House Bill 193
By: Representative Moore of the 91st
A BILL TO BE ENTITLED
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to
provide that persons doing business in this state shall not expose individuals to chemicals
known to cause cancer or reproductive toxicity without first giving clear and reasonable
warning nor discharge such chemicals into drinking water; to provide for the content and
manner of the giving of such warnings; to provide for exceptions; to provide that the
Governor shall publish lists of such chemicals; to authorize the Attorney General and, under
specified conditions, district attorneys and other persons to seek injunctions and civil
penalties; to provide for the Safe Drinking Water and Toxic Enforcement Fund and its
purposes and funding; to provide for definitions; to provide a short title; to provide for
related matters; to provide a contingent effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding
a new chapter to read as follows:
<ins>"CHAPTER 55
31-55-1.
This chapter shall be known and may be cited as the 'Safe Drinking Water and Toxic
Enforcement Act of 2025.' This chapter may also be known and may be cited as the
'Georgia Proposition 25 Act.'
31-55-2.
As used in this chapter, the term:
(1) 'Person' means an individual, trust, firm, joint stock company, corporation, company,
partnership, limited liability company, or association.
(2) 'Person in the course of doing business' shall not include any person employing fewer
than ten employees in his or her business; any city, county, or school district or any
department or agency thereof; the state or any department or agency thereof; the federal
government or any department or agency thereof; or any entity in its operation of a public
water system as defined in Code Section 12-5-172.
(3) 'Reproductive toxicity' means the potential risk from a given chemical, physical, or
biological agent to adversely affect both male and female fertility as well as offspring
development. Such term may include adverse effects on sexual function, ovarian
function, and fertility as well as developmental toxicity in the offspring. Lowered
effective fertility related to such term relates to both male and female effects alike and
is reflected in decreased sperm counts, semen quality, and ovarian failure.
(4) 'Significant amount' means any detectable amount except an amount which would
meet the exemption test in Code Section 31-55-8 if an individual were exposed to such
an amount in drinking water.
(5) 'Source of drinking water' means either a present source of drinking water or water
which is identified or designated as being suitable for domestic or municipal uses.
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<ins>(6) 'Threaten to violate' means to create a condition in which there is a substantial
probability that a violation will occur.
(7) 'Warning' within the meaning of Code Section 31-55-4 need not be provided
separately to each exposed individual and may be provided by general methods such as
labels on consumer products, inclusion of notices in mailings to water customers, posting
of notices, placing notices in public news media, and the like; provided, however, that the
warning accomplished is clear and reasonable. In order to minimize the burden on retail
sellers of consumer products including foods, regulations implementing Code
Section 31-55-4 shall to the extent practicable place the obligation to provide any
warning materials such as labels on the producer or packager rather than on the retail
seller, except where the retail seller itself is responsible for introducing a chemical known
to the state to cause cancer or reproductive toxicity into the consumer product in question.
31-55-3.
No person in the course of doing business shall knowingly discharge or release a chemical
known to the state to cause cancer or reproductive toxicity into water or onto or into land
where such chemical passes or probably will pass into any source of drinking water,
notwithstanding any other provision or authorization of law except as provided in Code
Section 31-55-7.
31-55-4.
No person in the course of doing business shall knowingly and intentionally expose any
individual to a chemical known to the state to cause cancer or reproductive toxicity without
first giving clear and reasonable warning to such individual except as provided in Code
Section 31-55-8.
</ins>
<ins>31-55-5.
(a) A person that violates or threatens to violate Code Section 31-55-3 or 31-55-4 may be
enjoined in any court of competent jurisdiction in this state.
(b)(1) A person that has violated Code Section 31-55-3 or 31-55-4 shall be liable for a
civil penalty not to exceed $2,500.00 per day for each violation in addition to any other
penalty established by law. Such civil penalty may be assessed and recovered in a civil
action brought in any court of competent jurisdiction in this state.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the court
shall consider all of the following:
(A) The nature and extent of the violation;
(B) The number and severity of the violations;
(C) The economic effect of the penalty on the violator;
(D) Whether the violator took good faith measures to comply with this chapter;
(E) The willfulness of the violator's misconduct;
(F) The deterrent effect that the imposition of the penalty would have on both the
violator and the regulated community as a whole; and
(G) Any other factor that justice may require.
(c) Actions pursuant to this Code section may be brought by the Attorney General, by a
district attorney, or as provided in subsection (d) of this Code section.
