R Street Testimony in Support of VA HB 711, Solar Energy Preemption
Testimony from:
Robert Melvin, Northeast Region Director, R Street Institute
In SUPPORT of House Bill 711: “Local regulation of solar facilities, special exceptions.”
March 2, 2026
Senate Local Government Committee
Chairwoman Aird and members of the committee,
My name is Robert Melvin, and I am the Northeast region director at the R Street Institute, which is a nonprofit, nonpartisan, public policy organization. Our mission at RSI is to engage in research and outreach to promote free markets and limited, effective government in many areas, including electric utility regulations. This is why we have an interest in House Bill 711.
HB 711 would help bring clarity to when solar is permitted by right, would create uniform statewide rules for local special exceptions for larger solar projects, and would create guardrails that prevent overly restrictive local regulations on typical on-site solar arrays.[1]
Solar power is a rapidly growing energy source in Virginia as well as the country as a whole.[2] At the same time, a growing number of localities have sought to restrict or prohibit solar development, with as many as one-third imposing restrictions or outright prohibitions.[3]
Rapid growth in recent years has inevitably led to regulatory growing pains. This is especially true given the polarized nature of energy policy in America today.[4] But it’s important that we do not lose sight of the big picture: we need more energy, regardless of the source.
The need for additional energy supply will become more pronounced since Virginia imports 36 percent of its electricity, the highest of any state.[5] Energy demands are expected to double over the next decade, so it’s critical that the state take action to allow for additional electricity generation and transmission.[6] Without these changes, Virginia risks stalling economic development by discouraging load growth and undermining efforts to reduce emissions. But beyond energy supply and economic growth, this issue also implicates fundamental property rights.
Fundamentally, this issue is about property rights. Landowners have the right to take advantage of the energy resource on their land regardless of whether that energy comes from the sun or another source. While it is appropriate for localities to enact reasonable regulations to address issues like noise or environmental concerns, they must be careful not to carry these regulations to the point that they interfere with the property rights of the landowner. HB 711 strikes a balance between the legitimate rights of localities and the property rights of landowners, and for that reason we support the legislation.
Thank you,
Robert Melvin
Northeast Region State Government Affairs Director
R Street Institute
rmelvin@rstreet.org
[1] Virginia General Assembly, 2026 Legislative Session, House Bill 711, Last accessed February 26, 2026: https://lis.virginia.gov/bill-details/20261/HB711.
[2] U.S. Energy Information Administration, “Solar power generation drives electricity generation growth over the next two years,” In Brief Analysis, January 16, 2026. https://www.eia.gov/todayinenergy/detail.php?id=67005#.
[3] Mid-Atlantic Renewable Energy Coalition, “Virginia’s Energy Future is on the Table: Solar Siting Reform for More Affordable, Reliable Power,” Last accessed February 26, 2026. https://marec.us/va-siting-reform/.
Philip Rossetti and Josiah Neeley, “State and Local Permitting Restrictions on Solar Energy Development,” R Street Institute, July 10, 2024. https://www.rstreet.org/commentary/state-and-local-permitting-restrictions-on-solar-energy-development/
[4] Alec Tyson and Bryan Kennedy, “Views on energy development in the U.S.,” Pew Research Center, June 27, 2024. https://www.pewresearch.org/science/2024/06/27/views-on-energy-development-in-the-u-s/#:~:text=Asked%20about%20the%20state%20of,only%20on%20renewable%20energy%20sources.
[5] U.S. Energy Information Administration, “Virginia was the top net electricity recipient of any state in 2023,” In Brief Analysis, December 20, 2024. https://www.eia.gov/todayinenergy/detail.php?id=64104#:~:text=In%202023%2C%20utilities%20in%20Virginia,the%20state’s%20total%20electricity%20supply.
[6] Humberto Sanchez, “Data center boom in Virginia will double power demand, report finds,” State Affairs, Pluribus News, December 11, 2024. https://www.eia.gov/todayinenergy/detail.php?id=64104#:~:text=In%202023%2C%20utilities%20in%20Virginia,the%20state’s%20total%20electricity%20supply.