GA
Georgia House Bill HB193

Georgia 2025-2026 Regular Session

Georgia House Bill HB193 Compare Versions

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11 25 LC 28 5000
22 House Bill 193
33 By: Representative Moore of the 91
44 st
55
66 A BILL TO BE ENTITLED
77 AN ACT
88 To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to
99 1
1010 provide that persons doing business in this state shall not expose individuals to chemicals2
1111 known to cause cancer or reproductive toxicity without first giving clear and reasonable3
1212 warning nor discharge such chemicals into drinking water; to provide for the content and4
1313 manner of the giving of such warnings; to provide for exceptions; to provide that the5
1414 Governor shall publish lists of such chemicals; to authorize the Attorney General and, under6
1515 specified conditions, district attorneys and other persons to seek injunctions and civil7
1616 penalties; to provide for the Safe Drinking Water and Toxic Enforcement Fund and its8
1717 purposes and funding; to provide for definitions; to provide a short title; to provide for9
1818 related matters; to provide a contingent effective date; to repeal conflicting laws; and for10
1919 other purposes.11
2020 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
2121 SECTION 1.13
2222 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding14
2323 a new chapter to read as follows:15
2424 H. B. 193
2525 - 1 - 25 LC 28 5000
2626 "CHAPTER 5516
2727 31-55-1.17
2828 This chapter shall be known and may be cited as the 'Safe Drinking Water and Toxic18
2929 Enforcement Act of 2025.' This chapter may also be known and may be cited as the19
3030 'Georgia Proposition 25 Act.'20
3131 31-55-2.21
3232 As used in this chapter, the term:22
3333 (1) 'Person' means an individual, trust, firm, joint stock company, corporation, company,23
3434 partnership, limited liability company, or association.24
3535 (2) 'Person in the course of doing business' shall not include any person employing fewer25
3636 than ten employees in his or her business; any city, county, or school district or any26
3737 department or agency thereof; the state or any department or agency thereof; the federal27
3838 government or any department or agency thereof; or any entity in its operation of a public28
3939 water system as defined in Code Section 12-5-172.29
4040 (3) 'Reproductive toxicity' means the potential risk from a given chemical, physical, or30
4141 biological agent to adversely affect both male and female fertility as well as offspring31
4242 development. Such term may include adverse effects on sexual function, ovarian32
4343 function, and fertility as well as developmental toxicity in the offspring. Lowered33
4444 effective fertility related to such term relates to both male and female effects alike and34
4545 is reflected in decreased sperm counts, semen quality, and ovarian failure.35
4646 (4) 'Significant amount' means any detectable amount except an amount which would36
4747 meet the exemption test in Code Section 31-55-8 if an individual were exposed to such37
4848 an amount in drinking water.38
4949 (5) 'Source of drinking water' means either a present source of drinking water or water39
5050 which is identified or designated as being suitable for domestic or municipal uses.40
5151 H. B. 193
5252 - 2 - 25 LC 28 5000
5353 (6) 'Threaten to violate' means to create a condition in which there is a substantial41
5454 probability that a violation will occur.42
5555 (7) 'Warning' within the meaning of Code Section 31-55-4 need not be provided43
5656 separately to each exposed individual and may be provided by general methods such as44
5757 labels on consumer products, inclusion of notices in mailings to water customers, posting45
5858 of notices, placing notices in public news media, and the like; provided, however, that the46
5959 warning accomplished is clear and reasonable. In order to minimize the burden on retail47
6060 sellers of consumer products including foods, regulations implementing Code48
6161 Section 31-55-4 shall to the extent practicable place the obligation to provide any49
6262 warning materials such as labels on the producer or packager rather than on the retail50
6363 seller, except where the retail seller itself is responsible for introducing a chemical known51
6464 to the state to cause cancer or reproductive toxicity into the consumer product in question.52
6565 31-55-3.53
6666 No person in the course of doing business shall knowingly discharge or release a chemical54
6767 known to the state to cause cancer or reproductive toxicity into water or onto or into land55
6868 where such chemical passes or probably will pass into any source of drinking water,56
