Power plants would pay fees and negotiate with host communities

Facility owners and local governments would discuss a host-community benefit agreement before finalizing its terms. This applies to electric generating facilities with at least 10 megawatts of capacity, excluding portions using alternative energy sources, when a facility is proposed, expanded, or renewing an existing permit. The municipality, county, and school district would provide residents an opportunity to be heard before the agreement's final terms are negotiated. If no agreement is reached after required local permits are approved, the owner would still have to pay the required impact fees. A municipality could still withhold required local permits if no agreement is reached. These requirements would apply after the act takes effect, which would be 60 days after enactment.

Owners of qualifying facilities would pay upfront and annual fees to the host municipality, county, and school district. This applies to an affected facility that begins operating under a new or expanded permit after the act's effective date. The minimum payments would be based on the facility's electric generating capacity. Upfront payments would be due before the facility first sends electricity to the transmission and distribution system. Annual payments to the municipality, county, and school district would increase by at least 2% or the latest reported Consumer Price Index increase, whichever is greater. A facility and the host local governments could agree to higher fees or other financial and nonfinancial terms. The first annual payments would be due by December 31 of the first year the facility generates electricity under the new or expanded permit.

The Department of Environmental Protection would withhold final plan approval or a final operating permit unless the facility owner complies with the host-community requirements. This applies to affected stationary electric generating facilities with at least 10 megawatts of capacity seeking the specified final approval or permit. The owner would also pay the department an annual administrative fee of $300 per megawatt for a facility operating under a new or expanded permit. The first department fee would be due within one month after electricity generation begins; later payments would be due by June 30. The owner would submit a department-approved public participation plan that includes at least one public meeting or forum and ways to notify residents. The act would take effect 60 days after enactment; the administrative fee applies when operation begins under a new or expanded permit after the applicable effective date.