SB577: SB577 "Coordinated PFAS Remediation Act"; enact

26 LC 60 0307 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 Annot ated, relating to1 conservation and natural resources and state government, respectively, so as to reserve to the2 state certain PFAS claims; to provide for enforcement of such c laims by the division; to3 provide for definitions; to provide for statutory construction; to provide for the receipt and4 administration of lawsuit and settlement proceeds by the Georgi a Environmental Finance5 Authority; to provide for reporting; to provide for a short tit le; to provide for legislative6 findings and intent; to provide for related matters; to repeal conflicting laws; and for other7 purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural11 resources, is amended by adding a new chapter to read as follows:12 S. B. 577 - 1 - 26 LC 60 0307 "CHAPTER 1813 12-18-1.14 This Act shall be known and may be cited as the 'Coordinated PFAS Remediation Act.'15 12-18-2.16 (a) The General Assembly finds that:17 (1) The natural resources and environment of this state are of vital importance to the state18 and its citizens, and the protection and preservation of natura l resources and the19 environment, including the waters of the state, are an essential concern and responsibility20 of the government of the state;21 (2) Public health and safety are of vital importance to the state and its citizens, and the22 protection and preservation of public health and safety, including measures to ensure the23 provision of safe drinking water to the public, are an essential concern and responsibility24 of the government of the state;25 (3) Perfluoroalkyl and polyfluoroalkyl substances, commonly known as "PFAS," have26 been widely used throughout Georgia, the United States, and the world;27 (4) PFAS persist and have been found in water, soil, air, and fish and wildlife throughout28 Georgia, the United States, and the world;29 (5) The removal and remediation of PFAS contamination, includi ng the removal of30 PFAS from the waters of the state and from county and municipal drinking water31 systems, can be costly;32 (6) Lawsuits have been filed in Georgia and throughout the Uni ted States by county,33 municipal, and other local governments, alleging PFAS contamination of public waters,34 lands, and facilities, including county and municipal drinking water systems and35 waste-water treatment systems, seeking damages and other relief;36 S. B. 577 - 2 - 26 LC 60 0307 (7) However, this piecemeal litigation threatens to deplete the resources available to the37 state and its political subdivisions; and38 (8) Sound public policy requires a thoughtful, orderly, and coordinated effort to marshal,39 conserve, and allocate resources available to the state and its political subdivisions for the40 treatment, abatement, removal, and remediation of PFAS contamination of public waters,41 lands, and facilities, includi ng county and m unicipal drinking water systems and42 waste-water treatment systems.43 (b) It is the intent of the General Assembly to:44 (1) Coordinate litigation and other efforts to marshal resources available to the state and45 its political subdivisions for the treatment, abatement, removal, and remediation of PFAS46 contamination of public waters, lands, and facilities; and47 (2) Promote the conservation and coordinated allocation of res ources available to the48 state and its political subdivisions for the treatment, abatement, removal, and remediation49 of PFAS contamination of public waters, lands, and facilities, so as to ensure that50 resources are directed to purposes most beneficial to the citizens of the state as a whole.51 12-18-3.52 (a) As used in this chapter, the term:53 (1) 'Division' means the Environmental Protection Division of the Department of Natural54 Resources.55 (2) 'Local government' means:56 (A) Any county, municipality, consolidated government, or other political subdivision57 or instrumentality of the state;58 (B) Any agency, authority, board, commission, department, divi sion, institution,59 instrumentality, or office of any county, municipality, consoli dated government, or60 other political subdivision of the state;61 S. B. 577 - 3 - 26 LC 60 0307 (C) Any agency, authority, board, commission, department, divi sion, institution,62 instrumentality, office, or other organization established by i ntergovernmental63 agreement among two or more counties, municipalities, consolidated governments, or64 other political subdivisions of the state;65 (D) Any other public or private entity vested with authority b y any county,66 municipality, consolidated government, or