Gov. Josh Shapiro signed Act 44 of 2026 (SB 349) into law on July 20, 2026, after passing the House on July 12 by a 196-6 vote. PSATS had asked Shapiro to veto the bill. Act 44 sets up a new statewide system for decommissioning of commercial solar facilities that will preempt (and invalidate) municipal solar ordinance decommissioning provisions. The preemption provisions will take effect in January 2027.  

PSATS opposed the act, asked that existing ordinances be “grandfathered,” and argued that it will undo the hard work done by many township officials to address these concerns. These concerns were not addressed by Act 44. The state Department of Environmental Protection now has 180 days to create forms for decommissioning plans and financial assurance for decommissioning that will be filed with the county recorder of deeds, as well as develop temporary regulations to implement the new decommissioning procedures.  

In January 2027, Act 44 will require agreements between property owners and companies leasing the land for solar energy facilities, defined as facilities that use solar energy to produce or distribute energy of more than two megawatts, to state that the companies are responsible for decommissioning the solar energy facility no later than 18 months after the facility has ceased producing electricity. As part of the agreement, the company must provide a decommissioning plan that meets the provisions of Act 44, as well as proof of financial assurance, all of which will be recorded with the county recorder of deeds. If the company does not fulfill the decommissioning obligations, the payment from the financial assurance would be made to the property owner. Updated decommissioning plans and proof of financial assurance must be prepared every five years by a third-party professional engineer from a list compiled by DEP and filed with the county recorder of deeds. Farmers who own and operate a solar energy facility will be exempt from these provisions. Click here to view the new act.