HB 2438 Virginia House of Delegates · 2025 Regular Session

Solar facilities; local regulation, special exceptions.

Summary

Local regulation of solar facilities; special exceptions. Provides that a ground-mounted solar energy generation facility to be located on property zoned agricultural, commercial, industrial, or institutional shall be permitted pursuant to various criteria to be included in a local ordinance, such as specifications for setbacks, fencing, solar panel height, visual impacts, and grading, and a decommissioning plan for solar energy equipment and facilities, unless otherwise permitted by right.

Issues: ✓ Energy

Bill status died 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House of Delegates Passage

Jan 2025

Senate Passage

Governor

Introduced Jan 8, 2025 Last action Feb 17, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Delegate Mundon King Substitute · 5 edits

MODERATE

The bill was amended to add a new section (15.2-2241.2) establishing statewide bonding and decommissioning requirements for solar projects, while also updating the language in existing sections to clarify special exception processes and expand the scope of affected regulations to include additional code sections.

Scope change

The bill's scope was expanded to include additional Virginia Code sections (15.2-2241.2) and clarified the applicability of decommissioning requirements across more solar project types.

REQUIREMENT

Added new section 15.2-2241.2 establishing mandatory decommissioning agreements, financial assurance requirements, and periodic cost estimate updates for solar energy facilities.

Updated decommissioning plan requirements to include five-year cost estimate updates that account for technology advancements and inflation.

DEFINITION

Added formal definitions for 'Decommission' and 'Solar energy equipment, facilities, or devices' to clarify what assets and processes are covered by the new requirements.

ENFORCEMENT

Strengthened enforcement provisions by clarifying that localities can enter property without owner consent if decommissioning obligations are not met, and requiring financial guarantees in multiple forms.

TECHNICAL

Added formatting changes including session identifiers, bill numbers, and patron information to reflect the substitute version of the legislation.

Floor votes · House of Delegates Jan 30, 2025

How they voted

48–46

Passed · 6 other

Total votes 100

Jan 30, 2025

D Democratic51

48 Yea 3

94% Yea

R Republican49

46 Nay 3

93% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 17, 2025

Committee

Failed to report (defeated) in Commerce and Labor (7-Y 7-N 1-A)

upper

Jan 31, 2025

Committee

Referred to Committee on Commerce and Labor

upper

Jan 30, 2025

Lower · Passed

Read third time and passed House (48-Y 46-N)

lower

Jan 24, 2025

Lower · Passed

Reported from Counties, Cities and Towns (12-Y 8-N)

lower

Jan 23, 2025

Lower · Passed

Subcommittee recommends reporting (7-Y 1-N)

lower

Jan 22, 2025

Committee

Assigned CCT sub: Subcommittee #2

lower

Jan 21, 2025

Committee

Referred from Labor and Commerce and referred to Counties, Cities and Towns (Voice Vote)

lower

Jan 8, 2025

Committee

Referred to Committee on Labor and Commerce

lower

1 primary · 6 co-sponsors