Environment

An Act to amend and reenact § 10.1-1197.5, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to small renewable energy projects; agrivoltaics definition.

Board of Agriculture and Consumer Services; noxious weeds; commercial viability; report. Amends the definition of noxious weed to remove the exclusion for living plants or parts thereof that are commercially viable or commercially propagated in Virginia and removes the requirement that the Noxious Weeds Advisory Committee include in its recommendations to the Board of Agriculture and Consumer Services an analysis of the current and potential in-state commercial viability of a plant species. The bill requires a plant that is designated by the Board as a noxious weed and commercially propagated in Virginia to be subject to a phase-out period of two years for grasses, forbs, and vines; four years for shrubs; and seven years for trees. The bill directs the Commissioner of Agriculture and Consumer Services to conduct a review of the legislative and regulatory authority of the Board pertaining to the control of noxious weeds and report his 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 by November 1, 2026.

Highway rights-of-way; invasive species. Prohibits the Commonwealth Transportation Board (the Board) and Commissioner of Highways from planting or causing or suffering to be planted any invasive plant on the list of invasive plants created by the Department of Conservation and Recreation on the right-of-way of any state highway. Current law prohibits the planting of three listed plants if the governing body of the locality declares such weeds or plants to be injurious and requires the Board to remove such plants. The bill removes such requirement for the Board to remove such plants and requires the Department of Transportation to conduct a review of the processes and resources that are necessary and appropriate to (i) determine the prevalence of invasive plants on the list of invasive plant species created by the Department of Conservation and Recreation and develop options for establishing and implementing a plan to remove or control such plants and manage such plants on an ongoing basis.

Department of Conservation and Recreation; acquisition of property to establish a state park; Loudoun County. Allows the Department of Conservation and Recreation to acquire from the Conservation Fund approximately 1,240 acres of real property and any buildings or structures thereon between Little River Turnpike, James Monroe Highway, and Tail Race Road, known as Oak Hill Farm, in Loudoun County for the purpose of establishing and operating a state park on such property. This bill incorporates HB 239.