SB 870

            
2020 SESSION


20107271D

SENATE BILL NO. 870

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on Local Government

on February 3, 2020)

(Patron Prior to Substitute--Senator Marsden)

A BILL to amend the Code of Virginia by adding a section numbered
15.2-2303.5, relating to conditional zoning for solar photovoltaic projects.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section
numbered 15.2-2303.5 as follows:

� 15.2-2303.5. Conditional zoning for solar photovoltaic
projects of more than five megawatts.

A. In addition to the process for granting a special
exception pursuant to � 15.2-2286, a zoning ordinance may include reasonable
regulations and provisions for conditional zoning as defined in � 15.2-2201 for
solar photovoltaic (electric energy) projects of more than five megawatts, as
measured in alternating current (AC) generation capacity.

B. The governing body of such locality may accept a
proffered condition that includes (i) dedication of real property of
substantial value or (ii) substantial cash payments for or construction of
substantial public improvements, the need for which is not generated solely by
the granting of a conditional use permit or a rezoning itself, so long as such
proffered conditions are reasonably related to the project.

C. Once proffered and accepted as part of an amendment to
the zoning ordinance, any condition proffered pursuant to subsection B shall
continue in effect until a subsequent amendment changes the zoning on the
property for which the conditions were proffered. However, such conditions
shall continue if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance.