HB665: HB665 Health; transfer all authorities and responsibilities relating to environmental health from county boards of health to Department of Public Health

25 LC 46 1165 House Bill 665 By: Representatives McCollum of the 30 th, Cooper of the 45 th, Taylor of the 173 rd, and Efstration of the 104th A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2A, Chapter 3, and Chapter 5 of Title 31 of the Official Code1 of Georgia Annotated, relating to general provisions of the Dep artment of Public Health,2 county boards of health, and administration and enforcement, respectively, so as to transfer3 all authorities and responsibilities relating to environmental health from the county boards4 of health to the Department of Public Health; to provide for the continuation of all contracts5 or agreements; to provide that all rights, duties, and obligati ons related to environmental6 health are transferred; to transfer certain employees; to remove from county boards of health7 the powers and functions relating to environmental health; to describe responsibilities and8 authorities of the Department of Public Health related to envir onmental health; to provide9 for definitions; to provide for statutory construction; to amend Code Section 12-5-7 of the10 Official Code of Georgia Annotated, relating to local variances from state restrictions on11 outdoor watering, limitations on outdoor irrigation, and except ions, so as to make a12 confirming revision; to provide for related matters; to provide for contingent effectiveness13 upon appropriation of funds; to repeal conflicting laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 665 - 1 - 25 LC 46 1165 SECTION 1.16 Article 1 of Chapter 2A of Title 31 of the Official Code of Geo rgia Annotated, relating to17 general provisions of the Department of Public Health, is amend ed by adding a new Code18 section to read as follows:19 "31-2A-2.1.20 On and after January 1, 2028, the Department of Public Health shall be the successor to the21 duties of and shall carry out all of the functions and exercise all of the powers formerly22 held by the county boards of health pursuant to this article wi th regard to environmental23 health. The rights, privileges, entitlements, and duties of pa rties to contracts, leases,24 agreements, and other transactions related to environmental hea lth entered into before25 January 1, 2028, by the county boards of health shall continue to exist and will, by26 operation of law, be assumed by the Department of Public Health on January 1, 2028; and27 none of these rights, privileges, entitlements, and duties are impaired or diminished by28 reason of the transfer of certain functions to the Department o f Public Health. In all29 instances concerning environmental health, the Department of Pu blic Health shall be30 substituted for the county boards of health, and the Department of Public Health shall31 succeed to the rights and duties under any such contracts, leas es, agreements, and other32 transactions. All rules and regulations under the jurisdiction of the county boards of public33 health prior to January 1, 2028, will, by operation of law, be assumed by the Department34 of Public Health on January 1, 2028, unless such rules and regulations contradict the laws35 of this state or rules and regulations promulgated by the commi ssioner of public health. 36 All employees of the county boards of public health whose work involves environmental37 health shall be transferred to the employment of the Department of Public Health, effective38 January 1, 2028. Notwithstanding any provision of law to the contrary, the accrued leave,39 rate of accrual, and any other aspects of employment benefits o f such employees shall40 transfer to the Department of Public Health. The State Personnel Board and the Employees'41 H. B. 665 - 2 - 25 LC 46 1165 Retirement System of Georgia shall be authorized to implement this Code section through42 the promulgation of rules and regulations."43 SECTION 2.44 Said article is further amended by revising Code Section 31-2A-11, relating to standards for45 sewage management systems, as follows:46 "31-2A-11.47 (a) As used in this Code section, the term:48 (1) 'Chamber system' means a system of chambers with each chamber being a molded49 polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid50 top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall51 soil areas. Chambers may be of different sizes and configurati ons to obtain desired52 surface areas.53 (2) 'Conventional system' means a system traditionally used composed of perforated pipe54 surrounded by gravel or stone masking for the infiltration of e ffluent into adjoining55 bottom and side soil areas.56 (3) 'Existing on-site sewage management system' means a sewage management system57 previously constructed and currently functioning on the premise s of the examined58 property.59 (3)(4) 'On-site sewage management system' means a sewage management system other60 than a public or community sewage treatment system serving one or more buildings,61 mobile homes, recreational vehicles, residences, or other facilities designed or used for62 human occupancy or congregation. Such term shall include, with out limitation,63 conventional and chamber septic tank systems, privies, and experimental and alternative64 on-site sewage management systems which are designed to be physically incapable