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VA SB443
VA SB443Siting of battery energy storage projects; commercial solar photovoltaic generation facilities.
summary
Introduced
01/13/2026
01/13/2026
In Committee
02/13/2026
02/13/2026
Crossed Over
01/28/2026
01/28/2026
Passed
02/18/2026
02/18/2026
Dead
Introduced Session
2026 Regular Regular Session
Bill 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.
AI Summary
This bill establishes that battery energy storage projects, which are systems designed to store electrical energy, can be considered a permitted accessory use to commercial solar photovoltaic generation facilities, meaning they can be built on the same property without needing separate local land use approval. Specifically, if a solar facility already has an approved "special exception" (a type of permit allowing a use that might not normally be allowed in a zoning district), a battery energy storage project can be built on that same property as long as it's within the boundaries of the existing permit and meets all federal, state, and local safety and environmental regulations. The bill prohibits local governments from requiring additional permits for these battery storage projects when they are accessory to an approved solar facility, though they can still enforce safety codes and negotiate separate "siting agreements" (contracts outlining terms and conditions for the project's location) with developers. Projects that have filed an initial request to connect to the power grid before July 1, 2030, and are built according to this bill, will be subject to local rules in effect on July 1, 2026.
Committee Categories
Government Affairs
Sponsors (2)
Last Action
Signed by President (on 02/18/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/SB443 |
| BillText | https://lis.virginia.gov/bill-details/20261/SB443/text/SB443ER |
| Fiscal Note/Analysis - Fiscal Impact statement From CLG (1/26/2026 11:53 am) | https://lis.blob.core.windows.net/files/1096591.PDF |
| BillText | https://lis.virginia.gov/bill-details/20261/SB443/text/SB443 |
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