(d) Actions pursuant to this Code section may be brought by a person in the public interest
if both of the following requirements are met:
(1) The private action is commenced more than 60 days from the date that the person has
given notice of an alleged violation of Code Section 31-55-3 or 31-55-4 that is the subject
of the private action to the Attorney General, the district attorney of the judicial circuit
in which the alleged violator is located, and the alleged violator. If the notice alleges a
violation of Code Section 31-55-4, the notice of the alleged violation shall include a
certificate of merit executed by the attorney for the noticing party or by the noticing
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<ins>party, if the noticing party is not represented by an attorney. The certificate of merit shall
state that the person executing the certificate has consulted with one or more persons with
relevant and appropriate experience or expertise who have reviewed facts, studies, or
other data regarding the exposure to the listed chemical that is the subject of the action,
and that, based on that information, the person executing the certificate believes there is
a reasonable and meritorious case for the private action. Factual information sufficient
to establish the basis of the certificate of merit, including the information identified in
paragraph (2) of subsection (h) of this Code section, shall be attached to the certificate
of merit that is served on the Attorney General; and
(2) Neither the Attorney General nor the district attorney has commenced and is
diligently prosecuting an action against the violation.
(e)(1)(A) If, after reviewing the factual information sufficient to establish the basis for
the certificate of merit and meeting and conferring with the noticing party regarding the
basis for the certificate of merit, the Attorney General believes there is no merit to the
action, the Attorney General shall serve a letter to the noticing party and the alleged
violator stating the Attorney General believes there is no merit to the action.
(B) If the Attorney General does not serve a letter pursuant to subparagraph (A) of this
paragraph, this shall not be construed as an endorsement by the Attorney General of the
merit of the action.
(2) A person bringing an action in the public interest pursuant to subsection (d) of this
Code section and a person filing an action in which a violation of this chapter is alleged
shall notify the Attorney General that the action has been filed. Neither this subsection
nor the procedures provided in subsections (f), (g), (h), (i), (j), and (k) of this Code
section shall affect the requirements imposed by statute concerning whether a person
filing an action in which a violation of this chapter is alleged is required to comply with
the requirements of subsection (d) of this Code section.
</ins>
<ins>(f)(1) A person filing an action in the public interest pursuant to subsection (d) of this
Code section, a private person filing an action in which a violation of this chapter is
alleged, or a private person settling a violation of this chapter alleged in a notice given
pursuant to paragraph (1) of subsection (d) of this Code section shall, after the action or
violation is subject either to a settlement or to a judgment, submit to the Attorney General
a reporting form that includes the results of that settlement or judgment and the final
disposition of the case, even if dismissed. At the time of the filing of a judgment
pursuant to an action brought in the public interest pursuant to subsection (d) of this Code
section, or an action brought by a private person in which a violation of this chapter is
alleged, the plaintiff shall file an affidavit verifying that the report required by this
subsection has been accurately completed and submitted to the Attorney General.
(2) A person bringing an action in the public interest pursuant to subsection (d) of this
Code section or a private person bringing an action in which a violation of this chapter
is alleged shall, after the action is either subject to a settlement, with or without court
approval, or to a judgment, submit to the Attorney General a report that includes
information on any corrective action being taken as a part of the settlement or resolution
of the action.
(3) The Attorney General shall develop a reporting form that specifies the information
that shall be reported, including, but not limited to, for purposes of paragraph (2) of
subsection (e) of this Code section, the date the action was filed and the nature of the
relief sought, and, for purposes of this subsection, the amount of the settlement or civil
penalty assessed, other financial terms of the settlement, and any other information the
Attorney General deems appropriate.
(4) If there is a settlement of an action brought by a person in the public interest under
subsection (d) of this Code section, the plaintiff shall submit the settlement, other than
a voluntary dismissal in which no consideration is received from the defendant, to the
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<ins>court for approval upon noticed motion, and the court may approve the settlement only
if the court makes all of the following findings:
(A) The warning that is required by the settlement complies with this chapter;
(B) The award of attorney's fees is reasonable under Georgia law; and
(C) The penalty amount is reasonable based on the criteria set forth in paragraph (2)
of subsection (b) of this Code section.
(5) The plaintiff subject to paragraph (4) of this subsection has the burden of producing
evidence sufficient to sustain each required finding. The plaintiff shall serve the motion
and all supporting papers on the Attorney General, who may appear and participate in a
proceeding without intervening in the case.
(6) Neither this subsection nor the procedures provided in paragraph (2) of subsection (e)
and subsections (g), (h), (i), (j), and (k) of this Code section shall affect the requirements
imposed by statute concerning whether claims raised by a person or public prosecutor not
a party to the action are precluded by a settlement approved by the court.
