Commercial data centers would restore polluted or reduced water supplies

A commercial data center would have to restore or replace a public or private water supply it polluted or reduced. This applies to data centers in Pennsylvania with peak demand of at least 25 megawatts. The replacement water source must provide enough water of adequate quality for the purposes served by the affected supply. The Department of Environmental Protection must ensure that the restored or replaced supply meets state drinking-water standards. If the original supply exceeded those standards, the replacement must have comparable quality. The Environmental Quality Board would adopt rules needed to carry out these requirements. The act would take effect 60 days after enactment.

The Department of Environmental Protection would investigate reported pollution or water loss and could order the data center to provide a replacement supply. Landowners and water purveyors could report problems tied to a data center's construction, operation, or alteration activities. The department would investigate within 10 days after notification and decide within 45 days after notification. A data center would generally be presumed responsible when the affected supply is within 1,000 feet and the pollution occurred during covered construction, operation, or alteration activities. The operator could rebut that presumption by proving a listed defense, such as earlier pollution, denied survey access, greater distance, or another cause. The operator would provide a temporary supply when the presumption applies and the water user lacks a readily available alternative source. The investigation deadlines would run from the date a landowner or water purveyor notifies the department.

The department would create a statewide phone line for possible data-center water contamination and publish confirmed underground-water contamination cases online. The reporting system would cover contamination possibly linked to commercial data center construction or operation. The phone number would be displayed prominently on the department's public website. A facility seeking a federal wastewater-discharge permit for data-center wastewater would have to be operated by a competent and qualified person. Operators relying on certain defenses would need an independent certified laboratory to perform a preconstruction or prealteration water survey and provide the results to the department and affected parties. These duties would apply after the act takes effect, which would be 60 days after enactment.