House Bill 665
By: Representatives McCollum of the 30th, Cooper of the 45th, Taylor of the 173rd, 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 Code
of Georgia Annotated, relating to general provisions of the Department of Public Health,
county boards of health, and administration and enforcement, respectively, so as to transfer
all authorities and responsibilities relating to environmental health from the county boards
of health to the Department of Public Health; to provide for the continuation of all contracts
or agreements; to provide that all rights, duties, and obligations related to environmental
health are transferred; to transfer certain employees; to remove from county boards of health
the powers and functions relating to environmental health; to describe responsibilities and
authorities of the Department of Public Health related to environmental health; to provide
for definitions; to provide for statutory construction; to amend Code Section 12-5-7 of the
Official Code of Georgia Annotated, relating to local variances from state restrictions on
outdoor watering, limitations on outdoor irrigation, and exceptions, so as to make a
confirming revision; to provide for related matters; to provide for contingent effectiveness
upon appropriation of funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to
general provisions of the Department of Public Health, is amended by adding a new Code
section to read as follows:
<ins>"31-2A-2.1.
On and after January 1, 2028, the Department of Public Health shall be the successor to the
duties of and shall carry out all of the functions and exercise all of the powers formerly
held by the county boards of health pursuant to this article with regard to environmental
health. The rights, privileges, entitlements, and duties of parties to contracts, leases,
agreements, and other transactions related to environmental health entered into before
January 1, 2028, by the county boards of health shall continue to exist and will, by
operation of law, be assumed by the Department of Public Health on January 1, 2028; and
none of these rights, privileges, entitlements, and duties are impaired or diminished by
reason of the transfer of certain functions to the Department of Public Health. In all
instances concerning environmental health, the Department of Public Health shall be
substituted for the county boards of health, and the Department of Public Health shall
succeed to the rights and duties under any such contracts, leases, agreements, and other
transactions. All rules and regulations under the jurisdiction of the county boards of public
health prior to January 1, 2028, will, by operation of law, be assumed by the Department
of Public Health on January 1, 2028, unless such rules and regulations contradict the laws
of this state or rules and regulations promulgated by the commissioner of public health.
All employees of the county boards of public health whose work involves environmental
health shall be transferred to the employment of the Department of Public Health, effective
January 1, 2028. Notwithstanding any provision of law to the contrary, the accrued leave,
rate of accrual, and any other aspects of employment benefits of such employees shall
transfer to the Department of Public Health. The State Personnel Board and the Employees'
</ins>
<ins>Retirement System of Georgia shall be authorized to implement this Code section through
the promulgation of rules and regulations."
</ins> SECTION 2.
Said article is further amended by revising Code Section 31-2A-11, relating to standards for
sewage management systems, as follows:
"31-2A-11.
(a) As used in this Code section, the term:
(1) 'Chamber system' means a system of chambers with each chamber being a molded
polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid
top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall
soil areas. Chambers may be of different sizes and configurations to obtain desired
surface areas.
(2) 'Conventional system' means a system traditionally used composed of perforated pipe
surrounded by gravel or stone masking for the infiltration of effluent into adjoining
bottom and side soil areas.
<ins>(3) 'Existing on-site sewage management system' means a sewage management system
previously constructed and currently functioning on the premises of the examined
property.
</ins> <del>(3)(4)</del> 'On-site sewage management system' means a sewage management system other
than a public or community sewage treatment system serving one or more buildings,
mobile homes, recreational vehicles, residences, or other facilities designed or used for
human occupancy or congregation. Such term shall include, without limitation,
conventional and chamber septic tank systems, privies, and experimental and alternative
on-site sewage management systems which are designed to be physically incapable of a
surface discharge of effluent that may be approved by the department.
<del>(4)(5)</del> 'Prior approved system' means only a chamber system or conventional system or
component of such system which is designed to be physically incapable of a surface
discharge of effluent and which was properly approved pursuant to
subparagraph (a)(2)(B) of this Code section, as such Code section became law on
April 19, 1994, for use according to manufacturers' recommendations, prior to
April 14, 1997.
<del>(5)(6)</del> 'Unsatisfactory service' means documented substandard performance as compared
to other approved systems or components.
(b) The department shall have the authority as it deems necessary and proper to adopt
state-wide regulations for on-site sewage management systems, including but not limited
to experimental and alternative systems. The department is authorized to require that any
such on-site sewage management system be examined and approved prior to allowing the
use of such system in the state; provided, however, that any prior approved system shall
continue to be approved for installation in every county of the state pursuant to the
manufacturer's recommendations, including sizing of no less than 50 percent of trench
length of a conventional system designed for equal flows in similar soil conditions. Upon
written request of one-half or more of the health districts in the state, the department is
authorized to require the reexamination of any such system or component thereof, provided
that documentation is submitted indicating unsatisfactory service of such system or
component thereof. Before any such examination or reexamination, the department may
require the person, persons, or organization manufacturing or marketing the system to
reimburse the department or its agent for the reasonable expenses of such examination.
(c)(1) This subsection shall not be construed to prohibit the governing authority of any
county or municipality in the state from adopting and enforcing codes at the local level;
provided, however, that no county, municipality, or state agency may require any
certified septic tank installer or certified septic tank pumper who has executed and
deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or
execute any code compliance bond or similar bond for the purpose of ensuring that all
construction, installation, or modifications are made or completed in compliance with the
county or municipal ordinances or building and construction codes.
(2) In order to protect the public from damages arising from any work by a certified
septic tank installer or certified septic tank pumper that fails to comply with any state
construction codes or with the ordinances or building and construction codes adopted by
any county or municipal corporation, any such certified septic tank installer or certified
septic tank pumper may execute and deposit with the judge of the probate court in the
county of his or her principal place of business a bond in the sum of $10,000.00. Such
bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified
to write surety bonds in the State of Georgia and shall be approved by the local county
or municipal health department. Such bond shall be conditioned upon all work done or
supervised by such certificate holder complying with the provisions of any state
construction codes or any ordinances or building and construction codes of any county
or municipal corporation wherein the work is performed. Action on such bond may be
brought against the principal and surety thereon in the name of and for the benefit of any
person who suffers damages as a consequence of said certificate holder's work not
conforming to the requirements of any ordinances or building and construction codes;
provided, however, that the aggregate liability of the surety to all persons so damaged
shall in no event exceed the sum of such bond.
(3) In any case where a bond is required under this subsection, the certified septic tank
installer or certified septic tank pumper shall file a copy of the bond with the county or
municipal health department in the political subdivision wherein the work is being
performed.
(4) The provisions of this subsection shall not apply to or affect any bonding
requirements involving contracts for public works as provided in Chapter 10 of Title 13.
(d) This Code section does not restrict the work of a plumber licensed by the State
Construction Industry Licensing Board to access any on-site sewage management system
for the purpose of servicing or repairing any plumbing system or connection to the on-site
sewage management system.
<ins>(e)(1) Any department official or other individual certified by the department to evaluate
the status of a prospective or an existing on-site sewage management system shall do so
by using an evaluation form provided by the department. Such evaluation shall follow
standards set by the department. Completed evaluation forms shall be submitted to the
local health department for record-keeping purposes.
(2) Any county or municipal governing authority, mortgage company, or other
requesting entity shall accept an existing on-site sewage management performance
evaluation form from any individual authorized to complete such evaluation pursuant to
paragraph (1) of this subsection."
</ins> SECTION 3.
Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards
of health, is amended by adding a new Code section to read as follows:
<ins>"31-3-1.1.
