An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, establishing the Reliable Energy Siting and Electric Transition Board.

PRINTER'S NO. 1479
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 502
Session of
2025
INTRODUCED BY STEELE, GIRAL, MADDEN, WAXMAN, SAPPEY, HILL-EVANS,
HOWARD, SCHLOSSBERG, MALAGARI, NEILSON, SANCHEZ, KHAN,
O'MARA, CEPEDA-FREYTIZ, K.HARRIS, DONAHUE, McNEILL, INGLIS,
PROKOPIAK, SALISBURY, KRUEGER, BOROWSKI, SIEGEL, ABNEY,
KINKEAD, BOYD, HOHENSTEIN, SHUSTERMAN, PIELLI, MAYES AND
PROBST, APRIL 23, 2025
REFERRED TO COMMITTEE ON ENERGY, APRIL 23, 2025
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, establishing the Reliable Energy
Siting and Electric Transition Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 8
RELIABLE ENERGY SITING AND ELECTRIC TRANSITION BOARD
Sec.
801. Findings and declaration of policy.
802. Definitions.
803. Reliable Energy Siting and Electric Transition Board.
804. Powers and duties of board.
805. Certificate of reliable energy supply.
806. Application process.
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807. Application review.
808. Pennsylvania Siting Advisory Council.
809. Effect of other laws.
§ 801. Findings and declaration of policy.
The General Assembly finds and declares as follows:
(1) The present and predicted growth in energy demands
in this Commonwealth requires a Statewide procedure for the
selection and use of sites for reliable energy generating and
storage facilities. The selection of sites will have an
impact on our citizens, the location and growth of industry
and the use of natural resources of this Commonwealth.
(2) It is the policy of the Commonwealth to locate large
reliable energy generating and storage facilities in an
orderly manner that is compatible with human health, safety,
environmental preservation and the efficient use of
resources.
(3) In order to effectuate this policy, there is need
for greater Statewide coordination of facility siting to
ensure continued electric power system reliability and
integrity while satisfying the Commonwealth's obligations
under section 27 of Article I of the Constitution of
Pennsylvania and limiting adverse effects on human health,
safety and the environment.
§ 802. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory council." The Pennsylvania Siting Advisory Council
established in section 808(a) (relating to Pennsylvania Siting
Advisory Council).
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"Board." The Reliable Energy Siting and Electric Transition
Board established in section 803 (relating to Reliable Energy
Siting and Electric Transition Board).
"Department." The Department of Environmental Protection of
the Commonwealth.
"Electric generator." The equipment or machinery capable of
producing, generating or storing electricity for private or
public consumption.
"Property" or "site." The parcel of real property upon which
a reliable energy generating or storage facility or storage
facility is proposed to be constructed or modified.
"Reliable energy generating facility" or "facility." An
electric generator plant, or a combination of electric
generators and associated facilities, with a nameplate capacity
equal to or greater than 25 megawatts.
"Reliable energy generator." A person that proposes to
construct:
(1) An electric generator with a nameplate capacity
equal to or greater than 25 megawatts or modify an existing
electric generator to result in a nameplate capacity equal to
or greater than 25 megawatts.
(2) A reliable energy storage facility.
"Reliable energy storage facility." A facility located in
this Commonwealth employing technology, including any
electrochemical, thermal or electromechanical technology, or any
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) as of the
effective date of this section, that is capable of absorbing and
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storing energy for use at a later time and that has a maximum
facility output of at least 10 megawatts and the technical
capacity to deliver its maximum facility output in a minimum
duration of no less than four hours.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
§ 803. Reliable Energy Siting and Electric Transition Board.
(a) Establishment.--The Reliable Energy Siting and Electric
Transition Board is established within the department for the
purpose of facilitating the development of new sources of
reliable energy in this Commonwealth while limiting adverse
effects on human health, safety and the environment.
(b) Membership.--The board shall consist of members selected
as follows:
(1) The secretary or a designee who shall be an employee
of the department.
(2) The Secretary of Community and Economic Development
or a designee who shall be an employee of the Department of
Community and Economic Development.
(3) The Secretary of Labor and Industry or a designee
who shall be an employee of the Department of Labor and
Industry.
(4) The chairperson of the Pennsylvania Public Utility
Commission or a designee who shall be an employee of the
Pennsylvania Public Utility Commission.
(5) The President of the Pennsylvania Building and
Construction Trades Council or a designee who shall be an
officer of the Pennsylvania Building and Construction Trades
Council.
(6) The President of the Pennsylvania Chamber of
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Business and Industry or a designee who shall be an employee
of the Pennsylvania Chamber of Business and Industry.
(7) The chairperson of the department's Environmental
Justice Advisory Board.
