On November 26 the Commission on Electric Utility Regulation (CEUR) was presented a draft legislative proposal, that if adopted, would signal the state’s intention to override a decision by any county that denies certain applications for a utility-scale solar or battery storage project more than 20 megawatts (MW) in generation/storage capacity (NOTE: On average, a 20 MW solar facility occupies approximately 200 acres of land).
The specifics for preemption of local decisions include the following:
- Creation of the Virginia Solar Energy and Energy Storage Siting Advisory Board to provide an opinion as to whether a locality should approve any solar or battery storage project more than 20 MW in capacity and within 7 miles to an interconnection point (substation) to the electric grid.
- Beginning October 2025, the advisory board must issue a report and opinion within 90 days of the application to the locality, which must then decide to approve or deny the application within 30 days of receiving the opinion.
- If denied, a locality is required to “… demonstrate in reasonable terms why the application has been denied”.
- Within 21 days of receiving a denial from a locality, a developer may appeal the decision to the State Corporation Commission (SCC). Within 30 days of receiving the appeal, the SCC shall approve the project if it meets the thresholds for generation capacity and proximity to the electric grid.
- Beginning January of 2028, pending an SCC order of certain targets not being met, the advisory board becomes the approval body in place of local governments.
The proposal also includes a requirement that by July 1, 2026, all localities adopt model ordinances for the siting of solar and battery storage projects as defined by a yet to be determined state body.
Lastly, the proposal requires that by July 1 planning district commissions (PDCs) “…create regional energy plans which shall demonstrate a meaningful contribution to state energy goals and forecasted energy growth, consistent with long term zero carbon emissions requirements and clean energy development standards as set forth in the Virginia Clean Economy Act of 2020.” In order to achieve this deadline, there is a proposal for a separate budget amendment of $4 million “… to invest resources into Planning District Commissions for the sole purpose of creating regional energy plans and advising localities on comprehensive energy plans.”
VACo supports state funding and technical assistance for developing local and regional energy plans to address production, transmission, and the deployment of resources to meet statewide greenhouse gas reduction goals. However, we oppose any legislation that would remove local authority over decisions regarding the siting of utility-scale solar, wind, and energy storage. VACo communicated these positions to CEUR’s “Permitting Committee” when it met on November 7.
The CEUR instructed staff to rework the proposal based on input from members and stakeholders and present it when it meets in January prior to the legislative session for consideration of endorsement by the Commission. VACo urges its members to contact their delegates and senators now in opposition to any proposal that limits or removes local decision-making authority for the siting of solar and battery storage facilities.
VACo Contact: Joe Lerch, AICP