Local Government

Local governments in Pennsylvania play an important role in the deployment of solar energy in Pennsylvania not only by regulating where and how solar projects can be built, but also acting as a potential customer in procuring solar energy for use at municipal facilities. Many of these projects will be developed in rural communities with open tracts of land and bring economic opportunities to the area. Local governments may have to develop ordinances and setbacks for accessory use solar and for grid scale solar. Local governments can also take an active role in reducing their greenhouse gas emissions and work with developing and procuring renewable energy such as solar.

Municipal Officials’ Guide to Grid-Scale Solar Development in Pennsylvania

The DEP Energy Programs Office provided support to Penn State Extension to develop a Municipal Officials’ Guide to Grid-Scale Solar Development in Pennsylvania. This guide was developed and published in order to inform municipal and county officials about grid-scale solar development so they have the ability to add clear and regionally consistent language to zoning ordinances and other land use regulations that govern these types of projects. Additionally, the guide provides a resource for officials to reference when addressing questions raised by landowners, community members, and other stakeholders when grid-scale solar projects are proposed in their jurisdiction. The goal of the guide is to build local knowledge resulting in a well informed decision-making process.

The guide is organized around the following topic areas:

1. Grid-Scale Solar “Basics”
2. Grid-Scale Solar Technologies
3. Physical Impacts of Grid-Scale Solar Development
4. Environmental Impacts of Grid-Scale Solar Development
5. Land Conversion Issues with Grid-Scale Solar Development
6. Localized Economic Impacts of Grid-Scale Solar Development
7. Tax Implications of Land Conversions for Grid-Scale Solar Development
8. Ordinance Considerations for Grid-Scale Solar Development

Each topic area includes expanded discussions about items related grid-scale solar development, as well as a glossary and links to external resources for additional information. Development of the guide was funded by DEP’s State Energy Program funds from the U.S. Department of Energy.

Commonwealth of Pennsylvania Grid-Scale Solar Siting Policy Statement

A working group of Commonwealth Agencies, including the Departments of Agriculture, Community and Economic Development, Conservation and Natural Resources, Environmental Protection, and General Services developed a Grid-Scale Solar Siting Policy to provide guiding principles to stakeholders, including landowners, solar developers, and municipal governments, to consider when evaluating proposed grid-scale solar projects.

• Prioritize reuse and repurposing of previously impacted lands to make these sites viable alternatives for hosting grid-scale solar de

  velopment compared to greenfield areas such as agricultural and forested lands.

• Balance potential opportunities of grid-scale solar energy projects with priorities and benefits of agricultural preservation and sustainable forest management.
• Support project siting that elevates equitable sharing of environmental, health, social, and economic benefits while advancing the Commonwealth’s environmental and climate justice goals.
• Respect local decision making on the siting of projects within parameters established in existing and informed community-based comprehensive planning efforts.
• Protect landowner interests and safeguard future land uses through informed project planning that includes project decommissioning plans to ensure site restoration following project closure.

The full Grid-Scale Solar Siting Policy can be found here.

Zoning and Permitting Resources for Residential and Commercial Scale Solar Development

Residential and commercial scale solar projects are usually considered as Accessory Solar Energy Systems (ASES). Accessory Solar Energy Systems are intended to primarily reduce on-site consumption of utility power or fuels. These systems are usually roof mounted, but can also include free-standing ground mounted solar arrays providing energy for use on-site, and are typically regulated in permitted similar to other types of home and building improvements. Examples of information that can be helpful for local governments considering solar zoning and permitting include:

DVRPC Renewable Energy Ordinance Framework for Solar PV

The Delaware Valley Regional Planning Commission created this framework as a resource for municipalities as they develop and update zoning ordinances to govern the siting of small-scale solar PV energy systems in their community. The purpose of this framework is to provide clear, regionally consistent guidance on how to construct solar PV zoning ordinance. The framework assists municipalities in identifying ways to regulate solar PV in their zoning codes, subdivision codes, and other regulations and ordinances in a way that aligns with their local land use and community goals.

Western Pennsylvania Rooftop Solar Challenge Solar Installation Guidebook

PennFuture, in partnership with the Western Pennsylvania Rooftop Solar Challenge and funded by the United States Department of Energy’s (DOE) SunShot Initiative, prepared this resource to facilitate successful, cost-effective small scale solar photovoltaic (PV) installations in Pennsylvania. Although this guidebook was developed for a Western Pennsylvania stakeholder group, the content is applicable for cities, boroughs, and townships across the entire Commonwealth. This guide introduces basic concepts related to small scale solar PV installations and outlines the regulations and permitting process successfully adopted by Pennsylvania municipalities. The guide contains background information, a model solar zoning ordinance, model permitting application and information related to permitting fees and processes. It also includes examples of completed solar permits.

