VirginiaHB14432026 Regular SessionHouse

Owners of sewage treatment works; land application, marketing, or distributing of sewage sludge.

Sponsored By: Alfonso H. Lopez (Democratic)

Signed by Governor

Summary

Owners of sewage treatment works; land application, marketing, or distribution of sewage sludge; perfluoroalkyl and polyfluoroalkyl substances; testing requirements. Directs any owner of a sewage treatment works land applying, marketing, or distributing sewage sludge in the Commonwealth, beginning January 1, 2027, to collect representative samples of the sewage sludge intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill mandates certain outcomes for the land application of such sewage sludge depending on the concentration of PFAS in such sewage sludge. The bill directs the Department of Environmental Quality to modify all Virginia Pollution Abatement permits for the land application of sewage sludge and Virginia Pollutant Discharge Elimination System permits for sewage treatment works that include sewage sludge prepared for land application, marketing, or distribution as soon as practicable. The bill requires the Department to utilize the PFAS Expert Advisory Committee (PEAC) or convene a work group to study and recommend approaches to reduce the occurrence of PFAS in sewage sludge intended for land application within the Commonwealth. The Department is required to report the recommendations of the PEAC or work group to the Governor and the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by November 1, 2027. This bill is identical to SB 386.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 0 benefits, 2 costs, 5 mixed.

Stronger safeguards and limits for farm sludge

Beginning July 1, 2027, sludge averaging at least 50 micrograms per kilogram of either PFOS or PFOA cannot be land applied, marketed, or distributed. These averages cover a rolling 12-month period. Owners must arrange other treatment, use, or disposal until the average falls below 50. At 25 to under 50, application is limited to 3 dry tons per acre, without exceeding the nutrient-plan rate, until the average falls below 25. Instead, permit holders can seek state approval for another risk-management plan submitted at least two weeks before application. A single result over 75 requires prompt retesting; a second result over 75 requires other treatment, use, or disposal until a later result is below 50. Beginning July 1, 2029, the limits and retesting rules use combined PFOS and PFOA levels. Below 25, permits apply without extra PFAS-specific requirements. For sludge below 50, landowners must receive readable results for PFOS, PFOA, and other target chemicals at least two weeks before application. Blended sludge is assessed through a calculation based on each source's mass and concentration, without further testing.

Sludge owners face new chemical testing

Beginning January 1, 2027, treatment-works owners must collect representative samples of sludge intended for land application, marketing, or distribution in Virginia. An accredited laboratory must test for PFAS using EPA Method 1633, an applicable revision, or another state-allowed, EPA-approved method. Sampling must occur at least monthly through December 31, 2027. After 2027, the state can approve less frequent sampling, but never less than quarterly. Owners must send PFOS, PFOA, and other target-chemical results to the state and each land applier within 10 days of receipt. Permit holders using out-of-state sludge must also provide analyses that meet these requirements.

Sludge generators pay new per-ton fees

Beginning January 1, 2027, Board regulations must require a fee for each dry ton of sludge land applied in Virginia under permit. The land applier must tell the generator the estimated fee in advance unless notice is waived. The land applier collects payment from the generator and sends it to Virginia's Department of Environmental Quality. Receipts go into the Sludge Management Fund for uses allowed by law. The provided text does not state the per-ton amount.

Local sludge controls preserve short farm storage

Beginning January 1, 2027, localities can reasonably restrict sludge storage through zoning rules tied to health, safety, welfare, and the environment. They can require special-use permits or special exceptions, even in agricultural zones. Applicants for state storage permits, variances, or permit changes must first meet applicable local requirements. Local ordinances cannot restrict sludge stored on a farm solely for application there for no more than 45 days.

Local sludge monitors get training with fees

Beginning January 1, 2027, Virginia's Department of Environmental Quality must establish training for local employees who test and monitor sludge land application. Localities with qualifying monitoring ordinances can request reimbursement for an employee's work only after that employee successfully completes training. The Department can charge attendees a reasonable fee covering actual training costs. The Sludge Management Fund can reimburse that training fee.

New handling safeguards for farm sludge

Beginning January 1, 2027, treatment-works owners must follow a valid state pollution permit to land apply, market, or distribute sludge. Sludge must meet state treatment standards before delivery to a land-application site. Its composition cannot be changed at approved application sites, apart from limited exceptions for lime or deodorants. The Board must set wider buffers for hay, pasture, forestland, and cropland where mixing sludge into soil is impractical or conflicts with a qualifying conservation plan. Mixing into cropland soil can be required when practical and compatible with a plan meeting federal Natural Resources Conservation Service standards. State officials or local monitors can allow site-specific permit buffers instead when needed to protect odor-sensitive people or places.

Public colleges get limited sludge research exemptions

Beginning January 1, 2027, research projects on land owned and operated by Virginia public colleges or universities are exempt from sludge land-application permitting requirements. Institutions must notify the state and every adjoining property owner at least 30 days before application. State setback and recordkeeping rules still apply. The exemption ends July 1, 2030.

Sponsors & Cosponsors

Sponsor

  • Alfonso H. Lopez

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 275 • No: 60

House vote • 3/11/2026

Senate substitute agreed to by House

Yes: 74 • No: 24

Senate vote • 3/10/2026

Agriculture, Conservation and Natural Resources Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/10/2026

Passed Senate with substitute Block Vote

Yes: 40 • No: 0

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/6/2026

Reported from Finance and Appropriations

Yes: 14 • No: 0

Senate vote • 3/3/2026

Reported from Agriculture, Conservation and Natural Resources with substitute and rereferred to Finance and Appropriations

Yes: 15 • No: 0

House vote • 2/17/2026

Read third time and passed House

Yes: 67 • No: 29

House vote • 2/11/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute

Yes: 17 • No: 5

House vote • 2/9/2026

Subcommittee recommends reporting with substitute

Yes: 8 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0853)

    4/13/2026Governor
  2. Approved by Governor-Chapter 853 (Effective - see bill)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB1443)

    4/1/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB1443ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Senate substitute agreed to by House (74-Y 24-N 0-A)

    3/11/2026House
  11. Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  12. Agriculture, Conservation and Natural Resources Substitute agreed to

    3/10/2026Senate
  13. Engrossed by Senate - committee substitute

    3/10/2026Senate
  14. Read third time

    3/10/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  17. Rules suspended

    3/9/2026Senate
  18. Fiscal Impact Statement from Department of Planning and Budget (HB1443)

    3/6/2026House
  19. Reported from Finance and Appropriations (14-Y 0-N)

    3/6/2026Senate
  20. Committee substitute printed 26108622D-S1

    3/4/2026Senate
  21. Assigned HACNR sub: Water Usage

    3/3/2026Senate
  22. Senate subcommittee offered

    3/3/2026Senate
  23. Reported from Agriculture, Conservation and Natural Resources with substitute and rereferred to Finance and Appropriations (15-Y 0-N)

    3/3/2026Senate
  24. Referred to Committee on Agriculture, Conservation and Natural Resources

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

    2/18/2026Senate

Bill Text

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