Transportation

Passing a stopped school bus; divided highways, access roads, and certain driveways. Clarifies that the exemption from the requirement for a driver of a motor vehicle to stop for a stopped school bus if such bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area applies regardless of whether the physical barrier or unpaved area is continuous or segmented when necessary to accommodate an intersection or turning vehicles.

Deferred disposition in a criminal case; license suspension; driving while under the influence. Permits a trial court, with the agreement of the Commonwealth if the charge is ineligible for sealing, to suspend the driver's license of a defendant for a period of not less than 10 days nor more than six months when deferring disposition. The bill also allows a trial court to defer judgment for a violation of driving while intoxicated and require that the defendant participate in and successfully complete an alcohol safety action program and prohibit the defendant from operating a motor vehicle that is not equipped with an ignition interlock system. The bill excludes from its provisions any person with a commercial driver's license or commercial learner's permit or who was operating a commercial motor vehicle during the alleged violation.

Driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks. Permits a court to issue a restricted license with immediate installation of ignition interlock systems for certain offenders charged with driving while intoxicated, refusal of tests, or repeat offender violations. The bill also directs the Commission on the Virginia Alcohol Safety Action Program to convene a work group to evaluate the provisions governing driving or operating a motor vehicle under the influence of alcohol and submit recommendations and a draft report to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026. Current law requires various time limits of driver's license suspension for such violations before a restricted license may be issued.

Transportation electrification; integrated resource planning; fast-charging stations; cost recovery by electric utilities. Permits Dominion Energy and Appalachian Power Company to file a proposed tariff with the State Corporation Commission (the Commission) to provide utility owned and operated electrical distribution infrastructure to support electric vehicle charging stations. The bill requires Dominion Energy and Appalachian Power Company to file transportation electrification plans with the Commission by February 1, 2028, and every three years thereafter, and includes requirements for information to include in such plans. Under the bill, Dominion Energy and Appalachian Power Company are required to seek recovery of necessary and appropriate expenditures for transportation electrification only through their rates for generation and distribution services.The bill prohibits Dominion Energy and Appalachian Power Company from petitioning for approval of expenditures to own and operate electric vehicle fast-charging stations unless such stations are located at or beyond a radial distance as determined by the Commission relative to the location of any privately owned fast charging station. The bill also directs the Commission to initiate a rulemaking proceeding to determine the appropriate radial distance for such utility-owned fast-charging stations from privately-owned fast charging stations, to enter its final rule in such proceeding no later than December 31, 2027, and to review such final rule by December 31, 2029. Provisions of the bill restricting the radial distance of utility owned and operated fast-charging stations expire on July 1, 2031. This bill is identical to HB 1225.

Land subdivision and development; optional provisions of a subdivision ordinance; electric vehicle charging stations; Department of Energy; report. Allows, effective July 1, 2027, a locality to include in its subdivision ordinance a requirement for electric vehicle (EV) supply equipment, EV-ready charging spaces, or EV-capable parking spaces that provide infrastructure to facilitate future EV charging, including electrical capacity, prewiring, and conduit for a development containing commercial, industrial, or multifamily residential uses. Effective in due course, the bill directs the Department of Energy to evaluate the design and deployment of the electrical distribution infrastructure necessary to support the installation of electric vehicle charging facilities in new developments consisting of single-family and multifamily residential units, to provide recommendations on the appropriate number and type of EV charging spaces for new commercial and industrial developments, and to report its findings and recommendations to the State Corporation Commission no later than November 15, 2026.

Commissioner of Highways; certain agreements with the U.S. Department of Transportation; National Environmental Policy Act. Authorizes the Commissioner of Highways to enter into agreements for a term of five years with the U.S. Department of Transportation, as provided for in federal law, regarding state assumption of responsibility for categorical exclusions and the Surface Transportation Project Delivery Program. The bill authorizes the Department of Transportation to assume certain responsibilities of the U.S. Secretary of Transportation pursuant to such agreement. Under the bill, the Commonwealth waives its immunity from civil suit in a federal court under certain circumstances. The bill contains an expiration date of five years after the date on which the first agreement is entered into. This bill is identical to SB 716.

Lane filtering; motorcycles; penalty. Authorizes the operator of a two-wheeled motorcycle to pass another vehicle that is stopped or traveling at no more than 10 miles per hour in the same lane or on the shoulder, provided that there are at least two lanes of travel in each direction, such motorcycle does not exceed a speed of 20 miles per hour, and the operator executes such passing with ordinary care. The bill makes intentionally impeding or attempting to impede the operator of a motorcycle from lawfully engaging in lane filtering a traffic infraction punishable by a fine of $300. The bill requires the Commissioner of the Department of Motor Vehicles to implement a statewide education campaign to alert drivers and the public that motorcycles may lawfully engage in lane filtering. The bill has a delayed effective date of July 1, 2027.

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.

Emergency vehicles; exempt from certain traffic regulations. Authorizes a law-enforcement vehicle, defined in current law, operated by or under the direction of a state or local law-enforcement officer to disregard parking and stopping provisions. The bill expands the situations in which such vehicles may disregard speed limits to include when establishing evidence of other violations of law and when responding to an emergency in which emergency lights and siren may pose a safety risk and removes such authorization for disregarding speed limits in certain situations provided under existing law for law-enforcement vehicles operated by or under the direction of a federal law-enforcement officer.

Income tax; sustainable aviation fuel production tax credit. Provides, for taxable years 2026 through 2030, a nonrefundable tax credit against individual and corporate income taxes for eligible producers of sustainable aviation fuel, as such terms are defined in the bill. The amount of the credit is the lesser of (i) $0.75 per gallon of sustainable aviation fuel produced in the taxable year or (ii) $5 million. The aggregate amount of credits allowable under this bill shall not exceed $20 million per taxable year.