6969 notwithstanding any other provision or authorization of law except as provided in Code57
7070 Section 31-55-7.58
7171 31-55-4.59
7272 No person in the course of doing business shall knowingly and intentionally expose any60
7373 individual to a chemical known to the state to cause cancer or reproductive toxicity without61
7474 first giving clear and reasonable warning to such individual except as provided in Code62
7575 Section 31-55-8.63
7676 H. B. 193
7777 - 3 - 25 LC 28 5000
7878 31-55-5.64
7979 (a) A person that violates or threatens to violate Code Section 31-55-3 or 31-55-4 may be65
8080 enjoined in any court of competent jurisdiction in this state.66
8181 (b)(1) A person that has violated Code Section 31-55-3 or 31-55-4 shall be liable for a67
8282 civil penalty not to exceed $2,500.00 per day for each violation in addition to any other68
8383 penalty established by law. Such civil penalty may be assessed and recovered in a civil69
8484 action brought in any court of competent jurisdiction in this state.70
8585 (2) In assessing the amount of a civil penalty for a violation of this chapter, the court71
8686 shall consider all of the following:72
8787 (A) The nature and extent of the violation;73
8888 (B) The number and severity of the violations;74
8989 (C) The economic effect of the penalty on the violator;75
9090 (D) Whether the violator took good faith measures to comply with this chapter;76
9191 (E) The willfulness of the violator's misconduct;77
9292 (F) The deterrent effect that the imposition of the penalty would have on both the78
9393 violator and the regulated community as a whole; and79
9494 (G) Any other factor that justice may require.80
9595 (c) Actions pursuant to this Code section may be brought by the Attorney General, by a81
9696 district attorney, or as provided in subsection (d) of this Code section.82
9797 (d) Actions pursuant to this Code section may be brought by a person in the public interest83
9898 if both of the following requirements are met:84
9999 (1) The private action is commenced more than 60 days from the date that the person has85
100100 given notice of an alleged violation of Code Section 31-55-3 or 31-55-4 that is the subject86
101101 of the private action to the Attorney General, the district attorney of the judicial circuit87
102102 in which the alleged violator is located, and the alleged violator. If the notice alleges a88
103103 violation of Code Section 31-55-4, the notice of the alleged violation shall include a89
104104 certificate of merit executed by the attorney for the noticing party or by the noticing90
105105 H. B. 193
106106 - 4 - 25 LC 28 5000
107107 party, if the noticing party is not represented by an attorney. The certificate of merit shall91
108108 state that the person executing the certificate has consulted with one or more persons with92
109109 relevant and appropriate experience or expertise who have reviewed facts, studies, or93
110110 other data regarding the exposure to the listed chemical that is the subject of the action,94
111111 and that, based on that information, the person executing the certificate believes there is95
112112 a reasonable and meritorious case for the private action. Factual information sufficient96
113113 to establish the basis of the certificate of merit, including the information identified in97
114114 paragraph (2) of subsection (h) of this Code section, shall be attached to the certificate98
115115 of merit that is served on the Attorney General; and99
116116 (2) Neither the Attorney General nor the district attorney has commenced and is100
117117 diligently prosecuting an action against the violation.101
118118 (e)(1)(A) If, after reviewing the factual information sufficient to establish the basis for102
119119 the certificate of merit and meeting and conferring with the noticing party regarding the103
120120 basis for the certificate of merit, the Attorney General believes there is no merit to the104
121121 action, the Attorney General shall serve a letter to the noticing party and the alleged105
122122 violator stating the Attorney General believes there is no merit to the action.106
123123 (B) If the Attorney General does not serve a letter pursuant to subparagraph (A) of this107
124124 paragraph, this shall not be construed as an endorsement by the Attorney General of the108
125125 merit of the action.109
126126 (2) A person bringing an action in the public interest pursuant to subsection (d) of this110
127127 Code section and a person filing an action in which a violation of this chapter is alleged111
128128 shall notify the Attorney General that the action has been filed. Neither this subsection112
