Environment

Comprehensive plan; environmental justice strategy. Requires cities with populations greater than 20,000 and counties with populations greater than 100,000 to consider, beginning July 1, 2026, at the next and all subsequent reviews of the comprehensive plan, adopting an environmental justice strategy. The bill provides that the locality's strategy shall be to identify environmental justice and fenceline communities within the jurisdiction of the local planning commission and identify objectives and policies to reduce health risks, to promote civic engagement, to prioritize improvements and programs that address the needs of environmental justice and fenceline communities, as those terms are defined in the bill, and to establish baseline environmental and health conditions to characterize any disproportionate public health conditions in the identified fenceline communities. This bill is identical to HB 256.

Electric utilities; renewable energy portfolio standard eligible sources; zero-carbon electricity generating nuclear facilities. Provides that, for the purposes of the renewable energy portfolio standard, eligible sources include zero-carbon electricity generating nuclear facilities located in the Commonwealth.

Electric utilities; renewable portfolio standard program; zero-carbon electricity; accelerated renewable energy buyers. Classifies zero-carbon electricity generating facilities that are not otherwise renewable portfolio standard (RPS) program eligible sources and that are placed into service in the Commonwealth after July 1, 2030, as RPS eligible sources. The bill permits an accelerated renewable energy buyer to contract to obtain bundled capacity, energy, and renewable energy certificates from solar, wind, or zero-carbon electricity generation located within the PJM region and placed in commercial operation on or before January 1, 2015, if investments to increase the maximum thermal power output of such facility occurred after January 1, 2015, or if a financial agreement for procurement of energy and capacity was entered into with such facility after January 1, 2015, to prevent the early retirement or decommissioning of such facility due to financial constraints.

Electric utilities; renewable energy portfolio standard eligible sources; zero-carbon electricity generating nuclear facilities. Provides that, for the purposes of the renewable energy portfolio standard, eligible sources include zero-carbon electricity generating nuclear facilities located in the Commonwealth.

Income tax; energy-efficient homes tax credits. Authorizes a nonrefundable income tax credit, during taxable years 2026 through 2030, in an amount equal to $2,500 for the construction of an energy-efficient home or $1,000 for the purchase of such home. The bill also authorizes a nonrefundable income tax credit, during taxable years 2026 through 2030, in an amount equal to $5,000 for the construction of an extra-efficient home or $2,000 for the purchase of such home. The bill clarifies that either an eligible contractor or an eligible purchaser, but not both, shall be able to claim the credit for any single energy-efficient or extra-efficient home, as applicable, and establishes a maximum credit amount that an eligible purchaser or eligible contractor may claim per taxable year of $250,000.

Department of Environmental Quality; special orders; Virginia Erosion and Sediment Control Program; civil penalties. Increases the maximum civil penalty amount that the Director of the Department of Environmental Quality may assess for any special order to a person to comply with certain related laws, regulations, permits, and certifications from $10,000 to $32,500. The bill increases from $1,000 to $32,500 the maximum civil penalty that a locality authorized to administer a Virginia Erosion and Sediment Control Program is able to collect for any one violation of certain regulations, orders, ordinances, program provisions, conditions of land-disturbance approvals, and provisions of state law. The bill also provides, however, that for a land-disturbing activity that (i) disturbs an area measuring at least 10,000 square feet but less than one acre in an area not designated as a Chesapeake Bay Preservation Area and (ii) is not part of a larger common plan of development or sale that disturbs one or more acres of land, the civil penalty shall not exceed $5,000 for each violation, and a series of violations arising from the same set of facts shall not exceed $50,000.

Use of unmanned aircraft systems by public bodies; search warrant required; exceptions. Adds the Department of Environmental Quality to the list of exceptions to the warrant requirement for the use of an unmanned aircraft system by public bodies for the implementation and civil enforcement of the Virginia Water Resources and Wetlands Protection Program, the Virginia Erosion and Stormwater Management Act, and erosion and sediment control in localities without a Virginia Erosion and Stormwater Management Program against a permittee.

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.

Electric utilities; renewable energy standard eligible sources. Requires that, in order to qualify as renewable energy standard eligible sources under the renewable portfolio standard program, certain waste-to-energy resources, landfill gas-fired resources, and biomass-fired facilities be electric generating sources. Additionally, the bill requires, for waste-to-energy and landfill gas-fired resources to qualify, that such resources not use waste heat from fossil fuel combustion or credit thermal output or use the renewable thermal energy equivalent calculation to produce renewable energy certificates (RECs). Finally, the bill requires the State Corporation Commission (the Commission) to revoke and invalidate RECs if the Commission finds them to have been inappropriately or erroneously produced, registered, sold, banked, or retired and requires utilities to procure and retire RECs to cover any amount revoked and invalidated.

Small renewable energy projects; agrivoltaics definition; advisory panel. Defines under the provisions relating to small renewable energy projects the term "agrivoltaics" to mean the intentional co-location of agricultural production and solar energy generation on the same land that (i) is designed to prioritize and sustain agricultural productivity while integrating renewable energy; (ii) allows the ongoing production and sale of agricultural products throughout the solar array's life; (iii) is a part of an existing farm business; and (iv) ensures flexibility for farmers to adapt to market conditions and support operational needs. The bill also directs the Virginia Cooperative Extension, in consultation with the Department of Energy, to convene a stakeholder advisory panel to develop recommendations to (i) establish criteria to determine qualifying agrivoltaic projects that are eligible for grant funding through the Virginia Power Innovation Fund and Program, (ii) identify how to monitor and sustain the integrity of agrivoltaic projects, and (iii) consider permitting or provide other incentives that may be effective in promoting agrivoltaic projects in the Commonwealth. The bill directs the stakeholder advisory panel to submit a report on its recommendations to the Secretaries of Agriculture and Forestry and Natural and Historic Resources by November 1, 2026.