Pennsylvania HB 2496 is bipartisan and would explicitly authorize any Pennsylvania local government to enact a 180-day moratorium on data center development while it conducts zoning review. The bill cleared committee this week and is heading toward a floor vote. This is structurally different from every other moratorium item the corpus has tracked. The previous moratorium pattern was bottom-up: counties and cities pausing on their own initiative, often against state preemption, with state law as the antagonist. HB 2496 inverts that — Pennsylvania at the state level is affirmatively arming localities with a moratorium tool that they would not otherwise have unambiguous authority to use. The contrast with three other state-level patterns the corpus is already tracking is the strategic frame: • New York: state-level statewide moratorium (≥20 MW, one-year freeze) — top-down ban. Bill passed legislature, awaiting Hochul signature. • Tennessee: state law preempts local bans on data centers — top-down block on local action, the pattern Nashville EO 59 had to work around. • Utah: state-level special authority (MIDA) preempts local zoning for specific projects — top-down exemption. • Pennsylvania (new): state-level enabling legislation that hands moratorium authority to localities — top-down empowerment of bottom-up action. Four different state-vs-local relationships in four states inside one month. The federal layer (yesterday's FERC order) sits above all of them.
Primary source · ABC27 Harrisburg ↗
Why it matters
The state-vs-local jurisdictional axis is now four-way: state bans top-down (NY), state blocks local bans (TN), state preempts via special authority (UT), state enables local bans (PA). That is enough variance to deserve its own typology in the regulatory graph, because the same project in two states with identical local sentiment can have totally different permitting timelines depending on which state-local relationship governs it. The PA model is the one to watch most closely for replication, because it is bipartisan and it is the easiest legislative lift in any state where the legislature is sympathetic to localities but hasn't passed a statewide ban. If HB 2496 becomes law, expect similar bills to surface in MI, OH, NC, and OK over the next two quarters — those four have active local moratorium activity and state legislatures that have not yet committed to a top-down approach.
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