Municipalities would allow large energy projects under statewide siting limits

Municipalities would allow covered energy projects in agricultural or industrial zones, either as an allowed use or through special local approval. Coverage includes grid-connected solar and wind projects of at least 20 megawatts selling power or supplying it beyond their property, storage mainly serving the grid at five megawatts or more, and combined solar or wind and storage projects at 20 megawatts or more. Storage and combined projects must sustain their maximum output for at least four hours. Local permit and zoning rules could not be stricter than the bill allows.

Developers would consult host municipalities and sign community payment agreements. Municipal payments would support public services, infrastructure, or other agreed projects. Payments for projects crossing municipal borders would be divided based on project area. If a municipality refused an agreement after good faith negotiations, the developer would instead agree with community organizations to pay at least the same amount. An agreement would not bind the owner or operator if the application were withdrawn or the facility never entered service. Consultation would occur before the development application; the required total payment would be due when the facility starts operating.

Covered facilities would follow statewide rules for distance from nearby uses, noise, and other site protections. Rules would cover large solar, wind, and storage facilities, including a 47-decibel noise limit measured within 30 feet of homes and listed community sites. Municipalities could waive these siting requirements with every affected property owner's written consent or negotiate larger buffers with developers. Solar applicants would need removal plans and financial backing; storage applicants would need removal and emergency response plans. Other applicable state and federal safety laws would still apply.

Municipalities would limit project fees and allow at least five years to start construction after approval. The fee rules would cover municipal filing, review, and fees charged for project impacts. Municipalities could also require repayment of reasonable application-processing expenses exceeding $100,000. Applicants could request more time to start construction by showing good cause. The five-year minimum would run from approval of the development application.

People harmed by unauthorized local rules could ask Commonwealth Court to stop them. Challenges would target rules that block or unreasonably hinder covered projects, except rules needed to protect public health, safety, or welfare. Courts could award legal costs against municipalities that carelessly disregard state limits or against people bringing baseless lawsuits or lawsuits without substantial justification. Court remedies would cover enforcement of existing ordinances and ordinances adopted or enforced on or after the provision takes effect.