of a65 surface discharge of effluent that may be approved by the department.66 H. B. 665 - 3 - 25 LC 46 1165 (4)(5) 'Prior approved system' means only a chamber system or conventional system or67 component of such system which is designed to be physically inc apable of a surface68 discharge of effluent and which was properly approved pursuant to69 subparagraph (a)(2)(B) of this Code section, as such Code secti on became law on70 April 19, 1994, for use according to manufacturers' recommendat ions, prior to71 April 14, 1997.72 (5)(6) 'Unsatisfactory service' means documented substandard performance as compared73 to other approved systems or components.74 (b) The department shall have the authority as it deems necess ary and proper to adopt75 state-wide regulations for on-site sewage management systems, including but not limited76 to experimental and alternative systems. The department is authorized to require that any77 such on-site sewage management system be examined and approved prior to allowing the78 use of such system in the state; provided, however, that any pr ior approved system shall79 continue to be approved for installation in every county of the state pursuant to the80 manufacturer's recommendations, including sizing of no less tha n 50 percent of trench81 length of a conventional system designed for equal flows in similar soil conditions. Upon82 written request of one-half or more of the health districts in the state, the department is83 authorized to require the reexamination of any such system or component thereof, provided84 that documentation is submitted indicating unsatisfactory servi ce of such system or85 component thereof. Before any such examination or reexamination, the department may86 require the person, persons, or organization manufacturing or m arketing the system to87 reimburse the department or its agent for the reasonable expenses of such examination.88 (c)(1) This subsection shall not be construed to prohibit the governing authority of any89 county or municipality in the state from adopting and enforcing codes at the local level;90 provided, however, that no county, municipality, or state agenc y may require any91 certified septic tank installer or certified septic tank pumper who has executed and92 deposited a bond as authorized in paragraph (2) of this subsect ion to give or furnish or93 H. B. 665 - 4 - 25 LC 46 1165 execute any code compliance bond or similar bond for the purpos e of ensuring that all94 construction, installation, or modifications are made or completed in compliance with the95 county or municipal ordinances or building and construction codes.96 (2) In order to protect the public from damages arising from a ny work by a certified97 septic tank installer or certified septic tank pumper that fail s to comply with any state98 construction codes or with the ordinances or building and construction codes adopted by99 any county or municipal corporation, any such certified septic tank installer or certified100 septic tank pumper may execute and deposit with the judge of th e probate court in the101 county of his or her principal place of business a bond in the sum of $10,000.00. Such102 bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified103 to write surety bonds in the State of Georgia and shall be approved by the local county104 or municipal health department. Such bond shall be conditioned upon all work done or105 supervised by such certificate holder complying with the provis ions of any state106 construction codes or any ordinances or building and construction codes of any county107 or municipal corporation wherein the work is performed. Action on such bond may be108 brought against the principal and surety thereon in the name of and for the benefit of any109 person who suffers damages as a consequence of said certificate holder's work not110 conforming to the requirements of any ordinances or building an d construction codes;111 provided, however, that the aggregate liability of the surety t o all persons so damaged112 shall in no event exceed the sum of such bond.113 (3) In any case where a bond is required under this subsection, the certified septic tank114 installer or certified septic tank pumper shall file a copy of the bond with the county or115 municipal health department in the political subdivision wherei n the work is being116 performed.117 (4) The provisions of this subsection shall not apply to or af fect any bonding118 requirements involving contracts for public works as provided in Chapter 10 of Title 13.119 H. B. 665 - 5 - 25 LC 46 1165 (d) This Code section does not restrict the work of a plumber licensed by the State120 Construction Industry Licensing Board to access any on-site sewage management system121 for the purpose of servicing or repairing any plumbing system or connection to the on-site122 sewage management system.123 (e)(1) Any department official or other individual certified by the department to evaluate124 the status of a prospective or an existing on-site sewage management system shall do so125 by using an evaluation form provided by the department. Such evaluation shall follow126 standards set by the department. Completed evaluation forms shall be submitted to the127 local health department for record-keeping purposes.128 (2) Any county or municipal governing authority, mortgage comp any, or other129 requesting entity