Luzerne County, PA — Solar Development Risk Assessment

No Moratorium

None codified at county level. Municipal (township/borough) setbacks govern.

Municipal Planning Board/Zoning Hearing Board: CUP or Special Exception. No county-level siting authority in PA; each municipality has own zoning ordinance.

Mixed — economic development interest; coal legacy; rural townships more receptive

Wilkes-Barre metro; coal heritage; limited urban utility-scale; rural townships in west/north have some potential; PPL territory with active interconnection

Stable

Local permit: Conditional Use or Special Exception in agricultural zoning district; governed by PA Municipalities Planning Code (MPC), 53 P.S. §10101 et seq. No statewide preemption of local ordinances — municipalities and counties may restrict or prohibit utility-scale solar without state override. ~5% of PA's 2,559 municipal codes explicitly address grid-scale solar (Penn State Dickinson Law, 2023); most projects require ordinance amendment or variance. No state CPCN requirement for solar. Net metering available under PA Act 35 of 2007. AEPS Act 213 of 2004: ~18% renewable energy standard; no significant solar carve-out.

PA Alternative Energy Portfolio Standard (AEPS): 18% Tier I renewable by 2021 (met); no solar-specific carve-out in AEPS — PA's renewable credit market is small vs. NJ/MD. Net metering: PA Act 35 of 2007; net metering for systems up to 5 MW; PPL, PECO, Met-Ed, West Penn, Penelec, Penn Power offer programs. SREC market: very limited; PA SRECs trade at near-floor value. USDA REAP grants and loans: available for rural projects. PACE financing: available in Allegheny, Philadelphia, and other PA counties. Solar not preempted: all PA utility-scale permitting at local zoning level. Utility varies by county: PECO (Philadelphia/SE PA); PPL (eastern/central PA); West Penn Power (FirstEnergy, SW/western PA); Met-Ed (eastern border); Penelec (Allegheny/NW PA areas); Duquesne Light (Allegheny County metro).

MN8 Energy proposed 963-acre Hazle Township project along Club 40 Road | near active coal operations | Hazle Twp. zoning: 1,000-ft residential setback, 500-ft road setback | under review as of Nov 2024 (Citizens Voice Nov 15 2024)

Multiple solar proposals rejected in Luzerne County townships (Newton Twp., Lehman Twp.) by zoning boards following resident opposition (Citizens Voice Nov 15 2024). Earth Conservancy: mine site solar feasibility study Apr 2023 — two viable sites identified but funding not yet secured (Sugar Notch, Newport Twp.).