---
title: HB 211. PFAS Receiver Shield Act; enact
collection: bills
id: 2025-2026/hb211
cite_as: HB 211, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb211
md_url: https://georgiacommons.org/bills/2025-2026/hb211.md
text_url: https://georgiacommons.org/bills/2025-2026/hb211/text
source_url: https://www.legis.ga.gov/legislation/69726
date: 2026-02-11
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 249
omitted_url: https://georgiacommons.org/bills/2025-2026/hb211.md?full=1
bill_number: HB 211
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-30
last_action: House Withdrawn, Recommitted
sponsors:
- Kasey Carpenter
- Jason Ridley
- Steve Tarvin
- Matt Barton
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB211/2025
upstream_id: 1949624
summaries_model: claude-sonnet-5
topic_tags:
- PFAS chemicals
- forever chemicals
- tort liability
- environmental law
- product liability
---
# HB 211. PFAS Receiver Shield Act; enact
## Text
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, relating to torts, so as to
provide for immunity from certain lawsuits related to certain chemicals; to provide for
continuation of personal injury liability; to provide for definitions; to provide for related
matters; to provide for a short title; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "PFAS Receiver Shield Act."
SECTION 2.
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding
a new chapter to read as follows:
"CHAPTER 17
51-17-1.
As used in this chapter, the term:
(1) 'Gross negligence' means an intentional, deliberate action, with a reckless disregard
of consequences or something less than criminal misconduct, but greater than gross
negligence or wanton carelessness. Such term involves conduct of a quasi-criminal
nature and the intentional doing of something, either with the knowledge that it is likely
to result in serious injury, or with a knowingly wanton and reckless disregard of its
probable consequences. Such term may include the conscious or intentional violation of
definite law or clear rules of conduct, which shall be judged at the time the conduct
occurred and obedience to such conduct shall not be not discretionary.
(2) 'PFAS' means any perfluorochemicals, polyfluorochemicals, perfluoroalkyl
substances, polyfluoroalkyl substances, and any related chemicals that degrade to
PFAS/PFOA/PFOS, and any precursors to PFAS, PFOA, and PFOS, including, but not
limited to, PFOA, PFOS, GenX, HFPODA, NEtFOSAA, NMeFOSAA, PFBS, PFDA,
PFDoA, PFHpA, PFHxS, PFNA, PFTrDA, PFTA, PFUnA, 11Cl0PF3OUdS,
9Cl-PF3ONS, ADONA, PFPeS, PFHpS, 4:2 FTS (1H, 1H, 2H, 2H-perfluorohexane
sulfonic acid), 6:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), 8:2 FTS (1H,
1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA, PFMPA, PFEESA,
PFHxA, and NFDHA.
(3) 'PFAS manufacturer' means any person or entity that knowingly created, formulated,
licensed, made, manufactured, or otherwise originated into commerce any PFAS
substance and who has sold or licensed any PFAS substance to others for use.
(4) 'PFAS monomer' means the class of fluorinated substances that are components of
PFAS substances, including PFOA, PFOS, GenX, HFPODA, NEtFOSAA, NMeFOSAA,
PFBS, PFDA, PFDoA, PFHpA, PFHxS, PFNA, PFTrDA, PFTA, PFUnA,
11Cl0PF3OUdS, 9Cl-PF3ONS, ADONA, PFPeS, PFHpS, 4:2 FTS (1H, 1H, 2H,
2H-perfluorohexane sulfonic acid), 6:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic
acid), 8:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA,
PFMPA, PFEESA, NFDHA, and chemically similar molecules.
(5) 'PFAS receiver' means any person or entity, not including any person or entity that
is also a PFAS manufacturer, who:
(A) Uses or applies PFAS substances in the manufacture of goods or in agriculture;
(B) Receives or obtains goods or products that contain PFAS;
(C) Purchases or owns goods or products that contain PFAS; or
(D) Is licensed, permitted, and regulated by the Environmental Protection Division of
the Department of Natural Resources, as required by law, and receives industrial or
household solid waste or waste water that contains PFAS.
(6) 'PFAS substance' means any chemical agent or compound containing PFAS, any
polymer where a PFAS monomer is a constituent in the polymerization process, or any
combination of materials where a PFAS monomer is found as a portion of another
molecule received by others for application or use in agriculture or in manufactured
goods or as a processing aid in any industry other than the chemical manufacturing
industry.
51-17-2.
(a)(1) Absent gross negligence, no PFAS receiver shall be held liable for damages in an
action involving a liability claim arising from or related to its intended or incidental use,
receipt, or disposal of PFAS. To negate the immunity provided for in this Code section,
a plaintiff shall plead facts with particularity sufficient to demonstrate gross negligence,
and the determination of whether such conduct constitutes gross negligence shall be a
question of law decided by the court.
(2) No PFAS receiver shall be held liable for damages in an action involving a liability
claim arising from or related to its handling of PFAS substances, including disposal of
industrial effluent into waste-water treatment facilities and of solid waste from PFAS
substances into public landfills where such PFAS receiver has complied with all testing
and met all limits imposed by the rules and regulations of the United States
Environmental Protection Agency and the Environmental Protection Division of the
Department of Natural Resources.
