Question of the Week | Pennsylvania’s New Solar Decommissioning Requirements Explained

What does Act 44 mean for your township’s solar decommissioning ordinance? PSATS Holly explains the new state requirements, when they take effect, and how existing commercial solar facilities are affected. Engage with PSATS online! Web: https://www.psats.org/ Facebook:   / psats   Video transcription: It's time for the TVN Question of the Week. Dear PSATS: We heard that there is a new state act for decommissioning of commercial solar facilities that will preempt our existing ordinance provisions. How will this new decommissioning process work and what does it mean for commercial solar facilities that are already in place? The preemption and decommissioning provisions of Act 44 of 2026 will take effect on January 19, 2027. At that point, any local ordinance or regulation that “materially impedes” its purposes will be preempted. Act 44 will require new agreements between property owners and companies leasing land for commercial solar facilities to include provisions stating that the company is responsible for decommissioning the solar energy facility. The agreement must include a decommissioning plan and proof of financial assurance on forms created by the state Department of Environmental Protection and must be recorded with the county recorder of deeds. Updated plans and financial assurance must be recorded every five years. If the company fails to decommission its facilities, it must pay the property owner. Commercial solar facilities currently in existence that are covered by township decommissioning provisions will remain in place. Any new agreements for commercial facilities will fall under the state requirements, not local ordinances, as of January 19.