Additional information on these topics can be found in the Planning, Zoning, & Development and the Codes, Permitting, & Construction section of SolSmart Toolkit for Local Governments.

Land Use and Zoning Resources for Grid-Scale Solar Development

Grid-scale solar projects are usually considered as Principal Solar Energy Systems (PSES). Principal Solar Energy Systems are intended to supply electricity into the transmission grid for use off-site of where the system is located. These systems are typically large in size, requiring significant amounts of property, and may require updates to subdivision and land use development ordinances and zoning requirements. Examples of information that can be helpful for local governments considering solar zoning and permitting include:

Cumberland County Solar Energy Systems Model Ordinance

This comprehensive model ordinance was developed by the Cumberland County Planning Department using a variety of ordinances from municipalities in the county and around the state and from ordinances in surrounding states. It provides model ordinances for both accessory use as well as principal use solar energy systems. The model is intended to provide a thorough review of all aspects of solar energy systems that could be regulated. Municipalities are not recommended to implement this entire ordinance without modification. Rather, municipalities should review this ordinance, examine their local situation, and adopt the regulations that make the most sense for their municipality.

Penn State Extension Webinar: Utility Scale Solar: Land Use, Policy and Emerging Ordinances - An Interactive Q and A

In 2020, the Penn State Extension conducted a webinar entitled Utility Scale Solar: Land Use, Policy and Emerging Ordinances - An Interactive Q and A. This webinar provides an overview on topics including solar energy efficiency, land use, state policies, and emerging township ordinances.

Additional upcoming webinars, as well as archived sessions around the topics of leasing, economics, land use and environmental impacts, and integration into agricultural uses can be found on the Penn State Extension website.

Solar Energy for Use by Local Governments

In order to meet Climate Action Plan or other community goals, Local Governments may choose to use solar energy as the power source for municipal facilities. There are multiple paths to acquire solar energy to power municipal operations, with both on- and off-site installation possibilities.

On-Site Solar Energy Opportunities: On-site solar photovoltaic (PV) systems are installed at the location where the electricity will be consumed. Similar to residential or commercial solar PV installations, they may be placed on rooftops, parking lots, or other suitable areas where a direct connection to the facility consuming the power can be established.

1. Installing and Operating On-Site Solar PV: In this scenario, the municipality is responsible for procuring, installing, operating, and maintaining the solar PV system, and will realize the full savings on the utility bills at the facilities where systems are installed.
2. Leasing On-Site Solar Energy through a Power Purchase Agreement (PPA): In this scenario, the local government contracts with a third-party developer who will install and operate a solar PV system at a municipal site, and then purchases electricity from the installation an agreed upon price throughout the life of the lease. This delivery model has the advantage of eliminating operations and maintenance responsibilities for the local government, and may reduce project lifecycle costs as the developer can take advantage of federal tax credit and other financial incentives that are not available to local governments.

Additional information on these options can be found in the Solar Development on Public Facilities and Under-Utilized Land section of SolSmart Toolkit for Local Governments.

Off-Site Solar Energy Opportunities: When adequate locations for solar PV installations are limited, or the energy demand is greater than the available space, local governments have the option to procure solar energy from off-site sources.

1. Purchasing Off-Site Solar Energy through a Power Purchase Agreement (PPA): Similar to leasing on-site solar energy through a PPA, large entities with multiple facility locations, such as the City of Philadelphia and the Commonwealth of Pennsylvania, have been entering into PPAs with third-party developers to construct solar PV facilities off-site to generate electricity for government operations. In this scenario, the power purchaser (government entity) enters into a fixed-price supply agreement with the developer to purchase all of the energy generated from the facility over a specified period of time, and the energy is transmitted through the existing transmission and distribution grid. DEP, through partnership with the Commonwealth’s GreenGov Council, is examining how to provide opportunities for local governments to take advantage of procurement model.
2. Purchasing Off-Site Solar Energy through the Selection of a Preferred Solar Generation Source: Much like the options available to residential and commercial consumers, local governments have the option to designate their energy supplier and select a provider who will source 100% solar energy. The Pennsylvania Municipal League (PML), through the Municipal Utility Alliance (MUA), offers an Electricity Procurement Program that streamlines the process for local governments to enter into one- to two-year contracts for the supply of electricity. When using this method, a municipality may request electricity come from solar, or another renewable source, when requesting a quote. Further information can be found on the MUA website.

