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.
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.
Department of Conservation and Recreation; acceptance of property to establish a state park; Loudoun County. Authorizes the Department of Conservation and Recreation to accept 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 in Loudoun County, known as Oak Hill Farm, for the purpose of establishing and operating a state park on such property.
Department of Energy; developing criteria to determine the appropriateness of sites for solar facilities. Requires the Department of Energy (the Department) to develop a set of criteria to be used by reviewers to (i) assess the appropriateness of potential siting areas and (ii) assign a siting appropriateness score from one to 100 for each area and to establish a scoring committee to review applications for proposed solar facilities. Beginning January 1, 2027, the bill requires every completed land use application for a proposed solar facility to be forwarded by the host locality to the Department for evaluation and scoring. The bill provides that the locality shall continue to have final authority for approval or disapproval of a proposed solar facility.
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.
Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. Increases from $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields to $200 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields the grant amount a project developer can receive from the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. This bill is a recommendation of the Commission on Electric Utility Regulation.
