Environment

Retail sales and use tax; exemption for data centers. Requires a data center operator, in order to be eligible for the existing data center sales and use tax exemption, to (i) beginning July 1, 2027, not use co-located generating facilities that emit carbon dioxide, other than backup generators; (ii) beginning July 1, 2029, contract for a certain percentage of energy, capacity, and renewable energy certificates from clean energy resources, as evidenced by a certification from the State Corporation Commission, or contracts and service agreements; (iii) utilize only non-carbon dioxide-emitting backup power sources, such as energy storage resources, beginning on a date dependent on the data center's initial service date; and (iv) demonstrate, for any new data center issued a final certificate of occupancy or its equivalent on or after January 1, 2030, or for any data center operator seeking an amended memorandum of understanding, sufficient investment in environmental management and energy efficiency measures to provide system-wide benefits, as defined in the bill. Finally, the bill has a delayed effective date of July 1, 2027.

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.

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.

Residential Well Water Testing and Treatment Program and Fund. Directs the State Board of Health to adopt regulations to utilize point-of-use or point-of-entry drinking water treatment or filtration systems to remove or significantly reduce concentrations of perfluorooctanoic acid, perfluorooctane sulfonate, and other established and emerging contaminants of concern that meet or exceed maximum contaminant levels or health advisory levels for the same contaminant adopted by the U.S. Environmental Protection Agency (EPA) or, in the in the absence of an EPA health advisory for such contaminant, a contaminant level determined by the Department of Health's Office of Drinking Water. The bill also establishes the Residential Well Water Testing and Treatment Program and Program Fund to allow the Department to test and treat contaminated drinking water through grants for the use of eligible treatment or filtration systems in private residential wells. This bill is a recommendation of the State Water Commission.