(g) The Attorney General shall maintain a record of the information submitted pursuant
to subsections (e) and (f) of this Code section and shall make this information available to
the public.
(h)(1) The basis for the certificate of merit required by subsection (d) of this Code
section shall be discoverable only to the extent that the information is relevant to the
subject matter of the action and not subject to the attorney-client privilege, the attorney
work product privilege, or any other legal privilege.
(2) Upon the conclusion of an action brought pursuant to subsection (d) of this Code
section with respect to a defendant, if the trial court determines that there was no actual
or threatened exposure to a listed chemical, the court may, upon the motion of that
alleged violator or upon the court's own motion, review the basis for the belief of the
person executing the certificate of merit, expressed in the certificate of merit, that an
exposure to a listed chemical had occurred or was threatened. The information in the
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<ins>certificate of merit, including the identity of the persons consulted with and relied on by
the certifier and the facts, studies, or other data reviewed by those persons, shall be
disclosed to the court in an in-camera proceeding at which the moving party shall not be
present. If the court finds that there was no credible factual basis for the certifier's belief
that an exposure to a listed chemical had occurred or was threatened, then the action shall
be deemed frivolous within the meaning of Code Section 9-15-14. The court shall not
find a factual basis credible on the basis of a legal theory of liability that is frivolous
within the meaning of Code Section 9-15-14.
(i) The Attorney General may provide the factual information submitted to establish the
basis of the certificate of merit on request to a district attorney within whose judicial circuit
the violation is alleged to have occurred or to any other state or federal government agency,
but, in all other respects, the Attorney General shall maintain and ensure that all recipients
maintain the submitted information as confidential official information to the full extent
authorized.
(j) In an action brought by the Attorney General or a district attorney pursuant to this
chapter, the Attorney General or district attorney may seek and recover costs and attorney's
fees on behalf of a party who provides a notice pursuant to subsection (d) of this Code
section and who renders assistance in that action.
(k) Any person who serves a notice of alleged violation pursuant to paragraph (1) of
subsection (d) of this Code section for an exposure identified in such paragraph, as
appropriate, shall provide to the alleged violator at the time the notice of alleged violation
is served a notice of special compliance procedure and proof of compliance form pursuant
to subsection (l) of this Code section and shall not file an action for that exposure against
the alleged violator, or recover from the alleged violator in a settlement any payment in lieu
of penalties or any reimbursement for costs and attorney's fees, if all of the following
conditions have been met:
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<ins>(1) The notice given pursuant to paragraph (1) of subsection (d) of this Code section was
served on or after January 1, 2027, and alleges that the alleged violator failed to provide
clear and reasonable warning as required under Code Section 31-55-4 regarding one or
more of the following:
(A) An exposure to alcoholic beverages that are consumed on the alleged violator's
premises to the extent onsite consumption is permitted by law;
(B) An exposure to a chemical known to the state to cause cancer or reproductive
toxicity in a food or beverage prepared and sold on the alleged violator's premises
primarily intended for immediate consumption on or off premises, to the extent of both
of the following:
(i) The chemical was not intentionally added; and
(ii) The chemical was formed by cooking or similar preparation of food or beverage
components necessary to render the food or beverage palatable or to avoid
microbiological contamination;
(C) An exposure to environmental tobacco smoke caused by entry of persons, other
than employees, on premises owned or operated by the alleged violator where smoking
is permitted at any location on the premises; or
(D) An exposure to chemicals known to the state to cause cancer or reproductive
toxicity in engine exhaust, to the extent the exposure occurs inside a facility owned or
operated by the alleged violator and primarily intended for parking noncommercial
vehicles;
(2) Within 14 days after service of the notice, the alleged violator has done all of the
following:
(A) Corrected the alleged violation;
(B)(i) Agreed to pay a civil penalty for the alleged violation of Code Section 31-55-4
in the amount of $500.00, to be adjusted every five years pursuant to division (ii) of
this subparagraph, per facility or premises where the alleged violation occurred, of
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<ins>which 75 percent shall be deposited in the Safe Drinking Water and Toxic
Enforcement Fund, and 25 percent shall be paid to the person that served the notice
as provided in Code Section 31-55-9.
