Governor Josh Shapiro signed Executive Order 2026-05 this week, making Pennsylvania’s Responsible Infrastructure Development standards, known as GRID, legally binding for every data center proposal seeking a state permit. The order arrives after the Republican-controlled state Senate refused to pass the same standards as voluntary legislation, and Shapiro is calling it the strictest set of data center guardrails in the country.
What the order actually requires
The executive order directs Pennsylvania’s Department of Environmental Protection to evaluate a data center’s permit application only if its developer has made a legally binding commitment to the GRID requirements and has secured local approval first. Those requirements cover several distinct categories: developers must bring their own power generation, including a minimum share of clean energy; pay directly for the electric infrastructure their own demand requires rather than shifting that cost onto ratepayers; meet environmental and water-quality standards; and satisfy new transparency and community-engagement rules. The order explicitly bars developers from using non-disclosure agreements on data center projects, and it removes every AI data center proposal from Pennsylvania’s Permit Fast Track program, the streamlined approval pathway the state had previously offered to speed up exactly this kind of project.
Shapiro framed the action as a response to a specific, concrete problem: more than 100 data center proposals are reportedly under discussion across Pennsylvania right now, and according to the governor, most are speculative, lacking detailed plans, sufficient financing, or any actual agreement with a tech company to occupy the space once built. He was direct about the practical effect: “If the local community doesn’t approve a project, the state won’t approve it either.”
Why this had to happen by executive order
The GRID standards were not originally designed as a mandate. Shapiro first proposed them earlier this year as voluntary requirements tied to tax incentives, in exchange for a sales tax exemption on data center equipment already offered in 37 other states. The state House passed that voluntary version on a bipartisan vote, but the Senate, led by Republican Majority Leader Joe Pittman, declined to bring it up, with Pittman pointing to separate Senate efforts to eliminate the sales tax exemption entirely rather than attach conditions to it. Facing a legislative standstill, Shapiro used his executive authority to convert the same standards into a binding requirement for anyone seeking a state permit, sidestepping the Senate rather than waiting for it.
Senate Minority Leader Jay Costa, a Democrat, placed the blame for that standstill squarely on Republicans, saying they had “abdicated their responsibility to protect ratepayers, deliver local control, safeguard the environment, or listen to Pennsylvanians.” The order also lands alongside similar moves elsewhere: New Jersey Governor Mikie Sherrill introduced her own set of data center guidelines around the same time, suggesting a broader regional pattern of states moving to regulate AI infrastructure growth as public concern over electricity costs and local environmental impact has intensified.
A genuinely mixed reception
Environmental groups broadly welcomed the order as real, if partial, progress. Michael Zimmerman of the Environmental Defense Fund called it an important step toward ensuring data centers “pay their fair share,” and the Natural Resources Defense Council praised the requirement that developers fund their own grid upgrades. But the reception wasn’t uniformly positive. Food and Water Watch, a more aggressive critic of data center expansion, called the order “too little, too late,” noting the state could still lose more than 2 billion dollars in revenue by 2031 through the sales tax exemption the order leaves largely intact. On the industry side, critics like Pennsylvania Chamber of Business and Industry representative Ali Diorio warned against retroactively changing rules for developers who had already made plans and investment decisions under the state’s existing framework, arguing companies and communities had prepared for economic opportunities the new rules might now complicate.
Shapiro’s own numbers suggest the order targets a genuinely speculative pipeline more than existing, operating infrastructure: he said no AI data centers are currently up and running in Pennsylvania, only five projects hold the permits needed to begin operations, and just 14 sites statewide have actually received the tax exemption despite the volume of proposals in discussion.
Why this matters beyond Pennsylvania
The order is a real test case for a tension playing out across the country: states want the tax revenue and jobs data center investment can bring, but AI’s real, growing power and water demands have made residents and regulators alike more skeptical of accepting speculative projects on developers’ terms. Pennsylvania choosing to act unilaterally through executive authority, rather than waiting for a divided legislature, is itself a notable precedent other governors facing similar legislative gridlock may look to directly.
See The Philadelphia Inquirer’s full report for more on the political dynamics behind the order.