(c) Organization.--The secretary shall serve as chairperson
of the board. The members shall select from among themselves
officers as they deem necessary.
(d) Quorum and meetings.--
(1) A majority of the members of the board shall
constitute a quorum.
(2) The board shall meet to conduct official business at
the call of the chairperson.
(e) Expenses.--Members shall receive no compensation for
their services but shall be reimbursed for any expenses
necessarily incurred by them in the performance of their duties.
(f) Administrative services.--The department shall provide
administrative services and staff, including legal counsel and
legal staff, to the board.
§ 804. Powers and duties of board.
The board shall have and may exercise all powers necessary or
appropriate to carry out and effectuate the board's purposes
under this chapter, including, but not limited to:
(1) Appoint an executive director.
(2) Make and execute contracts and other instruments.
(3) Approve, conditionally approve or deny applications
under section 807 (relating to application review).
(4) Consult with the advisory council.
(5) Promulgate regulations necessary to carry out the
purposes of this chapter.
(6) Perform other operational activities necessary or
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appropriate to further the purposes of this chapter.
§ 805. Certificate of reliable energy supply.
(a) Applicability.--Prior to the preparation of a site or
construction of a reliable energy generating facility or storage
facility in this Commonwealth, a person may obtain a certificate
of reliable energy supply under this chapter.
(b) Purpose.--To ensure the efficient and uniform entry of
new reliable energy generating or storage facilities that
protect human health, safety and the environment in this
Commonwealth, the board is authorized to issue certificates of
reliable energy supply that enable the prompt construction of
needed energy resources.
(c) Restrictions.--A certificate of reliable energy supply
may not be issued to a person if:
(1) the proposed reliable energy generating facility or
storage facility will be located on property that is zoned
for residential uses and has been zoned for residential uses
since January 1, 2024; or
(2) the person has previously sought approval from a
county or municipal or other local government or authority
for the proposed reliable energy generating facility or
storage facility or a substantially similar reliable energy
generating facility or storage facility at the same location
and been denied in an appealable action.
(d) Effect of certificate.--
(1) A county or municipal or other local government or
authority by ordinance, regulation or other action may not
require any land use approval, consent, permit, certificate
or condition that materially impedes the purposes of this
chapter or will delay or prevent the construction, operation
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or maintenance of a reliable energy generating facility or
storage facility that has been issued a certificate of
reliable energy supply.
(2) The requirements of sections 619.2 and 1105 of the
act of July 31, 1968 (P.L.805, No.247), known as the
Pennsylvania Municipalities Planning Code, shall be deemed
satisfied by the board's issuance of a certificate of
reliable energy supply under this chapter.
(e) Transfer.--A certificate of reliable energy supply may
be transferred, subject to the approval of the board, to a
person who agrees to comply with the terms, conditions and
modifications contained in the certificate of reliable energy
supply and other requirements as determined by the board.
§ 806. Application process.
(a) Application.--An applicant for a certificate of reliable
energy supply shall file with the board an application, in a
form that the board may prescribe, including the following
information:
(1) A description of the proposed reliable energy
generating facility or storage facility.
(2) A statement and explanation of the need for the
proposed reliable energy generating facility or storage
facility, including an analysis of the proposed facility's
projected benefit to the electric grid within this
Commonwealth.
(3) Safety and reliability information, including
planned provisions for emergency operations and shutdowns,
and information on risks related to current and projected
extreme weather conditions over the anticipated lifetime of
the facility.
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(4) Available site information, including maps,
description and applicable zoning designation, if any.
(5) Justification for adoption of the site selected,
including an explanation of why the proposed location is best
suited for the reliable energy generating facility or storage
facility, how the selection of the proposed site aligns with
the applicable county development plan and the potential
benefit to the community in which it is located.
(6) For sites located in whole or in part within an area
identified using the Pennsylvania Wildlife Action Plan's
Conservation Opportunity Area Tool as "Pennsylvania Climate
Change Connectivity," an explanation of the specific measures
to be taken to minimize and ameliorate impacts on wildlife
habitat connectivity. The board may identify a successor tool
or successor identification under this paragraph if the
Conservation Opportunity Area Tool is no longer available.
(7) Studies that have been made by or for the applicant
of the environmental impact of the reliable energy generating
facility or storage facility.
(8) Identification of all environmental permits required
for the construction and operation of the reliable energy
generating facility or storage facility and the status of the
application for the identified permits.
(9) A statement certifying that the proposed reliable
energy generating facility or storage facility will be
designed and constructed in compliance with all applicable
Federal and State environmental laws and regulations.
(10) A summary of the consultation with municipalities
as required under subsection (b).
