Environment (Coastal & Flood Protection)

Marine Resources Commission; Habitat Policy Oversight Committee established; powers and duties. Establishes the Habitat Policy Oversight Committee within the Marine Resources Commission to advise the Commission and the Habitat Management Division of the Commission on policies within their jurisdiction and to support the Commission's coastal resilience efforts. The bill establishes the powers and duties of the Committee, establishes how the members of the Committee are appointed, and provides that the Committee shall have 11 voting members and two ex-officio members. This bill incorporates HB 619.

Virginia Community Flood Preparedness Fund; loan and grant program; deferment of interest accrual and repayment obligations. Provides that for funds disbursed to localities, federally recognized tribes, and Virginia recognized tribes primarily for the purpose of implementing flood prevention and protection projects and studies in areas that are subject to recurrent flooding, interest on loans shall not accrue and repayment obligations shall not come into effect for loans or grants until completion of the project or study for which such funds are disbursed. This bill is a recommendation of the Joint Subcommittee on Recurrent Flooding.

Department of Housing and Community Development; Virginia Disaster Assistance Fund; post-disaster recovery; floodplain mitigation and resilience projects. Requires the Department of Housing and Community Development (the Department) to amend its criteria for awarding money from the Virginia Disaster Assistance Fund (the Fund) to allow for moneys from the Fund to be used for post-disaster recovery projects that are consistent with the state floodplain management standards for state-owned buildings or local floodplain standards, whichever are more stringent. The bill requires the Department to give priority to projects that use nature-based solutions or promote green infrastructure when possible. The bill also requires the Department to coordinate with the Interagency Resilience Management Team when evaluating new applications for awards from the Fund to ensure that such projects are aligned with the Commonwealth's resilience principles.

Conservation and replacement of trees during development process; work group; report. Expands certain existing local government authority to plant or replace trees during the development process by expanding such authority statewide. The bill allows localities to establish higher tree canopy replacement percentages based on density per acre. The bill also alters the current process for granting exceptions to a local ordinance by modifying a provision that requires the granting of an exception when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the developer, and replacing it with a requirement that the locality concur with such a determination. The bill permits localities to monitor and assess the condition and coverage of tree canopies at development sites during a period of up to 20 years after the trees are planted. The bill also allows any town within Planning District 8 belonging to an eight-hour nonattainment area for air quality standards to require, by ordinance, that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or cover 10 years after development is projected to meet specified coverage criteria. Under current law, the criteria apply to tree canopy coverage 20 years after development. Finally, the bill directs the Institute for Coastal Adaptation and Resilience to convene a work group to conduct a comprehensive review of the tree canopy laws and regulations and report the work group's findings and recommendations to the Chairs of the House Committee on Counties, Cities and Towns and Senate Committee on Local Government by November 1, 2026. This bill is identical to HB 549.

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.

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.

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.

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 SB 802.

Conservation and replacement of trees during development process; work group; report. Expands certain existing local government authority to plant or replace trees during the development process by expanding such authority statewide. The bill allows localities to establish higher tree canopy replacement percentages based on density per acre. The bill also alters the current process for granting exceptions to a local ordinance by modifying a provision that requires the granting of an exception when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the developer, and replacing it with a requirement that the locality concur with such a determination. The bill permits localities to monitor and assess the condition and coverage of tree canopies at development sites during a period of up to 20 years after the trees are planted. The bill also allows any town within Planning District 8 belonging to an eight-hour nonattainment area for air quality standards to require, by ordinance, that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or cover 10 years after development is projected to meet specified coverage criteria. Under current law, the criteria apply to tree canopy coverage 20 years after development. Finally, the bill directs the Institute for Coastal Adaptation and Resilience to convene a work group to conduct a comprehensive review of the tree canopy laws and regulations and report the work group's findings and recommendations to the Chairs of the House Committee on Counties, Cities and Towns and Senate Committee on Local Government by November 1, 2026. This bill incorporates HB 995 and is identical to SB 589.

Marine Resources Commission; Habitat Policy Oversight Committee established; powers and duties; report. Establishes the Habitat Policy Oversight Committee within the Marine Resources Commission to advise the Commission and the Habitat Management Division of the Commission on policies within their jurisdiction and to support the Commission's coastal resilience efforts. The bill establishes the powers and duties of the Committee, provides that the Committee shall have nine voting members and two ex-officio members, and directs the Committee to submit an annual oversight report to the full Commission.