Environment (Conservation)

Study; Department of Conservation and Recreation; state park in Washington County; report. Requests the Department of Conservation and Recreation to study the feasibility of establishing a state park in Washington County at the Mendota Trail and Abrams Falls located within the Holston River watershed.

Virginia's Great Outdoors Act established; land preservation distributions and appropriations. Creates a data center land preservation tax on and after January 1, 2027, in an amount equal to $3 per square foot of each data center facility footprint, as defined in the bill, and directs no less than $250 million of revenues from the tax to be distributed for various land protection and preservation purposes, including into the Virginia Tribal Commitment Fund, as created in the bill. The bill also repeals provisions requiring the Governor to include in the budget bill or in his amendments to the general appropriation act a recommended appropriation from the general fund, up to $20 million, for land preservation as follows: (i) 80 percent of the unissued credits to the Virginia Land Conservation Fund, of which at least 50 percent must be used for acquisitions with public access; (ii) 10 percent to the Virginia Battlefield Preservation Fund; and (iii) 10 percent to the Virginia Farmland and Forestland Preservation Fund.

Office of Working Lands Preservation; powers and duties; Forest Sustainability Fund. Adds management of the Forest Sustainability Fund to the powers and duties of the Office of Working Lands Preservation within the Department of Forestry. This bill is identical to HB 543.

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.

Wildlife Corridor Grant Fund established; voluntary contributions; report. Establishes the Wildlife Corridor Grant Fund to provide grants for projects that conserve or enhance wildlife corridors prioritized by the Wildlife Corridor Action Plan and associated wildlife crossing infrastructure projects. The Director of the Department of Wildlife Resources shall administer the Fund in collaboration with the Department of Conservation and Recreation, the Department of Forestry, and the Department of Transportation. The Director of the Department of Wildlife Resources shall submit a report to the General Assembly by November 1 of each odd-numbered year concerning the amount of public and private funding received by the Fund, the awarding of grants from the Fund, and the progress of funded projects, including data on the use of project infrastructure by wildlife. The bill also provides mechanisms for individuals to make voluntary contributions to the Fund through a Department of Motor Vehicles electronic transaction and an individual income tax return.

Board of Agriculture and Consumer Services; invasive plant species installation; written notification to property owners; civil penalty. Provides that the Board of Agriculture and Consumer Services may assess a civil penalty in an amount of not more than $250 for a first violation, $500 for a second violation, and $1,000 for each subsequent violation to any tradesperson involved with proposing or installing plants who fails to provide written notification to property owners when such plants are on the Department of Conservation and Recreation's list of invasive plant species. Current law provides that any such tradesperson who fails to provide such written notice is guilty of a Class 1 misdemeanor. This bill is identical to HB 710.

Conservation of trees during land development process; Planning District 8; minimum tree canopy or cover percentages requirements after development. Allows any locality 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. The bill also allows such localities to include in their tree canopy ordinance reasonable provisions preserving trees of outstanding age, size, species, beauty, or other special significance.

Highway rights-of-way; invasive species. Prohibits the Commonwealth Transportation Board (the Board) and Commissioner of Highways from planting or causing or suffering to be planted any invasive plant on the list of invasive plants created by the Department of Conservation and Recreation on the right-of-way of any state highway. Current law prohibits the planting of three listed plants if the governing body of the locality declares such weeds or plants to be injurious and requires the Board to remove such plants. The bill removes such requirement for the Board to remove such plants and requires the Department of Transportation to conduct a review of the processes and resources that are necessary and appropriate to (i) determine the prevalence of invasive plants on the list of invasive plant species created by the Department of Conservation and Recreation and develop options for establishing and implementing a plan to remove or control such plants and manage such plants on an ongoing basis.

Department of Conservation and Recreation; acceptance of property to establish a state park; Loudoun County. Authorizes the Department of Conservation and Recreation to accept from The Conservation Fund approximately 1,240 acres of real property and any buildings or structures thereon between Little River Turnpike, James Monroe Highway, and Tail Race Road in Loudoun County, known as Oak Hill Farm, for the purpose of establishing and operating a state park on such property.

Virginia's Great Outdoors Act established; data center land conservation tax; land preservation distributions and appropriations. Creates a data center land preservation tax on and after January 1, 2027, in an amount equal to $3 per square foot of each data center facility footprint, as defined in the bill, and directs no less than $250 million of revenues from the tax to be distributed for various land protection and preservation purposes, including into the Virginia Tribal Commitment Fund, as created in the bill. The bill also repeals provisions requiring the Governor to include in the budget bill or in his amendments to the general appropriation act a recommended appropriation from the general fund, up to $20 million, for land preservation as follows: (i) 80 percent of the unissued credits to the Virginia Land Conservation Fund, of which at least 50 percent must be used for acquisitions with public access; (ii) 10 percent to the Virginia Battlefield Preservation Fund; and (iii) 10 percent to the Virginia Farmland and Forestland Preservation Fund.