Environment

Electric utilities; surplus interconnection service sites. Directs Appalachian Power and Dominion Energy Virginia to undertake a comprehensive assessment of available interconnection capacity at each such utility's existing and planned intermittent electric generation facilities located in the Commonwealth. The bill directs such utilities to establish pilot programs for energy storage resources and solar generation facilities that utilize surplus interconnection service, as defined in the bill, including a request for proposals. The bill requires such utilities to submit the results of such requests for proposals as part of their 2027 plans and petitions for approval for the development of new solar and onshore wind generation capacity, which plans are required under existing law. This bill is identical to HB 1065.

Permit requirements for data centers; emission limits for certain engine-generator sets. Prohibits the Department of Environmental Quality from issuing an air permit for any application submitted for a data center on or after July 1, 2026, unless the emission limit for each engine-generator, defined in the bill, established by such permit is equal to or less than the emissions achieved by a Tier 4 equivalent engine-generator.

Board of Education; instructional materials on climate change and environmental literacy; model policies and procedures for selection. Requires the Board of Education to make available to each local school board instructional materials on climate change and environmental literacy that are based on and include peer-reviewed scientific sources. The bill requires the Board of Education to develop, adopt, and make available to each local school board model policies and procedures, based on peer-reviewed scientific sources, pertaining to the selection of instructional materials on climate change and environmental literacy, including a requirement for any such selected material to accurately portray changes in weather and climate patterns over time, the impacts of human activity on changes in weather and climate patterns, and the effects of climate change on people and resources.

Department of Environmental Quality; industrial wastewater; publicly owned treatment works; PFAS monitoring. Directs every publicly owned treatment works (POTW) to require certain new or industrial users of such POTW to perform and report to such POTW no later than 30 days after receipt from a laboratory the results as received of quarterly discharge monitoring for perfluoroalkyl and polyfluoroalkyl substances (PFAS) for an initial characterization period of one year, provided, however, that such POTW may discontinue remaining quarterly monitoring by an industrial user with proper monitoring results that are below the method detection level for the first two quarters. If an industrial user detects PFAS in any amount above the detection method limit in its initial year of quarterly monitoring, the bill requires such industrial user to continue to perform and report to the POTW no later than 30 days after receipt from the laboratory the results as received of quarterly discharge monitoring for PFAS. The bill requires a POTW that receives PFAS monitoring results to report such results to the Department of Environmental Quality on a quarterly basis. Finally, the bill directs any POTW to notify an owner or operator of an industrial user subject to the monitoring requirements of the bill of the requirement to submit the initial quarterly monitoring results for PFAS within 30 days of the effective date of the bill. This bill is identical to SB 138.

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.

Protection of native migratory fish; work group report. Directs the Secretary of Natural and Historic Resources to convene a work group of relevant stakeholders to address the decline in Virginia's native migratory fish in the James River and Chesapeake Bay. The bill requires the work group to (i) evaluate the cumulative ecological impacts of surface water withdrawals excluded from the Virginia Water Protection Permit requirements on aquatic organisms and freshwater systems; (ii) review and identify how state agencies address particular needs of fish that are listed as threatened or endangered under the federal endangered species list or the Virginia Species of Greatest Conservation Need; and (iii) develop recommendations for (a) updating the regulations regarding surface water intakes excluded from permitting requirements to meet protective standards, (b) reviewing a statewide inventory of unpermitted intake structures, and (c) assessing the feasibility of installing measures to reduce aquatic organism mortality. The bill requires the Secretary to submit a report of the findings and recommendations of the work group to the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and House Committee on Agriculture, Chesapeake and Natural Resources by October 1, 2027.

Electric utilities; emissions intensity target program. Requires the State Corporation Commission to develop an emissions intensity target program for Dominion Energy Virginia and Appalachian Power to achieve net-zero emissions. The bill requires the Commission to promulgate regulations to implement its provisions by January 1, 2027. Upon the promulgation of such regulations, the bill repeals certain provisions that require Dominion Energy Virginia and American Electric Power to participate in a renewable energy portfolio standard program, authorize the State Air Pollution Control Board to promulgate certain regulations, and provide that the construction or purchase by a public utility of certain generation facilities is in the public interest.

Chesapeake Bay Pay for Outcomes Fund established. 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 administer the Fund and to establish a competitive solicitation process for awarding payments from the Fund.