Sludge Bills - 2026 General Assembly Session
Thanks to everyone who participated in advocating for better policies this session. We accomplished much more this session on PFAS and biosolids than in any session prior.
Two of the three bills we helped champion made it through and have been signed into law!
Read below to follow the stories of the bills we worked on this session.
SB386 (Sen. Richard Stuart) Sewage sludge; perfluoroalkyl and polyfluoroalkyl substances testing requirements, civil penalty.
ORIGINAL BILL:
This bill requires that any VPA permit holder (that means the sludge spreader, like Synagro) must provide to a property owner a statement affirming their sludge does not have a trace of PFAS in it before they can spread it on that person’s land. It also establishes a civil penalty of $5,000 for each time the permit holder does not comply. If the farmer is the permit holder himself, and spreading it on his lands, then he is exempt from these provisions.
Senator Stuart may have introduced this bill just to “make a point,” knowing that the Farm Bureau and the sludge industry would kill it. But the point is: This bill is exactly what we need. It would force testing and transparency that DEQ has refused to do, so far. Since finding a trace of PFAS in any load of sewage sludge is almost a certainty, it would also act as a de facto moratorium on spreading it.
This bill is useful because it’s an opportunity to show that there is citizen support for exactly this kind of measure.
Read the text of the bill here: SB386 (Hint: click the “Highlight Proposed Changes” button on the upper left.)
STATUS 01.26.26:
Referred to Water Usage Subcommittee from Senate Committee on Agriculture, Conservation, and Natural Resources
STATUS 01.30.26
On the docket for 02.03.26 at 8:00am.
STATUS 02.12.26
Advanced through subcommittee and full Ag Committee. Assigned to Resources Subcommittee of Finances and Appropriations
STATUS 02.13.26
Senator Stuart made a last-minute change to appease DEQ’s fiscal concerns by removing the last two paragraphs (enactment clauses 2. and 3.), which let it pass by the Subcommittee without actually being voted on there.
STATUS 02.17.26
Passed the Senate! (27‑Y 13‑N 0‑A) The substitute that passed is different enough from the original that it now could be thought of as a companion bill to HB1443.
STATUS 03.07.26
SB386 is being passed by in favor of HB1443. On 03.06.26, HB1443 was reported out of the Senate Finance Committee and is in the queue for a vote in the Senate.
STATUS 04.03.26
HB1443/SB386 have been enrolled, signed by leaders of the House and Senate, and communicated to the Governor.
STATUS 04.14.26
Governor Spanberger approved the bill just before her deadline.
Analysis: Pros and Cons
Cons:
The numeric thresholds for PFAS that are in the bill were promoted by the wastewater treatment lobby and are not protective of human health and the environment. They are high enough that spreading will continue pretty much as usual.
Pros:
The bill establishes a regular PFAS testing regimen for sludge at treatment plants that’s intended for land application. This testing didn’t exist before.
The full results of the testing will be sent to the farmer or property owner that will be receiving the sludge at least two weeks in advance.
A work group will be convened to work through a number of issues that need resolution in order to move forward with changing this practice, including a closer examination of the adopted numeric thresholds.
HB1072 (Del. Amy Laufer) Local authority to test and monitor the land application of sewage sludge within its political boundaries.
This bill clarifies that local governments with a testing and monitoring program may test for PFAS and other toxic contaminants. DSOM worked closely with our partners at Potomac Riverkeeper Network to support Del. Laufer in patroning this bill.
Read the text of the bill here: HB1072 (Hint: click the “Highlight Proposed Changes” button on the upper left.)
We created a FACT SHEET to help constituents participate, along with these SAMPLE COMMENTS.
STATUS 01.25.26:
Referred to House Committee on Agriculture Chesapeake and Natural Resources
STATUS 01.31.26
Referred to Chesapeake subcommittee.
STATUS 02.12.26
An amended version made it through the full committee and was reported out to the House. You can read the amended version HERE.
STATUS 02.17.26
Passed the House! (62‑Y 34‑N 0‑A)
STATUS 02.21.26
Referred to Senate Agriculture, Conservation and Natural Resources Committee. Next Committee meeting should be Tuesday, Feb. 24. Until the docket appears HERE, we don’t know whether it will be heard nor whether public testimony will be accepted.
STATUS 02.24.26
Passed out of Water Usage Subcommittee and out of full committee, (9-Y, 5-N) reported to Finance.
STATUS 03.07.26
Reported out of Finance and awaiting a vote in the Senate.
STATUS 04.03.26
HB1072 passed the Senate, was enrolled, signed by leaders of the House and Senate, and communicated to the Governor.
STATUS 04.14.26
Governor Spanberger approved the bill just before her deadline.
Thank you to everyone who submitted comments during the House committee hearing process!
Analysis: Pros and Cons
Cons:
Originally, this bill was written with the intention of clarifying that localities could test for any number of hazardous substances, but it got narrowed to PFAS only. It also explicitly forbids reimbursement from the state’s sludge management fund for the costs of such testing.
Pros:
Counties are now free to include PFAS testing in their testing and monitoring programs.
Counties do not have to shoulder the costs of testing. There is nothing preventing them from charging a fee to the sludge appliers or the property owners.
Stating publicly that PFAS testing is a possibility may bring some more awareness of the issue to property owners and the public.
HB348 (Del. Ellen McLaughlin) Residential Well Water Testing and Treatment Program and Fund; established.
This bill establishes a fund ($3 million annually) to help low-income, rural residents get their well water tested for PFAS and, if water is found contaminated, to also help pay for an appropriate residential filtration system. This bill helps alleviate the inherent environmental inequity rural residents face. Residents of urban areas on municipal water systems are benefitting from testing and remediation at their water treatment plants, but users of well water have no such support to keep their drinking water free of PFAS.
Read the text of the bill here: HB348 (Hint: click the “Highlight Proposed Changes” button on the upper left.)
This FACT SHEET was created by our partner Wild Virginia.
STATUS 01.26.26:
Referred to Chesapeake Subcommittee from House Committee on Agriculture Chesapeake and Natural Resources. Subcommittee sent it on to Appropriations Committee, but it has to go through the full House Committee on Agriculture Chesapeake and Natural Resources, first, to get to Appropriations.
STATUS 01.28.26: Bill has been unanimously recommended to House Appropriations Committee. Assigned to Health and Human Resources Subcommittee.
STATUS 02.12.26: Tabled (killed) in Subcommittee. 5 Democrats voted to table it. 2 Republicans voted against tabling.