05/06/2025
Heads up PA
Your municipalities rights to control the decommissioning process for solar projects will be removed if this Bill passes!
PA Senate had final passage of Senate Bill 349 Decommissioning of Solar Energy Facilities.
The website below states the Bill has been "Laid on the table" in the House, but I do not know what that means.
About the bill:
https://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2025&sind=0&body=S&type=B&bn=349
Download the bill here:
https://www.palegis.us/legislation/bills/text/HTM/2025/0/SB0349/PN0286
The Senate Bill appears to be written by Pro-Solar Lobbyists. Citizens have been able to stop some major solar projects (Mt. Joy's 1,000 acres, Windsor's Twp Berks County 440 acres) in the Commonwealth and I think the solar developers are not happy about it because many of us are winning partly because municipalities are requiring adequate decommissioning bonds up front which eats the solar company's profits.
The bill would take away the importance of local zoning -- the bill removes the teeth of any local ordinance on solar decommissioning.
-The state would use a one size fits all approach which would be terrible. PA has diverse ecology, no two solar sites are the same and I have been involved with fighting many. Due to the unique environments, decommission costs will vary - the restoration of land back to almost original use - a farm will take more rehab to return than say a meadow. A forest would take a long time to return to almost original condition.
-Municipalities will be unable to require adequate upfront decommissioning bond with requirements that the developer pays x dollar amount every 5 years to account for inflation and other rising costs.
-Developers are being let off EASY for decommissioning costs by only requiring 10% 30 days before construction and then 10% before 5th year since construction.... then 40% at year 10 and so on.
I did not see anything about what happens if the developer goes bankrupt.... The US National Renewable Energy Laboratory (NREL) warns about solar companies going bankrupt.
I know one solar project that was sold before they had finished converting the storm water facilities on the property - Lyons Solar Farm in Richmond Twp, Berks County. I have friends who know of others that sold in under 3 years.
Only 'approved' engineers on the state's list will be allowed to determine decommissioning costs -- What a great opportunity for the solar lobbyists/companies to know whom to target with lobbying which could benefit them. Right now municipalities are allowed to pick their own independent engineer (not affiliated with any solar company) which better protects municipalities and residents alike from conflicts of interest / solar company influence.
The bill would allow the developer to include salvage value for steel, aluminum and copper -- we cannot predict salvage value 25-50 years in the future so it should not be considered in the decommissioning cost. One needs to assume a contractor will have to pay at least the same cost constructing the project to deconstruct the project. I would argue returning the land would cost more since it gets damaged from construction - so in an ideal world you want more than construction cost.
Please contact your representatives!!
