VirginiaHB8912026 Regular SessionHouseWALLET

Siting of battery energy storage projects; commercial solar photovoltaic generation facilities, etc.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Siting of battery energy storage projects; commercial solar photovoltaic generation facilities; permitted accessory use. Deems battery energy storage projects as a permitted accessory use in all zoning districts on any parcel of land that is subject to an approved special exception, as defined in the bill, for a commercial solar photovoltaic generation facility, if such battery energy storage project is located within the boundaries of the parcel covered by the existing special exception and complies with any applicable federal, state, and local safety or fire codes and environmental regulations. The bill prohibits a host locality from requiring a special exception or any other local land use approval on such battery energy storage project. The bill clarifies that nothing in the provisions of the bill shall be construed to (i) limit the authority of a host locality to enforce compliance with applicable codes or ensure the safe operation of the battery energy storage project or (ii) preclude the developer of a battery energy storage project from negotiating a siting agreement with the host locality. The bill also clarifies that any battery energy storage project for which an initial interconnection request has been filed with an electric utility or a regional transmission organization prior to July 1, 2030, and is constructed in accordance with the provisions of the bill shall be subject to the applicable local ordinance and regulation in effect on July 1, 2026. This bill is identical to SB 443.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Early battery projects keep 2026 rules

If you filed your project’s first interconnection request before July 1, 2030 and build under this battery‑accessory law, your project follows the local rules in effect on July 1, 2026. The 2026 local rules apply except as this law modifies them.

Simpler local steps for solar and storage

Applicants may file local land-use approvals when they submit a notice of intent to site a solar or storage project. You still must obtain all other required federal, state, and local permits. An approved siting agreement counts as meeting the locality’s comprehensive plan test. A project cannot be denied only because there is no siting agreement.

Add batteries to approved solar projects

If a parcel has an approved special exception for a solar facility, you can add a battery as a permitted accessory use in all zoning districts. The battery must be inside the same parcel and its rated storage cannot exceed 100% of the solar facility’s nameplate capacity. No new special exception or other local land use approval is required for that battery. Payment terms tied to the solar project do not apply to the battery, and the solar project’s state and local tax exemptions stay the same. The battery must follow all safety, fire, and environmental rules, and the locality can enforce them. Developers and localities may still negotiate a siting agreement.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 257 • No: 93

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 27 • No: 11 • Other: 1

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 65 • No: 35

Senate vote 3/4/2026

Passed Senate

Yes: 27 • No: 11 • Other: 1

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/2/2026

Reported from Local Government

Yes: 11 • No: 4

House vote 2/5/2026

Read third time and passed House

Yes: 70 • No: 28

House vote 1/30/2026

Reported from Counties, Cities and Towns

Yes: 17 • No: 4

Actions Timeline

  1. Senate concurred in Governor's recommendation (27-Y 11-N 1-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (65-Y 35-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1076)

    4/22/2026Governor
  4. Reenrolled

    4/22/2026House
  5. Reenrolled bill text (HB891ER2)

    4/22/2026House
  6. Approved by Governor-Chapter 1076 (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

    4/12/2026Governor
  11. Governor's recommendation received by House

    4/12/2026Governor
  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. Enrolled

    3/11/2026House
  16. Enrolled

    3/11/2026House
  17. Signed by President

    3/11/2026Senate
  18. Passed Senate (27-Y 11-N 1-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 (11-Y 4-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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