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