VirginiaSB3472026 Regular SessionSenateWALLET

Solar facilities; local regulation, permits, special exceptions.

Sponsored By: Schuyler T. VanValkenburg (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 HB 711.

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Bill Overview

Analyzed Economic Effects

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

Decommissioning plans and financial guarantees

As a condition of local approval, owners, lessees, or developers must sign a written agreement to decommission the facility. If they default, the locality may enter the land and remove the equipment. They must post a financial assurance, such as certified funds, cash escrow, a surety bond, a letter of credit, or a parent guarantee. The amount is set by a Virginia-licensed engineer and approved by the locality, and may include removal costs, net salvage value, admin costs, and inflation. Every five years, they must update the engineer’s cost estimate and the financial instrument. They must notify the locality within 30 days after any sale or transfer, and the new owner or leaseholder must provide a new guarantee. Decommissioning must remove equipment and return the land to a useful, preconstruction-like condition unless the landowner agrees otherwise. After removal, the site must meet state stormwater rules.

Easier solar installs, new disposal rules

Homeowners may install rooftop solar to serve their property if they follow local height, setback, and historic rules. Ground-mounted solar is allowed on residential, agricultural (when operated under §56-594 or §56-594.2), commercial, industrial, institutional, and mixed-use properties unless a local ordinance says otherwise. A locality can pass an ordinance to let more property types install solar by right. A locality may also require that anyone who removes panels dispose of them under local rules, in addition to other laws.

Stricter local reviews for large solar

Beginning July 1, 2026, ground-mounted solar projects of 1 MW or more that serve other properties, and energy storage projects, go through a local special exception or a siting agreement unless permitted by right. Local rules must follow state standards: setback ranges, screening and fencing, a 25-foot height cap (with an agrivoltaics exception), wildlife passage, stormwater and land-disturbance controls, visual-impact limits, and labor-law compliance. Localities may add conditions that require land dedications, large cash payments, or public improvements when reasonably related to project impacts. Conditions on a special exception stay in effect until the zoning is changed. Projects filed and accepted before July 1, 2026 stay under the old local rules; projects filed on or after that date follow this state law instead of conflicting local ordinances.

Public database of local solar decisions

Beginning July 1, 2026, the State Corporation Commission keeps a searchable public database of local special-exception decisions for solar projects. It includes reasons for denials, and records stay online for at least five years. The Commission provides each locality a standard form to submit decisions.

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

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 18 • No: 18

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 34

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

Local Government Amendments agreed to

Yes: 0 • No: 0

Senate vote 1/29/2026

Engrossed by Senate (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 1/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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

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