General Assembly Advances PFAS Legislation
Executive Overview During the 2026 session, the Virginia General Assembly advanced a coordinated PFAS regulatory pathway. Virginia lawmakers adopted a monitor‑and‑manage framework that provides for testing, reporting, tiered restrictions, and long‑term management planning. The legislation reflects the universal and growing concern about PFAS while attempting to balance environmental protection, its use as a beneficial agricultural use to farmers, and wastewater system feasibility. The key measures are now enrolled and awaiting action by Governor Abigail Spanberger.
HB 1443 (Lopez) / SB 386 (Stuart) These companion bills establish Virginia’s first comprehensive regulatory framework for PFAS in biosolids. Biosolids are nutrient-rich organic materials derived from treated sewage sludge, the byproduct of domestic wastewater treatment. They are treated to meet strict federal and state standards (pathogen reduction) to be safely used as fertilizer or soil conditioners, benefiting agricultural land, forests, and home gardens.
As passed by the General Assembly, the bills require:
-Mandatory PFAS testing: Any sewage treatment works that land‑applies, markets, or distributes biosolids in Virginia must test for PFAS monthly beginning January 1, 2027, with the option to reduce to quarterly testing with DEQ approval. Out‑of‑state facilities supplying biosolids to Virginia are held to the same standard.
-Tiered land‑application restrictions based on PFAS levels: Beginning July 1, 2027, land application is governed by a three‑tier system based on rolling 12‑month averages of PFOS or PFOA concentrations:
≥ 50 µg/kg (greater than or equal to 50 micrograms per kilogram): Land application prohibited; alternative disposal required
25–49 µg/kg (25 to 49 micrograms per kilogram): Application limited (3 dry tons/acre) with mandatory landowner notification
< 25 µg/kg (less than 25 micrograms per kilogram): Land application permitted under existing permits, with notification requirements
A single high reading above a defined threshold triggers immediate retesting, and repeated exceedances halt land application entirely.
Starting July 1, 2029, the same tiered structure applies to the combined concentration of PFOS and PFOA rather than measuring them separately. Additionally, the Department of Environmental Quality (DEQ) must convene a PFAS work group (or use the existing PFAS Expert Advisory Committee) to study sampling, treatment, and reduction strategies, with recommendations due to the Governor and General Assembly by November 1, 2027.
This legislation places Virginia among a growing number of states moving to regulate PFAS in biosolids. This legislation creates enforceable thresholds, transparency for landowners, and a pathway for gradual tightening of standards as science and treatment options evolve.
PFAS Monitoring in Industrial Wastewater: SB 138 (McPike) / HB 938 This bill targets PFAS before it concentrates in biosolids, by regulating industrial contributors to publicly owned treatment works (POTWs). Key provisions include:
-Mandatory quarterly PFAS monitoring: Certain new or industrial users of POTWs must conduct quarterly PFAS discharge monitoring for an initial one‑year characterization period and submit results to the POTW within 30 days of receipt from the laboratory.
-Ongoing monitoring if PFAS is detected: If PFAS is detected above the method detection limit during the first year, the industrial user must continue quarterly monitoring beyond the initial period.
-State‑level reporting: POTWs receiving PFAS data must report results to DEQ on a quarterly basis, creating a statewide dataset on PFAS industrial sources.
This measure shifts part of the PFAS burden upstream to industrial sources, improving DEQ’s ability to identify contributors and inform future discharge limits or treatment requirements. It complements the biosolids framework by addressing PFAS earlier in the wastewater cycle.
Monitoring: HB 1072 (Laufer) Clarifies that counties, cities, and towns in Virginia may, by ordinance, test and monitor the land application of biosolids within their own boundaries. The bill is not limited to contaminants already listed in state permit regulations, but extends to emerging toxic substances, including PFAS, provided that testing uses EPA‑approved methods. HB 1072 does not establish new statewide PFAS limits or alter DEQ’s permitting authority. Any local testing costs are borne by the locality and are not eligible for reimbursement from the DEQ managed Sludge Management Fund.
Related PFAS Action: Airport Firefighting Foam SB 293 (Aird): While more narrowly focused, this enrolled bill directs the Capital Region Airport Commission to develop a plan to discontinue PFAS‑based firefighting materials at Richmond International Airport by January 1, 2030, with a required report to the Virginia Aviation Board. This reflects legislative concern over PFAS contamination linked to firefighting foam.
Summary
Taken together, the 2026 PFAS legislation marks a proactive and constructive advancement in Virginia’s environmental policy. The General Assembly’s actions:
-Expand statewide transparency and accountability through mandatory PFAS monitoring
-Establish clear regulatory guardrails that support responsible management and continuous improvement
-Demonstrate Virginia’s commitment to transitioning from research to effective, practical implementation of PFAS controls
Create a strong foundation for future refinements as technology evolves, more research is completed, and environmental data grows.
All these measures are awaiting the Governor’s signature and, if enacted, will expand DEQ’s role in PFAS oversight across wastewater and industrial sectors.