Environment

Marine Resources Commission; prohibition of commercial electrofishing in the Rappahannock River; report. Directs the Marine Resources Commission to temporarily prohibit commercial electrofishing in the portion of the Rappahannock River north of the Downing Bridge in Tappahannock until January 1, 2027, and to examine the practice of commercial electrofishing in the waters of the Commonwealth and submit a report of its findings and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than January 1, 2027.

Department of Environmental Quality; carbon market participation; coastal and marine resources. Allows the Department of Environmental Quality to participate in any carbon market for the preservation, restoration, and sustainable management of the Commonwealth's coastal and marine resources on state-owned bottomlands and property and enter into agreements necessary to facilitate such participation. The bill requires the Department to hold exclusive title to such credits until such credits are sold. Any revenues resulting from the sale of such credits are required to be distributed as follows: 75 percent to the Oyster Replenishment Fund and 25 percent to the qualifying leaseholder.

Consultation with federally recognized tribes; permits and reviews with potential impacts on environmental, cultural, and historic resources. Adds to the duties of the Ombudsman for Tribal Consultation requirements to (i) facilitate communication between federally recognized tribes and relevant state agencies and local governments to ensure an opportunity for meaningful and timely consultation on environmental, cultural, and historical permits and reviews; (ii) assist the Department of Transportation in developing consultation policies; (iii) make recommendations to the Governor on the basis of communications with federally recognized tribes about (a) circumstances under which tribal consent should be required for issuance of certain permits and (b) additional agencies that should develop policies and procedures to ensure meaningful, timely, and appropriate consultation with federally recognized tribes; (iv) provide training at least once a year to certain state agency personnel on issues of concern to the federally recognized tribes to support effective communication, collaboration, and positive government-to-government relations between the Commonwealth and the federally recognized tribes; and (v) submit an annual report to the Secretary of the Commonwealth on the activities undertaken to implement such provisions and the issues that have arisen in that pursuit. The bill also requires the Department of Conservation and Recreation, Department of Environmental Quality, Department of Historic Resources, Department of Transportation, and Marine Resources Commission to engage in consultation with federally recognized tribes on certain issues. During such consultation, the burden is on the agency to show that it has made a good faith effort to elicit meaningful and timely feedback, including formal communication between agency employees and the federally recognized tribe. When a burial permit will result in the disturbance of a burial site of an individual that has a cultural affiliation with a particular federally recognized tribe, the bill requires the Department of Historic Resources to acquire the consent of such federally recognized tribe before issuing a permit for the archaeological excavation of human remains. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Marine Resources Commission; Habitat Policy Oversight Committee established; powers and duties; report. Establishes the Habitat Policy Oversight Committee within the Marine Resources Commission to advise the Commission and the Habitat Management Division of the Commission on policies within their jurisdiction and to support the Commission's coastal resilience efforts. The bill establishes the powers and duties of the Committee, provides that the Committee shall have nine voting members and two ex-officio members, and directs the Committee to submit an annual oversight report to the full Commission.

Virginia Student Environmental Literacy Plan Grant Fund and Program established. Establishes the Virginia Student Environmental Literacy Plan Grant Fund and Program, to be administered by The Office of Environmental Education, in consultation with the Department of Education and any other stakeholder that it deems appropriate, for the purpose of awarding grants on a competitive basis to any school division that seeks assistance to develop a local student environmental literacy plan.

Virginia Institute of Marine Science; duties; oyster stock assessment; report. Directs the Virginia Institute of Marine Science (VIMS) to conduct, in collaboration with the Virginia Marine Resources Commission (VMRC), a stock assessment of the oyster population in the waters of the Commonwealth beginning in calendar year 2026 and occurring no less frequently than every three years thereafter. The bill directs VIMS to report its findings and any recommendations to the Secretary of Natural and Historic Resources, VMRC's Shellfish Management Division, and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than December 1 of the calendar year in which such assessment has been conducted. The bill also directs VMRC to utilize the findings and recommendations of such assessment in its fisheries and restoration management decisions no later than July 1 of the calendar year following the calendar year in which such assessment has been conducted.

Department of Housing and Community Development; Virginia Disaster Assistance Fund; post-disaster recovery; floodplain mitigation and resilience projects. Requires the Department of Housing and Community Development (the Department) to amend its criteria for awarding money from the Virginia Disaster Assistance Fund (the Fund) to allow for moneys from the Fund to be used for post-disaster recovery projects that are consistent with the state floodplain management standards for state-owned buildings or local floodplain standards, whichever are more stringent. The bill requires the Department to give priority to projects that use nature-based solutions or promote green infrastructure when possible. The bill also requires the Department to coordinate with the Interagency Resilience Management Team when evaluating new applications for awards from the Fund to ensure that such projects are aligned with the Commonwealth's resilience principles.

Chesapeake Bay Pay for Outcomes Fund established. Establishes the Chesapeake Bay Pay for Outcomes Fund to provide outcome-based payments for verified reductions in nutrient and sediment pollution from nonpoint sources within the Chesapeake Bay watershed of the Commonwealth. The Department of Environmental Quality is directed to administer the Fund and to establish a competitive solicitation process for awarding payments from the Fund.

Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. Increases from $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields to $200 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields the grant amount a project developer can receive from the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. This bill is a recommendation of the Commission on Electric Utility Regulation.

Marine Resources Commission; Chesapeake Bay; menhaden reduction fishing in the Chesapeake Bay prohibited. Directs the Marine Resources Commission to prohibit all fishing for the purse seine menhaden reduction sector in the Chesapeake Bay and its tributaries until a determination has been made that research specific to the Chesapeake Bay has demonstrated that the menhaden reduction fishery does not negatively impact other fisheries or menhaden-dependent species. Such determination shall be made by the Secretary of Natural and Historic Resources and certified in writing to the Virginia Code Commission.