HB 2651

                                                PRINTER'S NO.   3664
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2651
                                          Session of
                                            2026
INTRODUCED BY STEELE, T. DAVIS, KHAN, SANCHEZ AND MERSKI,
   JUNE 17, 2026
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 22, 2026
                               AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled
2    "An act to empower cities of the second class A, and third
3    class, boroughs, incorporated towns, townships of the first
4    and second classes including those within a county of the
5    second class and counties of the second through eighth
6    classes, individually or jointly, to plan their development
7    and to govern the same by zoning, subdivision and land
8    development ordinances, planned residential development and
9    other ordinances, by official maps, by the reservation of
10    certain land for future public purpose and by the acquisition
11    of such land; to promote the conservation of energy through
12    the use of planning practices and to promote the effective
13    utilization of renewable energy sources; providing for the
14    establishment of planning commissions, planning departments,
15    planning committees and zoning hearing boards, authorizing
16    them to charge fees, make inspections and hold public
17    hearings; providing for mediation; providing for transferable
18    development rights; providing for appropriations, appeals to
19    courts and penalties for violations; and repealing acts and
20    parts of acts," in general provisions, further providing for
21    definitions; in comprehensive plan, further providing for
22    preparation of comprehensive plan; in subdivision and land
23    development, further providing for contents of subdivision
24    and land development ordinance; in zoning, further providing
25    for ordinance provisions; and providing for renewable energy
26    siting standards.
27    The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29    Section 1.    Section 107(a) of the act of July 31, 1968
30 (P.L.805, No.247), known as the Pennsylvania Municipalities
1 Planning Code, is amended by adding definitions to read:
2    Section 107.   Definitions.--(a)   The following words and
3 phrases when used in this act shall have the meanings given to
4 them in this subsection unless the context clearly indicates
5 otherwise:
6    * * *
7    "Combined energy generation and storage facility," a solar
8 energy facility or wind energy facility that is paired with an
9 energy storage facility and has a maximum facility output of at
10 least two megawatts and the technical capacity to deliver the
11 maximum facility output for a minimum duration of at least four
12 hours.
13    * * *
14    "Energy storage facility," a facility located in this
15 Commonwealth that employs technology, including electrochemical,
16 thermal or electromechanical technology or a technology defined
17 as "energy storage technology" in 26 U.S.C. § 48E (relating to
18 clean energy investment credit) or 26 CFR 1.48E-2(g)(6)
19 (relating to qualified investments in qualified facilities and
20 EST for purposes of section 48E) on the effective date of this
21 definition, that is capable of absorbing and storing energy for
22 use at a later time, is designed primarily to store energy for,
23 and is connected to, the wholesale or distribution grid and has
24 a maximum facility output of at least five megawatts and the
25 technical capacity to deliver the maximum facility output for a
26 minimum duration of at least four hours.
27    * * *
28    "Renewable energy facility," a solar energy facility, wind
29 energy facility, energy storage facility or combined energy
30 generation and storage facility.
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1    * * *
2    "Solar energy facility," a system that captures and converts
3 solar energy into electricity for sale or for use in locations
4 other than solely on the property of the solar energy facility,
5 is connected to the wholesale or distribution grid and has a
6 nameplate capacity of at least two megawatts.
7    * * *
8    "Wind energy facility," a system that captures and converts
9 wind into electricity for sale or for use in locations other
10 than solely on the property of the wind energy facility, is
11 connected to the wholesale or distribution grid and has a
12 nameplate capacity of at least two megawatts.
