HB 388 allows service districts within local communities (like water or parks authorities) to manage invasive plant growth on their properties. The bill specifically grants these districts the authority to control invasive plants, without specifying methods or requiring new funding. It directly affects service districts operating in cities or towns, expanding their existing powers to address plant invasions. The bill passed the House unanimously (90-8) and is now pending review by the Local Government Committee.
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.
Resilient Virginia Revolving Fund; projects; low-income geographic areas and nature-based solutions. Provides that the Department of Conservation and Recreation shall give additional weight to projects located in low-income geographic areas and projects that incorporate nature-based solutions when distributing loans or grants from the Resilient Virginia Revolving Fund to particular local governments. The bill allows the Virginia Resources Authority to contract with any person to serve as a program administrator to be approved by the Department to assist in the distribution of loans and grants to local governments. As introduced, this bill was a recommendation of the Joint Subcommittee on Recurrent Flooding.
Marine Resources Commission; Chesapeake Bay; diamondback terrapin protection areas; use of bycatch reduction devices on crab traps; penalty. Requires the Marine Resources Commission, in collaboration with the Crab Management Advisory Committee and the Virginia Institute of Marine Science, to develop and establish by December 1, 2027, diamondback terrapin protection areas in those portions of the Chesapeake Bay and its tributaries where interactions may occur between diamondback terrapins and any nets, traps, pots, or other fishing devices or gear. The bill directs the Commission to require by regulation bycatch reduction devices, as defined in the bill, on all recreational crab pots placed within any such diamondback terrapin protection area established by the Commission. A violation of such regulation is a Class 3 misdemeanor.
Electric utilities; renewable energy portfolio standard; zero-carbon electricity; accelerated clean energy buyers. Revises the conditions under which accelerated clean energy buyers, defined in existing law as accelerated renewable energy buyers, may contract with Appalachian Power or Dominion Energy Virginia to obtain renewable energy certificates (RECs). The bill exempts an accelerated clean energy buyer obtaining capacity, energy, or RECs from qualifying resources or facilities from the assignment of non-bypassable costs associated with compliance with the renewable portfolio standard program based on the amount and type of renewable energy certificates obtained in proportion to such accelerated clean energy buyer's total electric energy consumption. This bill is identical to SB 598.
Policy of the Commonwealth; data centers. Provides that it is the policy of the Commonwealth to encourage the responsible operation of data centers in the Commonwealth while supporting grid reliability, affordability, and the deployment of renewable resources. The bill provides that in furtherance of this policy, the Commonwealth shall (i) promote coordination between data centers, state agencies, and regional grid operators to share information on energy usage, interconnection timelines, and barriers to rapid deployment of renewable and flexible energy resources; (ii) incentivize data centers to participate in demand response programs, implement energy storage and management systems, and leverage automated technologies to reduce peak demand and support grid stability; (iii) encourage flexible energy practices that allow data centers to adjust energy consumption in real time in alignment with available renewable generation; (iv) ensure large-scale data centers pay their fair share of infrastructure investments, mitigating impacts on residential and small business ratepayers; (v) require data centers to report water and aggregated energy usage, sustainability measures, and participation in grid support programs to appropriate state and federal agencies; and (vi) promote cybersecurity, physical security, and supply chain security measures to protect Virginia data center operations from foreign adversary access or compromise.
Virginia Conservation Easement Act; definitions; federally recognized tribes. Provides that a federally recognized tribe, as defined in the bill, can be a conservation easement holder and that such a tribe is not bound by the same restrictions on the location of a principal office or the duration of existence that are placed on other types of easement holders. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.
Department of Environmental Quality; standby generators study; report. Directs the Department of Environmental Quality to conduct a one-year study of all standby generators used by a commercial facility with an air permit in the Commonwealth. The bill requires the study to (i) identify commercial facilities with an air permit that use standby generators, (ii) identify the type of pollutants emitted from such standby generators, and (iii) analyze and describe the amount of pollutants from such standby generators. The Department is required to report 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 by July 1, 2027.
Virginia Fungi Task Force established; report. Requires the Director of the Department of Conservation and Recreation to establish the Virginia Fungi Task Force to assess, categorize, and protect the Commonwealth's natural fungi species and explore the economic potential of fungi. The bill directs the Task Force to develop recommendations to (i) conduct a gap analysis and needs assessment on the Commonwealth's natural fungi species; (ii) identify economic development opportunities for fungi; (iii) build a Virginia database of native and invasive fungi species; (iv) conduct statewide fungal monitoring and research; (v) support forest health, agriculture, and water quality in the Commonwealth; (vi) provide guidance on toxic mushrooms and public safety; and (vii) build public education and identification resources on fungi in the Commonwealth. The bill requires the Task Force to report its initial findings and recommendations to the Secretary of Natural and Historic Resources and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and Senate Committee on Agriculture, Conservation and Natural Resources by December 1, 2027, and update such report at least every five 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.
