Environment

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.

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.

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.

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.

Minimum energy and water conservation standards; heating, ventilation, and air conditioning facilities and home appliances; Department of Energy; prohibited practices; penalty. Provides that if any product or product categories under the federal Energy Policy and Conservation Act of 1975 (the EPCA) are removed by the U.S. Secretary of Energy or the federal government, the Department of Energy shall adopt energy or water conservation standards that shall be equivalent to the last applicable federal standards with a product compliance date of on or before December 31, 2025. The bill prohibits any such new products from being sold, offered for sale, leased, or rented in the Commonwealth unless such products meet or exceed such standards. The bill excludes any energy or water conservation standards set aside by a court or any product if federal law preempts the application of the minimum energy and water conservation standards to such a product, including any product or product categories where there is a requirement to develop a standard under the EPCA.

Study; Department of Environmental Quality; groundwater supply in western Loudoun and Fauquier Counties; report. Directs the Department of Environmental Quality to study the threats and challenges to the groundwater supply in western Loudoun and Fauquier Counties, to complete its meetings by November 30, 2026, and 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 no later than December 31, 2026.

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.

Air Pollution Control Board regulations; small renewable energy projects; anaerobic digestion technology; report. Provides that for the purposes of a permit by rule for a small renewable energy project under existing law, a small renewable energy project includes an electrical generation facility in a locality in Planning District 8 with a rated capacity not exceeding 100 megawatts that generates electricity from biomass, energy from waste, or municipal solid waste and its dedicated associated interconnection facilities, provided that such facility is capable of processing the majority of its organic waste, including food waste and municipal sludge, with anaerobic digestion technology by January 1, 2030. The bill directs the Department of Environmental Quality, in coordination with relevant stakeholders, to (i) assess all practicable technologies available to waste-to-energy facilities to reduce carbon dioxide and methane emissions, (ii) assess technologies to create biomethane, and (iii) recommend any legislative changes necessary to create market conditions to ensure the viability of such program. The bill also directs the Department to report its findings to the Air Pollution Control Board by December 1, 2026.

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.

Electric utilities; request for proposals required for certain facilities. Requires Appalachian Power and Dominion Energy Virginia, at least 15 months prior to seeking approval to construct or purchase a generating facility that emits carbon dioxide, to conduct a thorough evaluation of non-carbon-emitting electric generation options through an independent administrator selected by the State Corporation Commission and retained by such utility. The bill directs the Commission to review the framework and schedule of the request for proposals designed by the independent administrator and accept feedback from relevant stakeholders. The bill provides that if the results of the request for proposals indicate that a cost-effective set of proposed resources can meet the identified energy and capacity needs, such utility shall petition the Commission for approval of such resources.