Environment

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.

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.

Department of Energy; developing criteria to determine the appropriateness of sites for solar facilities. Requires the Department of Energy (the Department) to develop a set of criteria to be used by reviewers to (i) assess the appropriateness of potential siting areas and (ii) assign a siting appropriateness score from one to 100 for each area and to establish a scoring committee to review applications for proposed solar facilities. Beginning January 1, 2027, the bill requires every completed land use application for a proposed solar facility to be forwarded by the host locality to the Department for evaluation and scoring. The bill provides that the locality shall continue to have final authority for approval or disapproval of a proposed solar facility.

Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond. Removes the requirement for a Virginia Erosion and Stormwater Management Program (VESMP) authority to have a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement in order to enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.

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.

Electric utilities; construction and development of renewable energy facilities; powers of State Air Pollution Control Board; powers of State Corporation Commission. Repeals provisions (i) requiring the State Air Pollution Control Board to adopt regulations to reduce carbon dioxide emissions from any electricity generating unit in the Commonwealth and authorizing the Board to establish an auction program for energy allowances; (ii) prohibiting the State Corporation Commission from approving any new utility-owned generation facilities that emit carbon dioxide as a by-product of energy generation under certain circumstances; (iii) declaring that statutory allowances for energy derived from sunlight, onshore wind, offshore wind, and storage facilities are in the public interest; and (iv) relating to the development of solar and wind generation and energy storage capacity, development of offshore wind capacity, and generation of electricity from renewable and zero-carbon sources. The bill provides that planning and development activities for new nuclear generation facilities are in the public interest.