Pennsylvania House Bill 2880 Would Create Statewide Siting Standards for Solar, Wind, and Battery Storage Projects

On October 21, 2026, House Bill (HB) 2880 was introduced in the Pennsylvania House of Representatives to amend the Pennsylvania Municipalities Planning Code (MPC) and establish statewide siting standards for utility-scale solar, wind, and battery energy storage projects. If enacted, the bill would significantly limit local authority over these projects and give developers new tools to challenge restrictive ordinances. Key points for developers, landowners, and municipalities follow.

Statewide Standards Would Cap Municipal Authority

Municipalities would have to permit qualifying renewable energy facilities in agricultural and industrial zoning districts by right, special exception, or conditional use, and they could not adopt permitting or zoning requirements more restrictive than the bill’s standards. Municipalities would have six months to make existing ordinances conform; after that, inconsistent provisions would be unenforceable.

The bill would cover solar and wind facilities with at least 20 megawatts of nameplate capacity, energy storage facilities with at least five megawatts of output deliverable for at least four hours, and combined generation-and-storage facilities of at least 20 megawatts. Rather than uniform rules, it sets maximum setback, height, and noise standards — for example, 50- and 150-foot setbacks for solar and storage, a 25-foot solar panel height limit, and a 47-decibel noise limit near homes, schools, and similar sites — and requires decommissioning plans for solar and storage projects. Municipal fees would be capped at the lesser of $1,000 per megawatt or $100,000 — with reimbursement of reasonable processing expenses above $100,000 — and municipalities could not impose a construction deadline shorter than five years.

New Enforcement Tools Against Restrictive Ordinances

The bill would prohibit “unauthorized local ordinances” — those that prohibit or unreasonably delay, impede, or prevent renewable energy facilities — unless necessary to protect public health, safety, or welfare. An aggrieved person could sue a municipality directly in Commonwealth Court to invalidate or enjoin such an ordinance, or ask the attorney general to review the ordinance and consider bringing suit. Courts could award attorney’s fees and costs against a municipality that acted with negligent disregard of state law limits and against plaintiffs whose claims are frivolous or lack substantial justification.

These remedies would apply to existing ordinances as well as new ones and could reshape how renewable energy siting disputes are litigated in Pennsylvania.

New Obligations for Developers

Before applying, developers would have to consult in good faith with each host municipality’s governing body on site selection, alternative locations, viewshed and environmental impacts, mitigation, and community benefits, and they would have to provide technical reports addressing project need and cumulative environmental impacts. Developers would also have to enter into legally binding community benefit agreements requiring a payment upon commencement of operation of $1,000 per megawatt of nameplate capacity, prorated among host municipalities. If a municipality refuses to enter into an agreement after good-faith negotiations, the developer would contract with local community-based organizations instead.

Outlook

HB 2880 has been referred to the House Consumer Protection, Technology and Utilities Committee. With little time remaining in the 2025-2026 session, enactment this session appears unlikely. Even so, the bill offers a potential framework for future legislation addressing the balance between local control and statewide energy infrastructure needs.

Developers, landowners, and municipalities should monitor HB 2880 and consider how its standards could affect pending and planned projects.

Read the legislation: Pennsylvania House Bill 2880

Please contact the author of this alert with questions or for assistance planning for potential changes.