HB 193: Safe Drinking Water and Toxic Enforcement Act of 2025; enact

Georgia law currently has no broad requirement that businesses warn customers or the public about chemicals linked to cancer or reproductive harm. HB193 would add a new chapter to Title 31 of Georgia's health code creating the 'Safe Drinking Water and Toxic Enforcement Act of 2025,' modeled on California's Proposition 65. It would bar businesses with 10 or more employees from knowingly discharging listed chemicals into sources of drinking water and from knowingly exposing people to those chemicals without a clear warning, unless an exemption applies. The Governor would have to publish and annually update a list of chemicals known to cause cancer or reproductive toxicity, starting by January 1, 2027. The Attorney General, district attorneys, and in some cases private citizens could sue for injunctions and civil penalties up to $2,500 per day, with money going into a new Safe Drinking Water and Toxic Enforcement Fund. The law would only take effect if Georgia voters approve a related constitutional amendment in the 2026 general election; otherwise it is automatically repealed.

• Creates a new Chapter 55 in Title 31 banning businesses with 10 or more employees from discharging chemicals known to cause cancer or reproductive toxicity into or near sources of drinking water.
• Requires those businesses to give a 'clear and reasonable warning' before knowingly exposing anyone to a listed 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.
• Authorizes the Attorney General, district attorneys, and, after a 60-day notice period, private citizens to sue violators for injunctions and civil penalties of up to $2,500 per day.
• Creates the Safe Drinking Water and Toxic Enforcement Fund, funded mostly by penalties collected, to pay for enforcing the new chapter.
• Sets up a simplified 'cure' process for certain small violations (like restaurant food chemicals, secondhand smoke, or parking garage exhaust) letting a business pay a fixed $500 penalty and fix the problem within set deadlines to avoid a lawsuit.

Businesses in Georgia with 10 or more employees, including restaurants, bars, and property owners who allow smoking or operate parking garages, would face new warning and disclosure duties. The Attorney General, district attorneys, the Governor's office, and the Department of Economic Development would gain new administrative and enforcement roles, and private citizens could bring lawsuits.

If enacted, Georgians could see new warning labels or postings wherever businesses use chemicals linked to cancer or reproductive harm, similar to California's Prop 65 warnings. Businesses would face potential lawsuits and daily fines for noncompliance, while citizens and district attorneys could gain new enforcement tools, but only if voters approve a companion constitutional amendment in 2026.

• Section 31-55-2 defines key terms, exempting businesses with fewer than 10 employees, government entities, and public water systems from the warning and discharge rules.
• Section 31-55-3 prohibits knowingly discharging or releasing a listed chemical into or toward any source of drinking water.
• Section 31-55-4 requires clear and reasonable warning before knowingly and intentionally exposing an individual to a listed chemical.
• Section 31-55-5 sets civil penalties 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 with a certificate of merit.
• 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.
• Section 31-55-7 and 31-55-8 create exemptions, including a 20-month grace period after a chemical is listed and a 'no significant risk' defense.
• Section 31-55-9 establishes the Safe Drinking Water and Toxic Enforcement Fund, funded by 75 percent of collected penalties, with 25 percent going to whichever office or person brought the enforcement action.
• Section 2 makes the entire Act contingent on Georgia voters approving a related constitutional amendment at the 2026 General Election; if voters reject it, the Act is automatically repealed.

1. 2025-02-27House Withdrawn, Recommitted (Cámara de Representantes)
2. 2025-02-04House Second Readers (Cámara de Representantes)
3. 2025-02-03House First Readers (Cámara de Representantes)
4. 2025-01-30House Hopper (Cámara de Representantes)

• Angela Moore (D, HD-091)Patrocinador principal

• chemical exposure warnings
• drinking water safety
• consumer protection
• environmental law
• business regulation