Office of Working Lands Preservation; powers and duties; small renewable energy projects fees. Requires the Office of Working Lands Preservation to serve as a trustee to administer the in-lieu fees in trust for small renewable energy projects. The bill requires such fees to be used to acquire conservation easements and cover any expenses associated with acquiring such easements.
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.
Department of Conservation and Recreation; Virginia Coastal Resilience Master Plan. Directs the Department of Conservation and Recreation, when updating the Virginia Coastal Resilience Master Plan, to identify areas where marshes may migrate in the face of sea level rise.
Study; Department of Conservation and Recreation; state park in Washington County; report. Requests the Department of Conservation and Recreation to study the feasibility of establishing a state park in Washington County at the Mendota Trail and Abrams Falls located within the Holston River watershed.
Clean energy and community flood preparedness; market-based trading program. Directs the Department of Environmental Quality and the State Air Pollution Control Board to establish and maintain a market-based trading program consistent with the Regional Greenhouse Gas Initiative program, as defined in existing law, to reduce carbon dioxide emissions from electricity generating units in the Commonwealth. This bill is identical to HB 397.
Geoengineering prohibited; civil penalties. Prohibits any person from engaging in geoengineering, defined in the bill as the intentional injection, release, or dispersion, by any means, of chemicals, chemical compounds, substances, or apparatus into the atmosphere with the express purpose of affecting temperature, weather, or the intensity of sunlight, in the Commonwealth. The bill provides that any person who violates such prohibition shall be subject to civil penalties authorized by relevant law.
Electric utilities; suspension of certain requirements. Provides that the renewable energy portfolio standard requirements and any associated construction, procurement, or retirement mandates are suspended for the applicable compliance year if the State Corporation Commission determines that compliance has resulted in, or will result in, any of the following: (i) an increase in the average residential customer’s total monthly electric bill of more than five percent in any calendar year that is attributable to compliance with the renewable energy portfolio standard or associated zero-carbon generation or energy storage requirements; (ii) an increase in any rate adjustment clause, rider, or non-bypassable charge associated with compliance with this section that exceeds $50 per month for the average residential customer; (iii) a determination that compliance poses a material risk to electric system reliability or resource adequacy in the Commonwealth; or (iv) a determination that the cost of renewable energy certificates necessary for compliance exceeds the applicable alternative compliance payment or deficiency payment for two consecutive compliance 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.
Virginia Electric Vehicle Grant Fund and Program; public, private, or nonprofit entity under contract with public school division. Amends the Virginia Electric Vehicle Grant Fund and Program to allow moneys from the Fund to be awarded to any public, private, or nonprofit entity currently under contract with, or expected to be under contract with, a public school division to cover certain costs associated with transitioning from diesel school buses and other commercial motor vehicles, heavy equipment, or other machinery to electric school buses or other equipment that reduces air emissions. The bill also removes a provision that prohibits the allocation of funds to the Fund or the Program unless federal funds or nonstate funds are available to cover the entire cost of such allocation.
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.