Additional Solar Resources for Local Governments

Nonprofit and Solar Advocacy Resources:

• SolSmart: SolSmart is a national program led by the International City/County Management Association and The Solar Foundation, along with a team of partners, including the National Renewable Energy Laboratory, with deep expertise in solar energy and local governments. SolSmart awards cities, counties, and regional organizations points using objective criteria for removing obstacles to solar energy development. To help communities achieve designation, SolSmart provides no-cost technical assistance from a team of national experts who work to evaluate programs and practices that impact solar markets and identify high-prospect opportunities for improvement. Additionally, SolSmart has published the SolSmart Toolkit for Local Governments which provides guidance on many aspects of the solar development process from the local government perspective.
• Solar Energy Industry Association (SEIA): SEIA is a national trade association building a comprehensive vision for the use of solar energy through research, education and advocacy. SEIA has identified the time and cost of navigating the local permitting process as a barrier to the deployment of further solar energy installations, and is looking to remove this barrier through educating industry and policymakers, easing permitting times, and creating an environment of success for model permitting on the federal, state, and local levels. SEIA also compiles solar policy resources at the state level, and provides a summary for Pennsylvania.
• Solar@Scale: Solar@Scale is a partnership between the International City/County Management Association (ICMA) and the American Planning Association (APA) that aims to help cities, towns, counties, and special districts understand and realize the potential benefits of large-scale solar development. This initiative is funded by the U.S. Department of Energy. In 2021, the Solar@Scale partnership released a guidebook entitled A Local Government Guidebook for Improving Large-Scale Solar Development Outcomes. The purpose of this guidebook is to help local government practitioners—including planners, economic development professionals, local government managers, and elected and appointed officials—make decisions that improve large-scale solar development outcomes. It provides a broad overview of foundational concepts related to large-scale solar development, examines how local government practitioners can use plans, zoning regulations, and land-use decision-making processes to maximize the local benefits and minimize the tradeoffs associated with these developments, and explores other actions local government practitioners can take to support this type of development.

Federal Resources:

• Office of Energy Efficiency and Renewable Energy (EERE): EERE is a federal Department of Energy Office with the mission to accelerate the research, development, demonstration, and deployment of technologies and solutions to equitably transition America to net-zero greenhouse gas emissions economy-wide by no later than 2050, and ensure the clean energy economy benefits all Americans, creating good paying jobs for the American people—especially workers and communities impacted by the energy transition and those historically underserved by the energy system and overburdened by pollution. EERE, through the Solar Energy Technologies Office (SETO), has published a number of resources to assist local governments with the adoption and deployment of solar energy systems within their community. These include:
  • Solar Power in Your Community Guidebook: This guidebook was designed to assist local government officials and stakeholders in increasing local access to and deployment of solar energy systems. The most recent update to this guidebook highlights new technologies and strategies to maximize the benefits of solar to all communities. It also emphasizes strategies for improving the equity of solar deployment at the local level. The guidebook offers an in-depth introduction of each topic, case studies of real-world applications, and supplemental resources, including reports, references, tools, and a state and federal policy guide.
  • End-of-Life Management for Solar Photovoltaics: A common concern for local government officials and other concerned stakeholders are end-of-life management plans for solar energy installations. EERE SETO is conducting research and released an action plan to examine how new materials, designs, and practices can help to reduce PV manufacturing’s environmental impact by minimizing waste, energy use, negative effects on human health, and pollution.
  • Solar@Scale Guidebook: EERE SETO funded the development of the Solar@Scale Guidebook (described in greater detail in the Nonprofit and Solar Advocacy Resources section above).
  • Solar Energy Resources for Government Officials: This page was designed to assist local, state, and federal government entities in the United States looking to procure solar for themselves or make it easier for their communities to install solar can utilize best practices and resources already developed by the U.S. Department of Energy Solar Energy Technologies Office.
• National Renewable Energy Laboratory (NREL): NREL is a federal program that advances the science and engineering of energy efficiency, sustainable transportation, and renewable power technologies, which include solar energy, and provides the knowledge to integrate and optimize energy systems. NREL works with state, local, and tribal communities to support development of efficient, affordable, and resilient energy systems that address local energy challenges, and has developed resources to support these stakeholder groups. NREL has recently developed an free permitting application and fee tool for local governments to use for residential solar installations called SolarAPP.
• Environmental Protection Agency (EPA): The EPA has developed a Local Government Solar Projects Portal that provides project development resources, shares best practices, and offer technical support.

PJM New Services Queue:

• PJM Interconnection is the regional transmission organization (RTO) that coordinates the movement of wholesale electricity in Pennsylvania, as well as all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Tennessee, Virginia, West Virginia and the District of Columbia. PJM plays a role in reviewing and approving requests by developers to interconnect new energy resources, including grid-scale solar projects, into the regional transmission system. PJM tracks applications, technical assessment studies, and interconnections agreements for all types of projects in the PJM New Services Queue. Users of the PJM New Services Queue can track proposed projects by location (at the county level), fuel type (solar, along with other types of energy resources such as natural gas, coal, wind, and storage), and project capacity, and gain a high-level understanding of the potential for energy resource development in their community.