Background
On July 1, 2026, two new environmental justice (EJ) bills, HB 256 and HB 1266, went into effect in Virginia. Environmental justice is defined by the Virginia Environmental Justice Act as, “the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, income, faith, or disability, regarding the development, implementation, or enforcement of any environmental law, regulation, or policy.” These bills will reshape how Virginia evaluates industrial pollution and local growth through an EJ lens.
What is HB 256?
HB 256 requires cities with populations greater than 20,000 and counties with populations over 100,000 to consider implementing an EJ strategy during the next review of their official comprehensive plans and all subsequent reviews of the comprehensive plan. There are roughly sixty-six cities in Virginia that have over 20,000 people, most notably Virginia Beach, Chesapeake, Arlington, Norfolk, and Richmond. Seventeen of the ninety-five counties in Virginia meet the 100,000-population threshold, including Fairfax, Prince William, Virginia Beach, Loudoun, and Chesterfield. The identification of health conditions that disproportionately impact EJ communities (i.e., asthma or cancer) is another crucial aspect of this bill. Lastly, HB 256 requires that the affected cities establish baseline health and environmental conditions in conjunction with policies to reduce pollution exposure, improve air and water quality, and build general climate resilience. The bill calls for civic engagement to provide an intersectional perspective on environmental injustices and their impact on underserved communities.
HB 256’s recommended EJ strategy for each city or county’s planning commission is broken down into seven parts:
- the identification of each EJ and fenceline community1;
- the identification of major sources of pollution or hazardous waste;
- the introduction of policies to reduce health risks in EJ and fenceline communities;
- the introduction of policies to promote civic engagement in public decision-making processes with members of EJ and fenceline areas;
- encouragement to link public transit with health centers and services; and
- the establishment of baseline environmental and health conditions.
Ultimately, HB 256 will require communities to evaluate combined pollution burdens and improve public outreach before approving new industrial permits. The bill will change how Virginia protects low-income communities and communities of color that often face heavy industrial pollution. The bill does not authorize agencies to deny permits on the basis of cumulative impacts2 on EJ communities. However, concerns about cumulative impacts may prolong or complicate the application process.
What is HB 1266?
HB 1266 requires the Virginia Department of Environmental Quality (VADEQ) to publish an updated version of their draft guidance memo, “Guidance Memo No. 23-XXXX – Environmental Justice in the Permitting Process, Dated TBD 2023” to address community outreach strategies and the cumulative impacts of permitted activities. The guidance memo’s core purpose was to implement the mandates of the 2020 Virginia Environmental Justice Act (VEJA) by integrating fair treatment and meaningful involvement of marginalized communities into the state’s air, water, and waste permitting processes. However, the 2023 draft guidance document was never finalized.
As part of updating the EJ Guidance Document, VADEQ must re-assess how it will address cumulative impacts on the type of permits covered by the existing draft guidance memo, as well as revisit and revamp outreach strategies. To accomplish this, VADEQ can look beyond an individual facility’s potential to emit (PTE) and other environmental impacts when considering permit applications, requiring applicants to evaluate how the “potential disproportionate share of any negative environmental consequence” or cumulative impacts affect an identified EJ or fenceline area’s overall health. Additionally, the applicant is responsible for encouraging civic engagement and substantial community outreach rather than routine municipal notification. Impacted communities will be provided with the opportunity to voice their concerns regarding pollution, health disparities, and elevated cancer risks in overburdened neighborhoods.
HB 1266 also establishes a structured timeline for public input and agency response, including holding two public town halls by July 31, 2026. One town hall was held on July 22, 2026, and the other was held on July 29, 2026. VADEQ has until October 31, 2026, to respond to public comments and until December 31, 2026, to issue the final EJ permitting process guidance memo.
What Should Industry Stakeholders Do Now?
In preparation for implementation of HB 1266 and HB 256, industry applicants should be mindful in their site selection for new industrial projects. These policies could impact existing facilities with EJ or fenceline areas. To determine if a facility is located within or near an EJ or fenceline community, visit the VADEQ EJ Mapping Tool. Applicants can reduce the likelihood of prolonged public conflict, regulatory friction, and subsequent litigation by accounting for existing regional pollution early in the application process. Projects should consider implementing additional controls as a proactive mitigation measure, proactively consider air quality modeling with respect to the National Ambient Air Quality Standards and air toxics. When building a project timeline and project scope, applicants should also plan for extensive public outreach requirements in the early stages of permitting, along with a longer public comment review process on the back end of receiving a draft permit.
ALL4 is tracking federal and state-related EJ developments across the United States and has experience navigating projects through EJ requirements. ALL4 can offer strategic advice on stakeholder engagement, agency requirements, and community related concerns as your project evolves. Contact Caira Flanagan (cflanagan@all4inc.com) or Joe Sabato (jsabato@all4inc.com) to talk through how this legislation or activity in another state could affect your projects.
1A fenceline community is defined in the Code of Virginia as “an area that contains all or part of a low-income community or community of color and that presents an increased health risk to its residents due to its proximity to a major source of pollution.”
2Cumulative Impacts are defined by the United States Environmental Protection Agency as, “the totality of exposures to combinations of chemical and nonchemical stressors and their effects on health, well-being, and quality of life outcomes.”
