VirginiaSB4432026 Regular SessionSenate

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

Sponsored By: Jeremy S. McPike (Democratic)

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 HB 891.

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Bill Overview

Analyzed Economic Effects

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

Batteries allowed at approved solar sites

A battery system is a permitted accessory use at an approved solar site if it is on the same parcel and its rated storage is no more than 100% of the solar facility’s nameplate. No new special exception or other local land-use approval is required. Adding the battery does not change payment terms, siting-agreement commitments, or any state or local tax exemptions the solar project already gets. Localities still enforce safety, fire, and environmental codes, and they may negotiate a siting agreement. For batteries with an initial interconnection request filed before July 1, 2030 and built under this law, local rules in effect on July 1, 2026 apply.

Clearer local approvals for solar

After you submit the required notice of intent, you may file local land-use applications right away. If the local board approves a siting agreement, the project is treated as matching the comprehensive plan. Localities may consider the lack of a siting agreement, but it cannot be the only reason to deny an approval. Local governments keep power to enforce ordinances that do not conflict with the siting agreement.

Sponsors & Cosponsors

Sponsor

  • Jeremy S. McPike

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 250 • No: 97

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 24 • No: 15

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 33

House vote 2/16/2026

Passed House

Yes: 68 • No: 30

House vote 2/13/2026

Reported from Counties, Cities and Towns

Yes: 18 • No: 3

Senate vote 1/29/2026

Read third time and passed Senate

Yes: 26 • No: 13

Senate vote 1/28/2026

Engrossed by Senate (Voice Vote)

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

Yes: 11 • No: 3

Actions Timeline

  1. House concurred in Governor's recommendation (64-Y 33-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (24-Y 15-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP1011)

    4/22/2026Governor
  4. Reenrolled bill text (SB443ER2)

    4/22/2026Senate
  5. Reenrolled

    4/22/2026Senate
  6. Approved by Governor-Chapter 1011 (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

    4/12/2026Governor
  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. Bill text as passed Senate and House (SB443ER)

    2/18/2026Senate
  14. Enrolled

    2/18/2026Senate
  15. Signed by President

    2/18/2026Senate
  16. Signed by Speaker

    2/18/2026House
  17. Passed House (68-Y 30-N 0-A)

    2/16/2026House
  18. Read third time

    2/16/2026House
  19. Read second time

    2/15/2026House
  20. Reported from Counties, Cities and Towns (18-Y 3-N)

    2/13/2026House
  21. Referred to Committee on Counties, Cities and Towns

    2/4/2026House
  22. Read first time

    2/4/2026House
  23. Placed on Calendar

    2/4/2026House
  24. Read third time and passed Senate (26-Y 13-N 0-A)

    1/29/2026Senate
  25. Engrossed by Senate (Voice Vote)

    1/28/2026Senate

Bill Text

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