shall accept an existing on-site sewage manag ement performance130 evaluation form from any individual authorized to complete such evaluation pursuant to131 paragraph (1) of this subsection."132 SECTION 3.133 Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards134 of health, is amended by adding a new Code section to read as follows:135 "31-3-1.1.136 As used in this chapter, the term environmental health' means the science and practice of137 preventing human injury and illness and promoting well-being by identifying and138 evaluating environmental sources and hazardous agents that may adversely affect human139 health and limiting exposures to hazardous physical, chemical, and biological agents in air,140 water, soil, food, and other environmental media or settings."141 SECTION 4.142 Said chapter is further amended by revising Code Section 31-3-4 , relating to powers, as143 follows:144 H. B. 665 - 6 - 25 LC 46 1165 "31-3-4.145 (a) The county board of health is empowered to:146 (1) Establish and adopt bylaws for its own governance. Meetings shall be held no less147 frequently than quarterly;148 (2) Exercise responsibility and authority in all matters withi n the county pertaining to149 health unless the responsibility for enforcement of such is by law that of another agency;150 (3) Take such steps as may be necessary to prevent and suppress disease and conditions151 deleterious to health and to determine compliance with health laws and rules, regulations,152 and standards adopted thereunder;153 (4) Adopt and enforce rules and regulations appropriate to its functions and powers,154 provided that such rules and regulations are not in conflict with the rules and regulations155 of the department. Such rules and regulations must shall be reasonably adapted to the156 purposes intended and must shall be within the purview of the powers and duties imposed157 upon the county board of health by this chapter;158 (5) Receive and administer all grants, gifts, moneys, and dona tions for purposes159 pertaining to health pursuant to this chapter;160 (6) Make contracts and establish fees for the provision of public health services provided161 by county boards of health, including but not limited to enviro nmental health services,162 which fees may be charged to persons or to establishments and p remises within the163 county for inspection of such establishments, premises, structu res and appurtenances164 thereto, or for other county board of health services. All such fees may be used to defray165 costs of providing such local services and shall supplement but not replace state or federal166 funding. No person shall be denied services on the basis of that person's inability to pay.167 The scope of services, operating details, contracts, and fees approved by the county board168 of health shall also be approved by the district director of he alth. No fees for169 environmental health services may be charged unless the schedul e of fees for such170 services has been approved by the county governing authority;171 H. B. 665 - 7 - 25 LC 46 1165 (7) Contract with the Department of Public Health or other agencies for assistance in the172 performance of its functions and the exercise of its powers and for supplying services173 which are within its purview to perform, provided that such contracts and amendments174 thereto shall have first been approved by the department. In entering into any contracts175 to perform its functions and to exercise its powers, and for supplying services which are176 within its purview to perform, any county board of health or any health district created177 under the authority of Code Section 31-3-15 shall be considered an agency and such178 agency shall have the authority to contract with any other coun ty board of health;179 combination of county boards of health; any other health distri ct; public or private180 hospitals; hospital authorities; medical schools; training and educational institutions;181 departments and agencies of the state; county or municipal gove rnments; persons,182 partnerships, corporations, and associations, public or private ; the United States183 government or the government of any other state; or any other legal entity; and184 (8) The county board of health in each county of this state ha ving a population of185 400,000 or more according to the United States decennial census of 1990 or any future186 such census is authorized to develop and implement activities f or the prevention of187 injuries and incorporate injury prevention measures in rules an d regulations which are188 within the purview of the county board of health to promulgate which shall be effective189 when adopted by an ordinance of the county governing authority.190 (b) Notwithstanding the provisions contained in subsection (a) of this Code section and191 Code Section 31-3-5, nothing contained in this Code section or Code Section 31-3-5 shall192 be construed to empower a county board of health to adopt any r ules or regulations or193 provisions to enforce any rules or regulations pertaining to ma tters provided for or194 otherwise regulated pursuant to the provisions of Part 1 of Art icle 2 of Chapter 8 of195 Title 12, the 'Georgia Comprehensive Solid Waste Management Act,' as now or hereafter196 amended, or the rules and regulations promulgated pursuant to such part."197 H. B. 665 - 8 - 25 LC 46 1165 SECTION 