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Saturday, November 23, 2024

Farmer to PA attorney general on township law: 'This ordinance is unduly restrictive and strips away the right of farmers from utilizing their land to produce solar energy'

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Pennsylvania Attorney General and gubernatorial candidate Josh Shapiro | Facebook/Josh Shapiro

Pennsylvania Attorney General and gubernatorial candidate Josh Shapiro | Facebook/Josh Shapiro

On his campaign website, Pennsylvania Attorney General and gubernatorial candidate Josh Shapiro touts his commitment to alternative energy. However, as attorney general, Shapiro has been curiously silent on whether his office will support a farmer in Western Pennsylvania appealing to him for support on his effort to install a solar farm.

Herm Cvetan, a farmer from New Castle, appealed to the AG’s office in March, asking for a ruling from Shapiro in support of a dispute with the North Beaver Township, which passed an ordinance banning a solar field on agricultural property, in alleged violation of Pennsylvania’s ACRE law, which protected farmers from local laws that run counter to Commonwealth law governing agricultural operations.

“Unfortunately, and in spite of efforts to provide the historical and  legal background for our local officials, North Beaver Township,  Lawrence County recently passed an ordinance banning the installation of PV solar arrays on farms," Cvetan wrote in a letter to Shapiro. "This ordinance is unduly restrictive and strips away the right of farmers, and farmers alone, from utilizing their land to produce solar energy. I hereby request an ACRE review of this ordinance by your office.”

Shapiro’s campaign website states his support for alternative energy including solar. As governor, “He’ll promote solar projects and adopt measures to increase access to renewable energy sources,” the website says.

The review of Cvetan’s case is listed as “pending” with Shapiro’s office since early April, according to the AG’s case review website.

State Sen. Carolyn Comitta (D-West Chester), a strong supporter of alternative energy production, has written the AG in support of  Cvetan’s case. Her letter dated June 23 says, “I am writing in  support of solar development in the Commonwealth to assure the local governments aren’t exceeding their authority by enacting unauthorized local ordinances.”

She further states: “It is my hope that in your review you find North Beaver Township’s ordinance concerning  ‘Requirements for Solar Energy Systems’ unauthorized.” Last year, the Pennsylvania Farm Bureau approved supporting solar on farms.

There is strong bipartisan public support in western Pennsylvania for solar projects, according to public polling. In the 6th House District, 78% of voters approve of increasing solar energy’s contribution to overall energy production. This includes a solid majority of both Republican, Democrat and Independent voters.

Shapiro’s slowness to respond to the North Beaver Township solar farm controversy stands in contrast to his endorsement from  environmental groups such as Conservation PA, which endorsed the AG in his bid for governor. The group did so in part due to Shapiro’s public support for alternative energy production. In its endorsement,  Conservation PA said: “Shapiro has also pledged to make Pennsylvania a leader in tackling the climate crisis by dramatically increasing the production of clean and renewable energy.”

In a statement, Chad Forcey, executive director of the PA Conservative Energy Forum said, "Polling shows there is broad based support to expand renewable energy production. Issuing a favorable opinion would allow solar energy to be expanded at no cost to the taxpayer.”                    

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