(ii) On April 1, 2031, and at each five-year interval thereafter, the dollar amount of
the civil penalty provided pursuant to this subparagraph shall be adjusted by the
Judicial Council of Georgia based on the change in the annual Georgia Consumer
Price Index for All Urban Consumers published by the Bureau of Labor Statistics of
the United States Department of Labor for the most recent five-year period ending on
December 31 of the year preceding the year in which the adjustment is made, rounded
to the nearest $5.00. The Judicial Council of Georgia shall every five years publish
the dollar amount of the adjusted civil penalty provided pursuant to this subparagraph,
together with the date of the next scheduled adjustment; and
(C) Notified, in writing, the person that served the notice of the alleged violation that
the violation has been corrected. The written notice shall include the notice of special
compliance procedure and proof of compliance form specified in subsection (l) of this
Code section, which was provided by the person serving notice of the alleged violation
and which shall be completed by the alleged violator as directed in the notice; and
(3) The alleged violator shall deliver the civil penalty to the person that served the notice
of the alleged violation within 30 days of service of that notice, and the person that served
the notice of violation shall remit the portion of the penalty due to the Safe Drinking
Water and Toxic Enforcement Fund within 30 days of receipt of the funds from the
alleged violator.
(l) The Attorney General shall promulgate a form for the notice which is required to be
provided to an alleged violator pursuant to subsection (k) of this Code section by April 1,
2027. Such notice shall provide for identification of the persons bringing the notice and
provide a contact individual with an address for mail and electronic communications with
such persons; a statement of intent to pursue private action if the public enforcement
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<ins>agencies do not commence or diligently pursue an action to rectify the problem complained
of; a summary of the provisions of this chapter; a statement of the alleged violation; the
number and duration of the alleged violations; a specific identification of the product which
is the subject of the complaint; the chemical allegedly causing the exposure; the routes of
such exposure; the types of harm resulting from such exposure; a demand for preservation
of evidence by all noticed recipients to include all documents relating to the presence of
the chemical in the product; purchase and sales information for the product, which shall
include, but not be limited to, purchasers and suppliers, quantities sold and in inventory,
the identity of the manufacturers, producers, packagers, importers, suppliers, and
distributors, quantity sold or distributed per transaction, as well as the suppliers of the raw
material, and the current inventory of the product in Georgia; efforts to comply with the
provisions of this chapter with respect to the product, and communications with any person
relating to the presence or potential presence of the chemical in the product.
(m) An alleged violator may satisfy the conditions set forth in subsection (k) of this Code
section only one time for a violation arising from the same exposure in the same facility
or on the same premises.
(n) Nothing in subsection (k) of this Code section shall prevent the Attorney General or
a district attorney in whose judicial circuit a violation is alleged to have occurred from
filing an action pursuant to subsection (c) of this Code section against an alleged violator.
In any such action, the amount of any civil penalty for a violation shall be reduced to
reflect any payment made by the alleged violator for the same alleged violation pursuant
to subparagraph (k)(2)(B) of this Code section.
(o) If a violation of this chapter is alleged or the application or construction of provisions
of this chapter is at issue in a proceeding in the Supreme Court or the Court of Appeals,
each party shall serve a copy of the party's brief or petition and brief on the Attorney
General. Service on the Attorney General shall be accomplished by serving the brief, or
petition and brief, at the service address designated by the Attorney General. A brief shall
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<ins>not be accepted or filed unless the proof of service shows service on the Attorney General.
A party failing to comply with this subsection shall be given a reasonable opportunity to
cure the failure before the court imposes sanction, and, in that instance, the court shall
allow the Attorney General reasonable additional time to file a brief in the matter.
31-55-6.
(a) On or before January 1, 2027, the Governor shall cause to be published a list of those
chemicals known to the state to cause cancer or reproductive toxicity as provided in this
chapter, and the Attorney General shall cause such list to be revised and republished in
light of additional knowledge at least once per year thereafter. Such list shall include at a
minimum those substances listed as human or animal carcinogens by the International
Agency for Research on Cancer, as amended, and those substances within the scope of the
federal Hazard Communication Standard, 29 C.F.R. Section 1910.1200, as amended.
(b) A chemical is known to the state to cause cancer or reproductive toxicity within the
meaning of this chapter if, in the opinion of the state's qualified experts, it has been clearly
shown through scientifically valid testing according to generally accepted principles to
cause cancer or reproductive toxicity; if a body considered to be authoritative by such
experts has formally identified it as causing cancer or reproductive toxicity; or if an agency
of the state or federal government has formally required it to be labeled or identified as
causing cancer or reproductive toxicity.
(c) On or before January 1, 2027, and at least once per year thereafter, the Governor shall
cause to be published a separate list of those chemicals that at the time of publication are
required by state or federal law to have been tested for potential to cause cancer or
reproductive toxicity but that the state's qualified experts have not found to have been
adequately tested as required.
(d) The Governor shall identify and consult with the state's qualified experts as necessary
to carry out his or her duties under this Code section.