5.198 Said chapter is further amended by revising Code Section 31-3-5 , relating to functions, as199 follows:200 "31-3-5.201 (a) Subject to the provisions of Code Section 31-2A-11 and sub section (b) of this Code202 section, each Each county board of health shall have and discharge, within its jurisdiction,203 subject to any valid local Act which shall remain in force and effect, the following204 functions:205 (1) To determine the health needs and resources of its jurisdi ction by research and by206 collection, analysis, and evaluation of all data pertaining to the health of the community;207 (2) To develop, in cooperation with the department, programs, activities, and facilities208 responsive to the needs of its area;209 (3) To secure compliance with the rules and regulations of the department that have local210 application; and211 (4) To enforce, or cause enforcement of, all laws pertaining t o health unless the212 responsibility for the enforcement of such laws is that of another agency.213 (b) Each county board of health shall have the power and duty to adopt regulations214 providing standards and requirements governing the installation o f o n - s i t e s e w a g e215 management systems within the incorporated and unincorporated a rea of the county,216 subject to the provisions of Code Section 31-2A-11, any rules and regulations promulgated217 under Code Section 31-2A-11, and subsection (d) of this Code section. Such regulations218 shall include and be limited to the following:219 (1) Specifying the locations within the incorporated and uninc orporated area of the220 county where on-site sewage management systems may be installed;221 (2) Specifying the minimum lot size or land area which may be served by an on-site222 sewage management system based on scientific data regarding on- site sewage223 management systems;224 H. B. 665 - 9 - 25 LC 46 1165 (3) Specifying the types of residences, buildings, or facilities which may be served by225 on-site sewage management systems;226 (4) Issuing permits for the installation of on-site sewage management systems prior to227 such installation;228 (5) Inspecting on-site sewage management system installations prior to the completion229 of the installation; and230 (6) Providing for ongoing maintenance of such systems, except for nonmechanical231 residential sewage management systems.232 (c) Nothing in this Code section or in Code Section 31-3-5.1 s hall limit the power of a233 county or municipal governing authority to exercise its zoning powers or to establish234 minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b)235 of this Code section.236 (d)(1) Any person may register with the department to conduct soil investigations and237 prepare soil reports of a site within the state for an on-site sewage management system238 who meets any one of the following criteria:239 (A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this240 subsection;241 (B) Holds a valid certificate of registration as a professional engineer issued pursuant242 to Chapter 15 of Title 43 and is practicing within his or her a rea of engineering243 competency;244 (C) Holds a valid certificate of registration as a registered geologist issued pursuant to245 Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;246 or247 (D) Is a soil and water conservation technician as defined in subparagraph (A) of248 paragraph (3) of this subsection.249 (2) Upon the submission of an evaluation of the suitability of a site within the state for250 an on-site sewage management system by such a person who is reg istered with the251 H. B. 665 - 10 - 25 LC 46 1165 department, the county board of health shall be required to accept the evaluation unless252 such evaluation is found by the county board of health to be de ficient or questionable. 253 If the county board of health finds such evaluation to be defic ient or questionable, the254 board shall, within three working days of making such finding, issue a written255 determination stating all deficiencies and all measures needed to correct the deficiencies.256 A copy of this determination shall be provided to the state dir ector of environmental257 health.258 (3) As used in this subsection, the term:259 (A) 'Soil and water conservation technician' means a person em ployed as a soil and260 water conservation technician by a soil and water conservation district provided for in261 Article 2 of Chapter 6 of Title 2.262 (B) 'Soil classifier' means a person who:263 (i) Holds at least a bachelor of science degree from an accred ited college or264 university with a major in soil science or a related field of science. This degree shall265 include 30 semester credit hours or equivalent quarter credit hours in the biological,266 physical, chemical, and earth sciences with a minimum of 15 semester credit hours267 or equivalent quarter hours in soil science courses meeting the following distribution:268 (I) A minimum of one course in soil classification, morphology , genesis, and269 mapping; and270 (II) The remaining soil science credits shall be in at least t hree of the following271 eight categories: introductory soil science; soil fertility; so il microbiology; soil272 chemistry; soil physics; soil management, soils and land use, o r soils and the273 environment; soil mineralogy; or a three credit maximum in inde pendent study,274 geology, or hydrology;275 (ii) Has at least