Environment

Electric utilities; retirement of certain electric generating units. Provides that, for the required retirement by December 31, 2045, of electric generating units that emit carbon as a by-product of combusting fuel to generate electricity, exceptions to such requirement include natural gas electric generating units with carbon capture capability and emissions-positive electric generating units. Under the bill, "emissions-positive generating unit" means an electric generating unit that produces a net reduction in greenhouse gas emissions by either preventing, capturing, or collecting such emissions from fuel combustion.

Powers of service districts; control of invasive plant species. Allows a service district created within a locality to control the spread of any plant that is identified on the list of invasive plant species established by the Department of Conservation and Recreation. This bill is identical to HB 388.

Department of Wildlife Resources; fishing tackle recycling and disposal; educational webpage. Directs the Department of Wildlife Resources to (i) develop, publish, and maintain a dedicated webpage on its website to educate the recreational fishing community and the general public about the importance of responsible recycling and disposal of fishing tackle, as defined in the bill, and (ii) periodically update such webpage to ensure that educational materials are current, relevant, and effective in promoting responsible fishing practices. The bill directs the Department to update the webpage at least every three years in consultation with relevant state agencies and stakeholders.

Precipitation design standards; non-stationary precipitation; climate-adjusted rainfall. Requires the State Water Control Board to serve as the lead agency responsible for establishing and maintaining precipitation design standards to be used by all state agencies, localities, and other political subdivisions and in transportation projects. The bill requires such precipitation design standards to include the most recent precipitation frequency estimates published in the National Oceanic and Atmospheric Administration national precipitation frequency atlas to account for observed and projected increases in precipitation intensity, frequency, and duration. The bill directs the Department of Environmental Quality, Department of Transportation, and any other state agency to update any relevant manuals and design standards consistent with the provisions of the bill by July 1, 2027. The bill also allows the State Water Control Board and the Department of Transportation to adopt interim guidance or regulations implementing the provisions of the bill consistent with the Administrative Process Act, ensuring that updated precipitation design standards take effect no later than July 1, 2027. This bill is a recommendation of the Joint Subcommittee on Recurrent Flooding.

Marine Resources Commission; fisheries climate adaptation plan; report. Directs the Marine Resources Commission, in collaboration with the Virginia Institute of Marine Science, to develop and maintain a fisheries climate adaptation plan that utilizes the best available science to consider climate-driven impacts to Virginia fisheries and aquaculture and identify adaptive management strategies and research needs necessary to safeguard the economic and environmental health of Virginia fisheries. The Commission is directed to convene a technical advisory committee of relevant stakeholders to aid in the development of such plan, to update the plan at least once every three years, and to submit a report detailing the plan to relevant executive agency personnel and committees of the General Assembly by December 1, 2026, for the initial plan and December 1 in any year in which the plan is updated.

Sales and use tax exemption; data centers. Requires data center operators to meet certain energy efficiency standards in order to be eligible for the sales and use tax exemption for data center purchases. Under the bill, a data center operator shall be eligible for the exemption only if such operator demonstrates that (i) its facilities either have a power usage effectiveness score of no greater than 1.2 or, for data centers co-located in buildings with other commercial uses, achieve an energy efficiency level of no less than the most efficient 15 percent of similar buildings constructed in the previous five years and (ii) by January 1, 2028, it will procure carbon-free renewable energy and associated renewable energy certificates equal to 90 percent of its electricity requirements or its electricity will be otherwise derived from non-carbon-emitting, renewable sources.

Department of Conservation and Recreation; permanent land conservation feasibility; report. Directs the Department of Conservation and Recreation to assess how best to achieve permanent conservation by 2036 of (i) 20 percent of the land area of the Commonwealth and (ii) 10 percent of urban areas of the Commonwealth. The bill directs the Department to submit a report on its findings and any recommendations to achieve such permanent conservation goals to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than November 1, 2026.

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.

Department of Conservation and Recreation; acquisition of property to establish a state park; Loudoun County. Allows the Department of Conservation and Recreation to acquire 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, known as Oak Hill Farm, in Loudoun County for the purpose of establishing and operating a state park on such property. This bill incorporates HB 239.

Local authority to test and monitor the land application of sewage sludge within its political boundaries. Allows a locality to provide for testing and monitoring for perfluoroalkyl and polyfluoroalkyl substances, as defined in relevant law, of the land application of sewage sludge within its political boundaries using an applicable test method established by the U.S. Environmental Protection Agency. The bill prohibits any expenses from such testing and monitoring from being eligible for reimbursement from the Sludge Management Fund.