---
title: HB 43. Disadvantaged Community Drinking Water Assistance Program; establish
collection: bills
id: 2025-2026/hb43
cite_as: HB 43, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb43
md_url: https://georgiacommons.org/bills/2025-2026/hb43.md
text_url: https://georgiacommons.org/bills/2025-2026/hb43/text
source_url: https://www.legis.ga.gov/legislation/69340
date: 2025-01-16
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: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb43.md?full=1
bill_number: HB 43
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-14
last_action: House Second Readers
sponsors:
- Viola Davis
- Kim Schofield
- Rhonda Taylor
- Sandra Scott
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB43/2025
upstream_id: 1919181
summaries_model: claude-sonnet-5
topic_tags:
- drinking water
- rural water systems
- environmental funding
- low-income assistance
- water infrastructure
---
# HB 43. Disadvantaged Community Drinking Water Assistance Program; establish
## Text
House Bill 43
By: Representatives Davis of the 87th, Schofield of the 63rd, Taylor of the 92nd, and Scott of
the 76th
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to general provisions of wells and drinking water, so as to establish the
Disadvantaged Community Drinking Water Assistance Program; to provide for purpose,
requirements, restrictions, and priorities of the program; to provide for definitions; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated,
relating to general provisions of wells and drinking water, is amended by adding a new Code
section to read as follows:
"12-5-74.
(a) As used in this Code section, the term:
(1) 'Director' means the director of the Environmental Protection Division of the
Department of Natural Resources.
(2) 'Disadvantaged community' means any census block group in which 30 percent or
more of the population comprises individuals with an annual household income equal to
or less than 200 percent of the federal poverty level.
(3) 'Division' means the Environmental Protection Division of the Department of Natural
Resources.
(b) There is established the Disadvantaged Community Drinking Water Assistance
Program to be administered by the division.
(c) The purpose of the Disadvantaged Community Drinking Water Assistance Program
shall be to provide financial assistance, as shall be appropriated to the division, to
disadvantaged communities that have experienced a significant decline in quantity or
quality of drinking water and to obtain or maintain adequate quantities of water that meets
the standards set by the federal Safe Drinking Water Act, 42 U.S.C. Section 300f, et seq.
(d) Grants provided pursuant to this Code section may be used for the following purposes:
(1) Point of use treatment and point of entry systems;
(2) Wellhead treatment and distributed treatment facilities;
(3) Blending systems in compliance with state regulations;
(4) Costs related to the consolidation of a small rural water system or multiple small rural
water systems with a larger system;
(5) Construction of new water source facilities including wells and connections to
existing systems;
(6) Water distribution facilities;
(7) Water capacity fees, water supply development fees, water connections fees, and
similar fees that are assessed when a new connection is added to an existing public water
system as part of a consolidation;
(8) Assistance to households to connect to water facilities;
(9) Emergency water supplies; and
(10) Application and technical assistance costs associated with the activities described
in paragraphs (1) through (9) of this subsection.
(e) In determining priorities for funding projects, the director shall take into consideration:
(1) Disadvantaged communities that are currently operating under notices of violation
for failing to provide potable water that meets primary drinking water standards;
(2) Whether the applicant has the ability to qualify for alternative funding sources that
do not result in water rate increases unable to be absorbed by the residential ratepayers;
(3) Disadvantaged communities deemed vulnerable to water shortage conditions because
the systems serving such disadvantaged communities are located in critically overdrafted
groundwater basins and have only a single water supply source;
(4) Rural disadvantaged communities served by individual, on-site domestic wells that
have documented dry well conditions or contaminated well conditions; and
(5) Public water systems that desire to consolidate with each other, or with a larger urban
system, to increase economies of scale to reduce cost of service and increase the level and
quality of water service delivery.
(f) A grant provided under this Code section shall not be used to fund:
(1) More than 100 percent of the costs for:
(A) Technical assistance and other costs associated with application for assistance
through the Disadvantaged Community Drinking Water Assistance Program;
(B) Initial operating costs incurred to start up, test, and place into service project
facilities or components; and
(C) Capital costs of construction of facilities or components to ensure such facilities
and components are properly operational; or
(2) More than 25 percent of operation and maintenance costs incurred subsequent to
placing the facilities or components into service to ensure service remains efficient and
effective.
(g) No more than 25 percent of funds made available in any fiscal year for grants under
this Code section shall be used for operations and maintenance costs."
SECTION 2.
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.
House Bill 43 would create a new state grant program to help low-income Georgia communities fix failing or contaminated drinking water systems, run by the Environmental Protection Division.
### Plain-language summary
Some Georgia communities, especially poorer rural areas, struggle with wells running dry, contaminated water, or water systems that no longer meet federal safe drinking water standards. This bill adds a new section to Georgia's water law (O.C.G.A. Title 12, Chapter 5) creating the Disadvantaged Community Drinking Water Assistance Program, administered by the Environmental Protection Division of the Department of Natural Resources.
The program would use money the legislature appropriates to fund grants for things like water treatment systems, new wells, connecting small water systems to larger ones, and emergency water supplies. A 'disadvantaged community' is defined as a census block group where at least 30 percent of residents have household income at or below 200 percent of the federal poverty level. The division would prioritize communities under violation notices for unsafe water, those facing well or groundwater shortages, and systems interested in consolidating. Grants generally cannot cover more than 25 percent of ongoing operation and maintenance costs, and no more than 25 percent of yearly program funds can go toward those costs overall.
### What it does
- Establishes the Disadvantaged Community Drinking Water Assistance Program inside the state's Environmental Protection Division to fund drinking water fixes.
- Defines 'disadvantaged community' as a census block group where 30 percent or more of residents live at or below 200 percent of the federal poverty level.
- Allows grant money to pay for water treatment systems, new wells, system consolidations, emergency water supplies, and technical assistance costs.
- Directs the division to prioritize communities under drinking water violation notices, those with dry or contaminated wells, and systems seeking to consolidate.
- Caps operation and maintenance funding at 25 percent of project costs per grant and 25 percent of total program funds statewide each year.
### Who it affects
Low-income and rural communities with unreliable or contaminated drinking water, small and rural water utilities, the Environmental Protection Division of the Department of Natural Resources, and households that may need help connecting to water systems or getting emergency water supplies.
### Why it matters
Communities with failing wells or water systems that violate safe drinking water standards could get state grants to build treatment systems, new wells, or consolidate with larger utilities, potentially improving water quality and reliability without forcing large rate increases on residents.
### Key provisions
- New Code Section 12-5-74(a) defines key terms, including 'disadvantaged community' based on income levels within a census block group.
- Subsection (b) and (c) establish the program and state its purpose: helping disadvantaged communities get water meeting federal Safe Drinking Water Act standards.
- Subsection (d) lists ten eligible uses for grant funds, from treatment systems to household connection assistance and emergency supplies.
- Subsection (e) sets five funding priorities, including communities under drinking water violation notices and areas with documented dry or contaminated wells.
- Subsection (f) limits grants to 100 percent of certain startup and construction costs but only 25 percent of ongoing operation and maintenance costs.
- Subsection (g) caps statewide annual spending on operation and maintenance at 25 percent of available program funds.
- Section 2 repeals any conflicting laws, a standard closing provision.
## Status
- Status: Introduced (2025-01-14)
- Last action: House Second Readers (2025-01-16)
- Sponsors: Viola Davis, Kim Schofield, Rhonda Taylor, Sandra Scott
- Official page: https://www.legis.ga.gov/legislation/69340
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb43.md?full=1