HB 1054: Safe Drinking Water and Toxic Enforcement Act of 2026; enact

Georgia currently has no broad law requiring businesses to warn the public before exposing them to chemicals linked to cancer or reproductive harm, modeled on California's well-known Proposition 65. This bill would add a new chapter to Georgia's health code doing just that. Businesses with 10 or more employees could not knowingly discharge such chemicals into water that could reach a source of drinking water, and could not knowingly and intentionally expose people to such chemicals without giving a clear warning, unless an exemption applies. The Governor would have to publish and update a list of the covered chemicals every year. The Attorney General, district attorneys, and in some cases private citizens could sue violators for injunctions and civil penalties of up to $2,500 per day per violation. Penalty money would flow into a new Safe Drinking Water and Toxic Enforcement Fund. The law would only take effect on January 1, 2027, and only if Georgia voters approve a related constitutional amendment in the November 2026 election; otherwise it would be automatically repealed.

• Creates a new chapter of Georgia law banning businesses from knowingly discharging chemicals known to cause cancer or reproductive toxicity into or near sources of drinking water.
• Requires businesses to give clear and reasonable warning before knowingly and intentionally exposing anyone to a listed cancer- or reproductive-toxicity chemical, with several exemptions.
• Directs the Governor to publish and annually update an official list of chemicals known to cause cancer or reproductive toxicity, drawing on international and federal hazard lists.
• Lets the Attorney General, district attorneys, or private citizens (after giving notice) sue violators for injunctions and civil penalties of up to $2,500 per day per violation.
• Establishes the Safe Drinking Water and Toxic Enforcement Fund to receive 75 percent of penalty money, with 25 percent going to whichever office or person brought the case.
• Exempts businesses with fewer than 10 employees, government entities, and public water systems, and creates a special 'cure' process letting small violators fix problems within 14 days to avoid lawsuits.

Businesses with 10 or more employees that use, sell, or discharge chemicals linked to cancer or reproductive harm, including restaurants, bars, manufacturers, and retailers; the Attorney General, district attorneys, and the Governor's office, which get new enforcement and listing duties; and private citizens who could file lawsuits after giving notice.

If enacted, Georgians could learn for the first time, through warnings on products, in mailings, or posted notices, when they are being exposed to chemicals the state recognizes as causing cancer or reproductive harm, and businesses could face costly lawsuits and daily fines for failing to warn or for polluting drinking water sources.

• Code Section 31-55-3 bars knowingly discharging or releasing a listed chemical into water or land that could reach a drinking water source.
• Code Section 31-55-4 requires clear and reasonable warning before knowingly and intentionally exposing someone to a listed chemical.
• Code Section 31-55-5 sets civil penalties of up to $2,500 per day per violation and lays out who can sue: the Attorney General, district attorneys, or private citizens after a 60-day notice period.
• Code Section 31-55-5(k) creates a 14-day cure process for certain small violations (like alcohol, tobacco smoke, or cooked-food exposures), letting violators pay a $500 penalty and avoid a lawsuit.
• Code Section 31-55-6 requires the Governor to publish and annually update the list of chemicals known to cause cancer or reproductive toxicity by January 1, 2027.
• Code Section 31-55-7 and 31-55-8 create exemptions, including a 20-month grace period after a chemical is newly listed and a 'no significant risk' defense for low-level exposures.
• Code Section 31-55-9 creates the Safe Drinking Water and Toxic Enforcement Fund, split 75 percent to the fund and 25 percent to whoever brought the enforcement action.
• Section 2 makes the entire Act contingent: it only takes effect January 1, 2027 if voters approve a related constitutional amendment in the 2026 General Election, otherwise it is repealed automatically.

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

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

• drinking water safety
• toxic chemical warnings
• consumer protection
• environmental enforcement
• business regulations