SB 577: "Coordinated PFAS Remediation Act"; enact

Senate Bill 577

By: Senators Watson of the 11th, Anderson of the 24th, Payne of the 54th, Cowsert of the 46th and Wicks of the 34th

A BILL TO BE ENTITLED

AN ACT

To amend Titles 12 and 50 of the Official Code of Georgia Annotated, relating to conservation and natural resources and state government, respectively, so as to reserve to the state certain PFAS claims; to provide for enforcement of such claims by the division; to provide for definitions; to provide for statutory construction; to provide for the receipt and administration of lawsuit and settlement proceeds by the Georgia Environmental Finance Authority; to provide for reporting; to provide for a short title; to provide for legislative findings and intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding a new chapter to read as follows: "CHAPTER 18

12-18-1.

This Act shall be known and may be cited as the 'Coordinated PFAS Remediation Act.'

12-18-2.

(a) The General Assembly finds that:

(1) The natural resources and environment of this state are of vital importance to the state and its citizens, and the protection and preservation of natural resources and the environment, including the waters of the state, are an essential concern and responsibility of the government of the state;

(2) Public health and safety are of vital importance to the state and its citizens, and the protection and preservation of public health and safety, including measures to ensure the provision of safe drinking water to the public, are an essential concern and responsibility of the government of the state;

(3) Perfluoroalkyl and polyfluoroalkyl substances, commonly known as "PFAS," have been widely used throughout Georgia, the United States, and the world;

(4) PFAS persist and have been found in water, soil, air, and fish and wildlife throughout Georgia, the United States, and the world;

(5) The removal and remediation of PFAS contamination, including the removal of PFAS from the waters of the state and from county and municipal drinking water systems, can be costly;

(6) Lawsuits have been filed in Georgia and throughout the United States by county, municipal, and other local governments, alleging PFAS contamination of public waters, lands, and facilities, including county and municipal drinking water systems and waste-water treatment systems, seeking damages and other relief;

(7) However, this piecemeal litigation threatens to deplete the resources available to the state and its political subdivisions; and

(8) Sound public policy requires a thoughtful, orderly, and coordinated effort to marshal, conserve, and allocate resources available to the state and its political subdivisions for the treatment, abatement, removal, and remediation of PFAS contamination of public waters, lands, and facilities, including county and municipal drinking water systems and waste-water treatment systems.

(b) It is the intent of the General Assembly to:

(1) Coordinate litigation and other efforts to marshal resources available to the state and its political subdivisions for the treatment, abatement, removal, and remediation of PFAS contamination of public waters, lands, and facilities; and

(2) Promote the conservation and coordinated allocation of resources available to the state and its political subdivisions for the treatment, abatement, removal, and remediation of PFAS contamination of public waters, lands, and facilities, so as to ensure that resources are directed to purposes most beneficial to the citizens of the state as a whole.

12-18-3.

(a) As used in this chapter, the term:

(1) 'Division' means the Environmental Protection Division of the Department of Natural Resources.

(2) 'Local government' means:

(A) Any county, municipality, consolidated government, or other political subdivision or instrumentality of the state;

(B) Any agency, authority, board, commission, department, division, institution, instrumentality, or office of any county, municipality, consolidated government, or other political subdivision of the state;

(C) Any agency, authority, board, commission, department, division, institution, instrumentality, office, or other organization established by intergovernmental agreement among two or more counties, municipalities, consolidated governments, or other political subdivisions of the state;

(D) Any other public or private entity vested with authority by any county, municipality, consolidated government, or other political subdivision or instrumentality of the state to perform services that might otherwise be performed by a local government entity or political subdivision; and

(E) Any other public agency, authority, board, commission, department, division, government, institution, instrumentality, or office created by or under the Constitution of this state or any Act of the General Assembly, except:

(i) The state government;

(ii) The University System of Georgia or an institution or instrumentality of the University System of Georgia; and

(iii) A county or independent school system.

(3) 'PFAS' means any perfluoroalkyl or polyfluoroalkyl substance, any substance that degrades to a perfluoroalkyl or polyfluoroalkyl substance, and any precursor of a perfluoroalkyl or polyfluoroalkyl substance.

(4) 'PFAS claim' means any claim of state government or any local government for damages or any other legal or equitable remedy as a result of, arising from, or relating to PFAS contamination or PFAS damage, including, but not limited to:

(A) Any claim to recover damages or other monetary relief for any damage to, diminution in the value of, impairment of the use of, or loss of any public waters, public lands, public facilities, or other property as a result of, arising from, or relating to PFAS contamination or PFAS damage;

(B) Any claim for the cost or expense of treating, abating, or remediating PFAS contamination of, or removing PFAS from, any public waters, public lands, or public facilities, including, but not limited to, drinking water, waste water, or storm water;

(C) Any claim for the cost or expense of repairing or remediating public facilities or any other property damaged, impaired, or lost as a result of PFAS contamination or PFAS damage;

(D) Any claim for the cost or expense of any construction or improvement of any public facilities or the purchase or lease of any property by state government or any local government for the purpose of removing PFAS from any public waters, public lands, or public facilities, including, but not limited to, drinking water, waste water, or storm water, or otherwise remediating PFAS contamination; and

(E) Any other claim for costs, expenses, damages, or losses sustained, whether directly or indirectly, by state government or any local government as a result of, arising from, or relating to PFAS contamination or PFAS damage.

