HB 502 Still Threatens Municipal Rights — Even After Amendments

Pennsylvania’s communities are at a crossroads.

Pennsylvania House Bill 502 would create a powerful state board to approve large-scale energy projects and allow it to override local zoning and land use decisions—even if those decisions are based on public health or community planning. While recent amendments added important protections like Health and Conservation Assessments, community benefit agreements, and public input requirements, the bill still strips municipalities of real authority. Local governments can comment, but neither stop nor stipulate binding conditions on a project, and must follow vague limits that prevent anything that could “materially impede” development. This shift not only undermines Pennsylvania’s long tradition of local governance but also violates constitutional protections for home rule and environmental rights. 

At Physicians for Social Responsibility Pennsylvania (PSR PA), we’ve spent years advocating for environmental justice, public health protections, and stronger local input in energy policy. When House Bill 502 was introduced, we knew it had the potential to reshape how energy infrastructure is sited across the Commonwealth—for better or worse.

To the credit of the House Energy Committee, several of the amendments now reflected in the revised version of HB 502 align with key recommendations we’ve advocated for over time—such as Health Impact Assessments, Conservation Assessments, and the consideration of cumulative environmental impacts. We appreciate the inclusion of these important protections. However, we must note with concern that PSR PA was listed as a participant in the bill’s ad hoc advisory process without prior consultation or input regarding our role. Including an organization in formal legislative processes without engagement or consent undermines the spirit of collaboration. We cannot and will not serve in an advisory capacity for a bill we fundamentally oppose. It must also be acknowledged that this advisory group holds no power. It is non-binding and non-voting, and the RESET Board is under no obligation to act on any of its recommendations. While we remain willing to offer our expertise to improve health and environmental safeguards, our position on HB 502 has not changed: municipal autonomy remains at risk, and that concern must not be overlooked in this or any future legislation.

Moreover, while HB 502 now requires Health and Conservation Assessments, the bill contains no mechanism to require that the results of those assessments influence project decisions. A Health Impact Assessment can show a community is already experiencing pollution-related illness—but there’s no threshold, standard, or rule in the bill that says, "If it's too harmful, it can’t move forward." In short, the board can approve a project even when the science says it will make people sicker or ecosystems more degraded. In fact, much of the bill’s language states that the RESET Board “may” consider certain factors—such as public input, health assessments, or conservation findings—rather than “shall,” a key legal distinction that makes these considerations entirely optional rather than mandatory.

At its core, HB 502 continues to represent a sweeping consolidation of power at the state level. It allows a centralized board to override municipal land use decisions by issuing a “Certificate of Reliable Energy Supply.” Once that certificate is granted, municipalities are legally barred from taking any action that might “materially impede” the project—even if that action is rooted in zoning law, comprehensive planning, or legitimate public health and safety concerns.

That phrase—“materially impede”—is vague, subjective, and dangerously powerful. It puts local officials in a legally uncertain position: if they attempt to enforce ordinances to protect their community, they could be preempted or sued. This is not shared governance; it is a one-way override.

Even with the option to appoint two ad hoc municipal board member, the balance of power remains tilted toward state and developer interests. Procedural input has improved, but the final authority—and the legal preemption—still rests with the Commonwealth, and is unconstitutional.

HB 502 not only undermines democratic local control—it also stands on shaky constitutional ground.

• Article IX, Section 2 of the Pennsylvania Constitution affirms the right of home rule municipalities to govern themselves unless narrowly limited by the legislature. HB 502’s broad and preemptive language does not meet that standard.

• Article I, Section 27, the Environmental Rights Amendment, designates both the Commonwealth and local governments as trustees of our environment. HB 502 effectively strips municipalities of that trustee role—undermining their constitutional duty to conserve natural resources and protect residents from environmental harm.

• In Robinson Township v. Commonwealth (2013), the Pennsylvania Supreme Court struck down similar provisions in Act 13 for attempting to override local zoning in oil and gas siting decisions. HB 502 repeats those same legal errors—just with broader scope.

it is not a matter of if this bill will be challenged—it is a matter of when. And unfortunately, that challenge may come only after irreparable damage is done to a community, an ecosystem, or the public trust.

It’s also important to point out who really benefits from HB 502. The RESET Board includes voting seats for lobbying organizations - some who represent fossil fuel companies, with political action committees that donate to lawmakers. Allowing lobbying entities and special interest groups with a history of supporting deregulation to vote on where energy infrastructure goes is a direct conflict of interest. It is not only inappropriate—it is a betrayal of the public trust. No state board making public health and land use decisions should include any entity that cuts campaign checks or lobbies against regulatory protections. HB 502 is being advanced at a time when federal environmental rollbacks are accelerating, and Pennsylvania’s own regulatory structure is already weak and underenforced. In many cases, local governments are the last and only line of defense for public health and environmental protection. This bill removes that line and replaces it with unchecked, industry-aligned power.

We still have the opportunity to work together and get this right, and do something truly remarkable. HB 502 doesn't have to be a step backward. With real changes, it could balance statewide energy planning with local knowledge, environmental stewardship, and public health. But to do that, the bill must:

• Remove the “materially impede” clause or narrowly define it to protect local enforcement;

• Restore all local zoning and land use authority, consistent with the Municipalities Planning Code;

• Respect municipalities’ constitutional duty under the Environmental Rights Amendment;

• Make municipal consent a requirement, not a procedural courtesy;

• And guarantee enforceable legal standing for municipalities and residents to challenge harmful projects.

  
  

Our Message to Lawmakers: Don’t Sacrifice Democracy for Speed

We understand the urgency to build a modern energy system. But speed cannot come at the expense of constitutional rights, public health, or local democracy.

To the House Energy Committee: thank you for the improvements made so far. We recognize the progress, and we stand ready to work with you toward a better solution. But as long as HB 502 includes language that preempts municipal authority, silences local voices, and undermines the state constitution, we must continue to oppose it. The people who live with these projects deserve more than consultation—they deserve real power in deciding what gets built, and where.

Let’s make sure HB 502 truly works for all Pennsylvanians, because it will affect all Pennsylvanians.