SB538: SB538 "Forever Chemicals Transparency Act"; enact

Georgia currently has no specific state law requiring water treatment plants to find out whether industries discharging into them use or produce PFAS, a group of man-made chemicals that persist in the environment and have been linked to health problems like cancer and reduced fertility. This bill, called the Forever Chemicals Transparency Act, changes that by adding a new section to Georgia's water pollution law (O.C.G.A. § 12-5-30.5). By December 31, 2026, every publicly owned treatment works would have to ask its industrial and significant industrial users whether they manufacture PFAS or use materials that contain PFAS. Starting April 1, 2027, those industrial users would have to report that information annually to the treatment works and to the state's Environmental Protection Division, and to include it in pretreatment permit applications. Submissions must be certified in writing under penalty of law, and the Board of Natural Resources can write rules to carry out the requirement.

• Requires every publicly owned treatment works in Georgia to ask its industrial users by December 31, 2026 whether they manufacture or use PFAS chemicals.
• Requires industrial users that answer yes to identify the specific PFAS involved and describe any steps taken to reduce or eliminate PFAS discharges.
• Requires industrial and significant industrial users to report this PFAS information annually to the treatment works and the state starting April 1, 2027.
• Requires PFAS disclosure to be included in pretreatment permit applications submitted to treatment works beginning April 1, 2027.
• Requires each disclosure to be certified in writing under penalty of law by a responsible company official, exposing false statements to possible fines or imprisonment.
• Authorizes the Board of Natural Resources to adopt rules needed to carry out the new reporting requirements.

Publicly owned sewage and wastewater treatment plants run by cities and counties, industrial facilities that discharge wastewater into those plants, and the state's Environmental Protection Division, which would receive copies of the PFAS disclosures and could face new administrative duties.

Because PFAS are expensive and difficult to remove from water, ratepayers can end up covering the cost of cleanup. This bill would give treatment plants and the public more information about which industries may be sending PFAS into the water system, though it does not itself limit or ban PFAS discharges.

• Section 1 names the bill the 'Forever Chemicals Transparency Act.'
• Section 2 adds a new Code section (O.C.G.A. § 12-5-30.5) with legislative findings on PFAS health risks and the public's right to know about industrial PFAS discharges.
• Subsection (b) defines key terms including 'PFAS,' 'industrial user,' 'significant industrial user,' and 'publicly owned treatment works.'
• Subsection (d) requires treatment works to request PFAS-related information from industrial users by December 31, 2026.
• Subsection (e) requires industrial users to submit that information annually starting April 1, 2027, with a copy sent to the state's Environmental Protection Division.
• Subsection (f) requires PFAS disclosure in pretreatment permit applications and renewals beginning April 1, 2027.
• Subsection (g) requires a written certification under penalty of law for all submitted PFAS information.
• Subsection (h) authorizes the Board of Natural Resources to adopt implementing rules and regulations.

1. 2026-02-20Senate Read and Referred (Senate)
2. 2026-02-19Senate Hopper (Senate)

• Chuck Hufstetler (R, SD-052)Primary sponsor
• 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)

• PFAS forever chemicals
• water pollution
• wastewater treatment
• environmental regulation
• industrial discharge