VirginiaSB3862026 Regular SessionSenateWALLET

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

Sponsored By: Richard H. Stuart (Republican)

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 HB 1443.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

New sludge fees and financial safeguards

Permit applicants pay a $5,000 fee for a new permit. Reissuing, amending, or modifying a permit for an existing site costs up to $1,000 when the holder requests it. The Board also sets a per‑dry‑ton land‑application fee; applicators must tell generators the estimated fee, collect it, and send it to the Department. All fee money goes to the Sludge Management Fund to run the program and reimburse localities with testing ordinances. Permit holders must also show financial responsibility to cover cleanup, injury, and property damage from sludge transport, storage, or application.

PFAS testing and limits on sludge

Beginning January 1, 2027, treatment works that land apply, market, or distribute sludge must sample for PFAS using EPA Method 1633. In 2027 they sample monthly, then at least quarterly and send results within 10 days. Starting July 1, 2027, if the 12‑month average PFOS or PFOA is 50 µg/kg or more, land application stops until levels drop; 25 to under 50 µg/kg limits application to 3 dry tons per acre or a Department‑approved risk plan, and a single result over 75 µg/kg needs quick resampling. Beginning July 1, 2029, the same limits apply to combined PFOS+PFOA. The Department updates permits to add these terms, publishes a reader‑friendly data format by October 1, 2026, and delivers PFAS‑reduction recommendations by November 1, 2027.

Stronger rules for land applying sludge

The law requires a current state permit to land apply, market, or distribute sewage sludge, and it needs the landowner’s written consent. Sludge must be treated before delivery, and no one may change its makeup at the site. Land disposal of lime‑stabilized or unstabilized septage is banned. Permit holders must give 100 days’ written notice to the local government and 14 days’ notice to the Department before applying. The Department runs unannounced inspections and the Board sets protective rules, including site standards, recordkeeping, public notice, a searchable complaint database, and plans for storage and storm events. Soil may need surface incorporation when practicable; where not, extended buffer zones apply. Local certification is required to permit sludge storage sites, and a no‑response after 30 days counts as consistent.

More local control and sludge testing

Localities may require testing and monitoring of sludge application and can get reimbursement from the Sludge Management Fund. The Department trains local staff, and trainees must finish the course before the locality can be reimbursed. Zoning may restrict sludge storage and require a special exception, but not on‑farm storage for on‑farm use for up to 45 days. Any person may ask the Department to sample sludge at a site before application; the requester pays for sampling and lab work.

Short-term research exemption for colleges

Public colleges and universities may land apply sludge for research without a permit until July 1, 2030. They must notify the Department and adjoining property owners at least 30 days before. They must follow setback and recordkeeping rules.

Sponsors & Cosponsors

Sponsor

  • Richard H. Stuart

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 228 • No: 35

Senate vote 3/10/2026

House substitute with amendments agreed to by Senate

Yes: 40 • No: 0

House vote 3/6/2026

Passed House with substitute with amendments

Yes: 86 • No: 12

House vote 2/25/2026

Reported from Agriculture, Chesapeake and Natural Resources with substitute

Yes: 22 • No: 0

Senate vote 2/17/2026

Read third time and passed Senate

Yes: 27 • No: 13

Senate vote 2/16/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/16/2026

Committee substitute rejected (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 35 • No: 0

Senate vote 2/12/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 3 • Other: 2

Senate vote 2/10/2026

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

Yes: 8 • No: 7

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0854)

    4/13/2026Governor
  2. Approved by Governor-Chapter 854 (Effective - see bill)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB386)

    3/31/2026Senate
  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

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB386ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. House substitute with amendments agreed to by Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Fiscal Impact Statement from Department of Planning and Budget (SB386)

    3/6/2026Senate
  12. Passed House with substitute with amendments (86-Y 12-N 0-A)

    3/6/2026House
  13. Engrossed by House - committee substitute as amended

    3/6/2026House
  14. Delegate Lopez Floor amendments agreed to

    3/6/2026House
  15. committee substitute agreed to

    3/6/2026House
  16. Read third time

    3/6/2026House
  17. Passed by for the day

    3/5/2026House
  18. Passed by for the day

    3/4/2026House
  19. Passed by for the day

    3/3/2026House
  20. Passed by for the day

    3/2/2026House
  21. Floor Offered

    3/2/2026House
  22. Moved from Uncontested Calendar to Regular Calendar

    3/2/2026House
  23. Read second time

    2/27/2026House
  24. Committee substitute printed 26108629D-H1

    2/25/2026House
  25. House committee offered

    2/25/2026House

Bill Text

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