(11) Proof that a copy of the application has been sent
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to each municipality in which any portion of the proposed
reliable energy generating facility or storage facility is to
be located. The copy of the application sent to each
municipality shall be accompanied by a notice specifying the
date on or about which the application is expected to be
filed.
(12) Any other information required by the board to make
a determination under section 807 (relating to application
review).
(b) Public participation.--
(1) Prior to filing an application for a certificate of
reliable energy supply, an applicant shall consult with the
municipality or municipalities in which the reliable energy
generating facility or storage facility is proposed to be
located.
(2) Consultation with a municipality or municipalities
shall include, but not be limited to, good-faith efforts to
meet with each chief elected official of the municipality or
municipalities or the official's designee to discuss the
proposed reliable energy generating facility or storage
facility, including why the site was selected, alternative
locations that were considered, environmental impacts and
potential benefits to the community.
(3) At the time of the consultation, the applicant shall
provide the municipality with a copy of any technical reports
concerning the need for the reliable energy generating
facility or storage facility, including a map indicating the
area of need, the location of existing surrounding
facilities, a detailed description of the proposed site under
consideration, a description of the site selection process
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undertaken by the prospective applicant and the potential
environmental effects of the proposed reliable energy
generating facility or storage facility.
(4) As part of the application for a certificate of
reliable energy supply, the applicant shall provide a summary
of any meeting held with municipalities under this
subsection. In the event the applicant is unable to secure a
meeting with a municipality, the application shall contain a
detailed explanation of the applicant's best efforts and
reasonable attempts to secure the meeting, including, but not
limited to, written communications between the applicant and
the municipality.
(c) Public hearing.--Within 45 days of the filing of a
complete application for a certificate of reliable energy
supply, the board shall hold at least one public hearing
regarding the application and accept public comment. The board
may conduct the hearing or appoint an individual to serve as a
hearing officer. The following shall apply:
(1) The applicant for a certificate of reliable energy
supply shall attend the public hearing.
(2) The public hearing shall be held in accordance with
65 Pa.C.S. Ch. 7 (relating to open meetings). Notice of the
meeting shall be posted on the board's publicly accessible
Internet website at least two weeks prior to the meeting.
(3) The board may hold the public hearing in a
municipality in which the proposed reliable energy generating
facility or storage facility is to be located.
(4) The board may hold a concurrent public comment
period.
(5) The board shall review and consider the information
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received during the public hearing and any applicable public
comment period in making a determination under section 807.
(d) Fees.--
(1) For a reliable energy generating facility or storage
facility, the fee required for review of an application for a
certificate of reliable energy supply shall be the product of
50¢ times the maximum kilowatt electric capacity, as
determined by the estimated net demonstrated capability of
the highest capacity alternative.
(2) For applications for a reliable energy generating
facility or storage facility falling in whole or in part
within an area described in subsection (a)(6), the
application fee shall be the amount in paragraph (1) plus an
additional amount of 5¢ times the maximum kilowatt
electricity capacity, as determined by the estimated net
demonstrated capability of the highest capacity alternative,
and the additional amount shall be deposited as follows:
(i) Fifty percent shall be deposited into a
restricted account in the State Treasury. The money in
the restricted account is appropriated, on approval of
the Governor, to the Fish and Boat Commission for the
purpose of the State Wildlife Grant Program established
under Federal law.
(ii) Fifty percent shall be deposited into a
restricted account in the State Treasury. The money in
the restricted account is appropriated, on approval of
the Governor, to the Game Commission for the purpose of
the State Wildlife Grant Program established under
Federal law.
(3) The board may increase the application fee by an
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amount not to exceed 20% per year in accordance with the act
of June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act.
(4) The maximum application filing fee shall be $150,000
or, in the case of a facility falling in whole or in part
within an area described in subsection (a)(6), $175,000.
(e) Modifications.--
(1) If the holder of a certificate of reliable energy
supply finds it necessary to propose modifications to the
application during the course of project planning or
construction, the modifications may be made without
revocation of the certificate or reapplication to the board,
provided that:
(i) the proposed modifications are submitted by the
holder to the board; and
(ii) the board determines that:
(A) the modifications constitute minor or de
minimis modifications in the ordinary course of
business that do not substantially alter the original
application; or
(B) the modifications do not constitute minor or
de minimis modifications, but the proposal for
modification is accompanied by a statement of written
assent by the chief elected official of each
municipality or municipalities, and the modifications
would not adversely alter the determinations of the
board with respect to section 807(a)(2) (relating to
application review).
(2) Notwithstanding paragraph (1), the holder of a
certificate of reliable energy may submit an application
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under subsection (a) for a proposed modification.
