An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for accessory uses of commercial solar facilities.

PRINTER'S NO. 3759
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2692
Session of
2026
INTRODUCED BY WEBSTER, STEELE, BRENNAN, MAYES, WAXMAN, GUZMAN,
OTTEN, HOHENSTEIN, SANCHEZ, INGLIS AND PASHINSKI,
JULY 7, 2026
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JULY 11, 2026
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for
accessory uses of commercial solar facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 307. Accessory uses of commercial solar facilities.
(a) Battery energy storage project accessory use.--In a
zoning ordinance enacted by a local government unit under the
act of July 31, 1968 (P.L.805, No.247), known as the
Pennsylvania Municipalities Planning Code, a battery energy
storage project shall be deemed a permitted accessory use in all
zoning districts on a parcel of land that is subject to an
approved special exception or conditional use for a commercial
solar facility. This subsection shall only apply if the battery
energy storage project is located within the boundaries of the
parcel covered by the existing special exception or conditional
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
use and has a storage capacity that does not exceed the
generating capacity of the associated solar energy facility.
(b) Prohibitions.--A battery energy storage project
permitted as an accessory use under subsection (a) shall not
require a special exception or conditional use or be subject to
any other land use approval from any local government unit. The
addition of the battery energy storage project under this
section shall not alter, reduce or otherwise affect any payment
obligations, financial commitments or other terms contained in
the existing special exception or conditional use associated
with the siting of the approved commercial solar facility or any
State or local tax exemption from which the commercial solar
facility benefits.
(c) Code compliance.--A battery energy storage project
permitted as an accessory use under subsection (a) shall comply
with all applicable Federal, State and local safety and fire
codes and any regulations enacted by the Department of
Environmental Protection and Environmental Quality Board.
(d) Application to solar facility.--A payment obligation,
financial commitment or other term contained in an existing
permit associated with the siting of the approved commercial
solar facility shall relate and apply only to the approved solar
facility and shall not affect any battery energy storage project
added under this section.
(e) Limitations.--Nothing in this section shall be construed
to:
(1) Limit the authority of a local government unit to
enforce compliance with applicable codes or to ensure the
safe operation of a battery energy storage project.
(2) Preclude the developer of a battery energy storage
20260HB2692PN3759 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
project or the local government unit housing the project from
negotiating any provisions relating to the siting of the
project.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Battery energy storage project." A facility, equipment or
technology that is capable of absorbing energy, storing energy
for a period of time using a battery and redelivering energy
after it has been stored.
"Commercial solar facility." An area of land or other area
used for a solar collection system principally used to capture
solar energy, convert solar energy to electrical energy or
thermal power and supply electrical or thermal power primarily
for off-site use.
"Conditional use." As defined in section 107 of the
Pennsylvania Municipalities Planning Code.
"Local government unit." A county, city, borough,
incorporated town, township, home rule municipality, optional
plan municipality or optional charter municipality in this
Commonwealth.
"Special exception." As defined in section 107 of the
Pennsylvania Municipalities Planning Code.
Section 2. This act shall take effect in 60 days.
20260HB2692PN3759 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24