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HB891

Siting of battery energy storage projects; commercial solar photovoltaic generation facilities, etc.

Status:
In Senate

Latest Action: Feb. 6, 2026
Senate: Referred to Committee on Local Government

Chief Patron:
Irene Shin (D)

Session:
2026 Regular Session

Summary

As Introduced. 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. (Less)
  • Bill History

  • 01/13/2026 - House: Prefiled and ordered printed; Offered 01-14-2026 26103655D
  • 01/13/2026 - House: Referred to Committee on Counties, Cities and Towns
  • 01/28/2026 - House: Assigned HCCT sub: Subcommittee #1
  • 01/29/2026 - House: Placed on Counties, Cities and Towns Agenda
  • 01/30/2026 - House: Reported from Counties, Cities and Towns (17-Y 4-N)
  • 02/03/2026 - House: Read first time
  • 02/04/2026 - House: Read second time and engrossed
  • 02/05/2026 - House: Read third time and passed House (70-Y 28-N 0-A)
  • 02/06/2026 - Senate: Constitutional reading dispensed (on 1st reading)
  • 02/06/2026 - Senate: Referred to Committee on Local Government