Pennsylvania HB 522: An Act authorizing the Department of Environmental Protection, in consultation with the Department of General Services to lease certain submerged lands within Erie County and associated wind, water and solar resources for the assessment, development, construction and operation of utility scale offshore wind, solar or kinetic energy generation facilities; providing for collection of certain lease and royalty payments; establishing the Lake Erie Large-Scale Energy System Development Fund; and providing for distributions and transfers from the fund.

Bill Text

PRINTER'S NO. 515
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 522
Session of
2025
INTRODUCED BY MERSKI, SANCHEZ, HILL-EVANS, PIELLI, HOHENSTEIN,
KHAN, HARKINS, OTTEN, WEBSTER, KENYATTA, WAXMAN, GIRAL AND
MADDEN, FEBRUARY 5, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 5, 2025
AN ACT
Authorizing the Department of Environmental Protection, in
consultation with the Department of General Services to lease
certain submerged lands within Erie County and associated
wind, water and solar resources for the assessment,
development, construction and operation of utility scale
offshore wind, solar or kinetic energy generation facilities;
providing for collection of certain lease and royalty
payments; establishing the Lake Erie Large-Scale Energy
System Development Fund; and providing for distributions and
transfers from the fund.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Legislative declaration.
Section 103. Definitions.
Chapter 3. Leasing of Submerged Lands and Use of the Associated
Wind, Water and Solar Resources
Section 301. Authority and duties of department.
Section 302. Qualifications of lessees.
Section 303. Waters of this Commonwealth.
Section 304. Term of leases.
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Section 305. Lease agreements.
Section 306. Feasibility study.
Section 307. Improvements.
Section 308. Covenants.
Section 309. Federal and State law and permits.
Chapter 5. Administration
Section 501. Regulations.
Section 502. Sublease by department prohibited.
Section 503. Transfer of interest prohibited.
Section 504. Construction.
Section 505. Interagency responsibilities.
Chapter 7. Royalty Payments and Distributions
Section 701. Royalty payments.
Section 702. Lake Erie Large-Scale Energy System Development
Fund.
Section 703. Distributions and transfers.
Section 704. Submerged lands lease consideration.
Chapter 9. Miscellaneous Provisions
Section 901. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Lake Erie
Energy Development Act.
Section 102. Legislative declaration.
The General Assembly declares that the Commonwealth owns and
holds in trust as public natural resources under section 27 of
Article I of the Constitution of Pennsylvania the portion of
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Lake Erie located in Pennsylvania, including the bed of Lake
Erie and the associated wind, air, water and solar resources.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Lake Erie Large-Scale Energy System Development
Fund established under section 702.
"Large-scale energy system" or "system." A wind energy
generation system at more than five megawatts as measured by the
nameplate capacity of the system or a solar or kinetic energy
system of at least five megawatts as measured by the nameplate
capacity of the system, ancillary facilities and structures,
including any electrical collection and transmission facilities,
submerged electrical transmission cables and other related
structures.
CHAPTER 3
LEASING OF SUBMERGED LANDS AND USE OF THE
ASSOCIATED WIND, WATER AND SOLAR RESOURCES
Section 301. Authority and duties of department.
(a) Authorization.--The department, acting on behalf of the
Commonwealth and in consultation with the Department of General
Services, may, in accordance with this act:
(1) Lease submerged lands equal to or greater than 25
acres, but not in excess of 10,000 contiguous acres, within
the bed of Lake Erie in Erie County.
(2) In association with the lease of the submerged lands
in paragraph (1), allow the use of the wind, water and solar
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resources of Lake Erie in Pennsylvania.
(b) Areas to be leased.--The department shall develop a map
designating the areas of the bed of Lake Erie that may be
considered for leasing for large-scale energy system development
in consultation with the Department of Conservation and Natural
Resources, the Pennsylvania Fish and Boat Commission and the
Pennsylvania Game Commission. The department shall ensure that
the areas that may be leased:
(1) are concentrated in the central and western portion
of Lake Erie;
(2) avoid development in nearshore areas;
(3) avoid shipping lanes; and
(4) avoid areas of Lake Erie and pathways where
migratory species are concentrated.
(c) Bidding process.--The department has the power to make
and execute leases in the name of the Commonwealth, in
consultation with the Department of General Ser