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Surry supervisors vote to send governor letter opposing Senate Bill 443 over local control of battery storage
Summary
The Surry County Board of Supervisors voted March 5 to authorize the county administrator to submit a letter asking the governor to veto Senate Bill 443, which staff said would remove local notice and siting authority for battery energy storage systems on land previously approved for utility-scale solar.
The Surry County Board of Supervisors voted to authorize the county administrator to submit a letter to the governor opposing Senate Bill 443, which county staff said would make battery energy storage systems (BESS) a "by-right" accessory use on parcels already approved for utility-scale solar.
Lola Perkins, who briefed the board, said the change would remove the current requirement that localities be notified and would eliminate the option to negotiate host-siting agreements for BESS on already-approved solar acreage. "In the case of Surry, this would encompass several acres, a grand total of 9,251.63 acres that have already been approved for utility-scale solar development," Perkins said, arguing the bill would significantly reduce local authority to regulate siting and conditions for BESS.
Board members expressed concerns about public safety and lost local revenue. Supervisor Drew urged constituents to contact Richmond and the governor's office, saying the county's "last hope is for her to veto it." Vice Chair Hardy called the bill "bad for the business of Surry County" and asked residents to email the governor and their delegates. Doctor Elliott, a board member, added that the measure could force the county to forfeit negotiation leverage on siting agreements and financial terms used to generate local revenue from projects.
Perkins also noted language gaps in the bills: she said the legislation does not define "accessory use" and would not preserve Surry County's existing ordinance limit that BESS power be restricted to on-site use. "Our ordinance restricts that the power that is generated by that BESS facility must be only for use on the property of the principal use," Perkins said. "The state proposed bills do not have that same restriction."
After discussion, Vice Chair Hardy moved and the board seconded the motion authorizing the county administrator to submit the opposition letter to the governor; the motion passed unanimously.
