Rainwater harvesting systems, certain; local ordinances for use.
SB851 amends Virginia law governing gray water and rainwater use, with a focus on rainwater harvesting systems and local regulation. The bill directs the Board to maintain regulations on when gray water and rainwater may be used, what uses are allowed, and standards for rainwater harvesting systems, including systems used by commercial enterprises so long as the water is not for human consumption. It also requires the Department, working with the Department of Environmental Quality, to promote rainwater and gray water reuse as conservation tools and to consider recognizing rainwater as an independent source of fresh water for residents of the Commonwealth.
The bill also addresses the relationship between state regulations and local ordinances. Local ordinances adopted before July 1, 2025, may continue in force, but if they conflict with Board regulations, the Board regulation controls unless the local ordinance is more stringent. In addition, no locality may require owners of Tier 4 rainwater harvesting systems to connect to a municipal water supply or penalize them, including through condemnation, for failing to do so. The bill defines rainwater harvesting systems broadly as systems that collect, store, potentially treat, and distribute rainwater for use.
In practical terms, the bill strengthens statewide support for rainwater harvesting and reuse while limiting local government authority to impose conflicting requirements on certain systems. It affects the Code of Virginia section governing gray water and rainwater use and may influence local zoning, utility connection rules, and enforcement actions involving rainwater harvesting systems, especially higher-tier systems covered by the state regulations.
The overall sentiment appears strongly favorable and noncontroversial. The bill advanced through committee and floor votes unanimously or nearly unanimously in both chambers, with no recorded opposition in the available vote history. That voting pattern suggests broad bipartisan support for conservation-oriented water policy and for clarifying the legal status of rainwater harvesting systems.
The main point of potential contention is the preemption of local ordinances. While the bill preserves more stringent preexisting local rules in some circumstances, it also limits localities from forcing Tier 4 system owners to connect to municipal water service or imposing penalties for not doing so. That restriction could be viewed as reducing local control over water and utility policy, though no specific opposition is reflected in the available record.
SB851 amends § 32.1-248.2 of the Code of Virginia, expanding and clarifying the state regulatory framework for gray water and rainwater reuse. It reinforces the Board’s authority to regulate rainwater harvesting systems, requires state agencies to promote reuse and conservation, and creates a rule that state regulations generally control over conflicting local ordinances, subject to an exception for more stringent local rules adopted before July 1, 2025. The bill also expressly bars localities from requiring Tier 4 rainwater harvesting systems to connect to municipal water supplies or penalizing owners for not doing so.
The bill appears to have received broad, bipartisan support and moved through the Senate and House with unanimous or near-unanimous votes. There is no committee transcript available showing debate or opposition, and the recorded votes suggest the measure was viewed as a practical conservation and regulatory clarification bill rather than a controversial policy change.
The principal issue of contention, based on the text, is the balance between state uniformity and local control. SB851 preserves some existing local ordinances but limits local authority where those ordinances conflict with state regulations, and it specifically prohibits localities from forcing Tier 4 rainwater harvesting system owners to connect to municipal water service or imposing penalties for nonconnection. Local governments concerned about utility planning, public health oversight, or land-use enforcement could see this as a restriction on their authority, while supporters would likely view it as necessary to protect rainwater harvesting users and encourage conservation.