four years of verifiable full-time or equivalent part-time experience.276 Two years of such experience, as determined by the department's soil classifiers277 advisory committee, shall have been obtained after meeting all the educational278 H. B. 665 - 11 - 25 LC 46 1165 requirements of division (i) of this subparagraph under the sup ervision of a soil279 classifier who has met the education and experience requirement s provided in this280 subparagraph and shall have been spent actively mapping, identifying, and classifying281 soil features and interpreting the influence of soil features on soil uses, including, but282 not limited to, conducting soil investigations for determining the suitability of sites283 for on-site sewage management systems as approved by the depart ment's soil284 classifiers advisory committee. The remaining two years of suc h experience, as285 determined by the department's soil classifiers advisory commit tee, shall have286 occurred prior to, during, or after meeting all the educational requirements of287 division (i) of this subparagraph and shall have included the utilization of soil science288 concepts and techniques in mapping, identifying, and classifyin g soil features and289 interpreting the influence of soil features on soil uses, including, but not limited to,290 conducting soil investigations for determining the suitability of sites for on-site291 sewage management systems as approved by the department's soil classifiers advisory292 committee; and293 (iii) Has successfully passed a written examination pertaining to site investigations294 for on-site sewage management systems administered or approved by the department."295 SECTION 6.296 Said chapter is further amended by repealing Code Section 31-3-5.1, relating to conformity297 prerequisite to building permit.298 SECTION 7.299 Said chapter is further amended by repealing Code Section 31-3- 5.2, relating to definition300 of "gray water" and lawful use.301 H. B. 665 - 12 - 25 LC 46 1165 SECTION 8.302 Said chapter is further amended by repealing and reserving Code Section 31-3-11, relating303 to direction and supervision of staff.304 SECTION 9.305 Said chapter is further amended by revising Code Section 31-3-15, relating to establishment306 of health districts, as follows:307 "31-3-15.308 The department is authorized, with the consent of the boards of health and the county309 authorities of the counties involved, to establish health districts composed of one or more310 counties. To further the purposes of this Code section, county boards of health may311 contract with each other for the provision of multicounty servi ces and also exercise any312 additional powers as authorized by paragraph (7) of subsection (a) of Code Section 31-3-4;313 and in the performance of such contracts a county board of health may utilize its employees314 in other counties."315 SECTION 10.316 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising317 Chapter 4, which is reserved, as follows:318 "CHAPTER 4319 31-4-1.320 (a) As used in this chapter, the term:321 (1) 'Department' means the Department of Public Health.322 (2) 'Environmental health' shall have the same meaning as set forth in Code323 Section 31-3-1.1.324 H. B. 665 - 13 - 25 LC 46 1165 (b) The Department of Public Health is empowered to:325 (1) Exercise responsibility and authority in all matters in this state and all counties within326 this state pertaining to environmental health unless the responsibility for enforcement of327 such is by law that of another agency;328 (2) Receive and administer all grants, gifts, moneys, and dona tions for purposes329 pertaining to environmental health pursuant to this chapter;330 (3) Make contracts and establish fees for the provision of environmental health services,331 which fees may be charged to persons or to establishments and p remises for the332 inspection of such establishments, premises, structures and appurtenances thereto, or for333 other environmental health services; and334 (4) Contract with other agencies for assistance in the perform ance of its functions and335 the exercise of its powers and for supplying services which are within its purview to336 perform. In entering into any contracts to perform its functio ns and to exercise its337 powers, and for supplying services which are within its purview to perform, the338 department may contract with other agencies of the state; count y or municipal339 governments; persons, partnerships, corporations, and associations, public or private; the340 United States government or the government of any other state; or any other legal341 entities.342 (c) Notwithstanding the provisions of subsection (b) of this C ode section and Code343 Section 31-3-5, nothing contained in this chapter or Code Section 31-3-5 shall be construed344 to empower the Department of Public Health to adopt any rules or regulations or to enforce345 any rules or regulations pertaining to matters provided for or otherwise regulated pursuant346 to Part 1 of Article 2 of Chapter 8 of Title 12, the 'Georgia C omprehensive Solid Waste347 Management Act,' as now or hereafter amended, or the rules and regulations promulgated348 pursuant to such part. Reserved.349 H. B. 665 - 14 - 25 LC 46 1165 31-4-2.350 (a) Subject to the provisions of Code Section 31-2A-11 and sub section (b) of this Code351 section, the Department of Public Health