§ 807. Application review.
(a) Determination.--The board shall, within 90 days from the
date of filing of a complete application, issue to the reliable
energy generator a certificate of reliable energy supply for the
reliable energy generating facility or storage facility proposed
in the application if the board determines that the applicant
has demonstrated that:
(1) The application is complete and accurate.
(2) The proposed reliable energy generating facility or
storage facility will:
(i) Comply with all applicable Federal and State
laws and regulations.
(ii) Obtain all necessary environmental permitting
for the construction and operation of the proposed
reliable energy facility.
(iii) Not unduly interfere with the orderly
development of the region with consideration having been
given to the views of the municipality or municipalities
in which the proposed reliable energy generating facility
or storage facility will be located.
(iv) The proposed reliable energy generating
facility or storage facility is necessary or proper for
the service, accommodation, convenience or safety of the
public.
(b) Denial or conditional approval.--If the board determines
that the standards under subsection (a) have not been met, the
board shall, within 90 days of the date of filing, either deny,
in whole or in part, the application, providing in writing its
reasons for the denial, or approve the application subject to
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stated conditions.
(c) Amended application.--In the event of denial or
conditional approval, the applicant may, within 180 days, submit
an amended application. The board shall make a decision on the
amended application within 90 days of receipt of the complete
amended application.
(d) Appeal.--A board's decision under subsection (b) or (c)
shall be considered an appealable action under the act of July
13, 1988 (P.L.530, No.94), known as the Environmental Hearing
Board Act. The following shall apply:
(1) Any appeal of a board decision to the Environmental
Hearing Board shall be limited to the administrative record
developed before the board.
(2) The party challenging the board's decision shall
have the burden of proving the board's decision was arbitrary
and capricious.
(3) The Environmental Hearing Board shall issue its
final decision on an appeal of the board's decision within
180 days after the appeal is filed.
(4) Procedural errors in the development of the
administrative record before the board shall not be a basis
for challenging the board's decision unless the errors were
so serious and related to matters of such central relevance
to the decision that the decision would have been
significantly changed had the errors not been made. The
person asserting the significance of the procedural errors
shall have the burden of proving that the action would have
been significantly changed.
(5) If the Environmental Hearing Board determines that a
board's decision is arbitrary and capricious on the basis of
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the administrative record, or determines that a procedural
error occurred in the development of the administrative
record, which error would have significantly changed the
board decision, the Environmental Hearing Board shall remand
the board's decision to the board to reopen the
administrative record and consider the additional information
before making a decision on remand.
§ 808. Pennsylvania Siting Advisory Council.
(a) Establishment.--The Pennsylvania Siting Advisory Council
is established within the department. The advisory council shall
consist of the following members:
(1) The Consumer Advocate of the Commonwealth or a
designee who shall be an employee of the Office of Consumer
Advocate.
(2) The Executive Director of the County Commissioners
Association of Pennsylvania or a designee who shall be an
employee of the County Commissioners Association of
Pennsylvania.
(3) The Executive Director of the Pennsylvania Municipal
League or a designee who shall be an employee of the
Pennsylvania Municipal League.
(4) The Executive Director of the Pennsylvania State
Association of Township Supervisors or a designee who shall
be an employee of the Pennsylvania State Association of
Township Supervisors.
(5) The Executive Director of the Pennsylvania State
Association of Boroughs or a designee who shall be an
employee of the Pennsylvania State Association of Boroughs.
(6) The Executive Director of the Pennsylvania Farm
Bureau or a designee who shall be an employee of the
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Pennsylvania Farm Bureau.
(7) The Executive Director of the Pennsylvania Game
Commission or a designee who shall be an employee of the
Pennsylvania Game Commission.
(8) Other members with diverse expertise in energy, land
use planning and environmental protection as the Governor may
from time to time appoint.
(b) Duties.--The advisory council shall:
(1) Make policy recommendations to the board regarding
the siting of reliable energy projects and the effect of
siting decisions on regional land use and comprehensive
planning.
(2) Advise and assist the board regarding the public
participation provisions under section 806(b) (relating to
application process).
(3) Provide recommendations to the board on other
subjects as the board may direct.
§ 809. Effect of other laws.
This chapter does not affect, limit or impair any right or
authority of the department under:
(1) Section 1917-A of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) The act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law.
(3) The act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act.
(4) The act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act.
(5) The act of July 7, 1980 (P.L.380, No.97), known as
the Solid Waste Management Act.
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(6) The act of October 18, 1988 (P.L.756, No.108), known
as the Hazardous Sites Cleanup Act.
(7) 58 Pa.C.S. (relating to oil and gas).
Section 2. This act shall take effect in 60 days.
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