As used in this chapter, the term environmental health' means the science and practice of
preventing human injury and illness and promoting well-being by identifying and
evaluating environmental sources and hazardous agents that may adversely affect human
health and limiting exposures to hazardous physical, chemical, and biological agents in air,
water, soil, food, and other environmental media or settings."
</ins> SECTION 4.
Said chapter is further amended by revising Code Section 31-3-4, relating to powers, as
follows:
"31-3-4.
<del>(a)</del> The county board of health is empowered to:
(1) Establish and adopt bylaws for its own governance. Meetings shall be held no less
frequently than quarterly;
(2) Exercise responsibility and authority in all matters within the county pertaining to
health unless the responsibility for enforcement of such is by law that of another agency;
(3) Take such steps as may be necessary to prevent and suppress disease and conditions
deleterious to health and to determine compliance with health laws and rules, regulations,
and standards adopted thereunder;
(4) Adopt and enforce rules and regulations appropriate to its functions and powers,
provided <ins>that</ins> such rules and regulations are not in conflict with the rules and regulations
of the department. Such rules and regulations <del>must</del> <ins>shall</ins> be reasonably adapted to the
purposes intended and <del>must</del> <ins>shall</ins> be within the purview of the powers and duties imposed
upon the county board of health by this chapter;
(5) Receive and administer all grants, gifts, moneys, and donations for purposes
pertaining to health pursuant to this chapter;
(6) Make contracts and establish fees for the provision of public health services provided
by county boards of health, <del>including but not limited to environmental health services,
which fees may be charged to persons or to establishments and premises within the
county for inspection of such establishments, premises, structures and appurtenances
thereto, or for other county board of health services. All such fees may be used to defray
costs of providing such local services and shall supplement but not replace state or federal
funding. No person shall be denied services on the basis of that person's inability to pay.
The scope of services, operating details, contracts, and fees approved by the county board
of health shall also be approved by the district director of health. No fees for
environmental health services may be charged unless the schedule of fees for such
services has been approved by the county governing authority;
</del>
(7) Contract with the Department of Public Health or other agencies for assistance in the
performance of its functions and the exercise of its powers and for supplying services
which are within its purview to perform, provided that such contracts and amendments
thereto shall have first been approved by the department. In entering into any contracts
to perform its functions and to exercise its powers, and for supplying services which are
within its purview to perform, any county board of health or any health district created
under the authority of Code Section 31-3-15 shall be considered an agency and such
agency shall have the authority to contract with any other county board of health;
combination of county boards of health; any other health district; public or private
hospitals; hospital authorities; medical schools; training and educational institutions;
departments and agencies of the state; county or municipal governments; persons,
partnerships, corporations, and associations, public or private; the United States
government or the government of any other state; or any other legal entity; and
(8) The county board of health in each county of this state having a population of
400,000 or more according to the United States decennial census of 1990 or any future
such census is authorized to develop and implement activities for the prevention of
injuries and incorporate injury prevention measures in rules and regulations which are
within the purview of the county board of health to promulgate which shall be effective
when adopted by an ordinance of the county governing authority.
(b) Notwithstanding the provisions contained in subsection (a) of this Code section and
Code Section 31-3-5, nothing contained in this Code section or Code Section 31-3-5 shall
be construed to empower a county board of health to adopt any rules or regulations or
provisions to enforce any rules or regulations pertaining to matters provided for or
otherwise regulated pursuant to the provisions of Part 1 of Article 2 of Chapter 8 of
Title 12, the 'Georgia Comprehensive Solid Waste Management Act,' as now or hereafter
amended, or the rules and regulations promulgated pursuant to such part."
SECTION 5.
Said chapter is further amended by revising Code Section 31-3-5, relating to functions, as
follows:
"31-3-5.