13    * * *
14    Section 2.    Section 301(a)(6)(viii) and (ix) of the act are
15 amended and the paragraph is amended by adding a subparagraph to
16 read:
17    Section 301.       Preparation of Comprehensive Plan--(a)   The
18 municipal, multimunicipal or county comprehensive plan,
19 consisting of maps, charts and textual matter, shall include,
20 but need not be limited to, the following related basic
21 elements:
22* * *
23(6)   A plan for the protection of natural and historic
24    resources to the extent not preempted by Federal or State
25    law. This clause includes, but is not limited to, wetlands
26    and aquifer recharge zones, woodlands, steep slopes, prime
27    agricultural land, flood plains, unique natural areas and
28    historic sites. The plan shall be consistent with and may not
29    exceed those requirements imposed under the following:
30* * *
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1(viii)    act of June 10, 1982 (P.L.454, No.133),
2entitled "An act protecting agricultural operations from
3nuisance suits and ordinances under certain
4circumstances"; [and]
5(ix)    act of May 20, 1993 (P.L.12, No.6), known as
6the "Nutrient Management Act," regardless of whether any
7agricultural operation within the area to be affected by
8the plan is a concentrated animal operation as defined
9under the act[.]; and
10(x)    Article VI-A.
11* * *
12    Section 3.      Section 503(1) introductory paragraph of the act
13 is amended to read:
14    Section 503.     Contents of Subdivision and Land Development
15 Ordinance.--The subdivision and land development ordinance may
16 include, but need not be limited to:
17(1)     Provisions for the submittal and processing of
18    plats, including the charging of review fees, and
19    specifications for such plats, including certification as to
20    the accuracy of plats and provisions for preliminary and
21    final approval and for processing of final approval by stages
22    or sections of development. Review fees for the development
23    and construction of a renewable energy facility shall be
24    subject to section 606-A. Such plats and surveys shall be
25    prepared in accordance with the act of May 23, 1945 (P.L.913,
26    No.367), known as the "Engineer, Land Surveyor and Geologist
27    Registration Law," except that this requirement shall not
28    preclude the preparation of a plat in accordance with the act
29    of January 24, 1966 (1965 P.L.1527, No.535), known as the
30    "Landscape Architects' Registration Law," when it is
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1    appropriate to prepare the plat using professional services
2    as set forth in the definition of the "practice of landscape
3    architecture" under section 2 of that act. Review fees may
4    include reasonable and necessary charges by the
5    municipality's professional consultants for review and report
6    thereon to the municipality. Such review fees shall be based
7    upon a schedule established by ordinance or resolution. Such
8    review fees shall be reasonable and in accordance with the
9    ordinary and customary charges for similar service in the
10    community, but in no event shall the fees exceed the rate or
11    cost charged by the professional consultant for comparable
12    services to the municipality for services which are not
13    reimbursed or otherwise imposed on applicants. Fees charged
14    to the municipality relating to any appeal of a decision on
15    an application shall not be considered review fees and may
16    not be charged to an applicant.
17* * *
18    Section 4.   Section 603(b) introductory paragraph of the act
19 is amended and the section is amended by adding a subsection to
20 read:
21    Section 603.     Ordinance Provisions.--* * *
22    (b)   Zoning ordinances, except to the extent that those
23 regulations of mineral extraction by local ordinances and
24 enactments have heretofore been superseded and preempted by the
25 act of May 31, 1945 (P.L.1198, No.418), known as the "Surface
26 Mining Conservation and Reclamation Act," the act of December
27 19, 1984 (P.L.1093, No.219), known as the "Noncoal Surface
28 Mining Conservation and Reclamation Act," and the act of
29 December 19, 1984 (P.L.1140, No.223), known as the "Oil and Gas
30 Act," and to the extent that the subsidence impacts of coal
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1 extraction are regulated by the act of April 27, 1966 (1st
2 Sp.Sess., P.L.31, No.1), known as "The Bituminous Mine
3 Subsidence and Land Conservation Act," and that regulation of
4 activities related to commercial agricultural production would
5 exceed the requirements imposed under the act of May 20, 1993
6 (P.L.12, No.6), known as the "Nutrient Management Act,"
7 regardless of whether any agricultural operation within the area
8 to be affected by the ordinance would be a concentrated animal
9 operation as defined by the "Nutrient Management Act," the act
10 of June 30, 1981 (P.L.128, No.43), known as the "Agricultural
11 Area Security Law," or the act of June 10, 1982 (P.L.454,
12 No.133), entitled "An act protecting agricultural operations
13 from nuisance suits and ordinances under certain circumstances,"
14 and that regulation of activities related to the siting of a
15 renewable energy facility would exceed the requirements imposed
16 under Article VI-A, or that regulation of other activities are
17 preempted by other Federal or State laws, may permit, prohibit,
18 regulate, restrict and determine:
19* * *
20    (m)   Zoning ordinances shall provide for the development and
21 construction of renewable energy facilities in each municipality
22 in a manner consistent with Article VI-A.
