Our opinion: Why did solar decommissioning bill take four years to pass?
Four years ago, a freshman at Warren Area High School may have read an editorial in this space supporting legislation to require decommissioning plans and bonding requirements for commercial solar projects.
That freshman and the legislation we were supporting ended up graduating from their respective institutions at the same time – give or take a couple of months.
We can’t say Senate Bill 349, which requires decommissioning plans for commercial solar projects, was particularly controversial. We supported the bill four years ago when it was originally sponsored by Sen. Gene Yaw, R-Williamsport, as well as a proposal introduced at the same time in the state House of Representatives by Rep. Kathy Rapp, R-Warren, that would extend similar requirements to wind turbine projects as well.
On Monday, Gov. Josh Shapiro signed Yaw’s proposal for solar decommissioning plans and bonding requirements into law. We hope that a similar requirement for wind turbines is coming, too, but that’s a discussion for another day.
Act 44 of 2026, establishes decommissioning and financial requirements for solar generation projects, ensuring landowners won’t bear the burden of dismantling solar facilities once they cease operation. The proposal includes a graduated phase-in process for financial assurances, setting up five-year benchmarks using third-party professional engineers to assess and calculate fair market value of the project and costs to decommission it.
Before Act 44, solar project decommissioning was governed by local ordinances or contracts negotiated by landowners and solar companies. That means decommissioning of solar projects may be handled one way in Warren County and then completely differently in Luzerne County, for example. That’s no way to do business.
We’re not sure whether or not to be encouraged or discouraged, though, the fact it took four years for Act 44 to finally become law. After more than 1,400 days to sleep on it, Senate Bill received overwhelming bipartisan support, passing the state House in a 196-6 vote after passing the Senate 37-0. We’re glad that common sense broke out in the state Legislature. But is it any wonder the state can’t approve a budget on time every year when it can’t get a common-sense bill that lawmakers generally agree is a good idea across the finish line in less than four years?
