Environment

Groundwater management areas; bioslurry injections in wells prohibited. Prohibits any person from conducting any bioslurry injection, as defined in the bill, in any well that has been drilled through any portion of a groundwater management area declared by regulation prior to January 1, 2020. This bill is identical to HB 1381.

Department of Environmental Quality; industrial wastewater; publicly owned treatment works; PFAS monitoring. Directs every publicly owned treatment works (POTW) to require certain new or industrial users of such POTW to perform and report to such POTW no later than 30 days after receipt from a laboratory the results as received of quarterly discharge monitoring for perfluoroalkyl and polyfluoroalkyl substances (PFAS) for an initial characterization period of one year, provided, however, that such POTW may discontinue remaining quarterly monitoring by an industrial user with proper monitoring results that are below the method detection level for the first two quarters. If an industrial user detects PFAS in any amount above the detection method limit in its initial year of quarterly monitoring, the bill requires such industrial user to continue to perform and report to the POTW no later than 30 days after receipt from the laboratory the results as received of quarterly discharge monitoring for PFAS. The bill requires a POTW that receives PFAS monitoring results to report such results to the Department of Environmental Quality on a quarterly basis. Finally, the bill directs any POTW to notify an owner or operator of an industrial user subject to the monitoring requirements of the bill of the requirement to submit the initial quarterly monitoring results for PFAS within 30 days of the effective date of the bill. This bill is identical to HB 938.

Owners of sewage treatment works; land application, marketing, or distribution of sewage sludge; perfluoroalkyl and polyfluoroalkyl substances; testing requirements. Directs any owner of a sewage treatment works land applying, marketing, or distributing sewage sludge in the Commonwealth, beginning January 1, 2027, to collect representative samples of the sewage sludge intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill mandates certain outcomes for the land application of such sewage sludge depending on the concentration of PFAS in such sewage sludge. The bill directs the Department of Environmental Quality to modify all Virginia Pollution Abatement permits for the land application of sewage sludge and Virginia Pollutant Discharge Elimination System permits for sewage treatment works that include sewage sludge prepared for land application, marketing, or distribution as soon as practicable. The bill requires the Department to utilize the PFAS Expert Advisory Committee (PEAC) or convene a work group to study and recommend approaches to reduce the occurrence of PFAS in sewage sludge intended for land application within the Commonwealth. The Department is required to report the recommendations of the PEAC or work group to the Governor and the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by November 1, 2027. This bill is identical to HB 1443.

Intentional discharge of untreated sewage onto land or into waters of the Commonwealth; civil penalty. Establishes a maximum civil penalty of $50,000 per violation for any person found to have intentionally discharged untreated sewage onto land or into waters of the Commonwealth.

Department of Wildlife Resources; premature separation and hybridization of mammalian wildlife prohibited; exceptions. Makes it unlawful to prematurely separate any mammalian wildlife offspring born in captivity from the mother prior to the offspring turning four months of age, except that wildlife offspring may be prematurely separated if a medical necessity exists pursuant to a written order from a veterinarian with appropriate species-specific experience and expertise licensed to practice in the Commonwealth. The bill excludes the following from its provisions: (i) agricultural animals; (ii) noncommercial transfers or trades between accredited zoological facilities; (iii) an accredited zoological facility, as defined in the bill, that retains the mammalian wildlife offspring separated by such zoological facility; (iv) the Department of Wildlife Resources, a person operating under a wildlife rehabilitator, scientific collection, or endangered and threatened species permit approved by the Department, or a person operating under a species recovery plan approved by the Department; (v) the U.S. Fish and Wildlife Service; or (vi) any person rendering emergency neonatal aide, including the temporary separation of up to 72 hours until a licensed veterinarian can be engaged for assessment and treatment. The bill also makes it unlawful to intentionally and for commercial purposes propagate mammalian wildlife of different species, also known as hybridization. This bill is identical to HB 112.

Land development; solar canopies in parking areas. Provides that any locality may include in its land development ordinances a provision that requires that an applicant must install a solar canopy over designated surface parking areas. Such provisions shall apply only to nonresidential parking areas with 100 or more new off-street contiguous parking spaces and may require coverage of up to 50 percent of the surface parking area. The bill provides that an ordinance adopted pursuant to this bill shall be subject to various additional requirements and shall allow for deviations, in whole or in part, from the requirements of the ordinance when its strict application would prevent the development of uses and densities otherwise allowed by the locality's zoning or development ordinance or when a property owner shows that the solar canopy, if installed as otherwise required under the ordinance, will generate less than 75 percent of the electricity that would be expected, given the nameplate capacity of the solar modules installed on such canopy, if the canopy were to be installed at another location in the locality without surrounding impediments to insolation such as buildings or shading vegetation. Finally, the bill provides that the applicant or owner may use the electric energy generated from such solar canopy to offset the consumption of the parking lot or adjoining building served under the same account. The bill has a delayed effective date of July 1, 2027. This bill incorporates HB 457 and is identical to SB 26.

Office of Working Lands Preservation; powers and duties; small renewable energy projects fees. Requires the Office of Working Lands Preservation to serve as a trustee to administer the in-lieu fees in trust for small renewable energy projects. The bill requires such fees to be used to acquire conservation easements and cover any expenses associated with acquiring such easements.

Office of Working Lands Preservation; powers and duties; Forest Sustainability Fund. Adds management of the Forest Sustainability Fund to the powers and duties of the Office of Working Lands Preservation within the Department of Forestry. This bill is identical to SB 522.

Air Pollution Control Board regulations; small renewable energy projects; anaerobic digestion technology; report. Provides that for the purposes of a permit by rule for a small renewable energy project under existing law, a small renewable energy project includes an electrical generation facility in a locality in Planning District 8 with a rated capacity not exceeding 100 megawatts that generates electricity from biomass, energy from waste, or municipal solid waste and its dedicated associated interconnection facilities, provided that such facility is capable of processing the majority of its organic waste, including food waste and municipal sludge, with anaerobic digestion technology by January 1, 2030. The bill directs the Department of Environmental Quality, in coordination with relevant stakeholders, to (i) assess all practicable technologies available to waste-to-energy facilities to reduce carbon dioxide and methane emissions, (ii) assess technologies to create biomethane, and (iii) recommend any legislative changes necessary to create market conditions to ensure the viability of such program. The bill also directs the Department to report its findings to the Air Pollution Control Board by December 1, 2026.

Electric utilities; renewable energy portfolio standard program requirements; power purchase agreements. Amends certain renewable energy portfolio standard program requirements for Dominion Energy Virginia, including the annual percentage of program requirements to be met with solar, wind, or anaerobic digestion resources of one megawatt or less located in the Commonwealth. The bill changes from 2025 to 2027 the compliance year beginning in which at least 75 percent of renewable energy certificates used by Dominion Energy Virginia shall come from eligible resources located in the Commonwealth. The bill also removes the requirement for a solar-powered or wind-powered generation facility to have a capacity of no less than 50 kilowatts to qualify for a third party power purchase agreement under a pilot program. The bill directs the State Corporation Commission, by July 1, 2033, to initiate a proceeding to evaluate the future availability of renewable energy certificates from certain resources and permits the Commission to increase or decrease by up to one percentage point the percentage of program requirements to be met by such resources in future compliance years. The bill provides that it is the policy of the Commonwealth to encourage development on previously developed project sites, as defined in existing law, to reduce the land use impacts of solar development. As introduced, this bill was a recommendation of the Commission on Electric Utility Regulation. This bill is identical to SB 175.