129129 nor the procedures provided in subsections (f), (g), (h), (i), (j), and (k) of this Code113
130130 section shall affect the requirements imposed by statute concerning whether a person114
131131 filing an action in which a violation of this chapter is alleged is required to comply with115
132132 the requirements of subsection (d) of this Code section.116
133133 H. B. 193
134134 - 5 - 25 LC 28 5000
135135 (f)(1) A person filing an action in the public interest pursuant to subsection (d) of this117
136136 Code section, a private person filing an action in which a violation of this chapter is118
137137 alleged, or a private person settling a violation of this chapter alleged in a notice given119
138138 pursuant to paragraph (1) of subsection (d) of this Code section shall, after the action or120
139139 violation is subject either to a settlement or to a judgment, submit to the Attorney General121
140140 a reporting form that includes the results of that settlement or judgment and the final122
141141 disposition of the case, even if dismissed. At the time of the filing of a judgment123
142142 pursuant to an action brought in the public interest pursuant to subsection (d) of this Code124
143143 section, or an action brought by a private person in which a violation of this chapter is125
144144 alleged, the plaintiff shall file an affidavit verifying that the report required by this126
145145 subsection has been accurately completed and submitted to the Attorney General.127
146146 (2) A person bringing an action in the public interest pursuant to subsection (d) of this128
147147 Code section or a private person bringing an action in which a violation of this chapter129
148148 is alleged shall, after the action is either subject to a settlement, with or without court130
149149 approval, or to a judgment, submit to the Attorney General a report that includes131
150150 information on any corrective action being taken as a part of the settlement or resolution132
151151 of the action.133
152152 (3) The Attorney General shall develop a reporting form that specifies the information134
153153 that shall be reported, including, but not limited to, for purposes of paragraph (2) of135
154154 subsection (e) of this Code section, the date the action was filed and the nature of the136
155155 relief sought, and, for purposes of this subsection, the amount of the settlement or civil137
156156 penalty assessed, other financial terms of the settlement, and any other information the138
157157 Attorney General deems appropriate.139
158158 (4) If there is a settlement of an action brought by a person in the public interest under140
159159 subsection (d) of this Code section, the plaintiff shall submit the settlement, other than141
160160 a voluntary dismissal in which no consideration is received from the defendant, to the142
161161 H. B. 193
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163163 court for approval upon noticed motion, and the court may approve the settlement only143
164164 if the court makes all of the following findings:144
165165 (A) The warning that is required by the settlement complies with this chapter;145
166166 (B) The award of attorney's fees is reasonable under Georgia law; and146
167167 (C) The penalty amount is reasonable based on the criteria set forth in paragraph (2)147
168168 of subsection (b) of this Code section.148
169169 (5) The plaintiff subject to paragraph (4) of this subsection has the burden of producing149
170170 evidence sufficient to sustain each required finding. The plaintiff shall serve the motion150
171171 and all supporting papers on the Attorney General, who may appear and participate in a151
172172 proceeding without intervening in the case.152
173173 (6) Neither this subsection nor the procedures provided in paragraph (2) of subsection (e)153
174174 and subsections (g), (h), (i), (j), and (k) of this Code section shall affect the requirements154
175175 imposed by statute concerning whether claims raised by a person or public prosecutor not155
176176 a party to the action are precluded by a settlement approved by the court.156
177177 (g) The Attorney General shall maintain a record of the information submitted pursuant157
178178 to subsections (e) and (f) of this Code section and shall make this information available to158
179179 the public.159
180180 (h)(1) The basis for the certificate of merit required by subsection (d) of this Code160
181181 section shall be discoverable only to the extent that the information is relevant to the161
182182 subject matter of the action and not subject to the attorney-client privilege, the attorney162
