Environment (Conservation)

Powers of service districts; control of invasive plant species. Allows a service district created within a locality to control the spread of any plant that is identified on the list of invasive plant species established by the Department of Conservation and Recreation. This bill is identical to HB 388.

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.

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.

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.

Condemnation of conservation or open-space easement; compensation. Provides that if a person takes by condemnation any land subject to a conservation easement or open-space easement, such person shall compensate the Commonwealth and the locality in which such land is located for certain tax credits and values enumerated in the bill. The bill specifies that any such compensation paid to the Commonwealth shall be in addition to compensation required by other provisions of law.

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.

Board of Agriculture and Consumer Services; invasive plant species installation; written notification to property owners; civil penalty. Provides that the Board of Agriculture and Consumer Services may assess a civil penalty in an amount of not more than $250 for a first violation, $500 for a second violation, and $1,000 for each subsequent violation to any tradesperson involved with proposing or installing plants who fails to provide written notification to property owners when such plants are on the Department of Conservation and Recreation's list of invasive plant species. Current law provides that any such tradesperson who fails to provide such written notice is guilty of a Class 1 misdemeanor. This bill is identical to SB 383.

Virginia Institute of Marine Science; Atlantic Menhaden Research Fund established; report. Establishes the Atlantic Menhaden Research Fund to be used by the Virginia Institute of Marine Science (VIMS), in collaboration with Virginia Marine Resources Commission (VMRC) and relevant stakeholders, to produce research relating to Atlantic menhaden necessary to inform a scientifically defensible and ecologically meaningful harvest limit for Atlantic menhaden in the Chesapeake Bay and an annual report summarizing such research. VIMS is directed to annually report its progress, findings, recommendations, and a proposal for expenditures and disbursements from the Fund for the following year to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources, the Secretary of Natural and Historic Resources, the Ecological Reference Point Work Group of the Atlantic States Marine Fisheries Commission, and the Menhaden Management Advisory Committee of VMRC no later than October 1 of each year.

Marine Resources Commission; powers and duties; wetlands; work group; report. Requires the Marine Resources Commission to ensure that, in promulgating minimum standards for protection and conservation of wetlands, no net loss of existing wetland acreage and functions is achieved. The bill requires permits for the use and development of wetlands to contain requirements for compensating impacts on wetlands sufficient to achieve no net loss of existing wetland acreage and functions. The bill also directs the Secretary of Natural and Historic Resources to convene a stakeholder work group to address mitigation requirements for tidal nonvegetated wetlands and directs the work group to 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 July 1, 2027.

Owners of sewage treatment works; land application, marketing, or distribution of sewage sludge; perfluoroalkyl and polyfluoroalkyl substances; testing requirements. Directs any owner of a sewage treatment works land applying, marketing, or distributing sewage sludge in the Commonwealth, beginning January 1, 2027, to collect representative samples of the sewage sludge intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill mandates certain outcomes for the land application of such sewage sludge depending on the concentration of PFAS in such sewage sludge. The bill directs the Department of Environmental Quality to modify all Virginia Pollution Abatement permits for the land application of sewage sludge and Virginia Pollutant Discharge Elimination System permits for sewage treatment works that include sewage sludge prepared for land application, marketing, or distribution as soon as practicable. The bill requires the Department to utilize the PFAS Expert Advisory Committee (PEAC) or convene a work group to study and recommend approaches to reduce the occurrence of PFAS in sewage sludge intended for land application within the Commonwealth. The Department is required to report the recommendations of the PEAC or work group to the Governor and the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by November 1, 2027. This bill is identical to SB 386.