23    Section 5.    The act is amended by adding an article to read:
24ARTICLE VI-A
25RENEWABLE ENERGY SITING STANDARDS
26 Section 601-A.   Definitions.
27    The following words and phrases when used in this article
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30    "Cumulative environmental impact."      The existing and
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1 reasonably foreseeable environmental and public health impact of
2 pollution in a defined geographic area resulting from pollution
3 of land, water or ambient air, including a reasonably
4 foreseeable upstream or downstream impact, regardless of whether
5 the pollution has been authorized under the laws of this
6 Commonwealth.
7    "Unauthorized local ordinance."     An ordinance adopted or
8 enforced by a municipality that prohibits or unreasonably
9 delays, impedes or prevents the construction, operation or
10 maintenance of a renewable energy facility, unless the ordinance
11 is necessary to protect public health, safety or welfare.
12 Section 602-A.   Ordinance compliance.
13    (a)   Amendment.--A municipality that has adopted a
14 subdivision and land development ordinance or zoning ordinance
15 that is inconsistent with this article shall amend the ordinance
16 to comply with this article within six months of the effective
17 date of this subsection.
18    (b)   Effect of inconsistency.--After the expiration of the
19 period under subsection (a), a provision of a subdivision and
20 land development ordinance or zoning ordinance that is
21 inconsistent with this article shall be unenforceable to the
22 extent of the inconsistency.
23    (c)   Remedies.--A failure to comply with this section may be
24 addressed under section 608-A or any other applicable provision
25 of this act.
26 Section 603-A.   Regulation of renewable energy facilities.
27    (a)   Existing approval procedure.--A municipality that
28 permits a renewable energy facility through a special exception
29 or conditional use on the effective date of this subsection
30 shall comply with the procedures and requirements under this
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1 article.
2    (b)     Permitted zoning districts.--A municipality shall permit
3 the development and construction of a renewable energy facility
4 by right, special exception or conditional use in an area zoned
5 for agricultural or industrial use.
6    (c)     Restriction.--A municipality may not adopt a permit
7 requirement or zoning ordinance for the development and
8 construction of a renewable energy facility that is more
9 restrictive than the requirements under this article.
10    (d)     Technical assistance.--The Center for Local Government
11 Services may provide technical assistance to a municipality to
12 assist the municipality in adopting or amending an ordinance to
13 comply with the procedures under this article.
14 Section 604-A.    Public participation.
15    (a)     Consultation.--Prior to filing an application for
16 development, an applicant for the development of a renewable
17 energy facility shall consult with the governing body of each
18 municipality in which the renewable energy facility is proposed
19 to be located.
20    (b)     Contents of consultation.--Consultation under subsection
21 (a) shall include good faith efforts to meet with the governing
22 body or the governing body's designee to discuss the proposed
23 renewable energy facility. The discussion shall include all of
24 the following:
25(1)   Why the site was selected.
26(2)   Alternative locations that the applicant considered.
27(3)   Viewshed impacts.
28(4)   Environmental impacts.
29(5)   How the applicant plans to mitigate the impacts
30    under paragraphs (3) and (4).
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1(6)   Potential benefits to the community.
2    (c)   Community benefit agreement.--An applicant for the
3 development of a renewable energy facility shall enter into a
4 community benefit agreement with the governing body of each
5 municipality in which the renewable energy facility is proposed
6 to be located. The following requirements and procedures shall
7 apply to a community benefit agreement:
8(1)   The community benefit agreement shall require that,
9    upon commencement of operation, the owner or operator of the
10    renewable energy facility pay each affected municipality
11    $1,000 total per megawatt of nameplate capacity located
12    within the affected municipality. If a renewable energy
13    facility is located in more than one municipality, the
14    payment under this paragraph shall be prorated among the
15    affected municipalities based on the portion of the project
16    area located in each municipality. The affected governing
17    body shall use the payment for police, fire, public safety or
18    other infrastructure or for another project agreed to by the
19    governing body and the applicant.
