HB211: HB211 PFAS Receiver Shield Act; enact

26 LC 44 9006ERS The House Committee on Judiciary offers the following substitute to HB 211: A BILL TO BE ENTITLED AN ACT To amend Title 51 of the Official Code of Georgia Annotated, re lating to torts, so as to1 provide for immunity from certain lawsuits related to certain c hemicals; to provide for2 continuation of personal injury liability; to provide for defin itions; to provide for related3 matters; to provide for a short title; to provide for an effect ive date; to repeal conflicting4 laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 This Act shall be known and may be cited as the "PFAS Receiver Shield Act."8 SECTION 2.9 Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding10 a new chapter to read as follows:11 H. B. 211 (SUB) - 1 - 26 LC 44 9006ERS "CHAPTER 1712 51-17-1.13 As used in this chapter, the term:14 (1) 'Gross negligence' means an intentional, deliberate action, with a reckless disregard15 of consequences or something less than criminal misconduct, but greater than gross16 negligence or wanton carelessness. Such term involves conduct of a quasi-criminal17 nature and the intentional doing of something, either with the knowledge that it is likely18 to result in serious injury, or with a knowingly wanton and rec kless disregard of its19 probable consequences. Such term may include the conscious or intentional violation of20 definite law or clear rules of conduct, which shall be judged a t the time the conduct21 occurred and obedience to such conduct shall not be not discretionary.22 (2) 'PFAS' means any perfluorochemicals, polyfluorochemicals, perfluoroalkyl23 substances, polyfluoroalkyl substances, and any related chemica ls that degrade to24 PFAS/PFOA/PFOS, and any precursors to PFAS, PFOA, and PFOS, including, but not25 limited to, PFOA, PFOS, GenX, HFPODA, NEtFOSAA, NMeFOSAA, PFBS, PFDA,26 PFDoA, PFHpA, PFHxS, PFNA, PFTrDA, PFTA, PFUnA, 11Cl0PF3OUdS,27 9Cl-PF3ONS, ADONA, PFPeS, PFHpS, 4:2 FTS (1H, 1H, 2H, 2H-perflu orohexane28 sulfonic acid), 6:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), 8:2 FTS (1H,29 1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA, PFMPA, PFEESA,30 PFHxA, and NFDHA.31 (3) 'PFAS manufacturer' means any person or entity that knowingly created, formulated,32 licensed, made, manufactured, or otherwise originated into comm erce any PFAS33 substance and who has sold or licensed any PFAS substance to others for use.34 (4) 'PFAS monomer' means the class of fluorinated substances that are components of35 PFAS substances, including PFOA, PFOS, GenX, HFPODA, NEtFOSAA, NMeFOSAA,36 PFBS, PFDA, PFDoA, PFHpA, PFHxS, PFNA, PFTrDA, PFTA, PFUnA,37 H. B. 211 (SUB) - 2 - 26 LC 44 9006ERS 11Cl0PF3OUdS, 9Cl-PF3ONS, ADONA, PFPeS, PFHpS, 4:2 FTS (1H, 1H, 2 H ,38 2H-perfluorohexane sulfonic acid), 6:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic39 acid), 8:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA,40 PFMPA, PFEESA, NFDHA, and chemically similar molecules.41 (5) 'PFAS receiver' means any person or entity, not including any person or entity that42 is also a PFAS manufacturer, who:43 (A) Uses or applies PFAS substances in the manufacture of goods or in agriculture;44 (B) Receives or obtains goods or products that contain PFAS;45 (C) Purchases or owns goods or products that contain PFAS; or46 (D) Is licensed, permitted, and regulated by the Environmental Protection Division of47 the Department of Natural Resources, as required by law, and re ceives industrial or48 household solid waste or waste water that contains PFAS.49 (6) 'PFAS substance' means any chemical agent or compound cont aining PFAS, any50 polymer where a PFAS monomer is a constituent in the polymerization process, or any51 combination of materials where a PFAS monomer is found as a por tion of another52 molecule received by others for application or use in agricultu re or in manufactured53 goods or as a processing aid in any industry other than the che mical manufacturing54 industry.55 51-17-2.56 (a)(1) Absent gross negligence, no PFAS receiver shall be held liable for damages in an57 action involving a liability claim arising from or related to its intended or incidental use,58 receipt, or disposal of PFAS. To negate the immunity provided for in this Code section,59 a plaintiff shall plead facts with particularity sufficient to demonstrate gross negligence,60 and the determination of whether such conduct constitutes gross negligence shall be a61 question of law decided by the court.62 H. B. 211 (SUB) - 3 - 26 LC 44 9006ERS (2) No PFAS receiver shall be held liable for damages in an action involving a liability63 claim arising from or related to its handling of PFAS substances, including disposal of64 industrial effluent into waste-water treatment facilities and o f solid waste from PFAS65 substances into public landfills where such PFAS receiver has complied with all testing66 and met all limits imposed by the rules and regulations of the United States67 Environmental Protection Agency and the Environmental Protectio n Division of the68 Department of Natural Resources.69 (b) The immunities set forth in subsection (a) of this Code section shall:70 (1) Be provided in addition to, and shall in no way limit, any other immunity protections71 that may apply in state or federal law;72 (2) Not apply to claims brought by the Georgia Environmental P rotection Division73 enforcing regulations; and74 (3) Be available to any environmental engineer or other environmental consultant who75 provides any such professional services to the PFAS receiver related to the intended or76 incidental use, receipt, or disposal of PFAS by such PFAS receiver.77 (c) Nothing in this Code section shall be construed to limit the:78 (1) Right of a defendant to seek and recover damages for the tortious injury or death of79 a person; or80 (2) Duty of a PFAS receiver to provide notice to any individual or the public at large of81 any threat to public safety or welfare pursuant to any common law duty to warn or any82 applicable federal or state law.83 51-17-3.84 This chapter shall not modify or supersede the terms or application of:85 (1) Title 16, relating to crimes and offenses;86 (2) Title 31, relating to health or any state regulations related thereto;87 (3) Chapter 9 of Title 34, relating to workers' compensation; or88 H. B. 211 (SUB) - 4 - 26 LC 44 9006ERS (4) Chapter 3 of Title 38, relating to emergency management."89 SECTION 3.90 This Act shall become effective upon its approval by the Governor or upon its becoming law91 without such approval.92 SECTION 4.93 All laws and parts of laws in conflict with this Act are repealed.94 H. B. 211 (SUB) - 5 -