HB1054: HB1054 Safe Drinking Water and Toxic Enforcement Act of 2026; enact

Georgia currently has no broad state law requiring businesses to warn the public before exposing them to cancer-causing or reproductive-toxin chemicals, or barring those chemicals from reaching drinking water. This bill, called the Safe Drinking Water and Toxic Enforcement Act of 2026 (also called the Georgia Proposition 26 Act), would add a new chapter to Georgia's health code creating those requirements. Businesses with 10 or more employees would have to give clear warnings before knowingly exposing someone to a listed chemical, and could not knowingly discharge such chemicals where they would likely reach a drinking water source. The Governor would publish and update a list of the covered chemicals starting January 1, 2027. The Attorney General, district attorneys, and in some cases private citizens could sue for penalties up to $2,500 per violation per day, with most of the money going into a new Safe Drinking Water and Toxic Enforcement Fund. The whole act only takes effect if Georgia voters approve a related constitutional amendment in the 2026 general election; otherwise it is automatically repealed.

• Bans businesses with 10 or more employees from knowingly discharging chemicals known to cause cancer or reproductive harm into water or land that could reach a drinking water source.
• Requires those businesses to give a clear and reasonable warning before knowingly and intentionally exposing anyone to such a chemical, unless an exemption applies.
• Directs the Governor to publish and annually update an official list of chemicals known to cause cancer or reproductive toxicity, starting by January 1, 2027.
• Creates civil penalties of up to $2,500 per day per violation, enforceable by the Attorney General, district attorneys, or under certain conditions private citizens acting in the public interest.
• Establishes the Safe Drinking Water and Toxic Enforcement Fund to receive 75 percent of penalties collected, with the rest going to whichever office brought the case.
• Sets up a lower-cost 'special compliance' process for small businesses (like restaurants, bars, and parking garages) letting them pay a fixed $500 penalty and fix certain listed exposures instead of facing a full lawsuit.

Georgia businesses with 10 or more employees, including restaurants, bars, and parking facilities, would face new warning and discharge rules. The Attorney General's office, district attorneys, and the Governor's office would gain new duties, and private citizens could bring enforcement lawsuits under specific conditions. Public water systems, small businesses, and government agencies are exempted.

If enacted, Georgians could receive more warnings about cancer and reproductive-toxin chemicals in products, food, tobacco smoke, or exhaust they encounter, and businesses could face lawsuits and penalties for failing to warn or for polluting drinking water sources. The law only takes effect if voters approve a companion constitutional amendment in 2026.

• Section 31-55-2 defines key terms, exempting businesses with fewer than 10 employees, government bodies, and public water systems from the 'person in the course of doing business' definition.
• Section 31-55-3 prohibits knowingly discharging listed chemicals where they would likely reach drinking water sources, with an exception in Section 31-55-7 for discharges proven safe and lawful.
• Section 31-55-4 requires clear warnings before knowingly exposing someone to a listed chemical, with exemptions in Section 31-55-8 for federally preempted warnings, chemicals listed less than 12 months, or exposures shown to pose no significant risk.
• Section 31-55-5 sets civil penalties up to $2,500 per day per violation and lets the Attorney General, district attorneys, or private citizens (after a 60-day notice period) sue to enforce the law.
• Section 31-55-5(k) creates a streamlined compliance option for specific exposures (alcohol served on premises, certain cooked foods, secondhand smoke, parking garage exhaust) letting violators pay a $500 penalty within 30 days instead of facing full litigation.
• Section 31-55-6 requires the Governor to publish and annually update the list of chemicals known to cause cancer or reproductive toxicity, starting by January 1, 2027.
• Section 31-55-9 creates the Safe Drinking Water and Toxic Enforcement Fund, depositing 75 percent of collected penalties there and 25 percent to whichever office brought the case.
• Section 2 makes the entire Act effective January 1, 2027, only if Georgia voters approve a related constitutional amendment at the 2026 General Election, and repeals the Act automatically if they do not.

1. 2026-01-29House Second Readers (House)
2. 2026-01-28House First Readers (House)
3. 2026-01-27House Hopper (House)

• Angela Moore (D, HD-091)Primary sponsor
• Mekyah McQueen (D, HD-061)
• Park Cannon (D, HD-058)
• Eric Bell (D, HD-075)

• drinking water safety
• toxic chemical warnings
• consumer protection
• environmental law
• cancer risk disclosure