183183 work product privilege, or any other legal privilege.163
184184 (2) Upon the conclusion of an action brought pursuant to subsection (d) of this Code164
185185 section with respect to a defendant, if the trial court determines that there was no actual165
186186 or threatened exposure to a listed chemical, the court may, upon the motion of that166
187187 alleged violator or upon the court's own motion, review the basis for the belief of the167
188188 person executing the certificate of merit, expressed in the certificate of merit, that an168
189189 exposure to a listed chemical had occurred or was threatened. The information in the169
190190 H. B. 193
191191 - 7 - 25 LC 28 5000
192192 certificate of merit, including the identity of the persons consulted with and relied on by170
193193 the certifier and the facts, studies, or other data reviewed by those persons, shall be171
194194 disclosed to the court in an in-camera proceeding at which the moving party shall not be172
195195 present. If the court finds that there was no credible factual basis for the certifier's belief173
196196 that an exposure to a listed chemical had occurred or was threatened, then the action shall174
197197 be deemed frivolous within the meaning of Code Section 9-15-14. The court shall not175
198198 find a factual basis credible on the basis of a legal theory of liability that is frivolous176
199199 within the meaning of Code Section 9-15-14.177
200200 (i) The Attorney General may provide the factual information submitted to establish the178
201201 basis of the certificate of merit on request to a district attorney within whose judicial circuit179
202202 the violation is alleged to have occurred or to any other state or federal government agency,180
203203 but, in all other respects, the Attorney General shall maintain and ensure that all recipients181
204204 maintain the submitted information as confidential official information to the full extent182
205205 authorized.183
206206 (j) In an action brought by the Attorney General or a district attorney pursuant to this184
207207 chapter, the Attorney General or district attorney may seek and recover costs and attorney's185
208208 fees on behalf of a party who provides a notice pursuant to subsection (d) of this Code186
209209 section and who renders assistance in that action.187
210210 (k) Any person who serves a notice of alleged violation pursuant to paragraph (1) of188
211211 subsection (d) of this Code section for an exposure identified in such paragraph, as189
212212 appropriate, shall provide to the alleged violator at the time the notice of alleged violation190
213213 is served a notice of special compliance procedure and proof of compliance form pursuant191
214214 to subsection (l) of this Code section and shall not file an action for that exposure against192
215215 the alleged violator, or recover from the alleged violator in a settlement any payment in lieu193
216216 of penalties or any reimbursement for costs and attorney's fees, if all of the following194
217217 conditions have been met:195
218218 H. B. 193
219219 - 8 - 25 LC 28 5000
220220 (1) The notice given pursuant to paragraph (1) of subsection (d) of this Code section was196
221221 served on or after January 1, 2027, and alleges that the alleged violator failed to provide197
222222 clear and reasonable warning as required under Code Section 31-55-4 regarding one or198
223223 more of the following:199
224224 (A) An exposure to alcoholic beverages that are consumed on the alleged violator's200
225225 premises to the extent onsite consumption is permitted by law;201
226226 (B) An exposure to a chemical known to the state to cause cancer or reproductive202
227227 toxicity in a food or beverage prepared and sold on the alleged violator's premises203
228228 primarily intended for immediate consumption on or off premises, to the extent of both204
229229 of the following:205
230230 (i) The chemical was not intentionally added; and206
231231 (ii) The chemical was formed by cooking or similar preparation of food or beverage207
232232 components necessary to render the food or beverage palatable or to avoid208
233233 microbiological contamination;209
234234 (C) An exposure to environmental tobacco smoke caused by entry of persons, other210
235235 than employees, on premises owned or operated by the alleged violator where smoking211
236236 is permitted at any location on the premises; or212
237237 (D) An exposure to chemicals known to the state to cause cancer or reproductive213
238238 toxicity in engine exhaust, to the extent the exposure occurs inside a facility owned or214
