VirginiaHB8912026 Regular SessionHouse

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

Sponsored By: Irene Shin (Democratic)

Signed by Governor

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

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

Easier battery additions at solar sites

Virginia allows battery storage within a parcel already approved for solar use, in any zoning district, without separate local land-use approval. Existing solar approval can be a special exception, special use permit, conditional use permit, or similar approval. Battery storage capacity cannot exceed 100 percent of the solar facility’s rated generating capacity. Projects must meet safety, fire, and environmental rules; localities still enforce codes and can negotiate siting agreements. Existing solar payments, financial commitments, other approval or agreement terms, and tax exemptions stay unchanged; solar terms do not apply to the added battery project. The law does not change state or local tax rules for either project. Battery projects built under this law follow local rules in effect on July 1, 2026, except where this law changes them. That fixed baseline applies when the first grid-connection request was filed with a utility or regional grid operator before July 1, 2030.

Sponsors & Cosponsors

Sponsor

  • Irene Shin

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 257 • No: 93

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 65 • No: 35

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 27 • No: 11 • Other: 1

Senate vote • 3/4/2026

Passed Senate

Yes: 27 • No: 11 • Other: 1

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: 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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