(b) The immunities set forth in subsection (a) of this Code section shall:
(1) Be provided in addition to, and shall in no way limit, any other immunity protections
that may apply in state or federal law;
(2) Not apply to claims brought by the Georgia Environmental Protection Division
enforcing regulations; and
(3) Be available to any environmental engineer or other environmental consultant who
provides any such professional services to the PFAS receiver related to the intended or
incidental use, receipt, or disposal of PFAS by such PFAS receiver.
(c) Nothing in this Code section shall be construed to limit the:
(1) Right of a defendant to seek and recover damages for the tortious injury or death of
a person; or
(2) Duty of a PFAS receiver to provide notice to any individual or the public at large of
any threat to public safety or welfare pursuant to any common law duty to warn or any
applicable federal or state law.
51-17-3.
This chapter shall not modify or supersede the terms or application of:
(1) Title 16, relating to crimes and offenses;
(2) Title 31, relating to health or any state regulations related thereto;
(3) Chapter 9 of Title 34, relating to workers' compensation; or
(4) Chapter 3 of Title 38, relating to emergency management."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would shield businesses and other entities that use, receive, or dispose of PFAS chemicals (sometimes called 'forever chemicals') from most lawsuits over PFAS harm, unless a plaintiff can prove gross negligence.
### Plain-language summary
PFAS are a group of long-lasting industrial chemicals, often called 'forever chemicals,' found in products like nonstick cookware, firefighting foam, and packaging. This bill adds a new chapter to Georgia's tort law creating legal immunity for 'PFAS receivers,' meaning businesses or people who use PFAS in manufacturing or agriculture, buy or own PFAS-containing goods, or handle PFAS-laced waste under state environmental permits.
Under the bill, a PFAS receiver cannot be sued for damages related to its use, receipt, or disposal of PFAS unless the person suing proves 'gross negligence' with specific facts, a legal standard a judge decides rather than a jury. Receivers that comply with EPA and Georgia Environmental Protection Division rules on disposal into landfills or wastewater systems get an even broader shield. The immunity does not apply to enforcement actions by the state's Environmental Protection Division, does not block wrongful death claims, 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.
### What it does
- Creates a new legal shield in Georgia's tort law (O.C.G.A. Title 51) protecting 'PFAS receivers' from most lawsuits over PFAS-related harm.
- Requires anyone suing a PFAS receiver to prove 'gross negligence' with specific facts, and makes that determination a legal question for a judge rather than a jury.
- Gives an added layer of immunity to PFAS receivers who fully comply with EPA and Georgia Environmental Protection Division rules when disposing of PFAS waste into landfills or wastewater systems.
- Extends the same immunity to environmental engineers and consultants who advise PFAS receivers on handling PFAS.
- Exempts the state's Environmental Protection Division from the immunity when it is enforcing environmental regulations, and preserves wrongful death claims and any duty to warn the public.
- Clarifies the new chapter does not override existing Georgia criminal law, health law, workers' compensation law, or emergency management law.
### Who it affects
Manufacturers and farmers who use PFAS in production, businesses that buy or own products containing PFAS, waste and wastewater facilities permitted by the Environmental Protection Division, environmental consultants who advise them, and Georgians who might sue over PFAS-related injury or property damage.
### Why it matters
People harmed by PFAS contamination, sometimes linked to health problems, would face a higher legal bar to win a lawsuit against businesses that used, received, or disposed of the chemicals, since they would have to prove gross negligence rather than ordinary negligence to recover damages.
### Key provisions
- Section 2 adds new Chapter 17 to Title 51, defining PFAS, PFAS monomers, PFAS substances, PFAS manufacturers, and PFAS receivers in detail (O.C.G.A. § 51-17-1).
- O.C.G.A. § 51-17-2(a)(1) bars liability claims against PFAS receivers absent gross negligence, requiring plaintiffs to plead specific facts and making the gross-negligence finding a legal question decided by a judge.
- O.C.G.A. § 51-17-2(a)(2) grants broader immunity for PFAS receivers that comply with EPA and Georgia Environmental Protection Division testing and disposal limits.
- O.C.G.A. § 51-17-2(b) excludes Environmental Protection Division enforcement actions from the immunity and extends the same protection to environmental consultants advising PFAS receivers.
- O.C.G.A. § 51-17-2(c) preserves the right to sue for wrongful death and preserves any legal duty to warn the public of safety threats.
- O.C.G.A. § 51-17-3 states the new chapter does not modify Georgia's criminal law, health law, workers' compensation law, or emergency management law.
- Section 3 makes the Act effective immediately upon the Governor's signature or upon becoming law without signature.
## Status
- Status: Introduced (2025-01-30)
- Last action: House Withdrawn, Recommitted (2026-02-11)
- Sponsors: Kasey Carpenter, Jason Ridley, Steve Tarvin, Matt Barton
- Official page: https://www.legis.ga.gov/legislation/69726
> The history, votes, and amendments (249 characters) are at https://georgiacommons.org/bills/2025-2026/hb211.md?full=1