other political subdivision or instrumentality67 of the state to perform services that might otherwise be perfor med by a local68 government entity or political subdivision; and69 (E) Any other public agency, authority, board, commission, dep artment, division,70 government, institution, instrumentality, or office created by or under the Constitution71 of this state or any Act of the General Assembly, except:72 (i) The state government;73 (ii) The University System of Georgia or an institution or ins trumentality of the74 University System of Georgia; and75 (iii) A county or independent school system.76 (3) 'PFAS' means any perfluoroalkyl or polyfluoroalkyl substan ce, any substance that77 degrades to a perfluoroalkyl or polyfluoroalkyl substance, and any precursor of a78 perfluoroalkyl or polyfluoroalkyl substance.79 (4) 'PFAS claim' means any claim of state government or any lo cal government for80 damages or any other legal or equitable remedy as a result of, arising from, or relating to81 PFAS contamination or PFAS damage, including, but not limited to:82 (A) Any claim to recover damages or other monetary relief for any damage to,83 diminution in the value of, impairment of the use of, or loss of any public waters, public84 lands, public facilities, or other property as a result of, arising from, or relating to PFAS85 contamination or PFAS damage;86 S. B. 577 - 4 - 26 LC 60 0307 (B) Any claim for the cost or expense of treating, abating, or remediating PFAS87 contamination of, or removing PFAS from, any public waters, public lands, or public88 facilities, including, but not limited to, drinking water, waste water, or storm water;89 (C) Any claim for the cost or expense of repairing or remediating public facilities or90 any other property damaged, impaired, or lost as a result of PF AS contamination or91 PFAS damage;92 (D) Any claim for the cost or expense of any construction or i mprovement of any93 public facilities or the purchase or lease of any property by s tate government or any94 local government for the purpose of removing PFAS from any publ ic waters, public95 lands, or public facilities, including, but not limited to, drinking water, waste water, or96 storm water, or otherwise remediating PFAS contamination; and97 (E) Any other claim for costs, expenses, damages, or losses sustained, whether directly98 or indirectly, by state government or any local government as a result of, arising from,99 or relating to PFAS contamination or PFAS damage.100 (5) 'PFAS contamination' means the alleged introduction of PFA S to, or presence of101 PFAS in, any public waters, public lands, or public facilities.102 (6) 'PFAS damage' means any alleged damage to, diminution in the value of, impairment103 of, or loss of any property of state government or any local go vernment as a result of,104 arising from, or relating to PFAS contamination.105 (7) 'Public facilities' means any buildings or other structure s erected or maintained on106 any public lands by, or for the use of, the state government or any local government.107 (8) 'Public lands' means any real property owned or occupied b y the state government108 or any local government.109 (9) 'Public waters' means the waters of the state, as such ter m is defined in Code110 Section 12-5-172, and any other waters used by any local government for the provision111 of drinking water to the public.112 S. B. 577 - 5 - 26 LC 60 0307 (10) 'State government' means the executive branch of state government and any agency,113 authority, board, commission, department, division, institution, instrumentality, or office114 thereof.115 12-18-4.116 (a) On and after July 1, 2026, and subject to subsection (c) of this Code section, all PFAS117 claims shall be reserved to the state and shall be brought excl usively by and through the118 division pursuant to Code Section 12-18-5.119 (b)(1) On and after July 1, 2026, no local government may bring or maintain an action120 asserting a PFAS claim.121 (2) Any civil action in which any local government asserts a PFAS claim that is pending122 on July 1, 2026, shall be abated and stayed until the division appears and files a motion123 to substitute the division for the local government. If the di vision fails to file such a124 motion within 180 days after July 1, 2026, any PFAS claim asser ted by the local125 government shall be dismissed without prejudice, and the abatem ent and stay shall be126 lifted.127 (c) Nothing in this chapter shall be construed to apply to any claim resulting from, arising128 from, or relating to PFAS brought by a natural person or a corp oration, limited liability129 