shall have and dischar ge, within this state, the352 following functions:353 (1) To determine environmental health needs and resources by r esearch and by354 collection, analysis, and evaluation of all data pertaining to environmental health of each355 community in this state; and356 (2) To enforce, or cause enforcement of, all laws pertaining t o environmental health357 unless the responsibility for the enforcement of such laws is that of another agency.358 (b) The department shall have the power and duty to adopt regulations providing standards359 and requirements governing the installation of on-site sewage management systems within360 the incorporated and unincorporated areas of a county, subject to the provisions of Code361 Section 31-2A-11, any rules and regulations promulgated under Code Section 31-2A-11,362 and subsection (e) of this Code section. Such regulations shall include the following:363 (1) Specifying the locations within the incorporated and unincorporated areas of a county364 where on-site sewage management systems may be installed;365 (2) Specifying the minimum lot size or land area which may be served by an on-site366 sewage management system based on scientific data regarding on- site sewage367 management systems;368 (3) Specifying the types of residences, buildings, or faciliti es which may be served by369 on-site sewage management systems;370 (4) Issuing permits for the installation of on-site sewage management systems prior to371 such installation;372 (5) Inspecting on-site sewage management system installations prior to the completion373 of the installation; and374 (6) Providing for ongoing maintenance of such systems, except for nonmechanical375 residential sewage management systems.376 H. B. 665 - 15 - 25 LC 46 1165 (c) Nothing in subsection (b) of this Code section shall be co nstrued to prohibit the377 adoption of different rules for different parts of the state due to differences in soil, terrain,378 or other considerations.379 (d) Nothing in this Code section shall be construed to limit t he power of a county or380 municipal governing authority to exercise its zoning powers or to establish minimum lot381 sizes.382 (e)(1) Any person may register with the department to conduct soil investigations and383 prepare soil reports of a site within the state for an on-site sewage management system384 who meets any one of the following criteria:385 (A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this386 subsection;387 (B) Holds a valid certificate of registration as a professional engineer issued pursuant388 to Chapter 15 of Title 43 and is practicing within his or her a rea of engineering389 competency;390 (C) Holds a valid certificate of registration as a registered geologist issued pursuant to391 Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;392 or393 (D) Qualifies as a soil and water conservation technician as d efined in394 subparagraph (A) of paragraph (3) of this subsection.395 (2) Upon the submission of an evaluation of the suitability of a site within the state for396 an on-site sewage management system by a person who is registered with the department,397 the department shall, within three business days of receiving such an evaluation, provide398 a written determination stating all deficiencies and all measur es needed to correct the399 deficiencies. A copy of such determination shall be provided t o the director of the400 Environmental Health Division of the Department of Public Health.401 (3) As used in this subsection, the term:402 H. B. 665 - 16 - 25 LC 46 1165 (A) 'Soil and water conservation technician' means a person em ployed as a soil and403 water conservation technician by a soil and water conservation district provided for in404 Article 2 of Chapter 6 of Title 2.405 (B) 'Soil classifier' means a person who:406 (i) Holds at least a bachelor of science degree from an accred ited college or407 university with a major in soil science or a related field of science. Such degree shall408 include 30 semester credit hours or equivalent quarter credit hours in the biological,409 physical, chemical, and earth sciences with a minimum of 15 semester credit hours410 or equivalent quarter hours in soil science courses meeting the following distribution:411 (I) A minimum of one course in soil classification, morphology , genesis, and412 mapping; and413 (II) The remaining soil science credits shall be in at least t hree of the following414 eight categories: introductory soil science; soil fertility; so il microbiology; soil415 chemistry; soil physics; soil management, soils and land use, o r soils and the416 environment; soil mineralogy; or a three credit maximum in inde pendent study,417 geology, or hydrology;418 (ii) Has at least four years of verifiable full-time or equivalent part-time experience.419 Two years of such experience, as determined by the department's soil classifiers420 advisory committee, shall have been obtained after meeting all the educational421 requirements of division (i) of this subparagraph under the sup ervision of a soil422 classifier who has met the education and experience requirement s provided in this423 subparagraph and shall have been spent actively mapping, identifying, and classifying424 soil features and interpreting the influence of soil features on soil uses, including, but425 not limited to, conducting soil investigations for