The window for state leaders to approve legislation in Virginia this year has officially closed.

Last week, Gov. Glenn Youngkin made his final decisions on bills approved by the Democratic-controlled General Assembly, including several that touch on environment and climate issues.

Bills that made it through this year’s session will take effect July 1.

Here’s a look at what environmental legislation survived and what was nixed by the governor.

PASSED

Trees

One new law expands the ability of local governments to require builders to protect or replace trees during development. Localities can create a “tree canopy fund” to collect, maintain and distribute fees collected from developers that cannot meet such requirements.

Community “power plants”

This law creates a pilot program for so-called “virtual power plants,” which would let utilities pay customers for access to their home energy resources, harnessing the combined power of home solar panels, heat pumps, electric cars and water heaters to send excess energy onto the grid.

The law asks officials to evaluate the electric grid capacity needs and abilities of such plants.

Flood funding

This law allows state and federally recognized tribes to access grants and loans through the Community Flood Preparedness Fund.

The fund previously earned revenue through Virginia’s proceeds from the Regional Greenhouse Gas Initiative and still has millions yet to be allocated. After Gov. Youngkin removed the state from RGGI, the program’s future funding source remains unclear.

Rainwater harvesting

This change builds on other rules passed in recent years that outline standards for reusing rainwater. It prohibits local governments from forcing owners of permitted rainwater harvesting systems to connect to the municipal water supply.

State officials say these systems, when done safely, can help naturally capture excess water and reduce stress on overburdened aquifer systems or during crises such as Richmond’s power failure earlier this year. An auto shop owner in Newport News played a key role in advancing rainwater harvesting legislation.

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Studying how the state funds coastal storm projects

This resolution directs the Joint Legislative Audit and Review Commission to study the state’s methodology for contributing to local coastal storm risk management projects under the U.S. Army Corps of Engineers.

Making sure funding is adequate and equitable has become a growing concern as more local governments embark on the Corps’ study process, including Virginia Beach, the Peninsula and the Eastern Shore.

The city of Norfolk, for example, has stated it needs the state to fund half of its $931 million share for the floodwall project currently under development. The city’s received only about $25 million from the state so far and did not get any more in this year’s budget.

Hazardous substances

A new law requires facilities that handle hazardous materials in Virginia to submit and comply with response plans approved by the U.S. Environmental Protection Agency. It also requires these facilities to immediately report any discharge of substances entering state waters or lands, with penalties for violations.

Discouraging invasive plants

This law requires stores that sell certain invasive plants to identify them “in a conspicuous manner” and educate customers about the dangers of spreading dozens of species, including yellow iris, winter honeysuckle, ground ivy and blue periwinkle.

Certain provisions of the law won’t go into effect until January 2027.

Image courtesy of Commonwealth Fusion Systems

Fusion energy

This law adds nuclear fusion to Virginia’s list of energy sources that qualify as “carbon-free.” A Massachusetts-based company announced last year that it plans to build the world’s first fusion power plant in Chesterfield County.

Joint Subcommittee on Recurrent Flooding

A resolution re-establishes this state group that recommends strategies for reducing Virginia’s flood risk. The subcommittee sunset in 2023 but will now continue through at least 2026.

Electrical transmission technology 

This law encourages the use of potentially more efficient “advanced conductor” technologies when building transmission lines.

Wetlands  

This legislation will create a restoration and creation policy task force to protect existing wetlands and address expected losses from climate change and human activities.

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WHRO News

VETOED

Electric Vehicle Rural Infrastructure Program and Fund

The program approved by lawmakers would have helped private developers build more EV charging stations in rural areas.

Offshore wind workforce program

This program would have supported workforce training related to offshore wind development at colleges and training centers.

Youngkin previously expressed support for Virginia’s offshore wind industry as part of his “all of the above” approach to energy policy.

His veto statement on the workforce bill takes a different tone.

“The offshore wind industry has been hit with project contract cost increases and project cancellations running rampant across the East Coast and declining interest even for projects in Europe,” Youngkin wrote. “Virginia must drive workforce development efforts for high growth, in demand professions.”

Data center regulation

Many lawmakers are alarmed by the surging data center industry in Virginia. A much-anticipated report from the state’s legislative review commission last year found that rapid growth is driving an “immense increase in energy demand” that will be difficult to accommodate.

Legislators proposed more than a dozen bills this session to tackle issues related to data centers, including energy and water usage.

Only one made it to Youngkin’s desk. It would have allowed local governments to require site assessments by developers seeking to build data centers. The goal was to learn of potential noise and environmental impacts before approving these facilities.

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Energy efficiency task force for low-income households

The Income-Qualified Energy Efficiency and Weatherization Task Force was proposed to look at ways to coordinate energy efficiency upgrades for low-income households, which includes removing mold, retrofitting electrical panels and improving insulation. Officials say energy efficiency is a key way to fight climate change while cutting energy bills.

Geothermal energy

This bill hoped to allow utilities to use geothermal energy – heat generated from underground reservoirs — to meet renewable energy requirements.

Solar energy

The governor vetoed an attempt to allow local governments to require solar arrays over large commercial parking lots, as well as a solar interconnection program that would have handed out competitive grants to help public bodies connect solar facilities to the electric grid.

Social determinants of health

This proposal encouraged local governments to consider social determinants of health when planning policy related to public health and health care. The phrase refers to considering the conditions in the environments where people are born, live, work and play – all of which can affect their health outcomes.

Hampton Roads highway improvement and coastal resilience programs

This bill aimed to create two programs and corresponding funds to help develop and maintain transportation infrastructure in Hampton Roads, and better design infrastructure in light of growing flood risk.

Boosting energy storage

The Virginia Clean Economy Act passed in 2020 requires Dominion Energy to generate power only from renewable sources by 2045, and included targets for adding energy storage capacity, which allows utilities to preserve excess renewable energy that it can deploy during peak demand.

This bill would have increased those targets in order to stabilize the electric grid and reduce the need for new gas-powered energy plants.

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PFAS monitoring

This proposal required the state to do quarterly monitoring of PFAS in public wastewater systems. PFAS are a class of manmade toxic chemicals that can impact the health of people and the environment.

Youngkin said the legislation was at odds with similar requirements enacted last year and “may have unintended consequences that do not ultimately improve environmental outcomes.”

Environmental justice

This bill sought to require large cities and counties to consider adopting an environmental justice strategy as part of their overall comprehensive plans.

Electric utility long-term plans

This bill would have changed the way Dominion makes its integrated resource plans, including expanding public engagement and mandating that officials consider technologies that better support the future electric grid.

Youngkin wrote in his veto statement that “the Virginia Clean Economy Act is failing Virginia and those that champion it should stop trying to buttress this failing policy.”