ACTION ITEM: Call Now to Oppose Bill to Make Utility-Scale Batteries a By-Right Use

Bill bypasses local decision-making authority to make battery energy storage a permitted use on all approved utility-scale solar land.

SB 443 (McPike) makes utility-scale Battery Energy Storage Systems (BESS) a by-right use on any parcel that has previously been approved for utility-scale solar and that is subject to an approved special use permit. SB 443 was approved by the Senate Local Government Committee by a vote of 11 yes – 3 no and will be considered on the Senate Floor this week.

ACTION REQUIRED

Additionally, the legislation exempts such installations from the requirement that applicants give the locality written notice of their intent to locate in such locality and request a meeting to negotiate a host siting agreement pursuant to Virginia law on the Siting of Solar Projects and Energy Storage Projects.

KEY POINTS

  • This legislation would permit the installation of battery storage infrastructure on any land associated with hundreds of locally approved utility-scale solar sites across the Commonwealth without the consent of the counties and constituents they represent.
  • The legislation would remove such installations from the requirements of the host site agreement law which have proven very successful for both solar and BESS projects to be negotiated for approval by localities.

KEY CONTACTS

VACo Contact: Joe Lerch, AICP

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