Pennsylvania HB 1567: An Act providing for power plant host community benefit agreements between municipalities and owners of certain electric generating facilities, for power plant host community impact fees paid by affected facilities and fee uses; establishing public participation requirements; and providing for administrative fees and for duties of the Department of Environmental Protection.

Bill Text

PRINTER'S NO. 1867
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1567
Session of
2025
INTRODUCED BY MULLINS, DONAHUE, HILL-EVANS, PROKOPIAK AND
CEPEDA-FREYTIZ, JUNE 5, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JUNE 9, 2025
AN ACT
Providing for power plant host community benefit agreements
between municipalities and owners of certain electric
generating facilities, for power plant host community impact
fees paid by affected facilities and fee uses; establishing
public participation requirements; and providing for
administrative fees and for duties of the Department of
Environmental Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Power Plant
Host Community Benefit Agreement and Fee Act.
Section 2. 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:
"Affected facility." An electric generating facility with a
capacity of at least 10 megawatts. The term shall not include
the portion of an electric generating facility that uses
alternative energy sources.
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"Alternative energy sources." Energy derived from:
(1) Solar photovoltaic and solar thermal energy.
(2) Wind power.
(3) Low-impact hydropower.
(4) Geothermal energy.
(5) Biologically derived methane gas.
(6) Fuel cells.
(7) Biomass energy.
(8) Coal mine methane.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Governing body." A board of county commissioners, city
council, borough or incorporated town council, commissioners of
a township of the first class, supervisors of a township of the
second class, board of school directors of a school district or
their successor forms of government.
Section 3. Plan approvals and permits.
The department shall not grant to the owner of an affected
facility a final plan approval or final operating permit
required under section 6.1 of the act of January 8, 1960 (1959
P.L.2119, No.787), known as the Air Pollution Control Act, for a
stationary air contamination source that is an electric
generating facility with a capacity of at least 10 megawatts
unless the owner of the affected facility is in full compliance
with section 4.
Section 4. Power plant host community benefit agreements.
(a) Consultation required.--The owner of an affected
facility and the governing body of the municipality, the county
and the school district in which the affected facility is
proposed to be located, expanded or subject to the renewal of an
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existing permit shall enter into discussions to evaluate the
need for and potential terms of a power plant host community
benefit agreement.
(b) Public hearing.--Prior to negotiating the final terms of
a power plant host community benefit agreement, an affected
facility and the municipality, county and school district in
which the affected facility is located shall, in compliance with
section 8, provide a public opportunity for residents of the
municipality, county and school district to be heard regarding
the need for and potential terms of a power plant host community
benefit agreement.
(c) Notice of agreement.--If the owner of an affected
facility and the municipality in which the affected facility is
located enter into a power plant host community benefit
agreement, a signed and notarized copy of the agreement shall be
transmitted to the department. The department shall transmit the
agreement to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin.
(d) Agreement not reached.--If a municipality has approved
all necessary zoning and building permits for an affected
facility and the owner of the affected facility and the
municipality in which the affected facility is located fails to
enter into a power plant host community benefit agreement, the
following shall apply:
(1) The owner of the affected facility and the
municipality shall notify the department of the failure to
enter into the agreement.
(2) The owner of the affected facility remains subject
to the provisions of this act, including payment of the
required power plant host community impact fees under section
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5.
(e) Municipal permits not approved.--If a municipality has
not approved all necessary zoning and building permits for an
affected facility, the provisions of subsection (d) do not
apply.
(f) Construction.--Nothing in this act shall be construed to
limit the authority of a municipality in which the affected
facility is located to withhold approval of any applicable
zoning, building or other local permits or approvals required to
construc