Data center moratorium adoption mechanism changed from ordinance to resolution with power facility exemptions added

The amended bill changes the mechanism for imposing a temporary moratorium on high-impact data centers from a municipal ordinance to a resolution, making the moratorium effective retroactively to the required public notice date. It introduces explicit exemptions for data centers with existing power supply agreements with co-located energy generation facilities and clarifies how zoning changes and applications submitted during a moratorium are handled. Additionally, it updates the waiver standard and revises definitions for data centers.

• Section 622(a): Changed the adoption process from municipal ordinance to resolution, shifted scope to 'acceptance and consideration of new applications', and made the 18-month duration retroactive to the public notice date under 65 Pa.C.S. § 709(c.1).
• Section 622(a)(2): Removed building permits and certificates requiring prior zoning approval from the list of submissions subject to a moratorium.
• Section 622(d)-(f): Added requirements that public hearing notices explicitly state intent to consider a moratorium, banned adding a moratorium by last-minute agenda changes under the Sunshine Act, and exempted data centers with pre-existing supply agreements with power generation facilities.
• Section 622(g)(1)(i): Lowered/altered the hardship threshold for waiver requests from 'substantial, unique and demonstrable hardship' to 'undue hardship'.
• Section 622(i): Added a restriction preventing municipal ordinance changes enacted during a moratorium from taking effect until the moratorium expires, and specified that applications received during a moratorium are deemed received the day after it ends.
• Section 622(l): Expanded the definition of 'Data center', simplified 'High impact data center' criteria by removing multi-parcel and ownership restrictions, and added a definition for 'Power generation facility'.