All Roll Calls
Yes: 250 • No: 97
Sponsored By: Jeremy S. McPike (Democratic)
Became Law
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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2 provisions identified: 2 benefits, 0 costs, 0 mixed.
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.
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.
Jeremy S. McPike
Democratic • Senate
There are no cosponsors for this bill.
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
House concurred in Governor's recommendation (64-Y 33-N 0-A)
Senate concurred in Governor's recommendation (24-Y 15-N 0-A)
Acts of Assembly Chapter text (CHAP1011)
Reenrolled bill text (SB443ER2)
Reenrolled
Approved by Governor-Chapter 1011 (effective 7/1/2026)
Signed by President
Signed by Speaker
Governor's recommendation adopted
Governor's recommendation received by Senate
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 10, 2026
Bill text as passed Senate and House (SB443ER)
Enrolled
Signed by President
Signed by Speaker
Passed House (68-Y 30-N 0-A)
Read third time
Read second time
Reported from Counties, Cities and Towns (18-Y 3-N)
Referred to Committee on Counties, Cities and Towns
Read first time
Placed on Calendar
Read third time and passed Senate (26-Y 13-N 0-A)
Engrossed by Senate (Voice Vote)
Chaptered
4/22/2026
Reenrolled
4/22/2026
Substitute
4/14/2026
Gov Recommendation
4/12/2026
Enrolled
2/18/2026
Introduced
1/13/2026
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