SB 538: "Forever Chemicals Transparency Act"; enact
Last action February 20, 2026 · Senate Read and Referred
A Georgia Senate bill would require publicly owned sewage treatment plants to ask industrial users whether they make or use PFAS 'forever chemicals,' and require those users to report and certify that information annually starting in 2027.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
PFAS, often called 'forever chemicals,' are man-made compounds used in many industries that persist in the environment and have been linked to health risks like certain cancers and developmental effects. Georgia currently has no specific state law requiring disclosure of PFAS discharges into public sewage treatment systems, known as publicly owned treatment works. This bill, called the Forever Chemicals Transparency Act, adds a new section to Georgia's water pollution law (O.C.G.A. § 12-5-30.5). By December 31, 2026, each publicly owned treatment works must ask its industrial users whether they manufacture, produce, or use materials known or suspected to contain PFAS. Starting April 1, 2027, industrial users must report that information annually to both the treatment works and the state Environmental Protection Division, and must certify the accuracy of their submissions under penalty of law. The Board of Natural Resources may adopt rules to carry out the requirement.
What the bill does
- Creates a new Georgia Code section requiring publicly owned sewage treatment plants to ask industrial users about PFAS manufacturing or use by December 31, 2026.
- Requires industrial users and significant industrial users to disclose whether they make, produce, or use materials known or suspected to contain PFAS, and to describe any practices to reduce those discharges.
- Requires annual reporting of this PFAS information to both the treatment plant and the state Environmental Protection Division starting April 1, 2027.
- Requires anyone seeking or renewing a pretreatment discharge permit after April 1, 2027 to include the PFAS disclosure information in their application.
- Requires the person submitting PFAS information to certify its accuracy in writing, with a warning that false submissions can lead to fines and imprisonment.
- Authorizes the Board of Natural Resources to write rules to implement and enforce the new disclosure requirement.
Who it affects
Industrial facilities that discharge waste water into public sewer systems, especially 'significant industrial users' meeting certain discharge volume thresholds, publicly owned treatment works operated by cities and counties, and the state Environmental Protection Division, which will receive copies of the PFAS disclosures.
Why it matters
Because PFAS are costly to remove from water and are linked to health risks, this bill would give treatment plants, regulators, and by extension ratepayers more information about which industrial dischargers may be sending PFAS into the sewer system, potentially informing future cleanup or treatment decisions.
Key provisions
- Section 1 names the bill the 'Forever Chemicals Transparency Act.'
- Section 2 adds new Code section 12-5-30.5, opening with legislative findings that PFAS are widespread, persistent, and linked to health risks such as cancer and reduced immune function.
- Subsection (b) defines key terms including PFAS, industrial user, significant industrial user, and publicly owned treatment works, tying several definitions to existing federal Clean Water Act standards.
- Subsection (d) requires treatment plants to request PFAS information from industrial users by December 31, 2026, covering manufacturing, production, and use of PFAS-containing materials.
- Subsection (e) and (f) set an April 1, 2027 deadline for annual industrial user reporting and for including PFAS disclosures in new or renewed pretreatment permit applications.
- Subsection (g) requires a written certification of accuracy from a responsible official, warning of penalties including fines and imprisonment for false statements.
- Subsection (h) authorizes the Board of Natural Resources to adopt rules to implement the section.
- Section 3 repeals any conflicting laws.
From the bill
“Therefore, the General Assembly finds that the public has a right to know whether private industrial users may be discharging PFAS into publicly owned treatment works.”
“I certify under penalty of law that the information submitted with this certification is, to the best of my knowledge and belief, true, accurate, and complete.”
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Chuck Hufstetler (R, SD-052)
- Ricky Williams (R, SD-025)
- Kay Kirkpatrick (R, SD-032)
- Kim Jackson (D, SD-041)
- Mike Hodges (R, SD-003)
- Elena Parent (D, SD-044)
Topics
- PFAS forever chemicals
- water pollution
- industrial discharge permits
- environmental regulation
- drinking water safety