20(2)   If an affected governing body refuses to enter into
21    a community benefit agreement after good faith negotiations
22    with the applicant, the applicant shall enter into a
23    community benefit agreement with one or more community-based
24    organizations within the municipality or serving residents of
25    the municipality. The amount paid by the applicant under this
26    paragraph must be at least equal to the amount that the
27    applicant would pay to the affected municipality under
28    paragraph (1).
29(3)   A community benefit agreement shall prioritize
30    benefits to the municipality in which the renewable energy
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1    facility is proposed to be located. The topics and specific
2    terms of a community benefit agreement may vary and may
3    include any of the following:
4(i)    Workforce development, job quality and job
5access provisions.
6(ii)    Funding for, or providing, specific
7environmental benefits.
8(iii)    Funding for, or providing, specific community
9improvements or amenities, including park and playground
10equipment, urban greening, enhanced safety crossings,
11road paving and bike paths.
12(iv)    Annual contributions to a nonprofit or
13community-based organization that awards grants.
14(4)   A community benefit agreement is legally binding and
15    inures to the benefit of the parties and their successors.
16    The governing body shall enforce the requirement to enter
17    into a community benefit agreement. A party to a community
18    benefit agreement may enforce the community benefit agreement
19    in a court of competent jurisdiction.
20(5)   A community benefit agreement under this subsection
21    may not bind the owner or operator of a renewable energy
22    facility if the owner or operator withdraws the application
23    for development or the renewable energy facility is not
24    placed into service.
25    (d)   Technical reports.--At the time of the consultation
26 under subsection (a), the applicant shall provide the governing
27 body with a copy of each technical report concerning the need
28 for the renewable energy facility. The information provided
29 under this subsection shall include all of the following:
30(1)   A map indicating the area of need.
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1(2)   The location of existing surrounding facilities.
2(3)   A detailed description of the proposed site under
3    consideration.
4(4)   A description of the site selection process
5    undertaken by the prospective applicant.
6(5)   The potential environmental impacts of the proposed
7    renewable energy facility.
8(6)   How the proposed renewable energy facility's
9    potential impacts could affect cumulative environmental
10    impacts in the municipality in which the facility is proposed
11    to be located.
12(7)   How the applicant plans to mitigate cumulative
13    environmental impacts.
14 Section 605-A.        Siting standards for renewable energy
15facilities.
16    (a)   Maximum standards.--A zoning ordinance may include
17 provisions regulating setback distances and heights of renewable
18 energy facilities if the provisions do not exceed the following
19 standards:
20(1)   A solar energy facility shall comply with the
21    following:
22(i)    Setback distances must be measured from the
23nearest edge of an above-ground component of the
24facility, not including fencing.
25(ii)    A setback distance of 50 feet from the lot
26lines of other unoccupied real property, electric
27substations and railroad, overhead utility line or
28transit rights-of-way.
29(iii)    A setback distance of 150 feet from an
30existing school, public playground, public park, child-
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1      care facility, church, meetinghouse or other actual place
2      of regularly stated religious worship.
3(iv)    A municipality may require vegetative
4      screening, including plantings of less than five feet in
5      height. When a municipality proposes to adopt screening
6      requirements, the municipality shall consider the size
7      and location of the facility, visibility from residential
8      buildings, compatibility of native plant species, cost
9      and feasibility of installation and maintenance and
10      industry standards and best practices for solar energy
11      facilities.
12(v)    The height of a solar panel may not exceed 25
13      feet above ground when the solar energy facility's arrays
14      are at full tilt.
15(vi)    A municipality may require the owner or
16      operator of the solar energy facility to maintain ground
17      cover and topsoil at the site.
18(vii)    A municipality shall require an applicant for
19      the development of a solar energy facility to submit a
20      decommissioning plan and proof of financial assurance.
