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.
HB 388 allows service districts within local communities (like water or parks authorities) to manage invasive plant growth on their properties. The bill specifically grants these districts the authority to control invasive plants, without specifying methods or requiring new funding. It directly affects service districts operating in cities or towns, expanding their existing powers to address plant invasions. The bill passed the House unanimously (90-8) and is now pending review by the Local Government Committee.
Resilient Virginia Revolving Fund; projects; low-income geographic areas and nature-based solutions. Provides that the Department of Conservation and Recreation shall give additional weight to projects located in low-income geographic areas and projects that incorporate nature-based solutions when distributing loans or grants from the Resilient Virginia Revolving Fund to particular local governments. The bill allows the Virginia Resources Authority to contract with any person to serve as a program administrator to be approved by the Department to assist in the distribution of loans and grants to local governments. As introduced, this bill was a recommendation of the Joint Subcommittee on Recurrent Flooding.
Electric utilities; renewable energy portfolio standard; zero-carbon electricity; accelerated clean energy buyers. Revises the conditions under which accelerated clean energy buyers, defined in existing law as accelerated renewable energy buyers, may contract with Appalachian Power or Dominion Energy Virginia to obtain renewable energy certificates (RECs). The bill exempts an accelerated clean energy buyer obtaining capacity, energy, or RECs from qualifying resources or facilities from the assignment of non-bypassable costs associated with compliance with the renewable portfolio standard program based on the amount and type of renewable energy certificates obtained in proportion to such accelerated clean energy buyer's total electric energy consumption. This bill is identical to SB 598.
Chesapeake Bay Pay for Outcomes Fund established; report. 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 (i) administer the Fund; (ii) establish a competitive solicitation process for awarding payments from the Fund; and (iii) submit an annual report detailing the projects approved for funding, obligations from the Fund, and outcomes to the Chairs of the Senate Committees on Agriculture, Conservation and Natural Resources and Finance and Appropriations and the House Committees on Agriculture, Chesapeake and Natural Resources and Appropriations by October 1 each year.
State Corporation Commission; data center generators. Directs the State Corporation Commission to evaluate the impact of requiring data centers to limit the use of Tier 2 generators and prioritize the use of Tier 4 equivalent or better generators. The bill requires the Commission to submit a report on any findings to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than October 15, 2026.
Department of Conservation and Recreation; permanent land conservation feasibility; report. Directs the Department of Conservation and Recreation to assess how best to achieve permanent conservation by 2036 of (i) 20 percent of the land area of the Commonwealth and (ii) 10 percent of urban areas of the Commonwealth. The bill directs the Department to submit a report on its findings and any recommendations to achieve such permanent conservation goals to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than November 1, 2026.
Department of Environmental Quality; standby generators study; report. Directs the Department of Environmental Quality to conduct a one-year study of all standby generators used by a commercial facility with an air permit in the Commonwealth. The bill requires the study to (i) identify commercial facilities with an air permit that use standby generators, (ii) identify the type of pollutants emitted from such standby generators, and (iii) analyze and describe the amount of pollutants from such standby generators. The Department is required to report 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 by July 1, 2027.
Virginia Fungi Task Force established; report. Requires the Director of the Department of Conservation and Recreation to establish the Virginia Fungi Task Force to assess, categorize, and protect the Commonwealth's natural fungi species and explore the economic potential of fungi. The bill directs the Task Force to develop recommendations to (i) conduct a gap analysis and needs assessment on the Commonwealth's natural fungi species; (ii) identify economic development opportunities for fungi; (iii) build a Virginia database of native and invasive fungi species; (iv) conduct statewide fungal monitoring and research; (v) support forest health, agriculture, and water quality in the Commonwealth; (vi) provide guidance on toxic mushrooms and public safety; and (vii) build public education and identification resources on fungi in the Commonwealth. The bill requires the Task Force to report its initial findings and recommendations to the Secretary of Natural and Historic Resources and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and Senate Committee on Agriculture, Conservation and Natural Resources by December 1, 2027, and update such report at least every five years.
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.