<del>(a) Subject to the provisions of Code Section 31-2A-11 and subsection (b) of this Code
section, each</del> <ins>Each</ins> county board of health shall have and discharge, within its jurisdiction,
subject to any valid local Act which shall remain in force and effect, the following
functions:
(1) To determine the health needs and resources of its jurisdiction by research and by
collection, analysis, and evaluation of all data pertaining to the health of the community;
(2) To develop, in cooperation with the department, programs, activities, and facilities
responsive to the needs of its area;
(3) To secure compliance with the rules and regulations of the department that have local
application; and
(4) To enforce, or cause enforcement of, all laws pertaining to health unless the
responsibility for the enforcement of such laws is that of another agency.
<del>(b) Each county board of health shall have the power and duty to adopt regulations
providing standards and requirements governing the installation of on-site sewage
management systems within the incorporated and unincorporated area of the county,
subject to the provisions of Code Section 31-2A-11, any rules and regulations promulgated
under Code Section 31-2A-11, and subsection (d) of this Code section. Such regulations
shall include and be limited to the following:
(1) Specifying the locations within the incorporated and unincorporated area of the
county where on-site sewage management systems may be installed;
(2) Specifying the minimum lot size or land area which may be served by an on-site
sewage management system based on scientific data regarding on-site sewage
management systems;
</del>
<del>(3) Specifying the types of residences, buildings, or facilities which may be served by
on-site sewage management systems;
(4) Issuing permits for the installation of on-site sewage management systems prior to
such installation;
(5) Inspecting on-site sewage management system installations prior to the completion
of the installation; and
(6) Providing for ongoing maintenance of such systems, except for nonmechanical
residential sewage management systems.
(c) Nothing in this Code section or in Code Section 31-3-5.1 shall limit the power of a
county or municipal governing authority to exercise its zoning powers or to establish
minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b)
of this Code section.
(d)(1) Any person may register with the department to conduct soil investigations and
prepare soil reports of a site within the state for an on-site sewage management system
who meets any one of the following criteria:
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this
subsection;
(B) Holds a valid certificate of registration as a professional engineer issued pursuant
to Chapter 15 of Title 43 and is practicing within his or her area of engineering
competency;
(C) Holds a valid certificate of registration as a registered geologist issued pursuant to
Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;
or
(D) Is a soil and water conservation technician as defined in subparagraph (A) of
paragraph (3) of this subsection.
(2) Upon the submission of an evaluation of the suitability of a site within the state for
an on-site sewage management system by such a person who is registered with the
</del>
<del>department, the county board of health shall be required to accept the evaluation unless
such evaluation is found by the county board of health to be deficient or questionable.
If the county board of health finds such evaluation to be deficient or questionable, the
board shall, within three working days of making such finding, issue a written
determination stating all deficiencies and all measures needed to correct the deficiencies.
A copy of this determination shall be provided to the state director of environmental
health.
(3) As used in this subsection, the term:
(A) 'Soil and water conservation technician' means a person employed as a soil and
water conservation technician by a soil and water conservation district provided for in
Article 2 of Chapter 6 of Title 2.
(B) 'Soil classifier' means a person who:
(i) Holds at least a bachelor of science degree from an accredited college or
university with a major in soil science or a related field of science. This degree shall
include 30 semester credit hours or equivalent quarter credit hours in the biological,
physical, chemical, and earth sciences with a minimum of 15 semester credit hours
or equivalent quarter hours in soil science courses meeting the following distribution:
(I) A minimum of one course in soil classification, morphology, genesis, and
mapping; and
(II) The remaining soil science credits shall be in at least three of the following
eight categories: introductory soil science; soil fertility; soil microbiology; soil
chemistry; soil physics; soil management, soils and land use, or soils and the
environment; soil mineralogy; or a three credit maximum in independent study,
geology, or hydrology;
(ii) Has at least four years of verifiable full-time or equivalent part-time experience.
