SB 697 — Solar and energy facilities; local regulation.

SESSION SENATEENGROSSED SUBSTITUTE 24107025D SENATE BILL NO.

697 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Local GovernmentGovernment) on February 8, 2024) (Patron Prior to Substitute––Senator VanValkenburg) ASenate BILLAmendments toin amend[ and] reenact- §February 15.2-2288.79, of2024 theA CodeBstorage offacilities; Virginia, relating to solar and energy Be it enacted by the General Assembly of Virginia:

local regulation.7 of the Code of Virginia, relating to solar and energy Be it enacted by the General Assembly of Virginia:

E § 15.2-2288.7.

N A.

An owner of a residential dwelling unit may install a solar facility on the roof of such dwelling to serve the electricity or thermal needs of that dwelling, provided that such installation is (i) in compliance with any height and setback requirements in the zoning district where such property is located Rnd (ii) in compliance with any provisions pertaining to any local historic, architectural preservation, or corridorincorridor protection district adopted pursuant to § 15.2-2306 where such property is located.

Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility to be located on property zoned residential shall be permitted, provided that such installation is (a) in compliance with any height and setback requirements in the zoning district where such property is located and (b)(S) in compliance with any provisions pertaining to any local historic, architectural preservation, or corridor herein,protection anydistrict otheradopted solarpursuant facility proposed on property zoned residential, including any solar facility that is designed to serve,§ or15.2-2306 serves, the electricity or thermal needs of any property other than the pToperty where such facilitiesproperty areis located,located. shall be subject to any applicable zoning regulations of the locality.

Except as provided herein, any other solar facility proposed on property zoned residential, including any solar faDility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facilities are located, shall be subject to any applicable zoning regulations of the locality.

An owner of real property zoned agricultural may install a solar facility on the roof of Ea residential dwelling on such property, or on the roof of another building or structure on such property, to serve the electricity or thermal needs of that property upon which such facilities are located, provided where such property is located and (ii) in compliance with any provisions pertaining to any localg district historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-230615.S-2306 where such property is located.

Unless a local ordinance provides otherwise, a ground-mounted solar eUergyenergy generation facility to be located on property zoned agricultural and to be operated under § 56-B9456-994 or 56-594.2 shall be permitted, provided that such installation is (a) in compliance with any heightheigEt and setback requirements in the zoning district where such property is located and (b) in complianc1 with any provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.

Except as otherwise provided herein, 36 any other solar facility proposed on property zoned agricultural, including any solar facility that is 37 designed to serve, or serves, the electricity or thermal needs of any property other than the property / 38 where such facilities are located, shall be subject to any applicable zoning regulations of theTlocality.the locality.

An owner of real property zoned commercial, industrial, or institutional may install a soUarsolar facility 40 on the roof of one or more buildings located on such property to serve the electricity or thermal needs of that property upon which such facilities are located, provided that such installation is (i) inneedsin compliance with any height and setback requirements in the zoning district where such property is located and (ii) in compliance with any provisions pertaining to any local historic, architectuEalarchitectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.

Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility suchto installationbe islocated (a)on inproperty compliancezoned withcommercial, anyindustrial, heightor andinstitutional setbackshall requirementsbe inpermitted, theprovided zoningthat districtthat where such property is located and (b) in compliance with any provisions pertaining to any locallocalstrict historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.

Except as otherwise provided herein, any other solar facility proposed on property zoned commercial, industrial, or institutional, including any solar facility that is dSsigneddesigned to serve, or serves, the electricity or thermal needs of any property other than the property wher6where such facD.facilities are located, shall be subject to any applicable zoning regulations of the locality.

AnD. owner of real property zoned mixed-use may install a solar facility on the roof of one or more buildings located on such property to serve the electricity or thermal needs of that property upon which such facilities are located, provided that such installation is (i) in compliance with any height and setback requirements in the zoning district where such property is located and (ii) in compliance with any provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.

UnlessAn aowner localof ordinancereal providesproperty SB697S1zoned 2mixed-use ofmay 2install otherwise, a ground-mounted solar energy generation facility toon bethe locatedroof onof propertyone zonedor mixed-usemore shallbuildings belocated permitted,on providedsuch thatproperty suchto installationserve isthe (a)electricity inor compliancethermal withneeds anyof heightthat andproperty setbackupon requirementswhich insuch thefacilities zoningare districtlocated, whereprovided that such propertyinstallation is located(i) and (b) in compliance with any height and any provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.

Unless a local ordinance provides SB697ES1 2 of 2 otherwise, a ground-mounted solar energy generation facility to be located on property zoned mixed-use shall be permitted, provided that such installation is (a) in compliance with any height and setback requirements in the zoning district where such property is located and (b) in compliance with any provisions pertaining to any local historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.

No local ordinance shall include (i) limits on the total amount, density, or size of any ground-mounted solar facility or energy storage facility [ unless until such time that ] the total area under panels [ within the locality ] exceeds four percent of the total area within the [ county locality ] or (ii) any prohibitions on the use of solar panels that comply with generally accepted national environmental protection and product safety standards such as those set forth in subdivision A 13 of § 15.2-2286, provided that such installation is in compliance with any provision of a local ordinance that establishes criteria and requirements for siting.

Nothing in this subsection shall require a locality to approve an application for solar or energy storage projects or limit a locality's authority to establish criteria and requirements for siting, including those related to tree [ cover canopy ] and stormwater management, that are otherwise in compliance with this subsection and existing local zoning authority.