Local Issues

This section is fundamentally about situational awareness. Knowing what issues and public conversations are active in a community can inform a developer’s preparation, sensitivities, and provide avenues to build support. Experience from previous developers (outside, energy, or otherwise) can color a community’s perspective even without having direct experience working with your company. Knowing how those issues were resolved can be informative to adopt appropriate sensitivity and avoid pitfalls. Understanding local issues can also provide developers opportunities to demonstrate their value and commitment to communities by showing concern and offering solutions to local problems and needs—knowing what is on their minds shows you did your homework. 

Lawrence County is a relatively quiet place. The Firefly Solar project is likely one of the largest developments and potential investments the county has seen in a while, with the exception of the Hickory Run Combined Cycle Natural Gas plant that came online in 2020. The Firefly project remains an important issue for the community with efforts to remove the solar exclusion ordinance through an act of the Supervisors or a “Right to Farm” claim made to the state AG. Relevant to Firefly’s development, Pennsylvania also has some of the most expansive farmland conservation programs in the country, creating additional barriers to development. 

"Right to Farm," Attorney General Review of North Beaver Ordinance (ARCE Review): Agriculture, Communities and Rural Environment (ARCE) Act 38 is a statewide law that was passed in 2005 “to ensure that ordinances adopted by local governments to regulate normal agricultural operations are not in violation of state law. A local ordinance cannot exceed, duplicate or conflict with state law.” A local ordinance that violates state law can be deemed an “unauthorized local ordinance” upon review by the Pennyslvania Attorney General. Ordinances can be ruled as “unauthorized” and overturned if they (1) prohibits or limits a normal agricultural operation, or (2) restricts or limits the ownership structure of a normal agricultural operation. 

• An AG review was prompted by a request from Herm Cvetan, a local farmer, who argues the local ordinance that bars solar development in agriculture zones should be deemed unauthorized and voided. 
• More information and the status of the AG’s office review can be found here.

New Penn Power Distribution Substation: Penn Power, a FirstEnergy Electric Company, is constructing a distribution substation in Lawrence County. The new substation is billed as an investment that could prevent future outages.

Hickory Run Discharge Issue: Hickory Run Energy Center is filing a major amendment application with the Pennsylvania Department of Environmental Protection Northwest Regional Office for the National Pollutant Discharge System. “If approved, the permit would allow the company to discharge industrial wastewater and storm water, associated with industrial activities from the Hickory Run Energy Station in North Beaver Township, to the Mahoning River at a point located northwest of the intersection of Brewster and Covert Roads in North Beaver Township.” The plant came online in 2020. 

Relevant State Issues:

Regional Greenhouse Gas Initiative (RGGI) membership: Pennsylvania is currently in the process of joining the multi-state greenhouse gas reduction effort after a multi-year battle in Harrisburg and litigation by Republicans, as well as some utilities and labor unions to keep the state out of the program. This is a statewide issue and may be less well understood in Lawrence County, but avoid talking about RGGI or making any, even tacit, connections between the Firefly project and RGGI obligations. The issue is very divisive especially in western PA and among unions.  

Farmland Preservation: Pennsylvania has one of the most, if not the most, ambitious farmland conservation program in the country. This issue is relevant to the Firefly Project in the case that it is developed on agriculturally zoned land–the Agricultural Conservation Easement Purchase Program is a potential barrier to development. 

• Clean & Green: “Clean and Green is a preferential tax assessment program, that bases property taxes on use values rather than fair market values. This ordinarily results in a tax savings for landowners.  The Pennsylvania General Assembly enacted the program in 1974 as a tool to encourage protection of the Commonwealth's valuable farmland, forestland and open spaces.” Solar and biomass are permitted on Clean & Green enrolled lands without any tax rollback penalty if a majority of the energy is used on the enrolled tract, therefore, any tracts enrolled in Clean & Green will likely need to be removed from enrollment, which requires rollback taxes be paid on the property.