Environment

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.

Tax credit; solar energy equipment. Establishes a nonrefundable income tax credit for taxable years 2026 through 2030 for individuals who incur allowable expenses, as defined in the bill, for the purchase and installation of solar energy equipment, also defined in the bill. An individual who properly claims this credit shall be allowed a credit in the amount of 15 percent of the cost of such equipment and allowable expenses, up to $1,000. The aggregate amount of credits allowable under the provisions of the bill shall not exceed $5 million per taxable year.

Waste to Energy Grant Program established; report. Establishes the Waste to Energy Grant Program to incentivize eligible localities, defined by the bill as counties, cities, and towns located in Planning District 23, to dispose of their waste through use of a qualifying waste to energy plant, as defined by the bill. The bill provides that, for any year in which at least one grant is awarded by the Program, the Department of Environmental Quality must submit a report to the House Committee on Agriculture, Chesapeake and Natural Resources, the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations detailing information on the utilization of the Program and its impact on waste management in grant recipient localities.

Light pollution education and dark sky preservation. Provides that the Department of Environmental Quality (DEQ) shall serve as the lead agency for public education and outreach related to light pollution. The bill requires DEQ, in coordination with the Department of Energy, the Department of Wildlife Resources, and the Department of Conservation and Recreation (DCR), to develop and implement an education and outreach program to (i) inform the public about the impacts of light pollution on public health, safety, wildlife, and the environment; (ii) promote best practices for outdoor lighting, including energy-efficient and properly shielded outdoor lighting fixtures; and (iii) encourage voluntary adoption of lighting practices that reduce light pollution and energy waste. The bill further provides that DCR may designate qualifying areas within the Commonwealth as Dark Sky Preserves, as defined in the bill, and that a Dark Sky Preserve designation shall be voluntary and advisory and shall not create additional land use or lighting restrictions beyond those established by local ordinance. The bill has a delayed effective date of January 1, 2027.

Board of Wildlife Resources; prescribing seasons and bag limits for taking wild birds, animals, and fish. Provides that when an investigation of the Board of Wildlife Resources shows, for any species of wild bird, animal, or fish within the jurisdiction of the Board, that there is an unusual scarcity of such wild bird, animal, or fish or a risk that the population of such wild bird, animal, or fish in any city or county could be eliminated, the Board shall prescribe the seasons and bag limits for such wild bird, animal, or fish in such city or county accordingly to promote the recovery and stabilization of such wild bird, animal, or fish population.

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.

Income tax; energy-efficient homes tax credits. Authorizes a nonrefundable income tax credit, during taxable years 2026 through 2030, in an amount equal to $2,500 for the construction of an energy-efficient home or $1,000 for the purchase of such home. The bill also authorizes a nonrefundable income tax credit, during taxable years 2026 through 2030, in an amount equal to $5,000 for the construction of an extra-efficient home or $2,000 for the purchase of such home. The bill clarifies that either an eligible contractor or an eligible purchaser, but not both, shall be able to claim the credit for any single energy-efficient or extra-efficient home, as applicable, and establishes a maximum credit amount that an eligible purchaser or eligible contractor may claim per taxable year of $250,000.

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.

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.