21      The applicant shall retain a third party with expertise
22      in decommissioning to calculate the estimated cost to
23      decommission the solar energy facility. The financial
24      assurance shall be in an amount that is not less than the
25      estimated cost to decommission the solar energy facility,
26      after deducting salvage or recycling value.
27      (2)   An energy storage facility shall comply with the
28  following:
29(i)    Setback distances must be measured from the
30      nearest edge of the nearest battery or other
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1      electrochemical or electromechanical enclosure.
2(ii)    A setback distance of 150 feet from a
3      residential dwelling or existing school, public
4      playground, public park, child-care facility, church,
5      meetinghouse or other actual place of regularly stated
6      religious worship.
7(iii)    A setback distance of 50 feet from the lot
8      lines of other unoccupied real property, electric
9      substations and railroad, overhead utility line or
10      transit rights-of-way.
11(iv)    A municipality may require vegetative
12      screening, including plantings of less than five feet in
13      height.
14(v)    A municipality may require the energy storage
15      facility to comply with National Fire Protection
16      Association 855, Standard for the Installation of
17      Stationary Energy Storage Systems as in effect on the
18      effective date of this subparagraph.
19(vi)    The perimeter of an energy storage facility
20      must be enclosed by fencing of a height not greater than
21      25 feet.
22(vii)    A municipality shall require an applicant for
23      the development of an energy storage facility to submit a
24      decommissioning plan and emergency response plan.
25      (3)   A wind energy facility shall comply with the
26  following:
27(i)    Setback distances must be measured from the
28      center of the base of the wind tower.
29(ii)    A setback distance of 2.1 times the maximum
30      blade tip height of the wind tower from a residential
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1      dwelling, existing school, public playground, public
2      park, child-care facility, church, meetinghouse or other
3      actual place of regularly stated religious worship or the
4      lot line of an environmentally sensitive area or area of
5      historic significance.
6(iii)   A setback distance of 1.1 times the maximum
7      blade tip height of the wind tower from the lot lines of
8      other unoccupied real property, electric substations and
9      railroad, overhead utility line or transit rights-of-way.
10(iv)    A municipality may require limits on the blade
11      tip height of a wind tower located at a wind energy
12      facility if the requirements are not more restrictive
13      than the height permitted under a Determination of No
14      Hazard to Air Navigation issued by the Federal Aviation
15      Administration under 14 CFR Pt. 77 (relating to safe,
16      efficient use, and preservation of the navigable
17      airspace).
18(v)    The wind energy facility shall be sited so that
19      industry-standard computer modeling indicates that a
20      residential dwelling, existing school, public playground,
21      public park, child-care facility, church, meetinghouse or
22      other actual place of regularly stated religious worship
23      will not experience more than 30 hours per year of shadow
24      flicker under planned operations.
25      (4)   A renewable energy facility may not exceed 47
26  decibels measured within 30 feet of a residential dwelling,
27  existing school, public playground, public park, child-care
28  facility, church, meetinghouse or other actual place of
29  regularly stated religious worship. After commercial
30  operation, a municipality may require the owner or operator
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1    of a renewable energy facility to provide octave band sound
2    pressure level measurements from a reasonable number of
3    sampled locations at the perimeter of the renewable energy
4    facility to demonstrate compliance with this paragraph.
5    (b)     Environmentally sensitive and historic areas.--A
6 municipality may require a renewable energy facility to have an
7 additional setback distance of 50 feet from an environmentally
8 sensitive area or area of historic significance.
9    (c)     Waiver.--A municipality may waive a requirement under
10 this section if each affected property owner provides written
11 consent.
12    (d)     Negotiated setback distances.--Nothing in this section
13 shall be construed to prohibit a municipality and an applicant
14 from negotiating larger setback distances based on the specific
15 needs of the proposed development.
16    (e)     Other law.--Nothing in this section shall be construed
17 to exempt a renewable energy facility from the requirements of
18 the National Electrical Code, National Electrical Safety Code,
19 34 Pa. Code Ch. 403 (relating to administration), 52 Pa. Code §
20 57.28 (relating to electric safety standards), the act of
21 November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
22 Construction Code Act or another applicable Federal or State
23 law.