</ins>
<ins>(e) In carrying out the duties of the Governor under this Code section, the Governor and
his or her designees shall not be considered to be adopting or amending a regulation within
the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
31-55-7.
(a) Code Section 31-55-3 shall not apply to any discharge or release that takes place less
than 20 months subsequent to the listing of the chemical in question on the list required to
be published under subsection (a) of Code Section 31-55-6.
(b)(1) Code Section 31-55-3 shall not apply to any discharge or release that meets both
of the following criteria:
(A) The discharge or release will not cause any significant amount of the discharged
or released chemical to enter any source of drinking water; and
(B) The discharge or release is in conformity with all other laws and with every
applicable regulation, permit, requirement, and order.
(2) In any action brought to enforce Code Section 31-55-3, the burden of showing that
a discharge or release meets the criteria of this subsection shall be on the defendant.
31-55-8.
(a) Code Section 31-55-4 shall not apply to any of the following:
(1) An exposure for which federal law governs warnings in a manner that preempts state
authority;
(2) An exposure that takes place less than 12 months subsequent to the listing of the
chemical in question on the list required to be published under subsection (a) of Code
Section 31-55-6; and
(3) An exposure for which the person responsible can show that the exposure poses no
significant risk assuming lifetime exposure at the level in question for substances known
to the state to cause cancer, and that the exposure will have no observable effect assuming
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<ins>exposure at 1,000 times the level in question for substances known to the state to cause
reproductive toxicity, based on evidence and standards of comparable scientific validity
to the evidence and standards which form the scientific basis for the listing of such
chemical pursuant to subsection (a) of Code Section 31-55-6.
(b) In any action brought to enforce Code Section 31-55-4, the burden of showing that an
exposure meets the criteria of this Code section shall be on the defendant.
31-55-9.
(a) The Governor shall designate a lead agency and other agencies that may be required
to implement this chapter, including this Code section. Each agency so designated may
adopt and modify rules and regulations, standards, and permits as necessary to conform
with and implement this chapter and to further its purposes.
(b) The Safe Drinking Water and Toxic Enforcement Fund is hereby established in the
state treasury. The director of the lead agency designated by the Governor to implement
this chapter may expend the funds in the Safe Drinking Water and Toxic Enforcement
Fund, upon appropriation by the General Assembly, to implement and administer this
chapter. The lead agency designated by the Governor under this Code section shall submit
a report to the Governor, Lieutenant Governor, and Speaker of the House of
Representatives on December 1 of each calendar year detailing the revenues and expenses
of such fund.
(c) In addition to any other money that may be deposited in the Safe Drinking Water and
Toxic Enforcement Fund, all of the following amounts shall be deposited in the fund:
(1) Seventy-five percent of all civil and criminal penalties collected pursuant to this
chapter; and
(2) Any interest earned upon the money deposited into the Safe Drinking Water and
Toxic Enforcement Fund.
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<ins>(d) Twenty-five percent of all civil and criminal penalties collected pursuant to this chapter
shall be paid to the office of the Attorney General or the district attorney, whichever office
brought the action, or, in the case of an action brought by a person under subsection (d) of
Code Section 31-55-5, to that person.
31-55-10.
Nothing in this chapter shall alter or diminish any legal obligation otherwise required in
common law or by statute or regulation, and nothing in this chapter shall create or enlarge
any defense in any action to enforce such legal obligation. Penalties and sanctions imposed
under this chapter shall be in addition to any penalties or sanctions otherwise prescribed
by law.
31-55-11.
The Department of Economic Development shall post in a conspicuous location on its
public website, and include with any informational materials provided to businesses
relating to a business's obligations under state law, a disclaimer that states the following:
'The Safe Drinking Water and Toxic Enforcement Act of 2025 requires businesses to
provide a clear and reasonable warning before knowingly and intentionally exposing
anyone to chemicals that are known to the state to cause cancer or birth defects or other
reproductive harm. It is important to know that a product that receives certification from
the United States Food and Drug Administration, or another federal agency or state
agency, is not necessarily exempt from Georgia requirements for chemical exposure
warnings. Businesses should be aware of the levels of harmful chemicals in their
products and of applicable requirements under the Safe Drinking Water and Toxic
Enforcement Act of 2025.'"
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SECTION 2.
This Act shall become effective on January 1, 2027, if a constitutional amendment is adopted
by the electors at the 2026 General Election authorizing the creation of the Safe Drinking
Water and Toxic Enforcement Fund. If such constitutional amendment is not adopted at the
2026 General Election, then this Act shall not become effective and shall be repealed by
operation of law on such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.