HB 1443 (Lopez) as introduced, would have required any owner of a sewage treatment works that is land applying, marketing or distributing sewage sludge in the Commonwealth to collect a sample of finished sewage sludge product quarterly and have such sample analyzed by a laboratory for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill would have restricted or prohibited applying biosolids to land through a very stringent tiered system.
VACo opposes the introduced version of HB 1443 as the disposal requirements in the introduced bill have the potential to place a large fiscal impact on wastewater facilities and local governments across the Commonwealth.
HB 1443 was substituted during its hearing in the House Chesapeake Subcommittee and includes favorable language.
- Monthly PFAS testing of biosolids monthly beginning in 2027; quarterly beginning in 2028
- Starting July 1, 2027, biosolids land application will be regulated as follows based on 12-month average PFOS or PFOA concentrations
- ≥ 50 µg (microgram)/kg: Land application prohibited. Owner must arrange alternative treatment/disposal until subsequent testing confirms levels drop below 50 µg/kg.
- ≥ 25 but < 50 µg/kg: Land application limited to 3 dry tons/acre. Permit holder must notify landowners of PFOS/PFOA concentrations via email or mail.
- < 25 µg/kg (both PFOS and PFOA): Land application permitted per existing permit with no additional requirements. Permit holder must notify landowners of PFOS/PFOA concentrations via email or mail.
The bill also requires the Department to convene a work group to study the occurrence of PFAS in sewage sludge intended for land application in Virginia and report any recommendations by November 1, 2027. HB 1443 would go on to pass the House of Delegates by a vote of 67-29 and is waiting to be heard in the Senate.
VACo thanks Delegate Lopez for working with us and other stakeholders, hearing our concerns and amending the bill to be more favorable to localities and wastewater utilities. VACo currently has no position on the bill.
SB 386 (Stuart), as previously reported, is a similar PFAS bill that VACo has been following. SB 386 passed the Senate by a vote of 27-23 and will be heard Wednesday in the House Agriculture, Chesapeake and Natural Resources Committee.
VACo Contact: James Hutzler