Last Week In The Legislature- May 6th, 2026
Source: PA Chamber of Business and Industry - The Sentinel
House lawmakers returned to session in Harrisburg last week and advanced legislation to impose new mandates on data center development projects, as well as other proposals related to hazmat reporting, PFAS, and artificial intelligence policy. Here’s a recap of last week’s legislative action most relevant to employers.
Data Center Water Mandates (H.B. 2246; Webster)
The House of Representatives voted 116-84 to pass House Bill 2246 last Monday.
This legislation would establish new notification, reporting, and permitting requirements for certain data center projects that exceed defined water use thresholds, including mandatory preapplication review, expanded DEP oversight, post-construction monitoring, and the potential denial or suspension of water withdrawals based on perceived risks to water resources.
The bill introduces new costs and would cause delay and uncertainty in the data center development process, potentially discouraging infrastructure investment in Pennsylvania, weakening local decision-making authority, and creating competitive disadvantages and losing economic investments to states with more predictable and sector-neutral regulatory frameworks.
PA Chamber opposed this legislation (CLICK HERE for PA Chamber memo), which now moves to the Senate.
Hazardous Spill Notification (H.B. 2178; Warren)
The House Environmental and Natural Resource Protection Committee voted 14-12 to advance House Bill 2178 last Monday.
This legislation would establish new duplicative requirements for responding to hazardous substance spills, despite such incidents already being regulated under extensive state and federal environmental laws. The bill introduces vague new cleanup standards that depart from established, science-based regulations.
The bill creates regulatory uncertainty for businesses by replacing clear, predictable cleanup standards with an undefined “constitutional standard,” exposing employers to open-ended liability and inconsistent enforcement. This lack of clarity could deter investment, redevelopment, and economic growth across the Commonwealth.
PA Chamber opposed this legislation (CLICK HERE for PA Chamber memo), which now advances to the full House.
PFAS Ban (H.B. 2145; Scott)
The House Consumer Protection, Technology & Utilities Committee voted 26-0 to advance House Bill 2145 last Tuesday.
This legislation would ban the manufacture, sale, and distribution of certain consumer products containing intentionally added PFAS, while establishing new certification, notification, and enforcement requirements. Violations would be treated as unfair or deceptive practices, subjecting businesses to penalties and private lawsuits.
The bill’s broad definitions could apply beyond its intent, creating regulatory uncertainty and significant compliance challenges across supply chains. Expanded liability, increased costs, and a divergence from federal and other states’ science-based approaches could undermine predictability and competitiveness for Pennsylvania employers.
The PA Chamber has supported an amendment to this legislation that would have narrowed and clarified key definitions, adjusted compliance timelines, and generally helped mitigate compliance risks and supply chain disruptions. Unfortunately, the committee did not consider this amendment.
The PA Chamber opposed this legislation (CLICK HERE for PA Chamber memo), which now advances to the full House.
Resolution Opposing Federal AI Moratorium (H.R. 425; Haddock)
The House Communications and Technology Committee voted 14-12 to advance House Resolution 425 last Wednesday.
This resolution pushes back against federal efforts to set nationwide rules for artificial intelligence, instead insisting that Pennsylvania retain broad independent authority to regulate AI, if that leads to a fragmented or inconsistent regulatory landscape.
The PA Chamber opposed the resolution (CLICK HERE for the Chamber's memo) because AI doesn’t stop at state lines, and creating a patchwork of 50 different state regulatory regimes would lead to confusion, compliance burdens, and uneven protections. A consistent federal framework is the most effective way to ensure clear rules, national standards, and strong guardrails for emerging AI technologies.
PA Human Relations Act amendment (H.B. 2103, P.N. 3285, Rep. Waxman)
The House voted 101-100 to pass House Bill 2103 and send it to the Senate.
H.B. 2103 originally focused on amending the PA Human Relations Act to clarify that organizations that restrict their membership based on race, color, national origin, or ancestry for the purpose of denying housing, employment or public accommodations are not exempt.
The bill was amended on the floor to include language from H.B. 300 to amend the PHRA in multiple ways including to add sexual orientation, gender identity or expression as protected classes, and expanding protections to include individuals that are “actual or perceived” members
The conventional view is that adding add sexual orientation, gender identity or expression to Pennsylvania’s anti-discrimination law may not have a significant impact on employers since both federal and state law now interpret those classes as already protected. However, the impact of expanding the law to include “actual or perceived” for all classes is less clear raises concerns about this legislation.
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Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of BusinessTM.
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