VirginiaSB1382026 Regular SessionSenate

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

Sponsored By: Jeremy S. McPike (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 HB 938.

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Bill Overview

Analyzed Economic Effects

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

PFAS tests required at key facilities

The state environmental agency can require quarterly PFAS discharge tests at facilities that may affect public water sources. The agency gives three months’ notice. Testing runs for one year to map discharges, and results must be reported. It covers PFAS makers and users such as metal finishing, semiconductors, paper or packaging, textiles and leather, centralized waste treatment, industrial laundries, groundwater cleanup dischargers, airports, fire training sites, landfills, and other similar sites the agency identifies. The agency can stop the remaining quarterly tests if the first two quarters are below the lab detection level.

Public wastewater plants must track PFAS

Public wastewater plants must make listed industrial users run quarterly PFAS discharge tests for one year. Users must send results to the plant within 30 days after they get them from the lab. If the first two quarters are below the lab detection level, the plant can stop the remaining quarterly tests that year. If any PFAS is detected in the first year, the user keeps testing every quarter; after two straight quarters below detection, the plant can cut testing to once a year. New users must complete testing within 90 days of starting to discharge and report results within 30 days after lab receipt. Plants must send the results they get to the state agency every quarter, and within 30 days of the law taking effect they must notify covered users to submit initial results, which are due within the same 30 days.

Who counts as using PFAS and test rules

The law defines using PFAS as intentionally using PFAS as an ingredient or as a production aid or additive. Examples include wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, and flame retardants. Just having equipment that contains PFAS does not count. 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 cannot require special lab certification just to use Method 1633.

Sponsors & Cosponsors

Sponsor

  • Jeremy S. McPike

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 247 • No: 0

House vote 3/5/2026

Passed House Block Vote

Yes: 95 • No: 0

House vote 3/2/2026

Reported from Appropriations

Yes: 22 • No: 0

House vote 2/25/2026

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

Yes: 22 • No: 0

Senate vote 2/13/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 2/12/2026

Agriculture, Conservation and Natural Resources Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/11/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/11/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/10/2026

Reported from Finance and Appropriations

Yes: 15 • No: 0

Senate vote 2/3/2026

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

Yes: 14 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0710)

    4/13/2026Governor
  2. Approved by Governor-Chapter 710 (effective 7/1/2026)

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

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Signed by Speaker

    3/12/2026House
  6. Fiscal Impact Statement from Department of Planning and Budget (SB138)

    3/11/2026Senate
  7. Bill text as passed Senate and House (SB138ER)

    3/11/2026Senate
  8. Enrolled

    3/11/2026Senate
  9. Signed by President

    3/11/2026Senate
  10. Passed House Block Vote (95-Y 0-N 0-A)

    3/5/2026House
  11. Read third time

    3/5/2026House
  12. Read second time

    3/4/2026House
  13. Reported from Appropriations (22-Y 0-N)

    3/2/2026House
  14. Assigned HAPP sub: Commerce Agriculture & Natural Resources

    2/26/2026House
  15. Reported from Agriculture, Chesapeake and Natural Resources and referred to Appropriations (22-Y 0-N)

    2/25/2026House
  16. Referred to Committee on Agriculture, Chesapeake and Natural Resources

    2/18/2026House
  17. Read first time

    2/18/2026House
  18. Placed on Calendar

    2/18/2026House
  19. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    2/13/2026Senate
  20. Agriculture, Conservation and Natural Resources Substitute agreed to

    2/12/2026Senate
  21. Engrossed by Senate - committee substitute Block Vote (Voice Vote)

    2/12/2026Senate
  22. Read second time

    2/12/2026Senate
  23. Passed by for the day Block Vote (Voice Vote)

    2/11/2026Senate
  24. Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

    2/11/2026Senate
  25. Rules suspended

    2/11/2026Senate

Bill Text

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