239239 operated by the alleged violator and primarily intended for parking noncommercial215
240240 vehicles;216
241241 (2) Within 14 days after service of the notice, the alleged violator has done all of the217
242242 following:218
243243 (A) Corrected the alleged violation;219
244244 (B)(i) Agreed to pay a civil penalty for the alleged violation of Code Section 31-55-4220
245245 in the amount of $500.00, to be adjusted every five years pursuant to division (ii) of221
246246 this subparagraph, per facility or premises where the alleged violation occurred, of222
247247 H. B. 193
248248 - 9 - 25 LC 28 5000
249249 which 75 percent shall be deposited in the Safe Drinking Water and Toxic223
250250 Enforcement Fund, and 25 percent shall be paid to the person that served the notice224
251251 as provided in Code Section 31-55-9.225
252252 (ii) On April 1, 2031, and at each five-year interval thereafter, the dollar amount of226
253253 the civil penalty provided pursuant to this subparagraph shall be adjusted by the227
254254 Judicial Council of Georgia based on the change in the annual Georgia Consumer228
255255 Price Index for All Urban Consumers published by the Bureau of Labor Statistics of229
256256 the United States Department of Labor for the most recent five-year period ending on230
257257 December 31 of the year preceding the year in which the adjustment is made, rounded231
258258 to the nearest $5.00. The Judicial Council of Georgia shall every five years publish232
259259 the dollar amount of the adjusted civil penalty provided pursuant to this subparagraph,233
260260 together with the date of the next scheduled adjustment; and234
261261 (C) Notified, in writing, the person that served the notice of the alleged violation that235
262262 the violation has been corrected. The written notice shall include the notice of special236
263263 compliance procedure and proof of compliance form specified in subsection (l) of this237
264264 Code section, which was provided by the person serving notice of the alleged violation238
265265 and which shall be completed by the alleged violator as directed in the notice; and239
266266 (3) The alleged violator shall deliver the civil penalty to the person that served the notice240
267267 of the alleged violation within 30 days of service of that notice, and the person that served241
268268 the notice of violation shall remit the portion of the penalty due to the Safe Drinking242
269269 Water and Toxic Enforcement Fund within 30 days of receipt of the funds from the243
270270 alleged violator.244
271271 (l) The Attorney General shall promulgate a form for the notice which is required to be245
272272 provided to an alleged violator pursuant to subsection (k) of this Code section by April 1,246
273273 2027. Such notice shall provide for identification of the persons bringing the notice and247
274274 provide a contact individual with an address for mail and electronic communications with248
275275 such persons; a statement of intent to pursue private action if the public enforcement249
276276 H. B. 193
277277 - 10 - 25 LC 28 5000
278278 agencies do not commence or diligently pursue an action to rectify the problem complained250
279279 of; a summary of the provisions of this chapter; a statement of the alleged violation; the251
280280 number and duration of the alleged violations; a specific identification of the product which252
281281 is the subject of the complaint; the chemical allegedly causing the exposure; the routes of253
282282 such exposure; the types of harm resulting from such exposure; a demand for preservation254
283283 of evidence by all noticed recipients to include all documents relating to the presence of255
284284 the chemical in the product; purchase and sales information for the product, which shall256
285285 include, but not be limited to, purchasers and suppliers, quantities sold and in inventory,257
286286 the identity of the manufacturers, producers, packagers, importers, suppliers, and258
287287 distributors, quantity sold or distributed per transaction, as well as the suppliers of the raw259
288288 material, and the current inventory of the product in Georgia; efforts to comply with the260
289289 provisions of this chapter with respect to the product, and communications with any person261
290290 relating to the presence or potential presence of the chemical in the product.262
291291 (m) An alleged violator may satisfy the conditions set forth in subsection (k) of this Code263
292292 section only one time for a violation arising from the same exposure in the same facility264
293293 or on the same premises.265
294294 (n) Nothing in subsection (k) of this Code section shall prevent the Attorney General or266
