VirginiaHB9382026 Regular SessionHouseWALLET

Publicly owned treatment works; monitoring of PFAS.

Sponsored By: Nadarius E. Clark (Democratic)

Became Law

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

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

State-ordered PFAS testing near drinking water

The Department orders quarterly PFAS testing for one year at sites it sees as likely sources near raw drinking water. It gives at least three months’ notice before testing starts. Examples include PFAS makers, metal finishing shops, circuit board and chip plants, paper and packaging mills, textile and leather treaters, industrial laundries, centralized waste treatment sites, airports, fire-training sites, and landfills with PFAS contamination. Results must be reported promptly. If the first two quarterly tests show no PFAS above the detection limit, the Department can stop the remaining tests.

Wastewater plants must track PFAS discharges

Public wastewater plants must make certain industrial users test their discharges for PFAS every quarter for one year. Users must send results to the plant within 30 days of getting lab reports. New users must begin testing within 90 days after they start sending wastewater. If any PFAS is detected in the first year, quarterly testing continues; plants can cut testing to once a year only after two straight quarters with no PFAS. Plants must send PFAS results to the state every quarter and, within 30 days after the law took effect, had to notify covered users to submit their first results.

Standard PFAS tests and who must monitor

The law defines PFAS use as intentionally adding PFAS to a product or process. It does not count just having equipment that contains PFAS. Tests must use EPA Method 1633 or another EPA-approved method the state allows, and reports must list every PFAS the method measures. The state does not require special lab certification just to use Method 1633.

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

Subcommittee recommends reporting

Yes: 7 • No: 0 • Other: 1

House vote 2/13/2026

Reported from Appropriations

Yes: 22 • 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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