HR9: HR9 General Assembly; create Safe Drinking Water and Toxic Enforcement Fund; authorize - CA
Last action January 15, 2025 · House Second Readers
A Georgia House resolution would ask voters to amend the state constitution to let lawmakers create a special fund for safe drinking water and toxic substance enforcement, funded by dedicated revenue that would not go into the general fund.
In plain language
Currently, most state revenue in Georgia flows into the general fund and is subject to constitutional rules that limit how long it can be set aside and how dedicated funding can work. This resolution proposes a constitutional amendment allowing the General Assembly to create a new fund, the Safe Drinking Water and Toxic Enforcement Fund, dedicated to enforcing laws that protect people from carcinogens and toxic substances in drinking water and from toxic exposure caused by businesses. The amendment would let lawmakers dedicate specific revenue sources to this fund and add other money to it as well, and it would exempt the fund from certain constitutional restrictions on general fund deposits and lapsing of unspent money. Because this is a constitutional amendment, it cannot take effect on its own. It must be approved by Georgia voters in a statewide referendum, with the exact ballot language spelled out in the resolution.
What the bill does
- Proposes a constitutional amendment allowing the General Assembly to create a new Safe Drinking Water and Toxic Enforcement Fund through general law.
- Allows lawmakers to dedicate specific revenue sources directly to this fund instead of depositing that money into the general fund.
- Exempts the new fund from constitutional rules that would otherwise require deposit into the general fund or cause unspent money to lapse at year's end.
- Directs that the enforcement fund pay for enforcing laws that protect Georgians from carcinogens and toxic substances in drinking water and in business operations.
- Requires the proposed amendment to be submitted to Georgia voters for ratification or rejection in a statewide vote, with specific ballot wording.
Who it affects
Georgia voters, who would decide the amendment in a referendum; state agencies enforcing drinking water and toxic substance laws; businesses whose operations involve carcinogens or toxic substances; and the General Assembly, which would gain new authority to dedicate revenue outside the general fund.
Why it matters
If ratified, the state could set aside dedicated money specifically for enforcing drinking water safety and toxic substance laws, rather than relying on year-to-year general fund appropriations. This could make funding for that enforcement more stable and less subject to being redirected or lost if unspent.
Key provisions
- Section 1 amends Article III, Section IX, Paragraph VI of the Georgia Constitution by adding subparagraph (s) authorizing creation of the Safe Drinking Water and Toxic Enforcement Fund.
- The fund would pay for enforcement of laws protecting citizens from carcinogens and toxic substances in drinking water and from toxic exposure by businesses.
- The General Assembly may dedicate specified revenue sources to the fund and appropriate additional funds to it.
- The fund is exempted from Article VII, Section III, Paragraph II and from Article III, Section IX, Paragraph VI(a) and IV(c), which normally govern general fund deposits and lapsing.
- Section 2 requires the amendment to be submitted to voters with specified ballot language asking whether the revenue may be dedicated and kept out of the general fund.
- If ratified by voters as required under Article X, Section I, Paragraph II, the amendment becomes part of the Georgia Constitution.
From the bill
“Shall the Constitution of Georgia be amended so as provide that the revenue derived from the regulation of safe drinking water and toxic enforcement may be dedicated for certain purposes and not deposited into the general fund?”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Angela Moore (D, HD-091)
Topics
- drinking water safety
- toxic substances
- state constitutional amendment
- government funding
- environmental enforcement