Two years of such experience, as determined by the department's soil classifiers
advisory committee, shall have been obtained after meeting all the educational
</del>
<del>requirements of division (i) of this subparagraph under the supervision of a soil
classifier who has met the education and experience requirements provided in this
subparagraph and shall have been spent actively mapping, identifying, and classifying
soil features and interpreting the influence of soil features on soil uses, including, but
not limited to, conducting soil investigations for determining the suitability of sites
for on-site sewage management systems as approved by the department's soil
classifiers advisory committee. The remaining two years of such experience, as
determined by the department's soil classifiers advisory committee, shall have
occurred prior to, during, or after meeting all the educational requirements of
division (i) of this subparagraph and shall have included the utilization of soil science
concepts and techniques in mapping, identifying, and classifying soil features and
interpreting the influence of soil features on soil uses, including, but not limited to,
conducting soil investigations for determining the suitability of sites for on-site
sewage management systems as approved by the department's soil classifiers advisory
committee; and
(iii) Has successfully passed a written examination pertaining to site investigations
for on-site sewage management systems administered or approved by the department."
</del> SECTION 6.
Said chapter is further amended by repealing Code Section 31-3-5.1, relating to conformity
prerequisite to building permit.
SECTION 7.
Said chapter is further amended by repealing Code Section 31-3-5.2, relating to definition
of "gray water" and lawful use.
SECTION 8.
Said chapter is further amended by repealing and reserving Code Section 31-3-11, relating
to direction and supervision of staff.
SECTION 9.
Said chapter is further amended by revising Code Section 31-3-15, relating to establishment
of health districts, as follows:
"31-3-15.
The department is authorized, with the consent of the boards of health and the county
authorities of the counties involved, to establish health districts composed of one or more
counties. To further the purposes of this Code section, county boards of health may
contract with each other for the provision of multicounty services and also exercise any
additional powers as authorized by paragraph (7) of <del>subsection (a) of</del> Code Section 31-3-4;
and in the performance of such contracts a county board of health may utilize its employees
in other counties."
SECTION 10.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising
Chapter 4, which is reserved, as follows:
"CHAPTER 4
31-4-1.
<ins>(a) As used in this chapter, the term:
(1) 'Department' means the Department of Public Health.
(2) 'Environmental health' shall have the same meaning as set forth in Code
Section 31-3-1.1.
</ins>
<ins>(b) The Department of Public Health is empowered to:
(1) Exercise responsibility and authority in all matters in this state and all counties within
this state pertaining to environmental health unless the responsibility for enforcement of
such is by law that of another agency;
(2) Receive and administer all grants, gifts, moneys, and donations for purposes
pertaining to environmental health pursuant to this chapter;
(3) Make contracts and establish fees for the provision of environmental health services,
which fees may be charged to persons or to establishments and premises for the
inspection of such establishments, premises, structures and appurtenances thereto, or for
other environmental health services; and
(4) Contract with other agencies for assistance in the performance of its functions and
the exercise of its powers and for supplying services which are within its purview to
perform. In entering into any contracts to perform its functions and to exercise its
powers, and for supplying services which are within its purview to perform, the
department may contract with other agencies of the state; county or municipal
governments; persons, partnerships, corporations, and associations, public or private; the
United States government or the government of any other state; or any other legal
entities.
(c) Notwithstanding the provisions of subsection (b) of this Code section and Code
Section 31-3-5, nothing contained in this chapter or Code Section 31-3-5 shall be construed
to empower the Department of Public Health to adopt any rules or regulations or to enforce
any rules or regulations pertaining to matters provided for or otherwise regulated pursuant
to Part 1 of Article 2 of Chapter 8 of Title 12, the 'Georgia Comprehensive Solid Waste
Management Act,' as now or hereafter amended, or the rules and regulations promulgated
pursuant to such part.</ins> <del>Reserved.
</del>
<ins>31-4-2.
(a) Subject to the provisions of Code Section 31-2A-11 and subsection (b) of this Code
section, the Department of Public Health shall have and discharge, within this state, the
following functions:
(1) To determine environmental health needs and resources by research and by
collection, analysis, and evaluation of all data pertaining to environmental health of each
community in this state; and
(2) To enforce, or cause enforcement of, all laws pertaining to environmental health
unless the responsibility for the enforcement of such laws is that of another agency.
