VirginiaHB7112026 Regular SessionHouseWALLET

Solar facilities; local regulation, permits, special exceptions.

Sponsored By: Charniele L. Herring (Democratic)

Became Law

Summary

Local regulation of solar facilities; special exceptions. Provides that a ground-mounted solar energy generation facility to be located on property zoned agricultural, commercial, industrial, or institutional shall be considered pursuant to various criteria to be included in a local ordinance, such as specifications for setbacks, fencing, solar panel height, visual impacts, grading, and a decommissioning plan for solar energy equipment and facilities, unless otherwise permitted by right. The bill requires localities to furnish the State Corporation Commission with a record of special exception decisions reached pursuant to these provisions that includes (i) the reason for any adverse decision, (ii) any finding of nonconformity with the local comprehensive plan, and (iii) the date of the last revision to the comprehensive plan. The bill further requires the State Corporation Commission to compile and maintain on the Commission's public website a searchable database of all solar special exception decisions and the reasons for any adverse decisions made over a period of not less than five years. Finally, the bill states that its provisions shall apply to any ground-mounted solar facility with a generating capacity of one megawatt or more for which an application for local approval is filed on or after July 1, 2026, and any such project shall not be governed by any local ordinances inconsistent with the bill; however, any application for a solar energy facility that has been received and accepted by the relevant authority prior to July 1, 2026, shall be subject to any applicable local ordinances in place at the time the initial application was filed. As introduced, this bill was a recommendation of the Commission on Electric Utility Regulation. This bill is identical to SB 347.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 2 costs, 4 mixed.

Special exceptions for 1 megawatt solar projects

Beginning July 1, 2026, ground‑mounted solar projects of 1 megawatt or more and energy storage projects must use a special‑exception process unless the locality allows them by right or uses a siting agreement. Special exceptions must follow the law’s criteria and can change only by a written agreement of the locality, the property owner or agent, and the applicant. Local boards may add project‑related conditions, including land dedications or large cash payments for public improvements; these conditions last until a later zoning change and can continue with a comprehensive zoning update. These rules apply to applications filed on or after July 1, 2026; earlier accepted applications follow the prior local rules.

Stronger stormwater and planting rules for solar

If your project is approved by special exception, you must follow Department of Environmental Quality stormwater rules, including 9VAC25‑880. Use a stormwater pollution prevention plan and limit new hard surfaces. Keep topsoil on site and return stockpiled soil when feasible; decompact and permanently stabilize soil with vegetation after work. Local rules may require up to 75% plant cover, favor native or naturalized species, ban listed invasives, include varied bloom times, and limit mowing to protect establishment and wildlife. These standards start July 1, 2026.

Decommissioning plans and security for solar

You must sign a decommissioning agreement to get project or site‑plan approval. It allows the locality to enter and remove equipment if you default. You must post security (cash, escrow, bond, letter of credit, or parent guarantee) based on an engineer’s cost estimate the locality approves. The estimate cannot be higher than the projected removal cost; it may count net salvage and admin costs and must include inflation. Hire a Virginia‑licensed engineer to update the cost and security every five years. Tell the locality within 30 days of any sale or lease transfer; the new owner must provide a new guarantee.

More by-right solar and panel disposal

You may install rooftop solar to serve the same property in residential, agricultural, commercial, industrial, institutional, and mixed‑use zones if you meet height, setback, and local historic or corridor rules. Ground‑mounted solar is also allowed in those zones under the same limits unless a local law says otherwise. A locality may expand by‑right installation into any zoning class. A locality may also require that removed solar panels be disposed of under local rules, in addition to state and federal law.

Labor and apprenticeship rules for solar builders

Beginning July 1, 2026, solar facilities must follow all state and federal labor and employment laws. This includes meeting apprenticeship and labor standards needed to qualify for federal bonus tax credits under 26 U.S.C. 45Y and 48E.

New setback, height, and fencing rules for solar

Beginning July 1, 2026, projects must meet setback ranges: 150–200 feet from occupied community buildings or homes on nonparticipating properties; 50–100 feet from the roadbed; 50 feet from wetlands and perennial streams for projects up to 25 MW, and 100 feet for larger projects (100–125 feet within Chesapeake Bay Preservation Areas); and 50–75 feet from shared lines with nonparticipants. Nonparticipating owners may waive setbacks by written agreement; no setbacks are needed on internal lines between participating parcels. Arrays may not exceed 25 feet at full tilt unless extra height is needed for agrivoltaics. Fencing must meet state safety and building codes and be kept near arrays and interconnection equipment when possible to allow wildlife access to riparian areas and streams. Vegetative screening cannot be required to be taller than three feet at planting, must be 25–50 feet wide, and localities must consider existing visual barriers.

Public tracking of local solar decisions

Starting July 1, 2026, localities must send the State Corporation Commission a record within 60 days of each special‑exception decision. The record must include reasons for any denial, any finding that the project conflicts with the comprehensive plan, and the plan’s last revision date. The Commission keeps a public, searchable database of decisions and reasons for at least five years and provides a standard submission form by July 1, 2026.

Sponsors & Cosponsors

Sponsor

  • Charniele L. Herring

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 240 • No: 116

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 20 • No: 18

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 35

Senate vote 3/4/2026

Passed Senate

Yes: 22 • No: 18

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Reported from Local Government

Yes: 9 • No: 6

House vote 2/5/2026

Read third time and passed House

Yes: 63 • No: 33

House vote 1/30/2026

Reported from Counties, Cities and Towns with substitute

Yes: 15 • No: 5

House vote 1/29/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 1

Actions Timeline

  1. Senate concurred in Governor's recommendation (20-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (64-Y 35-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1068)

    4/22/2026Governor
  4. Reenrolled bill text (HB711ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1068 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Fiscal Impact Statement from State Corporation Commission (HB711)

    4/6/2026House
  12. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  13. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  14. Signed by Speaker

    3/12/2026House
  15. Bill text as passed House and Senate (HB711ER)

    3/11/2026House
  16. Enrolled

    3/11/2026House
  17. Signed by President

    3/11/2026Senate
  18. Passed Senate (22-Y 18-N 0-A)

    3/4/2026Senate
  19. Read third time

    3/4/2026Senate
  20. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  21. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  22. Rules suspended

    3/3/2026Senate
  23. Reported from Local Government (9-Y 6-N)

    3/2/2026Senate
  24. Referred to Committee on Local Government

    2/6/2026Senate
  25. Constitutional reading dispensed (on 1st reading)

    2/6/2026Senate

Bill Text

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