Environment (Conservation)

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.

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.

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.

Minimum energy and water conservation standards; heating, ventilation, and air conditioning facilities and home appliances; Department of Energy; prohibited practices; penalty. Provides that if any product or product categories under the federal Energy Policy and Conservation Act of 1975 (the EPCA) are removed by the U.S. Secretary of Energy or the federal government, the Department of Energy shall adopt energy or water conservation standards that shall be equivalent to the last applicable federal standards with a product compliance date of on or before December 31, 2025. The bill prohibits any such new products from being sold, offered for sale, leased, or rented in the Commonwealth unless such products meet or exceed such standards. The bill excludes any energy or water conservation standards set aside by a court or any product if federal law preempts the application of the minimum energy and water conservation standards to such a product, including any product or product categories where there is a requirement to develop a standard under the EPCA.

Study; Department of Environmental Quality; groundwater supply in western Loudoun and Fauquier Counties; report. Directs the Department of Environmental Quality to study the threats and challenges to the groundwater supply in western Loudoun and Fauquier Counties, to complete its meetings by November 30, 2026, and 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 no later than December 31, 2026.

Waste to Energy Grant Program established; report. Establishes the Waste to Energy Grant Program to incentivize eligible localities, defined by the bill as counties, cities, and towns located in Planning District 23, to dispose of their waste through use of a qualifying waste to energy plant, as defined by the bill. The bill provides that, for any year in which at least one grant is awarded by the Program, the Department of Environmental Quality must submit a report to the House Committee on Agriculture, Chesapeake and Natural Resources, the Senate Committee on Agriculture, Conservation and Natural Resources, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations detailing information on the utilization of the Program and its impact on waste management in grant recipient localities.

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.

Office of Working Lands Preservation; powers and duties; small renewable energy projects fees. Requires the Office of Working Lands Preservation to serve as a trustee to administer the in-lieu fees in trust for small renewable energy projects. The bill requires such fees to be used to acquire conservation easements and cover any expenses associated with acquiring such easements.

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.