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.
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.
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 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.
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.
Certain boundary line adjustments; Chesapeake Bay Preservation Act. Requires a locality to provide, by ordinance, that a boundary line adjustment that applies to lots that are located in a Resource Protection Area and that are grandfathered under the Chesapeake Bay Preservation Act does not create a new lot of record. The bill requires such ordinance to include that such boundary line adjustment shall be considered as a lot that predates the Act. The bill clarifies that its provisions do not limit a locality's zoning authority. The bill also directs the State Water Control Board to amend its criteria under the Act to allow an owner of a lot in any locality that predates the Act to submit an application for a boundary line adjustment without creating a new lot of record.
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.
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.