(5) 'PFAS contamination' means the alleged introduction of PFAS to, or presence of PFAS in, any public waters, public lands, or public facilities.

(6) 'PFAS damage' means any alleged damage to, diminution in the value of, impairment of, or loss of any property of state government or any local government as a result of, arising from, or relating to PFAS contamination.

(7) 'Public facilities' means any buildings or other structures erected or maintained on any public lands by, or for the use of, the state government or any local government.

(8) 'Public lands' means any real property owned or occupied by the state government or any local government.

(9) 'Public waters' means the waters of the state, as such term is defined in Code Section 12-5-172, and any other waters used by any local government for the provision of drinking water to the public.

(10) 'State government' means the executive branch of state government and any agency, authority, board, commission, department, division, institution, instrumentality, or office thereof.

12-18-4.

(a) On and after July 1, 2026, and subject to subsection (c) of this Code section, all PFAS claims shall be reserved to the state and shall be brought exclusively by and through the division pursuant to Code Section 12-18-5.

(b)(1) On and after July 1, 2026, no local government may bring or maintain an action asserting a PFAS claim.

(2) Any civil action in which any local government asserts a PFAS claim that is pending on July 1, 2026, shall be abated and stayed until the division appears and files a motion to substitute the division for the local government. If the division fails to file such a motion within 180 days after July 1, 2026, any PFAS claim asserted by the local government shall be dismissed without prejudice, and the abatement and stay shall be lifted.

(c) Nothing in this chapter shall be construed to apply to any claim resulting from, arising from, or relating to PFAS brought by a natural person or a corporation, limited liability company, partnership, trust, or other entity that does not meet the definition of state government or local government as set forth in Code Section 12-18-3, including, but not limited to, a claim for:

(1) Damage to, diminution in the value of, impairment of the use and enjoyment of, or the loss of private property or any private leasehold or other contractual interest in any public lands or public facilities; or

(2) Personal injury or wrongful death.

12-18-5.

(a) The division shall be authorized to:

(1) Bring and maintain civil actions asserting PFAS claims on behalf of, and in the name of, the state;

(2) Pursue execution of judgments on PFAS claims, whether by fi. fa. or otherwise; and

(3) Negotiate and enter into settlements of PFAS claims on behalf of, and in the name of, the state.

(b) The division may institute any claim brought pursuant to paragraph (1) of subsection (a) as:

(1) A class action to the extent permitted under Title 9, regardless of whether such PFAS claims may concern different public waters, public lands, public facilities, or properties of the state government or any local government; or

(2) Individual claims in different courts on behalf of different political subdivisions of the state, and such claims shall not be barred or impaired by any doctrine preventing claim splitting; nor shall the division be limited by any law requiring the division to assert all related claims in a single action.

(c) The Attorney General shall provide legal services to the division in proceedings and settlements under this Code section, and in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.

(d) As provided in Code Section 45-15-4, the Attorney General may select and employ private counsel to perform legal services for the division in proceedings and settlements under this Code section; provided, however, that, by September 1, 2027, and annually thereafter, the Attorney General shall disclose the terms and fee agreements of any such employment in an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Appropriations and the Senate Appropriations Committee.

(e) In connection with the litigation or settlement of any PFAS claim concerning public waters, public lands, public facilities, or other property of a local government:

(1) The division shall consult with the local government;

(2) The local government shall cooperate with the division; and

(3) In litigation, the local government shall be subject to discovery under Article 5 of Chapter 11 of Title 9 as if it were a party.

(f) The proceeds of any judgment or settlement under this Code section shall be paid to the Georgia Environmental Finance Authority for administration in accordance with Code Section 50-23-5.

12-18-6.

Nothing in this chapter shall be construed to:

(1) Impair the obligation of any contract made prior to July 1, 2026; or

(2) Injuriously affect the vested rights of any citizen that were vested prior to July 1, 2026."

SECTION 2.

Title 50 of the Official Code of Georgia, relating to state government, is amended in Chapter 23, relating to Georgia Environmental Finance Authority, by adding new paragraphs to subsection (b) of Code Section 50-23-5, relating to purpose, powers, and duties, to read as follows:

"(31.3) To receive funds in a segregated account from the proceeds of lawsuits contemplated by Code Section 12-18-5 and disburse such funds to the Attorney General as may be appropriate to pursue lawsuits and pay expenses brought or incurred pursuant to Code Section 12-18-5, with any remaining proceeds to be deposited into a separate revolving fund or a drinking water revolving fund for use to promote the purposes of Chapter 18 of Title 12, the 'Coordinated PFAS Remediation Act.'

(31.4) To submit by September 1, 2027, and annually thereafter, to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Appropriations and the Senate Appropriations Committee a report detailing all proceeds received from a judgment or settlement and any disbursements of such funds, including the purposes of the disbursements, pursuant to paragraph (31.3) of this subsection;"

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.