PA PUC Continues Down Road to Taxation Perdition re Data Centers
Earlier this month, the Pennsylvania Public Utility Commission (PUC) approved a Tentative Order by a 3-2 vote, proposing a statewide model tariff (tax) to manage the growing impact of large-load customers, such as AI data centers, on the electric grid (see PA PUC Votes 3-2 to Levy New Taxes & Regs on AI Data Centers). The stated goal of the new tariff is to encourage investment and job growth while protecting existing ratepayers from cost-shifts and ensuring reliability. The PUC failed. The proposed order was passed on a partisan basis, with the three Democrat commissioners voting to make it harder and more expensive for data centers to locate in the Keystone State, potentially jeopardizing $92 billion of investments promised to the state related to data centers. The PUC published its flawed proposal in last Saturday’s Pennsylvania Bulletin, kicking off a 30-day comment period as a prelude to final adoption. Read More “PA PUC Continues Down Road to Taxation Perdition re Data Centers”
We may finally, after seven long years of torture, have a resolution to the issue of forcing Pennsylvania to join the Regional Greenhouse Gas Initiative (RGGI) carbon tax scheme. The rumors are swirling around Harrisburg that the Democrats (including Governor Josh Shapiro) and Republicans in the state Senate are close to a budget deal. The budget was supposed to be adopted by July 1st. It’s now over four months late, and school districts and government agencies dependent on state funding are hurting. The rumor is that the budget deal includes a provision to dump PA’s participation in RGGI. Lefty environmentalists are having a CO2-emitting cow at the news. 
Something remarkable has happened in the Pennsylvania State Senate, where Republicans hold a slim majority with 27 members and Democrats have 23 members. In an unusual act of bipartisanship, six of the Democrat Senators (26% of all PA Democrat Senators, more than one-quarter) voted with all 27 Republicans to pass a bill that would erase Regional Greenhouse Gas Initiative (RGGI) regulations from Pennsylvania’s books. RGGI is a carbon tax on coal- and gas-fired power plants in the state. 
How many articles have we written about the connection between Pennsylvania’s ill-advised quest to become a member of the Regional Greenhouse Gas Initiative (RGGI) and the high cost of electricity? Dozens of articles, for sure. Former PA Governor Tom Wolf attempted to force the state to join the RGGI carbon tax scheme unilaterally. Republicans in the Senate sued to block it, as the legislature is the proper branch of government with the power to tax, not the executive. Wolf’s successor, Josh Shapiro, appealed a Commonwealth Court decision in favor of the Republicans to the PA Supreme Court, where the case now sits, waiting for a decision (after the election). 
West Virginia’s oil, gas, and coal industries are experiencing a resurgence, fueled by supportive state and federal policies. Gas & Oil Association of West Virginia (GO-WV) President Charlie Burd reports that Fiscal Year FY25 severance tax collections rose to $318 million, alongside record natural gas production, 90% of which is exported out of the state. Property taxes levied on oil and gas in the state were $428 million for FY24 (the 2025 numbers are not out yet). Burd said the O&G industry continues to directly employ around 15,000 people. 
Rover Pipeline, a 713-mile natural gas pipeline, was designed to carry up to 3.25 billion cubic feet per day (Bcf/d) of Marcellus and Utica gas from Pennsylvania, West Virginia, and Ohio to destinations in Ohio, Michigan, West Virginia, and Canada. The project was completed and came online in late 2018 (see 
We have some disturbing news to share, and not a lot of details (yet). Executive Order 1996-1 in Pennsylvania requires all agencies under the jurisdiction of the Governor to submit for publication (twice a year) an agenda of regulations under development or consideration. The agendas are compiled to provide members of the regulated community and the general public with advanced notice of regulatory activity. The Josh Shapiro administration published such a semi-annual list over the weekend in the Pennsylvania Bulletin. The Department of Environmental Protection (DEP) includes an item in its list of proposed new regulations that “proposes to establish an annual fee for unconventional operations.” 
Data centers are all the rage these days. It seems like a new data center is announced weekly somewhere in the Eastern U.S. Ohio has its fair share of them coming to the Buckeye State (
On July 8, PA State Senator Art Haywood (Democrat from Philadelphia) introduced PA Senate Bill (SB) 910, which slaps a 6.5% severance tax on the gross production of all oil and natural gas produced in the state (see 
You gotta hand it to Pennsylvania Democrats. They LOVE LOVE LOVE to tax other people’s money—especially companies and industries that they hate, like the state’s oil and gas industry. On July 8, PA State Senator Art Haywood (Democrat from Philadelphia) introduced PA Senate Bill (SB) 910, which slaps a 6.5% severance tax on the gross production of all oil and natural gas produced in the state. However, the bill goes further by repealing the provision in the 2012 Act 13 law that states that if a severance tax is ever implemented, the existing impact fee would be eliminated. In other words, Haywood’s bill eliminates the provision to end the impact fee, meaning the impact fee would remain in place. So, drillers would be taxed twice for the same thing. Fortunately, the bill is DOA in the Senate. 
Yesterday, the Pennsylvania Public Utility Commission (PUC) announced the distribution of $164,592,500 in natural gas impact fees collected from producers for the 2024 reporting year. The bad news is that the impact fee raised $15 million less than it did in 2023, the prior year. The good news is that the state Independent Fiscal Office predicts the impact fee for 2025 will soar by $70 million to roughly $235 million (see