Environment

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 SB 138.

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 SB 386.

HB 1381 prohibits the use of bioslurry injection wells in designated groundwater management areas. Bioslurry - agricultural waste from livestock processing - is typically injected into the ground for disposal; this bill bans such wells in specific groundwater protection zones. It directly affects agricultural operations that rely on bioslurry injection for waste management within these areas. The key provision is a statewide ban on new bioslurry injection wells in designated groundwater zones, aiming to protect water resources from potential contamination.

Office of Working Lands Preservation; powers and duties; Forest Sustainability Fund. Adds management of the Forest Sustainability Fund to the powers and duties of the Office of Working Lands Preservation within the Department of Forestry. This bill is identical to HB 543.

Virginia Community Flood Preparedness Fund; loan and grant program; deferment of interest accrual and repayment obligations. Provides that for funds disbursed to localities, federally recognized tribes, and Virginia recognized tribes primarily for the purpose of implementing flood prevention and protection projects and studies in areas that are subject to recurrent flooding, interest on loans shall not accrue and repayment obligations shall not come into effect for loans or grants until completion of the project or study for which such funds are disbursed. This bill is a recommendation of the Joint Subcommittee on Recurrent Flooding.

Department of Environmental Quality; Chesapeake Bay Watershed Nutrient Credit Exchange Program; certain industrial stormwater permits; nutrient credits. Provides that for the purposes of the industrial stormwater general permit nutrient reduction compliance for calendar years 2025 and 2026, the term “nutrient credit” shall include nutrient credits generated by point sources in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program, subject to certain conditions. The bill requires the Department of Environmental Quality to (i) prioritize timely and appropriate enforcement actions in the case of any industrial stormwater permittee that fails to comply for calendar years 2025 and 2026 by achieving sufficient onsite nutrient reductions or acquiring sufficient point or nonpoint source nutrient credits and (ii) convene a work group to evaluate and recommend conditions and requirements to most effectively address industrial stormwater general permit nutrient reduction compliance in future calendar years and submit a report summarizing such evaluation and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than November 1, 2026.

Remediated Mine Gas Grant Program established; report. Directs the Department of Energy to establish the Remediated Mine Gas Grant Program to assist projects in the Commonwealth with capture and sequestration of remediated mine gas. The bill requires (i) the Department to award grants for the Program to taxpayers on a first-come, first-served basis, subject to appropriation by the General Assembly, and (ii) grant recipients to submit a report to the Department by October 1 of any year in which funds are made available for the Program. The bill also directs the Department to submit a report summarizing the information received from grant recipients to relevant committees of the General Assembly by January 1 after any year in which funds are made available for the Program.

Virginia Land Conservation Foundation. Allows the Virginia Land Conservation Board of Trustees to waive the requirement for a holder of a conservation easement to have such easement jointly held with a public body whenever such holder acquires any interest in land other than a fee simple interest from a grant or transfer from the Virginia Land Conservation Foundation, provided that such holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and the easement contains a third party right of enforcement, as defined in relevant law, in favor of the Department of Conservation and Recreation or another public body.

Board of Agriculture and Consumer Services; invasive plant species installation; written notification to property owners; civil penalty. Provides that the Board of Agriculture and Consumer Services may assess a civil penalty in an amount of not more than $250 for a first violation, $500 for a second violation, and $1,000 for each subsequent violation to any tradesperson involved with proposing or installing plants who fails to provide written notification to property owners when such plants are on the Department of Conservation and Recreation's list of invasive plant species. Current law provides that any such tradesperson who fails to provide such written notice is guilty of a Class 1 misdemeanor. This bill is identical to HB 710.

Electric utilities; renewable energy portfolio standard; zero-carbon electricity; accelerated clean energy buyers. Revises the conditions under which accelerated clean energy buyers, defined in existing law as accelerated renewable energy buyers, may contract with Appalachian Power or Dominion Energy Virginia to obtain renewable energy certificates (RECs). The bill exempts an accelerated clean energy buyer obtaining capacity, energy, or RECs from qualifying resources or facilities from the assignment of non-bypassable costs associated with compliance with the renewable portfolio standard program based on the amount and type of renewable energy certificates obtained in proportion to such accelerated clean energy buyer's total electric energy consumption. This bill incorporates SB 470. This bill is identical to HB 369.