VirginiaHB9382026 Regular SessionHouse

PFAS monitoring; DEQ to require for industrial wastewater source, publicly owned treatment works.

Sponsored By: Nadarius E. Clark (Democratic)

Signed by Governor

Summary

Department of Environmental Quality; industrial wastewater; publicly owned treatment works; PFAS monitoring. Directs every publicly owned treatment works (POTW) to require certain new or industrial users of such POTW to perform and report to such POTW no later than 30 days after receipt from a laboratory the results as received of quarterly discharge monitoring for perfluoroalkyl and polyfluoroalkyl substances (PFAS) for an initial characterization period of one year, provided, however, that such POTW may discontinue remaining quarterly monitoring by an industrial user with proper monitoring results that are below the method detection level for the first two quarters. If an industrial user detects PFAS in any amount above the detection method limit in its initial year of quarterly monitoring, the bill requires such industrial user to continue to perform and report to the POTW no later than 30 days after receipt from the laboratory the results as received of quarterly discharge monitoring for PFAS. The bill requires a POTW that receives PFAS monitoring results to report such results to the Department of Environmental Quality on a quarterly basis. Finally, the bill directs any POTW to notify an owner or operator of an industrial user subject to the monitoring requirements of the bill of the requirement to submit the initial quarterly monitoring results for PFAS within 30 days of the effective date of the bill. This bill is identical to SB 138.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Facilities face new PFAS water testing

Virginia requires covered facilities to test their discharges for PFAS chemicals every quarter for an initial year. Two programs apply: state monitoring of potential drinking-water pollution sources and monitoring of industrial users of public wastewater treatment plants. For state monitoring, the Department of Environmental Quality must give facilities three months’ advance notice. It must identify them as potentially significant PFAS sources in a public water system’s untreated water supply. Facilities must take samples that represent their discharges and report results promptly as they receive them. The Department may stop remaining tests when the first two quarters’ results are below the test’s detection level. Both programs cover PFAS manufacturers and specified businesses using PFAS: metal finishing, electroplating, semiconductor, circuit board, paper, packaging, and textile businesses. Covered textile businesses include mills, tanneries, and leather, fabric, or carpet treaters. Both programs also cover centralized industrial waste treatment facilities and industrial laundries classified under industry code 812332. Airports, military air bases and stations, fire training sites, landfills, and other suspected PFAS sources are also covered. State monitoring requires a reasonable basis to believe contamination from those sites significantly affects treated drinking-water levels. State monitoring also covers facilities subject to existing PFAS self-reporting rules, other suspected PFAS users or manufacturers, and certain groundwater-remediation discharges. Those remediation discharges must fall under the specified state general permit. Public wastewater plants must require covered current and new industrial users to test and report. Users must report results within 30 days after receiving them from the laboratory. New users must submit monitoring results within 90 days after starting discharges. Users detecting PFAS above the detection level during the initial year must continue quarterly testing. Plants may reduce testing to yearly after two consecutive quarters below the detection level. They may also stop remaining first-year tests when the first two quarters are below that level. Plants must send all results to the Department quarterly in its required format. Within 30 days after the law takes effect, plants must notify affected users, and initial quarterly results must be submitted. PFAS use means intentional use as a product ingredient or process aid, not merely using equipment containing PFAS. Tests must use EPA Method 1633 or another EPA-approved method allowed by the Department. Reports must include every PFAS measured. The Department cannot require environmental laboratory certification or accreditation specifically for Method 1633. These rules preserve existing authority to regulate PFAS discharges under other laws.

Sponsors & Cosponsors

Sponsor

  • Nadarius E. Clark

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 255 • No: 9

Senate vote • 3/9/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 3/5/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/5/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote • 3/4/2026

Reported from Finance and Appropriations

Yes: 15 • No: 0

Senate vote • 2/24/2026

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

Yes: 14 • No: 0

House vote • 2/17/2026

Read third time and passed House

Yes: 88 • No: 7

House vote • 2/13/2026

Reported from Appropriations

Yes: 22 • No: 0

House vote • 2/13/2026

Subcommittee recommends reporting

Yes: 7 • No: 0

House vote • 2/11/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute and referred to Appropriations

Yes: 20 • No: 2

House vote • 2/9/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0709)

    4/13/2026Governor
  2. Approved by Governor-Chapter 709 (effective 7/1/2026)

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

    3/25/2026Governor
  4. Enrolled Bill communicated to Governor on March 25, 2026

    3/25/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB938)

    3/16/2026House
  6. Bill text as passed House and Senate (HB938ER)

    3/14/2026House
  7. Enrolled

    3/14/2026House
  8. Signed by President

    3/14/2026Senate
  9. Signed by Speaker

    3/14/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/9/2026Senate
  11. Read third time

    3/9/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  13. Passed by for the day Block Vote (Voice Vote)

    3/5/2026Senate
  14. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/5/2026Senate
  15. Rules suspended

    3/5/2026Senate
  16. Reported from Finance and Appropriations (15-Y 0-N)

    3/4/2026Senate
  17. Reported from Agriculture, Conservation and Natural Resources and rereferred to Finance and Appropriations (14-Y 0-N)

    2/24/2026Senate
  18. Fiscal Impact Statement from Department of Planning and Budget (HB938)

    2/23/2026House
  19. Referred to Committee on Agriculture, Conservation and Natural Resources

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

    2/18/2026Senate
  21. Read third time and passed House (88-Y 7-N 0-A)

    2/17/2026House
  22. Engrossed by House - committee substitute

    2/16/2026House
  23. committee substitute agreed to

    2/16/2026House
  24. Read second time

    2/16/2026House
  25. Read first time

    2/15/2026House

Bill Text

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