Land & Renewables Connection
Solar for Schools Act Creates Framework for Grants to Schools to Install Solar Energy Facilities
On July 17th 2024, the Solar for Schools Act, known as Act 68 of 2024, became effective in Pennsylvania. The Solar for Schools Act creates a framework for the Pennsylvania Department of Community and Economic Development to award grants to certain types of schools to fund solar energy facility installations on their campuses. The Solar for Schools Act itself does not fund the grant program. However, the existence of a grant program could allow for more widespread adoption of solar energy generation on school campuses.
Not every school in the Commonwealth would be eligible to apply for a grant under the Solar for Schools Act. Most of the eligible educational institutions are defined as school entities under the Public School Code of 1949, which includes things like school districts, intermediate units and charter schools. Also eligible for grants are schools for deaf and blind individuals, and community colleges. Member schools of the Pennsylvania State System of Higher Education are not eligible to apply for grants under the Solar for Schools Act, and neither are state-related institutions like the University of Pittsburgh and Penn State University.
Schools eligible for the Solar for Schools Act grant program would be allowed to use the funds for costs related to purchasing and/or installing equipment on an educational building or surrounding land that the school owns, or for “any other costs directly related to a solar energy project.” What these “other costs” are is unclear in the legislation. While decommissioning a solar energy facility at the end of its useful life can be a costly process, and could conceivably fall within the scope of “other costs”, it seems that the Solar for Schools Act is intended to assist in the installation of solar energy facilities at schools, and not fund later costs for decommissioning solar energy facilities.
Another important point from the Solar for Schools Act legislation is the connection between the educational building and the solar energy facility. It is not unusual for school districts to own undeveloped land to potentially use for future school buildings. The text of the Solar for Schools Act makes clear that, for a solar energy facility project to be eligible for a grant, the solar energy facility must be located on the school building or “surrounding premises owned by an eligible applicant.” In other words, school districts cannot attempt to monetize vacant land for solar energy development through grants under the Solar for Schools Act.
Many of the particular deals of the grant program are unclear, being left to the Pennsylvania Department of Community and Economic Development to establish. And, while the Solar for Schools Act creates the framework for a grant program, it does not actually allocate money toward the grant program. So, the Solar for Schools Act grant program, at this early stage, exists only in legislation.
As the Department of Community and Economic Development establishes the mechanics of the grant program, and the grant program is funded, schools will have to navigate the process of analyzing and vetting proposals for sales and installation of solar energy facilities. Schools must not only be careful to abide by the requirements of the Solar for Schools Act and requirements developed by the Department of Community and Economic Development, but schools must also carefully consider the contracts for any purchase and installation of solar energy facilities.
Houston Harbaugh, P.C.’s Renewable Energy, Zoning and Land Use practice assists clients with all matters involving solar energy facilities. For any questions about this article, please contact Brendan A. O’Donnell at 412-288-2226 or odonnellba@hh-law.com
About Us
These are cutting edge legal issues. The law of the future. Renewable energy, zoning and land use issues will shape the future of growth in the region. Houston Harbaugh’s Renewable Energy, Zoning and Land Use practice focuses on assisting clients maximize and protect the value of their properties, whether related to renewable energy, commercial or residential development opportunities.
As renewable energy becomes more reliable, efficient, inexpensive and technologies associated with carbon capture and storage advance, Pennsylvania, West Virginia and Ohio are in position to benefit from these two parallel energy development opportunities. The region’s geographic location and existing infrastructure presents unique opportunities for property owners to participate in solar, wind, geothermal, other renewable energy developments, as well as for carbon capture, carbon sequestration and carbon storage projects. Additionally, legacy oil, gas and coal infrastructure may be repurposed and reused in connection with new energy developments.
With any development, whether renewable energy, commercial or residential, there are a host of zoning and land use issues that directly impact the most basic parts of daily life of both individuals and communities. Determining where and how land can be developed impacts property ownership, property value, quality of life and the economic development and wellbeing of communities. Zoning and land use issues are, on one hand, matters of local concern but, on the other hand, potentially subject to county or state regulations.
The Renewable Energy, Zoning and Land Use practice draws on Houston Harbaugh attorneys’ experience in energy, oil and gas and real property matters to advance clients’ interests in both transactional and litigation matters. Houston Harbaugh’s Renewable Energy, Zoning and Land Use attorneys assist clients with matters including:
- Solar energy leases;
- Wind energy leases;
- Pore space ownership for carbon capture / carbon sequestration / carbon storage, geothermal and waste disposal;
- Ownership of legacy oil, gas and coal infrastructure for repurposing/renewable energy usage;
- Compliance with existing solar, wind and renewable energy leases;
- Surface and subsurface accommodation between competing land uses;
- Variance, Special Exception and Conditional Uses applications/hearings;
- Land use appeals;
- Eminent domain
Brendan A. O'Donnell
An attorney in Houston Harbaugh’s Oil and Gas Practice, Brendan O’Donnell has represented oil and gas owners across Pennsylvania in a wide array of oil and gas matters for over a decade. This experience has involved not only the Marcellus shale and the Utica shale, but more traditional oil and gas development as well.
Brendan maintains a diverse practice, representing clients in all matters involving oil and gas spanning the transactional and litigation realms. On the transactional front, Brendan routinely assists landowners with negotiating oil and gas leases, pipeline rights of way and surface use agreements and subsurface easements related to horizontal drilling as part of Marcellus and Utica shale development. Brendan also frequently reviews royalty statements and oil and gas ownership issues as well as preparing deeds and title curative documents. Brendan also maintains an active litigation practice, representing clients in state and federal courts, as well as private arbitration matters. This litigation often involves title disputes, pooling and unitization challenges, lease termination questions and royalty/ post-production cost claims.
Assisting clients across the spectrum from contract negotiations through litigation and appeals gives Brendan valuable first-hand knowledge about how oil and gas agreements are prepared, how disputes arise and how courts resolve these issues. Brendan stays up-to-date on developments in oil and gas law and writes frequently on the these topics. Additionally, as alternative energy generation like wind and solar are increasingly being developed in oil and gas producing regions, Brendan assists clients with navigating the interplay between these complex energy developments and evaluating solar agreements.
Brendan complements his oil and gas practice by representing property owners, including oil and gas owners, in zoning and land use matters. Brendan has represented clients before municipal bodies and in appeals to court. Brendan is also active in the firm’s Energy and Environmental Law Practice.
Regardless of the type of representation, Brendan prides himself in providing clients with realistic, pragmatic advice. Hiring an attorney is an investment and Brendan focuses on how he can provide value to clients.
Outside of the office, Brendan serves on the Town of McCandless Planning Commission and lives with his family in McCandless. Brendan has visited every one of Allegheny County’s 130 municipalities.
