VirginiaHB14432026 Regular SessionHouseWALLET

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

Sponsored By: Alfonso H. Lopez (Democratic)

Became Law

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

6 provisions identified: 1 benefits, 1 costs, 4 mixed.

New fees and proof of coverage

A new permit costs $5,000. Reissuance or amendments started by the holder cost up to $1,000. A per‑dry‑ton fee applies; the applicator must bill the generator and send the money to the state. All fees go to the Sludge Management Fund to pay DEQ/DCR program and local testing reimbursements and do not replace general funding. Permit holders must show financial responsibility to cover cleanup, injuries, and property damage.

Permits and bans for sludge spreading

Owners must have a valid state permit to land apply, market, or distribute sewage sludge. Sludge must be properly treated before delivery, and no one may change its makeup at an approved site. Land disposal of lime‑stabilized or unstabilized septage is banned. Permit applications must include the landowner’s written consent for the property.

Stronger state rules for sludge spreading

The Board sets rules to ensure sludge is treated and applied safely and kept out of state waters. Permit amendments that raise permitted acres by 50% or more are treated like new applications. Health and conservation agencies have 30 days to comment before permits are issued. DEQ can add site‑specific conditions (like buffers, routes, timing) and will do random, unannounced inspections during application. The Board sets extended buffers where mixing into soil is not practical, and may require soil incorporation when it is practical and fits a USDA NRCS plan.

Local oversight, zoning, and notices

Cities and counties can adopt rules to test and monitor sludge spreading. DEQ trains local staff; after training, localities can seek reimbursement for testing costs. Local zoning can limit storage or require special permits; farms may store sludge on‑farm for later use for up to 45 days. Permit holders must give 100 days’ written notice to local leaders before starting at listed sites and 14 days’ notice to DEQ. Any resident can ask DEQ to sample sludge at a site before spreading and must pay the lab costs.

PFAS testing and limits for biosolids

Beginning January 1, 2027, sewage‑treatment owners test sludge for PFAS each month in 2027 and at least quarterly after, and send results to DEQ and applicators within 10 days. Starting July 1, 2027, if the rolling yearly average of PFOS or PFOA is 50 µg/kg or more, land application stops; at 25–49 µg/kg, rates drop to 3 dry tons/acre or follow an approved plan. Any single result over 75 µg/kg needs a quick retest and may require alternative disposal. On July 1, 2029, the same rules apply to the combined PFOS+PFOA level. Blended sludge uses a mass‑balance calculation. DEQ updates permits quickly to match these rules, keeps full authority over PFAS, and publishes a reader‑friendly data format by October 1, 2026. A PFAS expert group reports recommendations by November 1, 2027.

College research projects exempt through 2030

Public colleges can land‑apply sludge for research on land they own without the usual permits until July 1, 2030. They must give DEQ and each neighbor at least 30 days’ notice and follow setback and recordkeeping rules in 9VAC25‑32.

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

Passed Senate with substitute Block Vote

Yes: 40 • No: 0

Senate vote 3/10/2026

Agriculture, Conservation and Natural Resources Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • 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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