Scope
Pennsylvania Executive Order 2026-05 (18 August 2026) directs the Department of Environmental Protection to develop a template Consent Order and Agreement that developers of any data center with peak demand over 25 MW must execute for a GRID-requirements review process; for applications for such projects by applicants that have not executed one, DEP will not begin review until specified documentation is provided. It also directs that data center projects be removed from and are no longer eligible for the PA Permit Fast Track Program, bars non-disclosure agreements for agencies under the Governor's jurisdiction, and directs Revenue to require GRID compliance of new exemption applicants. It is not a prohibition on data centers.
- Geographic scope
- Pennsylvania
- Jurisdiction
- State
- Authority type
- Executive
- Issuing authority
- Governor of Pennsylvania
Dates
- Adopted
- 18 August 2026
- Effective
- 18 August 2026
- Scheduled expiration
- See completion condition
- Ended
- Not recorded as ended
- Completion condition
- The order says it takes effect immediately and remains in effect until amended or rescinded by the Governor.
- Source document
- 18 August 2026
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
Pennsylvania Executive Order 2026-05, dated 18 August 2026 and effective immediately, sets conditions for data center projects with peak demand over 25 MW. The Department of Environmental Protection is to offer a review process to applicants that sign a consent order and agreement implementing the GRID requirements and to defer review for others until they document specified approvals. The order removes data centers from the PA Permit Fast Track Program, bars agency non-disclosure agreements on data center projects and ties new tax-exemption applications to GRID compliance. It remains in effect until amended or rescinded.
What this does not establish
- The order sequences and conditions permit review; it does not prohibit data centers or order existing facilities to close.
- Implementation documents (the DEP template consent order) were not opened; the Department of Revenue guideline change is recorded separately.
Unresolved questions
- How many permit applications have proceeded under a consent order was not checked.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- Related, not a replacement Revenue program guidelines add GRID consent-order condition (In effect)
- Related, not a replacement DEP template GRID consent order and agreement for data centers (model document) (Informational—not binding)
Sources
https://www.pa.gov/content/dam/copapwp-pagov/en/governor/documents/eo2026_05_protecting%20pennsylvania%20consumers%20from%20data%20center%20impacts_final_executed.pdf