Environment

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.

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.