SB443Introduced in the Senate
Siting of battery energy storage projects; commercial solar photovoltaic generation facilities, etc.
Introduced by Jeremy McPike, District 29
What does this bill do?
Plain-English breakdown
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Official description
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.
Where it stands
Acts of Assembly Chapter text (CHAP1011)
April 22, 2026
How did lawmakers vote?
House of Delegates votes
3 recorded votes · each counted separately
Senate votes
4 recorded votes · each counted separately
SenateStage: Senate concurred in Governor's recommendation (24-Y 15-N 0-A) · April 22, 2026
24
Yes
15
No
1
Absent or Not Voting
40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.
See how each senator voted
| Senator | District | Vote |
|---|---|---|
| Elizabeth Bennett-Parker | 5 | Yes |
| Michael Jones | 77 | Yes |
| Timmy French | 1 | No |
| Mark Obenshain | 2 | No |
| Chris Head | 3 | Absent |
| David Suetterlein | 4 | No |
| Travis Hackworth | 5 | Yes |
| Todd Pillion | 6 | No |
| William Stanley | 7 | No |
| Mark Peake | 8 | No |
Bill history
Prefiled and ordered printed; Offered 01-14-2026 26103172D
Referred to Committee on Local Government
Introduced bill reprinted 26103172D
Introduced bill reprinted 26103172D
Reported from Local Government (11-Y 3-N)
Fiscal Impact statement From CLG (1/26/2026 11:53 am)
Read first time
Constitutional reading dispensed Block Vote (on 1st reading) (39-Y 0-N 0-A)
Rules suspended
Passed by for the day Block Vote (Voice Vote)
Passed by for the day
Read second time
Engrossed by Senate (Voice Vote)
Read third time and passed Senate (26-Y 13-N 0-A)
Placed on Calendar
Read first time
Referred to Committee on Counties, Cities and Towns
Reported from Counties, Cities and Towns (18-Y 3-N)
Read second time
Read third time
Passed House (68-Y 30-N 0-A)
Enrolled
Bill text as passed Senate and House (SB443ER)
Signed by Speaker
Signed by President
Enrolled Bill communicated to Governor on March 10, 2026
Governor's Action Deadline 11:59 p.m., April 13, 2026
Governor's recommendation received by Senate
Senate concurred in Governor's recommendation (24-Y 15-N 0-A)
House concurred in Governor's recommendation (64-Y 33-N 0-A)
Governor's recommendation adopted
Reenrolled
Reenrolled bill text (SB443ER2)
Signed by Speaker
Signed by President
Approved by Governor-Chapter 1011 (effective 7/1/2026)
Acts of Assembly Chapter text (CHAP1011)
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