Virginia HB 641: Virginia's Great Outdoors Act; established, creates data center land conservation tax.

Bill Text

2026 SESSION

INTRODUCED

26102661D

HOUSE BILL NO. 641

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact § 58.1-512 of the Code of Virginia; to amend the Code of Virginia by adding in Title 10.1 a chapter numbered 21.3, consisting of sections numbered 10.1-2141, 10.1-2142, and 10.1-2143, and by adding in Chapter 17 of Title 58.1 an article numbered 13, consisting of sections numbered 58.1-1749 and 58.1-1750; and to repeal § 2.2-1509.4 of the Code of Virginia, relating to Virginia's Great Outdoors Act established; data center land conservation tax; land preservation distributions and appropriations.

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Patrons—Krizek, Fowler, Bulova, Keys-Gamarra and LeVere Bolling

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Referred to Committee on Finance

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Be it enacted by the General Assembly of Virginia:

1. That § 58.1-512 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Title 10.1 a chapter numbered 21.3, consisting of sections numbered 10.1-2141, 10.1-2142, and 10.1-2143, and by adding in Chapter 17 of Title 58.1 an article numbered 13, consisting of sections numbered 58.1-1749 and 58.1-1750, as follows:

CHAPTER 21.3.

VIRGINIA'S GREAT OUTDOORS ACT.

§ 10.1-2141. Cooperation in the protection and preservation of lands.

It shall be the policy of the Commonwealth, and it is the purpose of this chapter, to ensure the ongoing protection and preservation of lands of ecological, cultural, or historical importance, lands for recreational purposes, and working farm and forest lands for the benefit of all current and future citizens of the Commonwealth. The General Assembly further determines and finds that acquisition of public lands and trails is a core function of state government and that stewarding those lands and trails and providing access to the public is an ongoing responsibility. It also is the responsibility of government to assist private landowners who wish to conserve their lands for the benefit of the public. The General Assembly further determines and finds that land conservation and recreation are shared responsibilities among state government entities, local governments, and private conservation organizations and that this chapter authorizes and encourages cooperative programs to provide these services to the citizens of the Commonwealth.

§ 10.1-2142. Commitment of certain tax revenues.

A. In accordance with the provisions of § 10.1-2141, the Commonwealth shall provide distributions of certain tax revenues for the protection and preservation of lands as described in this section.

B. Beginning July 1, 2028, no less than $250 million of revenues collected from the data center land conservation tax imposed under Article 13 (§ 58.1-1749 et seq.) of Title 58.1 shall be distributed as provided in § 58.1-1750 each year.

§ 10.1-2143. Virginia Tribal Commitment Fund.

There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Tribal Commitment Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds deposited pursuant to subdivision A 14 of § 58.1-1750, all funds appropriated for such purpose, and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of assisting and supporting Virginia tribes with tribal nation building, cultural revitalization, tribal capacity building, land acquisition, and other purposes that protect and preserve tribes and tribal lands. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Secretary of the Commonwealth.

§ 58.1-512. Land preservation tax credits for individuals and corporations.

A. 1. For taxable years beginning on or after January 1, 2000, there shall be allowed as a credit against the tax liability imposed by §§ 58.1-320 and 58.1-400, an amount equal to 50 percent of the fair market value of any land or interest in land located in Virginia that is conveyed for the purpose of agricultural and forestal use, open space, natural resource, and/or biodiversity conservation, or land, agricultural, watershed and/or historic preservation, as an unconditional donation by the landowner/taxpayer to a public or private conservation agency eligible to hold such land and interests therein for conservation or preservation purposes. For such conveyances made on or after January 1, 2007, the tax credit shall be 40 percent of the fair market value of the land or interest in land so conveyed.

2. a. If the Commonwealth or an instrumentalit