24 Section 606-A.    Permit and application fees.
25    (a)     Reasonableness.--A municipality's application filing
26 fees, review fees and impact fees for the development and
27 construction of a renewable energy facility shall be reasonable
28 and processed in accordance with a fee schedule or invoice.
29    (b)     Limitation.--Fees charged by a municipality for the
30 development of a renewable energy facility may not exceed the
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1 lesser of:
2(1)   $1,000 per megawatt of nameplate capacity of the
3    renewable energy facility; or
4(2)   $100,000.
5    (c)   Reimbursement.--A municipality may require the applicant
6 to reimburse the municipality for reasonable expenses incurred
7 in processing an application that exceed $100,000.
8    (d)   Construction deadline.--Upon approval of an application
9 for development, a municipality may not impose a deadline of
10 less than five years to begin the construction or development of
11 a renewable energy facility. A municipality shall permit an
12 applicant to request an extension of the deadline for good cause
13 shown.
14 Section 607-A.    Attorney General review.
15    (a)   Request.--A person aggrieved by the enactment or
16 enforcement of a local ordinance that the person believes to be
17 an unauthorized local ordinance may request that the Attorney
18 General review the local ordinance and consider whether to bring
19 an action under section 608-A.
20    (b)   Discretion.--The Attorney General shall have complete
21 discretion to determine whether to bring an action under section
22 608-A.
23    (c)   Response.--Within 120 days of receiving a request under
24 subsection (a), the Attorney General shall advise the aggrieved
25 person in writing whether the Attorney General will bring an
26 action against the municipality.
27 Section 608-A.    Right of action.
28    (a)   Attorney General.--Notwithstanding Article X-A, the
29 Attorney General may bring an action against a municipality in
30 Commonwealth Court to invalidate an unauthorized local ordinance
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1 or enjoin the enforcement of an unauthorized local ordinance.
2    (b)   Aggrieved person.--Notwithstanding Article X-A or 42
3 Pa.C.S. Ch. 85 Subch. C (relating to actions against local
4 parties), a person aggrieved by the enactment or enforcement of
5 an unauthorized local ordinance may bring an action against a
6 municipality in Commonwealth Court to invalidate the
7 unauthorized local ordinance or enjoin the enforcement of the
8 unauthorized local ordinance.
9    (c)   Remedies.--In an action brought under subsection (b),
10 the court may take any of the following actions:
11(1)   If the court determines that the municipality
12    enacted or enforced an unauthorized local ordinance with
13    negligent disregard of the limitation of authority
14    established under State law, order the municipality to pay
15    the plaintiff reasonable attorney fees and other litigation
16    costs incurred by the plaintiff in connection with the
17    action.
18(2)   If the court determines that the action brought by
19    the plaintiff was frivolous or brought without substantial
20    justification in claiming that the local ordinance was
21    unauthorized, order the plaintiff to pay the municipality
22    reasonable attorney fees and other litigation costs incurred
23    by the municipality in defending the action.
24    (d)   Report.--The Attorney General shall provide an annual
25 report to the chairperson and minority chairperson of the
26 Environmental Resources and Energy Committee of the Senate and
27 the chairperson and minority chairperson of the Energy Committee
28 of the House of Representatives. The report must include all of
29 the following:
30(1)   The number of reviews requested, the nature of the
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1    complaints and the location of the ordinances cited.
2(2)   The number of reviews conducted.
3(3)   The number of legal actions brought by the Attorney
4    General under subsection (a).
5(4)   The outcome of legal actions brought by the Attorney
6    General under subsection (a).
7 Section 609-A.   Certain actions prohibited.
8    A municipality may not adopt or enforce an unauthorized local
9 ordinance.
10 Section 610-A.   Applicability.
11    Sections 607-A and 608-A shall apply to the enforcement of
12 local ordinances existing on the effective date of this section
13 and the enactment or enforcement of local ordinances on or after
14 the effective date of this section.
15    Section 6.    This act shall take effect in 60 days.
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