company, partnership, trust, or other entity that does not meet the definition of state130 government or local government as set forth in Code Section 12-18-3, including, but not131 limited to, a claim for:132 (1) Damage to, diminution in the value of, impairment of the use and enjoyment of, or133 the loss of private property or any private leasehold or other contractual interest in any134 public lands or public facilities; or135 (2) Personal injury or wrongful death.136 S. B. 577 - 6 - 26 LC 60 0307 12-18-5.137 (a) The division shall be authorized to:138 (1) Bring and maintain civil actions asserting PFAS claims on behalf of, and in the name139 of, the state;140 (2) Pursue execution of judgments on PFAS claims, whether by fi. fa. or otherwise; and141 (3) Negotiate and enter into settlements of PFAS claims on behalf of, and in the name142 of, the state.143 (b) The division may institute any claim brought pursuant to p aragraph (1) of144 subsection (a) as:145 (1) A class action to the extent permitted under Title 9, regardless of whether such PFAS146 claims may concern different public waters, public lands, public facilities, or properties147 of the state government or any local government; or148 (2) Individual claims in different courts on behalf of different political subdivisions of149 the state, and such claims shall not be barred or impaired by a ny doctrine preventing150 claim splitting; nor shall the division be limited by any law requiring the division to assert151 all related claims in a single action.152 (c) The Attorney General shall provide legal services to the division in proceedings and153 settlements under this Code section, and in connection therewith, Code Sections 45-15-13154 through 45-15-16 shall be fully applicable.155 (d) As provided in Code Section 45-15-4, the Attorney General may select and employ156 private counsel to perform legal services for the division in p roceedings and settlements157 under this Code section; provided, however, that, by September 1, 2027, and annually158 thereafter, the Attorney General shall disclose the terms and f ee agreements of any such159 employment in an annual report to the Governor, the Lieutenant Governor, the Speaker of160 the House of Representatives, and the chairpersons of the House Committee on161 Appropriations and the Senate Appropriations Committee.162 S. B. 577 - 7 - 26 LC 60 0307 (e) In connection with the litigation or settlement of any PFAS claim concerning public163 waters, public lands, public facilities, or other property of a local government:164 (1) The division shall consult with the local government;165 (2) The local government shall cooperate with the division; and166 (3) In litigation, the local government shall be subject to di scovery under Article 5 of167 Chapter 11 of Title 9 as if it were a party.168 (f) The proceeds of any judgment or settlement under this Code section shall be paid to the169 Georgia Environmental Finance Authority for administration in a ccordance with Code170 Section 50-23-5.171 12-18-6.172 Nothing in this chapter shall be construed to:173 (1) Impair the obligation of any contract made prior to July 1, 2026; or174 (2) Injuriously affect the vested rights of any citizen that w ere vested prior to175 July 1, 2026."176 SECTION 2.177 Title 50 of the Official Code of Georgia, relating to state gov ernment, is amended in178 Chapter 23, relating to Georgia Environmental Finance Authority, by adding new paragraphs179 to subsection (b) of Code Section 50-23-5, relating to purpose, powers, and duties, to read180 as follows:181 "(31.3) To receive funds in a segregated account from the proce eds of lawsuits182 contemplated by Code Section 12-18-5 and disburse such funds to the Attorney General183 as may be appropriate to pursue lawsuits and pay expenses brought or incurred pursuant184 to Code Section 12-18-5, with any remaining proceeds to be depo sited into a separate185 revolving fund or a drinking water revolving fund for use to pr omote the purposes of186 Chapter 18 of Title 12, the 'Coordinated PFAS Remediation Act.'187 S. B. 577 - 8 - 26 LC 60 0307 (31.4) To submit by September 1, 2027, and annually thereafter , to the Governor, the188 Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons189 of the House Committee on Appropriations and the Senate Appropriations Committee a190 report detailing all proceeds received from a judgment or settl ement and any191 disbursements of such funds, including the purposes of the disb ursements, pursuant to192 paragraph (31.3) of this subsection;"193 SECTION 3.194 All laws and parts of laws in conflict with this Act are repealed.195 S. B. 577 - 9 -