Robert Melvin, Northeast Region Director at the R Street Institute, provided testimony in support of Virginia House Bill 711 before the Senate Local Government Committee. The bill addresses local regulation of solar facilities and special exceptions.
Melvin explained that the R Street Institute is a nonprofit, nonpartisan public policy organization focused on promoting free markets and effective government, including in electric utility regulations. He stated that HB 711 aims to clarify when solar projects are permitted by right, establish uniform statewide rules for local special exceptions for larger solar installations, and set limits to prevent overly restrictive local regulations on standard on-site solar arrays.
According to Melvin, “Solar power is a rapidly growing energy source in Virginia as well as the country as a whole.” Data from the U.S. Energy Information Administration shows that solar generation is contributing significantly to electricity growth nationwide (https://www.eia.gov/todayinenergy/detail.php?id=67005#).
Melvin noted that an increasing number of localities have sought to restrict or prohibit solar development, with about one-third imposing some form of restriction or ban. Reports from organizations such as the Mid-Atlantic Renewable Energy Coalition highlight these trends (https://marec.us/va-siting-reform/), while research from the R Street Institute details state and local permitting restrictions (https://www.rstreet.org/commentary/state-and-local-permitting-restrictions-on-solar-energy-development/).
He also pointed out that rapid expansion has led to regulatory challenges, especially given ongoing debates over energy policy in the United States (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). Melvin emphasized the need for more energy supply regardless of source.
Virginia currently imports 36 percent of its electricity—the highest rate among states—according to federal data (https://www.eia.gov/todayinenergy/detail.php?id=64104#:~:text=In%202023%2C%20utilities%20in%20Virginia,the%20state’s%20total%20electricity%20supply). With forecasts suggesting that energy demand will double over the next decade due in part to data center growth (https://www.eia.gov/todayinenergy/detail.php?id=64104#:~:text=In%202023%2C%20utilities%20in%20Virginia,the%20state’s%20total%20electricity%20supply), Melvin argued it is important for Virginia to facilitate new electricity generation and transmission.
“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,” Melvin said. He added that while reasonable local regulations addressing noise or environmental concerns are appropriate, they should not infringe upon landowner rights.
Melvin concluded his testimony by stating, “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.”