(b) The department shall have the power and duty to adopt regulations providing standards
and requirements governing the installation of on-site sewage management systems within
the incorporated and unincorporated areas of a county, subject to the provisions of Code
Section 31-2A-11, any rules and regulations promulgated under Code Section 31-2A-11,
and subsection (e) of this Code section. Such regulations shall include the following:
(1) Specifying the locations within the incorporated and unincorporated areas of a county
where on-site sewage management systems may be installed;
(2) Specifying the minimum lot size or land area which may be served by an on-site
sewage management system based on scientific data regarding on-site sewage
management systems;
(3) Specifying the types of residences, buildings, or facilities which may be served by
on-site sewage management systems;
(4) Issuing permits for the installation of on-site sewage management systems prior to
such installation;
(5) Inspecting on-site sewage management system installations prior to the completion
of the installation; and
(6) Providing for ongoing maintenance of such systems, except for nonmechanical
residential sewage management systems.
</ins>
<ins>(c) Nothing in subsection (b) of this Code section shall be construed to prohibit the
adoption of different rules for different parts of the state due to differences in soil, terrain,
or other considerations.
(d) Nothing in this Code section shall be construed to limit the power of a county or
municipal governing authority to exercise its zoning powers or to establish minimum lot
sizes.
(e)(1) Any person may register with the department to conduct soil investigations and
prepare soil reports of a site within the state for an on-site sewage management system
who meets any one of the following criteria:
(A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this
subsection;
(B) Holds a valid certificate of registration as a professional engineer issued pursuant
to Chapter 15 of Title 43 and is practicing within his or her area of engineering
competency;
(C) Holds a valid certificate of registration as a registered geologist issued pursuant to
Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;
or
(D) Qualifies as a soil and water conservation technician as defined in
subparagraph (A) of paragraph (3) of this subsection.
(2) Upon the submission of an evaluation of the suitability of a site within the state for
an on-site sewage management system by a person who is registered with the department,
the department shall, within three business days of receiving such an evaluation, provide
a written determination stating all deficiencies and all measures needed to correct the
deficiencies. A copy of such determination shall be provided to the director of the
Environmental Health Division of the Department of Public Health.
(3) As used in this subsection, the term:
</ins>
<ins>(A) 'Soil and water conservation technician' means a person employed as a soil and
water conservation technician by a soil and water conservation district provided for in
Article 2 of Chapter 6 of Title 2.
(B) 'Soil classifier' means a person who:
(i) Holds at least a bachelor of science degree from an accredited college or
university with a major in soil science or a related field of science. Such degree shall
include 30 semester credit hours or equivalent quarter credit hours in the biological,
physical, chemical, and earth sciences with a minimum of 15 semester credit hours
or equivalent quarter hours in soil science courses meeting the following distribution:
(I) A minimum of one course in soil classification, morphology, genesis, and
mapping; and
(II) The remaining soil science credits shall be in at least three of the following
eight categories: introductory soil science; soil fertility; soil microbiology; soil
chemistry; soil physics; soil management, soils and land use, or soils and the
environment; soil mineralogy; or a three credit maximum in independent study,
geology, or hydrology;
(ii) Has at least four years of verifiable full-time or equivalent part-time experience.
