption may continue to qualify if they comply with the GRID Requirements; DOR is directed to update the program’s forms, procedures, and guidelines accordingly. Exemption applicants must comply with GRID

The order directs DEP to identify ways to expedite permits and remove permit-related barriers for new clean, reliable, affordable generation and storage on brownfield, previously developed, and Commonwealth sites, and to remove barriers to advanced transmission technologies on existing rights-of-way. It directs DEP to identify mechanisms; it does not itself grant a particular permit or exemption. Identify mechanisms to expedite permitting and remove barriers

The model Consent Order allows a developer to meet the clean-firm-energy requirement through procurement or, for a shortfall, an annual alternative compliance payment to PEDA. This flexibility applies to the required Pennsylvania clean-firm-energy share, not the separate obligations to secure incremental capacity and energy. Alternative Compliance Payment

A project that had submitted a DEP permit application and executed a binding Electric Service Agreement or Transmission Security Agreement by August 18, 2026, may use the template’s special energy-obligation addendum. It provides alternative ways to address incremental capacity, including a PJM reliability backstop procurement auction or demonstrating that added demand is offset without imposing additional costs on other ratepayers. Addendum for existing permittees