Electric utilities; construction and development of renewable energy facilities; powers of State Air Pollution Control Board; powers of State Corporation Commission. Repeals provisions (i) requiring the State Air Pollution Control Board to adopt regulations to reduce carbon dioxide emissions from any electricity generating unit in the Commonwealth and authorizing the Board to establish an auction program for energy allowances; (ii) prohibiting the State Corporation Commission from approving any new utility-owned generation facilities that emit carbon dioxide as a by-product of energy generation under certain circumstances; (iii) declaring that statutory allowances for energy derived from sunlight, onshore wind, offshore wind, and storage facilities are in the public interest; and (iv) relating to the development of solar and wind generation and energy storage capacity, development of offshore wind capacity, and generation of electricity from renewable and zero-carbon sources. The bill provides that planning and development activities for new nuclear generation facilities are in the public interest.
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.
A BILL to amend the Code of Virginia by adding in Article 2 of a chapter numbered 14.4, consisting of sections numbered 10.1-1465.1 through 10.1-1465.15, relating to establishing the Virginia Recycling Development Center and the Virginia Recycling Infrastructure Fund; supporting statewide recycling infrastructure; incentivizing voluntary stewardship programs; authorizing public-private partnerships; and addressing priority materials including waste tires, mattresses, and bulky waste.
Occoquan Reservoir; low-flow protections for drinking water safe yield. Requires any Virginia Pollutant Discharge Elimination System Permit issued after July 1, 2026, authorizing the diversion of sewage or reclaimed water from a publicly owned treatment works for reuse that would otherwise discharge into the Occoquan Reservoir, the Occoquan River, Bull Run, or any of their tributaries above the Occoquan Reservoir to incorporate certain low-flow protection requirements for drinking water safe yield if the total diversion amount allowed by the permit exceeds 500,000 gallons per day. The bill also prohibits the issuance of any Virginia Water Protection Permit after July 1, 2026, authorizing the withdrawal of water for consumptive uses from the Occoquan Reservoir, the Occoquan River, Bull Run, or any of their tributaries above the Occoquan Reservoir for any purpose other than agricultural or irrigation purposes or for continued operation, expansion, or relocation of existing public water supply withdrawals.
Virginia Conservation Easement Act; definitions; federally recognized tribes. Provides that a federally recognized tribe, as defined in the bill, can be a conservation easement holder and that such a tribe is not bound by the same restrictions on the location of a principal office or the duration of existence that are placed on other types of easement holders. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.
Virginia's Great Outdoors Act established; land preservation distributions and appropriations. Creates a data center land preservation tax on and after January 1, 2027, in an amount equal to $3 per square foot of each data center facility footprint, as defined in the bill, and directs no less than $250 million of revenues from the tax to be distributed for various land protection and preservation purposes, including into the Virginia Tribal Commitment Fund, as created in the bill. The bill also repeals provisions requiring the Governor to include in the budget bill or in his amendments to the general appropriation act a recommended appropriation from the general fund, up to $20 million, for land preservation as follows: (i) 80 percent of the unissued credits to the Virginia Land Conservation Fund, of which at least 50 percent must be used for acquisitions with public access; (ii) 10 percent to the Virginia Battlefield Preservation Fund; and (iii) 10 percent to the Virginia Farmland and Forestland Preservation Fund.
Local prohibition or regulation of gas-powered leaf blowers; civil penalty. Provides that any locality with a population density of at least 2,500 persons per square mile may by ordinance prohibit or regulate the use of gas-powered leaf blowers. The bill provides that any such ordinance shall become enforceable not less than 12 months after the date it is enacted by the local governing body. The bill also provides that the ordinance may include provisions for a civil penalty and that the funds from such civil penalties may be used by the locality to assist with the purchase of nonprohibited leaf blowers by residents and local businesses.
Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond. Removes the requirement for a Virginia Erosion and Stormwater Management Program (VESMP) authority to have a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement in order to enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.
Electric utilities; RPS requirements; Air Pollution Control Board; regulations. Delays for 20 years the timeline by which Appalachian Power and Dominion Energy Virginia are required to produce 100 percent of their electric energy from 100 percent renewable resources. Under the bill, the annual percentage requirements are paused after the 2023 compliance year and do not resume until 2044. The bill provides that Appalachian Power and Dominion Energy Virginia are required to meet the 100 percent requirement by 2070 and 2065, respectively. Additionally, the bill provides that the Air Pollution Control Board is required to adopt regulations for the period of 2051 to 2070 to reduce carbon emissions from electric power generating facilities. Under current law, the Board is required to adopt regulations to reduce emissions for the period of 2031 through 2050.
Extreme Weather Taxpayer Protection Program and Fund established. Establishes the Extreme Weather Taxpayer Protection Program and Fund, administered by the Department of Conservation and Recreation, for the purpose of holding parties responsible for covered greenhouse gas emissions between the covered period of January 1, 1995, and December 31, 2025, for the parties' share of the Commonwealth's costs due to climate change. The bill defines responsible parties as fossil fuel extractors or crude oil refiners causing emissions of one billion metric tons or more of covered greenhouse gases during the covered period. Under the bill, responsible parties are strictly liable for cost recovery payments to the Commonwealth. The bill requires the State Treasurer to conduct an assessment of the costs to the Commonwealth and its residents of the emissions of covered greenhouse gases during the covered period. The bill establishes the Extreme Weather Relief Fund into which the cost recovery payments from responsible entities are deposited and used to pay for extreme weather relief projects, as defined in the bill.