Two years of such experience, as determined by the department's soil classifiers
advisory committee, shall have been obtained after meeting all the educational
requirements of division (i) of this subparagraph under the supervision of a soil
classifier who has met the education and experience requirements provided in this
subparagraph and shall have been spent actively mapping, identifying, and classifying
soil features and interpreting the influence of soil features on soil uses, including, but
not limited to, conducting soil investigations for determining the suitability of sites
for on-site sewage management systems as approved by the department's soil
classifiers advisory committee. The remaining two years of such experience, as
determined by the department's soil classifiers advisory committee, shall have
</ins>
<ins>occurred prior to, during, or after meeting all the educational requirements of
division (i) of this subparagraph and shall have included the utilization of soil science
concepts and techniques in mapping, identifying, and classifying soil features and
interpreting the influence of soil features on soil uses, including, but not limited to,
conducting soil investigations for determining the suitability of sites for on-site
sewage management systems as approved by the department's soil classifiers advisory
committee; and
(iii) Has successfully passed a written examination pertaining to site investigations
for on-site sewage management systems administered or approved by the department.
31-4-3.
No building permit for the construction of any residence, building, or other facility which
is to be served by a sewage management system shall be issued by or pursuant to the
authority of a city or county governing authority unless the sewage management system
installation permit is in conformity with standards contained in Code Section 31-2A-11 for
sewage management systems. No person, firm, corporation, or other entity shall install a
sewage management system in violation of the provisions of Code Section 31-2A-11 or the
regulations of the department. Each city or county governing authority shall provide by
ordinance or resolution for the enforcement of the provisions of this Code section.
31-4-4.
(a) As used in this Code section, the term 'gray water' means waste water discharged from
residential lavatories, bathtubs, showers, clothes washers, and laundry trays.
(b) Private residential direct reuse of gray water shall be lawful if the following conditions
are met:
</ins>
<ins>(1) Gray water originating from the residence shall be used and contained within the
property boundary for household gardening, composting, lawn watering, or landscape
irrigation;
(2) Gray water shall not be used for irrigation of food plants;
(3) The gray water shall not contain hazardous chemicals derived from activities such
as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from
home photography laboratories or similar hobbyist or home occupational activities;
(4) The application of gray water shall be managed to minimize standing water on the
surface;
(5) The application of gray water shall be outside of a floodway;
(6) The gray water shall not contain water used to wash diapers or similarly soiled or
infectious garments unless the gray water is disinfected before irrigation; and
(7) The gray water shall be applied only by hand watering using garden watering cans
or similar hand-held containers.
(c) The department shall adopt the provisions of subsection (b) of this Code section by
regulation. Local governing bodies shall be authorized to punish violations of such
regulations as local ordinance violations, provided that the penalty for each such violation
shall not exceed a $100.00 fine.
31-4-5.
Each employee of the Department of Public Health whose duties include enforcing those
environmental health laws of this state shall be subject to the direction and supervision of
the state director of environmental health of such department. The activities of such
employees with regard to environmental health shall be reported at least quarterly to the
state director of environmental health within the Department of Public Health through a
district director of environmental health. The state director shall make the personnel
actions, including but not limited to termination, which the director deems appropriate for
</ins>
<ins>any employee's failure or refusal to comply with the direction of the state director in
carrying out the environmental health employment duties of such employee."
</ins> SECTION 11.
Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration
and enforcement, is amended by adding a new Code section to read as follows:
<ins>"31-5-1.1.
Nothing in this chapter shall be construed to provide county boards of health with any
authorities or responsibilities relating to environmental health."
</ins> SECTION 12.
Code Section 12-5-7 of the Official Code of Georgia Annotated, relating to local variances
from state restrictions on outdoor watering, limitations on outdoor irrigation, and exceptions,
is amended by revising subparagraph (a.1)(2)(C) as follows:
"(C) Reuse of gray water in compliance with Code Section <del>31-3-5.2</del> <ins>31-4-4</ins> and
applicable local board of health regulations adopted pursuant thereto;"
SECTION 13.
This Act shall become effective only if, prior to January 1, 2027, funds are specifically
appropriated for the purposes of this Act in an appropriations Act making specific reference
to this Act and shall become effective when such funds so appropriated become available for
expenditure.
SECTION 14.
All laws and parts of laws in conflict with this Act are repealed.