determining the suitability of sites426 for on-site sewage management systems as approved by the depart ment's soil427 classifiers advisory committee. The remaining two years of suc h experience, as428 determined by the department's soil classifiers advisory commit tee, shall have429 H. B. 665 - 17 - 25 LC 46 1165 occurred prior to, during, or after meeting all the educational requirements of430 division (i) of this subparagraph and shall have included the utilization of soil science431 concepts and techniques in mapping, identifying, and classifyin g soil features and432 interpreting the influence of soil features on soil uses, inclu ding, but not limited to,433 conducting soil investigations for determining the suitability of sites for on-site434 sewage management systems as approved by the department's soil classifiers advisory435 committee; and436 (iii) Has successfully passed a written examination pertaining to site investigations437 for on-site sewage management systems administered or approved by the department.438 31-4-3.439 No building permit for the construction of any residence, building, or other facility which440 is to be served by a sewage management system shall be issued b y or pursuant to the441 authority of a city or county governing authority unless the se wage management system442 installation permit is in conformity with standards contained in Code Section 31-2A-11 for443 sewage management systems. No person, firm, corporation, or other entity shall install a444 sewage management system in violation of the provisions of Code Section 31-2A-11 or the445 regulations of the department. Each city or county governing a uthority shall provide by446 ordinance or resolution for the enforcement of the provisions of this Code section.447 31-4-4.448 (a) As used in this Code section, the term 'gray water' means waste water discharged from449 residential lavatories, bathtubs, showers, clothes washers, and laundry trays.450 (b) Private residential direct reuse of gray water shall be lawful if the following conditions451 are met:452 H. B. 665 - 18 - 25 LC 46 1165 (1) Gray water originating from the residence shall be used an d contained within the453 property boundary for household ga rdening, composting, lawn watering, or landscape454 irrigation;455 (2) Gray water shall not be used for irrigation of food plants;456 (3) The gray water shall not contain hazardous chemicals deriv ed from activities such457 as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from458 home photography laboratories or similar hobbyist or home occupational activities;459 (4) The application of gray water shall be managed to minimize standing water on the460 surface;461 (5) The application of gray water shall be outside of a floodway;462 (6) The gray water shall not contain water used to wash diaper s or similarly soiled or463 infectious garments unless the gray water is disinfected before irrigation; and464 (7) The gray water shall be applied only by hand watering using garden watering cans465 or similar hand-held containers.466 (c) The department shall adopt the provisions of subsection (b ) of this Code section by467 regulation. Local governing bodies shall be authorized to puni sh violations of such468 regulations as local ordinance violations, provided that the penalty for each such violation469 shall not exceed a $100.00 fine.470 31-4-5.471 Each employee of the Department of Public Health whose duties include enforcing those472 environmental health laws of this state shall be subject to the direction and supervision of473 the state director of environmental health of such department. The activities of such474 employees with regard to environmental health shall be reported at least quarterly to the475 state director of environmental health within the Department of Public Health through a476 district director of environmental health. The state director shall make the personnel477 actions, including but not limited to termination, which the director deems appropriate for478 H. B. 665 - 19 - 25 LC 46 1165 any employee's failure or refusal to comply with the direction of the state director in479 carrying out the environmental health employment duties of such employee."480 SECTION 11.481 Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration482 and enforcement, is amended by adding a new Code section to read as follows:483 "31-5-1.1.484 Nothing in this chapter shall be construed to provide county bo ards of health with any485 authorities or responsibilities relating to environmental health."486 SECTION 12.487 Code Section 12-5-7 of the Official Code of Georgia Annotated, relating to local variances488 from state restrictions on outdoor watering, limitations on outdoor irrigation, and exceptions,489 is amended by revising subparagraph (a.1)(2)(C) as follows:490 "(C) Reuse of gray water in compliance with Code Section 31-3-5 .2 31-4-4 a n d491 applicable local board of health regulations adopted pursuant thereto;"492 SECTION 13.493 This Act shall become effective only if, prior to January 1, 20 27, funds are specifically494 appropriated for the purposes of this Act in an appropriations Act making specific reference495 to this Act and shall become effective when such funds so appropriated become available for496 expenditure.497 SECTION 14.498 All laws and parts of laws in conflict with this Act are repealed.499 H. B. 665 - 20 -