VirginiaHB652026 Regular SessionHouseWALLET

Apple Board; repealing Board and Apple Fund effective July 1, 2028, delayed effective date, report.

Sponsored By: Dan I. Helmer (Democratic)

Became Law

Summary

Apple Board; repeal. Repeals the Apple Board and Apple Fund effective July 1, 2028, and provides that any funds remaining in the Apple Fund as of July 1, 2028, shall be transferred to the Governor's Agriculture and Forestry Industries Development Fund. The bill provides that the excise tax levied on apples grown in the Commonwealth shall not be collected for the 2026 harvest season and requires the chair of the Apple Board to file a report with the Commissioner of Agriculture and Consumer Services no later than June 30, 2028, with a statement of total receipts and disbursements of the Apple Board for the fiscal year ending June 30, 2028. This bill is identical to SB 390.

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 12 benefits, 0 costs, 4 mixed.

Apple tax ends, Board sunsets

Virginia stops collecting the apple excise tax after July 1, 2026. The Apple Board’s laws and powers end on July 1, 2028. Starting July 1, 2026, current Board members serve until July 1, 2028; only vacancies to finish unexpired terms can be filled. Any money left in the Apple Fund on July 1, 2028 moves to the Governor’s Agriculture and Forestry Industries Development Fund.

Building plans and Fort Monroe privacy

You may keep engineering and construction drawings filed only for a building permit private until the building is finished. Safety and environmental details stay public. Private parties at Fort Monroe can request confidentiality for trade secrets and financial records tied to leases, permits, or similar agreements. Requests must be in writing and identify the records.

Audit submissions can stay confidential

If you give trade secrets or private financials to VDOT for an audit, investigation, or study, you can ask to keep them private. If you submit trade secrets to the State Inspector General for an audit or special investigation, you can also request protection. You must ask in writing, identify the records, and explain why. The agency issues a written decision on the scope of protection.

Bids and P3 talks kept private

In public buying and construction prequalification, you can mark trade secrets and proprietary data as private. In public‑private project talks, staff evaluations and marked business data can stay confidential. Franchise bidders can also protect new‑tech or financial capacity details. You must request protection in writing and identify the records.

Confidentiality for energy, housing, and training records

Private solar providers can keep proprietary information they share under a solar services agreement confidential under the public records law. Financial terms of those agreements still must be disclosed when required. Developers can keep financial records in local affordable‑housing loan files private if tied to a competitive HUD or VHDA application and public release would hurt their bargaining position; once HUD or VHDA makes them public, the locality cannot withhold them. Employers and sponsors can keep trade secrets, pay data, and private financials given to the Department of Workforce Development and Advancement for apprenticeship programs confidential.

Economic development and financing records private

Public bodies can keep confidential some records from recruiting or retaining businesses when disclosure would hurt bargaining. The Virginia Resources Authority can protect nonpublic proprietary and financial records it receives. Nonpublic financial statements filed with industrial development financing applications can be withheld.

Energy data and deals kept private

Private energy suppliers can keep nonpublic inventory and sales data given for state planning out of public records. Businesses that share proprietary data for solar service or carbon‑sequestration agreements can request confidentiality. You must ask in writing and explain why. The protection focuses on trade secrets and nonpublic financials.

Farm boards rules and apple data

Commodity board members serve four‑year terms, unless filling a vacancy. Boards elect a chair; members are unpaid but can be reimbursed for actual expenses from the board’s special funds. Apple producers’ sales data given to the State Apple Board stay private.

Grant and research applications kept private

Applicants to the Innovation Partnership Authority and DHCD can protect trade secrets, nonpublic financials, and unreleased research. The Tobacco Commission and the Health Research Board can keep proprietary application materials and staff evaluations confidential. Applicants should request this in writing and identify the records.

Protects farm commodity funds and rules

Money in listed farm commodity funds (like the Apple Fund, Peanut Fund, Plant Pollination Fund, and the Virginia Agricultural Foundation Fund) can only be used for each fund’s stated purpose. If a federal law or agreement clearly overrides a Virginia commodity assessment rule, the state does not enforce that rule while the federal rule is in place.

Health market filings kept confidential

Proprietary information that health carriers, PBMs, wholesalers, or manufacturers submit under listed laws is protected. Companies and providers can keep trade secrets given to Medicaid advisory bodies private. Carriers can also protect proprietary filings to the State Health Commissioner. These protections cover business‑sensitive and nonpublic data.

Telecom and wireless data protections

Local government telecom and cable providers can protect proprietary information when openness would harm their competitive position. Local wireless service authorities can do the same, while still releasing records required by law. Wireless carriers’ trade secrets related to E‑911 submissions remain confidential.

Transport, port, and space records private

DRPT and VDOT can keep some federally exempt rail and study data confidential. Airports seeking state aviation funds can protect proprietary financials with a written request. The Port Authority may withhold proprietary business records. The Space Flight Authority and private partners can protect rate and financial information when openness would hurt bargaining.

Environment and farm data rules

Trade secrets given to DEQ can be kept private if you ask in writing and identify them. If the Department believes you handle waste, you must provide plans and information on request; trade secrets stay nonpublic but can go to EPA if required. Agricultural landowners can keep proprietary data confidential, except in enforcement. Vendors can protect equipment‑approval submissions; fisheries data that reveal a person or vessel stay private; pre‑1992 confidential toxic‑substance filings remain confidential.

More reasons for closed meetings

Public bodies may meet in private for many listed topics. This applies now and runs through July 1, 2026. A similar list continues starting July 1, 2026. Topics include hiring, student issues, land deals, legal advice, procurement, economic development, and security briefings.

Some changes start July 1, 2028

Parts of the act have a delayed start. The first‑enactment provisions take effect on July 1, 2028. This sets when those changes begin.

Sponsors & Cosponsors

Sponsor

  • Dan I. Helmer

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 2

Senate vote 3/2/2026

Passed Senate

Yes: 40 • No: 0

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/24/2026

Reported from Agriculture, Conservation and Natural Resources

Yes: 11 • No: 2

House vote 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Agriculture, Chesapeake and Natural Resources

Yes: 22 • No: 0

House vote 1/21/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0023)

    3/31/2026Governor
  2. Approved by Governor-Chapter23 (Effective - see bill)

    3/31/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB65)

    3/9/2026House
  6. Bill text as passed House and Senate (HB65ER)

    3/6/2026House
  7. Enrolled

    3/6/2026House
  8. Signed by President

    3/6/2026Senate
  9. Signed by Speaker

    3/6/2026House
  10. Passed Senate (40-Y 0-N 0-A)

    3/2/2026Senate
  11. Passed by for the day

    2/27/2026Senate
  12. Read third time

    2/27/2026Senate
  13. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  14. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  15. Rules suspended

    2/26/2026Senate
  16. Reported from Agriculture, Conservation and Natural Resources (11-Y 2-N)

    2/24/2026Senate
  17. Referred to Committee on Agriculture, Conservation and Natural Resources

    2/4/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  19. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  20. Read second time and engrossed

    2/2/2026House
  21. Read first time

    1/30/2026House
  22. Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N)

    1/28/2026House
  23. Subcommittee recommends reporting (10-Y 0-N)

    1/21/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB65)

    1/21/2026House
  25. Assigned HACNR sub: Agriculture

    1/19/2026House

Bill Text

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