Clean Water Legislation Had Some Wins in Maryland & Virginia Despite Tough Budget Year

Waterkeepers across the region work tirelessly in their local communities to ensure the right to clean water is protected. Each year, they work on legislation to further the goals of protecting drinking water and access to clean water, holding polluters accountable, promoting government transparency, investing in climate resiliency, and strengthening environmental justice laws. In addition, especially in a fiscally challenging year, they advocate for adequate state funding for environmental agencies, programs, and infrastructure. The recent massive sewage spill on the Potomac River illustrates the urgency of investing in infrastructure upgrades.

MARYLAND

The Maryland Waterkeepers coalesced around some top priorities to champion during the 2026 General Assembly session. It was another tough budget year in Maryland, making the budget a top priority for the conservation community, as well as the Waterkeepers. The Governor’s proposed Fiscal Year 2027 budget protected environmental funding at FY 2026 levels and recognized the importance of maintaining critical restoration investments. We are pleased that the budget passed by the General Assembly remained largely consistent with the Governor’s environmental funding allocations, in part due to the unified position of the conservation community across all sectors.

Protecting Farmlands & Water from PFAS in Sewage Sludge (SB719/HB925): Maryland made progress on addressing the urgent public health crisis caused by PFAS, the forever chemicals, but more needs to be done. SB719/HB925, passed by the General Assembly, sets limits on PFAS concentrations in sewage sludge used as fertilizer on farmland, requires source tracking when levels are elevated, and strengthens authority to control industrial discharges of PFAS at the source. The threshold of 25 ppb is higher than it needs to be to protect human health or substantially reduce PFAS in the environment. In addition, the farmer notification requirement is limited to sewage sludge containing levels of PFAS between 25 ppb and 50 ppb, unlike Virginia’s requirement of disclosure at any amount.

Phasing Out PFAS in Consumer Products Act (SB686/HB1022): This bill did not move forward this year and will be revisited next year. The bill would reduce the sources of PFAS and protect public health by establishing the phase out of products if they contain an intentionally added PFAS substance.

Maryland Beverage Container Recycling Refund and Litter Reduction Program (SB342/HB331): After another hard fought effort to pass the Bottle Bill, it did not move forward this year. In a bit of good news, the Joint Chairmen’s Report put the bottle bill on the “to do” list for MDE, requesting a report by December 1, 2026, on estimated costs and logistical considerations.

On-Site Wastewater Systems – Requirements for Inspections and Pumping Services (SB165/HB146): This bill would ensure that septic systems are properly inspected and pumped out prior to property transfers, passed the house but got stalled in the senate.

VIRGINIA

In Virginia, Waterkeepers worked together with partners in the Virginia Conservation Network to advance bills expanding safeguards for water, wildlife and communities, as well as protecting clean water funding in the budget, especially for agricultural cost-share initiatives, stormwater grants, flood resilience and wastewater treatment and sewer system upgrades. The General Assembly adjourned without finalizing the state budget and will reconvene on April 23. However, both the House and Senate budget bills include significant investments in clean water and river protection, including $50 million for Richmond’s aging combined sewer overflow system.

PFAS Legislation to Advance Monitoring & Limits: Virginia took significant steps this year in addressing toxic PFAS, but like Maryland, more needs to be done. A suite of bills was signed by the Governor, including SB386/HB1443 that requires monthly testing of sewage sludge at wastewater treatment plants, numeric thresholds, and farmer disclosure of any amount of PFAS in sewage sludge prior to applying it to farmland. While we applaud the farmer notification requirement, the threshold of 50 ppb is too high to reduce PFAS in the environment or protect human health. Additional progress was made in Virginia with the passage of bills that clarify that local governments have the right to test sewage sludge applications in their jurisdictions for PFAS (HB1072), and require sampling and reporting of PFAS at certain industrial facilities that discharge to publicly owned wastewater treatment plants (SB138/HB938).

Efforts to Protect Migratory Fish & Control Invasive Catfish: While a bill protecting fish from unpermitted water intakes (HB1126) did not move forward, James River Association (JRA) helped secure a letter from the Rules Committee to the Secretary of Natural and Historic Resources emphasizing the urgent need to protect fish from these unpermitted water intakes. In addition, JRA helped to advance a budget amendment funding research and habitat assessments for the American Shad’s recovery. Unfortunately, bills to manage invasive blue catfish that are spreading through Virginia’s rivers, threatening native fish like shad, passed the house but stalled in the senate.

What Can You Do?

We urge all of you concerned with our clean water future to remain engaged throughout the year. As we face unprecedented gutting of our bedrock federal environmental and public health protections, your voice and support has never been more crucial. Every email, phone call, meeting, and donation from people like you helps ensure that clean water and public health stay front and center in conversations about state legislation and budgets. Reach out to your local Waterkeepers today. Waterkeepers won’t back down and will continue to advocate for bold, long-term solutions.

P.S. For information on data center bills: Virginia and Maryland.

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