HB211: HB211 PFAS Receiver Shield Act; enact

PFAS, often called 'forever chemicals,' are man-made compounds used in manufacturing, agriculture, and many household products. People and businesses who did not make PFAS but end up using, receiving, or disposing of it (called 'PFAS receivers' in the bill) can currently be sued over harm linked to that exposure. This bill adds a new chapter to Georgia's tort law (Title 51) that gives PFAS receivers legal immunity from most PFAS-related liability lawsuits. The immunity does not apply if a plaintiff can plead specific facts showing gross negligence, a legal standard the bill defines as reckless, knowing, or quasi-criminal conduct. Receivers also keep immunity for handling PFAS in wastewater or landfill disposal if they met all EPA and Georgia Environmental Protection Division testing and limits. The immunity does not block claims by the state Environmental Protection Division, does not limit a defendant's right to recover damages for wrongful death, and does not remove any duty to warn the public of safety threats. The law would take effect as soon as the Governor signs it or it otherwise becomes law.

• Creates a new chapter in Georgia's tort law (O.C.G.A. Title 51) giving 'PFAS receivers,' people or businesses that use, receive, purchase, or dispose of PFAS but did not manufacture it, immunity from most PFAS-related lawsuits.
• Requires a plaintiff suing a PFAS receiver to plead specific facts proving 'gross negligence' to overcome that immunity, with the judge (not a jury) deciding whether the conduct qualifies.
• Extends the same immunity to PFAS receivers' disposal of PFAS-containing wastewater or solid waste, as long as they met all EPA and Georgia Environmental Protection Division testing limits.
• Extends the immunity to environmental engineers and consultants who provide PFAS-related services to a PFAS receiver.
• Excludes PFAS manufacturers from the definition of 'PFAS receiver,' so manufacturers do not get this new protection.
• Preserves the Georgia Environmental Protection Division's ability to bring enforcement claims, defendants' right to seek wrongful-death damages, and any legal duty to warn the public of safety threats.

Manufacturers that use PFAS in goods or farming, companies that receive, buy, or own PFAS-containing products, wastewater and landfill operators regulated by the Environmental Protection Division, environmental consultants who advise them, and any Georgian who might sue over PFAS-related harm.

People harmed by PFAS exposure, sometimes linked to health problems, could find it harder to sue businesses that handled the chemicals rather than made them, since those businesses would be immune unless gross negligence is proven. This could shift who bears legal responsibility and litigation costs for PFAS contamination in Georgia.

• Section 1 names the law the 'PFAS Receiver Shield Act.'
• New Code Section 51-17-1 defines key terms, including 'PFAS receiver,' 'PFAS manufacturer,' 'gross negligence,' and long lists of specific PFAS chemical compounds covered.
• Code Section 51-17-2(a) grants PFAS receivers immunity from liability claims tied to their use, receipt, or disposal of PFAS unless gross negligence is proven with particularity, a determination made by the court as a matter of law.
• Code Section 51-17-2(a)(2) extends immunity to wastewater and landfill disposal of PFAS if the receiver met all EPA and Georgia Environmental Protection Division testing and limits.
• Code Section 51-17-2(b) clarifies the immunity adds to existing legal protections, does not block Environmental Protection Division enforcement claims, and covers environmental consultants serving PFAS receivers.
• Code Section 51-17-2(c) preserves a defendant's right to recover damages for wrongful death and any duty to warn the public of safety threats.
• Code Section 51-17-3 states the chapter does not override Georgia's criminal code, health laws, workers' compensation law, or emergency management law.
• Section 3 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without signature.

1. 2026-02-11House Withdrawn, Recommitted (House)
2. 2026-02-10House Committee Favorably Reported By Substitute (House)
3. 2025-02-04House Second Readers (House)
4. 2025-02-03House First Readers (House)
5. 2025-01-30House Hopper (House)

• Kasey Carpenter (R, HD-004)Primary sponsor
• Jason Ridley (R, HD-006)
• Steve Tarvin (R, HD-002)
• Matt Barton (R, HD-005)

• PFAS chemicals
• environmental law
• product liability
• tort immunity
• water and waste regulation