VirginiaSB3472026 Regular SessionSenateWALLET

Solar facilities; local regulation, permits, special exceptions.

Sponsored By: Schuyler T. VanValkenburg (Democratic)

Signed by Governor

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 HB 711.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

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

Residents can search solar approval decisions

The State Corporation Commission must maintain a searchable public website of local solar special-exception decisions covering at least five years. Records include reasons for adverse decisions and findings about whether projects fit local comprehensive plans. Localities must submit decision records within 60 days. The Commission must give localities a standard reporting form by July 1, 2026.

More land qualifies for solar installations

Beginning July 1, 2026, localities must allow ground-mounted solar by right on commercial, industrial, institutional, and mixed-use land. By right means no special exception is needed. Agricultural land also qualifies when the facility operates under Virginia Code § 56-594 or § 56-594.2. Facilities still must meet height and setback rules and local historic, architectural preservation, or corridor protections.

Localities can approve and regulate storage

Beginning July 1, 2026, localities can approve energy storage projects through special exceptions and adopt reasonable rules for them. Covered equipment must absorb energy, store it for a time, and later deliver it again. This gives projects an approval path while allowing local limits. The solar approval process and standards do not require localities to approve storage projects.

Solar developers face statewide siting rules

Beginning July 1, 2026, statewide rules govern qualifying ground-mounted solar projects of at least 1 megawatt serving other property. Unless allowed by right, these projects need a special exception or siting agreement; localities do not have to approve them. The law overrides conflicting local ordinances for approval applications filed on or after that date. Applications received and accepted earlier stay under the local rules in place when first filed. Localities choose setbacks within these ranges: 150–200 feet from occupied community buildings and homes on nonparticipating properties; 50–100 feet from roads; and 50–75 feet from nonparticipating property lines. Wetland and perennial-stream setbacks are 50 feet for projects up to 25 megawatts and 100 feet for larger projects. Chesapeake Bay Preservation Area setbacks are 100–125 feet. Nonparticipating owners can waive specified setbacks in writing; internal boundaries between participating parcels have no setback. Less strict siting agreements are allowed, but departures from ordinance criteria require written agreement by the locality, landowner or agent, and applicant. Panels generally cannot exceed 25 feet; qualifying projects combining farming and solar have an exception. Screening strips are 25–50 feet wide, can use existing barriers, and must provide adequate coverage by year five. New screening plants cannot exceed three feet at planting; localities can require up to 75% erosion-resistant vegetative groundcover. Fences must meet safety codes, allow wildlife passage where feasible, and stay close to arrays and connection equipment where practical. Projects must meet stormwater permit and pollution-prevention rules, preserve and return topsoil, and follow soil loosening and revegetation schedules. Areas outside qualifying grazing or agricultural uses require crops or native/pollinator plantings, except directly under panels, with diverse seeds and mowing and invasive-species controls. Standards also cover lighting, visual impacts, cleanup, and applicable labor laws; developers seeking federal tax-credit bonuses must meet linked labor and apprenticeship requirements. Localities can require reasonably related land dedications, cash payments, or public improvements as approval conditions.

Solar owners must guarantee site cleanup

Beginning July 1, 2026, localities must require written cleanup agreements and financial guarantees during covered solar facilities' legislative or site-plan approval. Coverage depends on the locality finding that the property is subject to Virginia Code § 15.2-2232. Agreements require equipment removal and restoration to a useful condition similar to before construction, unless the landowner agrees otherwise. An approved professional engineer estimates the guarantee amount, accounting for allowed salvage value, reasonable administrative costs, and annual inflation. Guarantees can use cash, certified funds, bonds, letters of credit, cash escrow, or parent-company guarantees. Owners, lessees, or operators must hire a Virginia-licensed professional engineer to update cost estimates and financial guarantees every five years. Cleanup plans also must be updated at least every five years and given to the locality when ownership changes. Sale or transfer notice is due within 30 days, and the new owner or leaseholder must provide a new guarantee. If cleanup deadlines are missed through default, the locality can enter the property and remove the facility.

Sponsors & Cosponsors

Sponsor

  • Schuyler T. VanValkenburg

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 249 • No: 133

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 34

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 18 • No: 18

Senate vote • 2/19/2026

House substitute agreed to by Senate

Yes: 21 • No: 18

House vote • 2/16/2026

Passed House with substitute

Yes: 63 • No: 35

House vote • 2/13/2026

Reported from Counties, Cities and Towns with substitute

Yes: 15 • No: 6

Senate vote • 1/30/2026

Read third time and passed Senate

Yes: 21 • No: 17

Senate vote • 1/29/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/29/2026

Local Government Amendments agreed to

Yes: 0 • No: 0

Senate vote • 1/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/27/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 1/26/2026

Reported from Local Government with amendments

Yes: 8 • No: 5 • Other: 1

Actions Timeline

  1. House concurred in Governor's recommendation (64-Y 34-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (18-Y 18-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP1005)

    4/22/2026Governor
  4. Reenrolled bill text (SB347ER2)

    4/22/2026Senate
  5. Reenrolled

    4/22/2026Senate
  6. Approved by Governor-Chapter 1005 (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 Senate

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

    3/10/2026Governor
  12. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  13. Fiscal Impact Statement from State Corporation Commission (SB347)

    3/2/2026Senate
  14. Bill text as passed Senate and House (SB347ER)

    2/23/2026Senate
  15. Enrolled

    2/23/2026Senate
  16. Signed by President

    2/23/2026Senate
  17. Signed by Speaker

    2/23/2026House
  18. House substitute agreed to by Senate

    2/19/2026Senate
  19. Passed by for the day

    2/18/2026Senate
  20. Passed House with substitute (63-Y 35-N 0-A)

    2/16/2026House
  21. Engrossed by House - committee substitute

    2/16/2026House
  22. committee substitute agreed to

    2/16/2026House
  23. Read third time

    2/16/2026House
  24. Read second time

    2/15/2026House
  25. Committee substitute printed 26107959D-H1

    2/13/2026House

Bill Text

Related Bills

Back to State Legislation