Committee hears bill to require PFAS testing of biosolids before land application

The House Appropriations Committee on Wednesday heard staff briefings and public testimony on Substitute Senate Bill 5033, which would require the state Department of Ecology to set sampling and testing requirements for PFAS chemicals in biosolids and report findings to the Legislature.

Megan McFadden, staff to the Environment and Energy Committee, told the Appropriations panel that under the bill Ecology must, “by July 2028, establish PFAS chemical sampling or testing requirements for biosolids regulated under the biosolids management program after consulting with a new advisory committee.” The bill would also require Ecology to analyze PFAS levels in Washington biosolids by July 2029 and report recommendations by December 2029.

The nut graf: the measure responds to public concern about “forever chemicals” entering agricultural soils. Biosolids — treated sludge from wastewater treatment plants and septic systems — are currently applied to farmland and forest land under Ecology permits, and the bill would add explicit PFAS monitoring and advisory oversight to that practice.

During a fiscal briefing, Dan Jones, committee staff, summarized Ecology’s cost estimates, saying the agency’s fiscal note assumes “total costs of about $730,000 in the 2025–27 biennium, mostly for one-time rulemaking,” with ongoing PFAS sampling costs of about $90,000 per biennium and a one-time legislative-report cost of roughly $110,000 in fiscal year 2030. Jones also relayed Ecology’s expectation that the agency could recover costs through higher biosolids fees but that fee revenue would not begin until about a year after rulemaking is completed.

Public testimony included long-time critics of land application and representatives of environmental groups. Bob Gunther of Lewis County urged passage, saying he has litigated the issue for decades and asked lawmakers to examine what is in the “80,000 tons of biosolids” applied to agricultural land. Remote testifier Darlene Schanfeld urged an outright ban on land application, arguing communities around the country have restricted sewage spreading. Heather Trum of Zero Waste Washington said there is “some voluntary testing going on right now, but not much,” and that testing would likely occur on farms, forest sites and potentially before material is spread.

Committee members asked implementation questions: Representative Schmick pressed who would pay ongoing testing costs; staff said fees are paid by regulated entities and Ecology’s fiscal note assumes initial costs will be covered from state accounts until fees come in. Representative Manjarrez asked whether testing is done now; staff said there is no current statewide testing of biosolids for PFAS.

The hearing record shows both technical staff briefings and several public speakers urging either passage or stronger restrictions; no formal committee vote occurred at the public hearing.

The bill would add an Ecology‑convened advisory committee composed of farmers, toxicologists, utilities that produce soil amendments, local government and others to guide sampling rules and reporting.