295295 a district attorney in whose judicial circuit a violation is alleged to have occurred from267
296296 filing an action pursuant to subsection (c) of this Code section against an alleged violator. 268
297297 In any such action, the amount of any civil penalty for a violation shall be reduced to269
298298 reflect any payment made by the alleged violator for the same alleged violation pursuant270
299299 to subparagraph (k)(2)(B) of this Code section.271
300300 (o) If a violation of this chapter is alleged or the application or construction of provisions272
301301 of this chapter is at issue in a proceeding in the Supreme Court or the Court of Appeals,273
302302 each party shall serve a copy of the party's brief or petition and brief on the Attorney274
303303 General. Service on the Attorney General shall be accomplished by serving the brief, or275
304304 petition and brief, at the service address designated by the Attorney General. A brief shall276
305305 H. B. 193
306306 - 11 - 25 LC 28 5000
307307 not be accepted or filed unless the proof of service shows service on the Attorney General. 277
308308 A party failing to comply with this subsection shall be given a reasonable opportunity to278
309309 cure the failure before the court imposes sanction, and, in that instance, the court shall279
310310 allow the Attorney General reasonable additional time to file a brief in the matter.280
311311 31-55-6.281
312312 (a) On or before January 1, 2027, the Governor shall cause to be published a list of those282
313313 chemicals known to the state to cause cancer or reproductive toxicity as provided in this283
314314 chapter, and the Attorney General shall cause such list to be revised and republished in284
315315 light of additional knowledge at least once per year thereafter. Such list shall include at a285
316316 minimum those substances listed as human or animal carcinogens by the International286
317317 Agency for Research on Cancer, as amended, and those substances within the scope of the287
318318 federal Hazard Communication Standard, 29 C.F.R. Section 1910.1200, as amended.288
319319 (b) A chemical is known to the state to cause cancer or reproductive toxicity within the289
320320 meaning of this chapter if, in the opinion of the state's qualified experts, it has been clearly290
321321 shown through scientifically valid testing according to generally accepted principles to291
322322 cause cancer or reproductive toxicity; if a body considered to be authoritative by such292
323323 experts has formally identified it as causing cancer or reproductive toxicity; or if an agency293
324324 of the state or federal government has formally required it to be labeled or identified as294
325325 causing cancer or reproductive toxicity.295
326326 (c) On or before January 1, 2027, and at least once per year thereafter, the Governor shall296
327327 cause to be published a separate list of those chemicals that at the time of publication are297
328328 required by state or federal law to have been tested for potential to cause cancer or298
329329 reproductive toxicity but that the state's qualified experts have not found to have been299
330330 adequately tested as required.300
331331 (d) The Governor shall identify and consult with the state's qualified experts as necessary301
332332 to carry out his or her duties under this Code section.302
333333 H. B. 193
334334 - 12 - 25 LC 28 5000
335335 (e) In carrying out the duties of the Governor under this Code section, the Governor and303
336336 his or her designees shall not be considered to be adopting or amending a regulation within304
337337 the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'305
338338 31-55-7.306
339339 (a) Code Section 31-55-3 shall not apply to any discharge or release that takes place less307
340340 than 20 months subsequent to the listing of the chemical in question on the list required to308
341341 be published under subsection (a) of Code Section 31-55-6.309
342342 (b)(1) Code Section 31-55-3 shall not apply to any discharge or release that meets both310
343343 of the following criteria:311
344344 (A) The discharge or release will not cause any significant amount of the discharged312
345345 or released chemical to enter any source of drinking water; and313
346346 (B) The discharge or release is in conformity with all other laws and with every314
347347 applicable regulation, permit, requirement, and order.315
348348 (2) In any action brought to enforce Code Section 31-55-3, the burden of showing that316
349349 a discharge or release meets the criteria of this subsection shall be on the defendant.317
350350 31-55-8.318
351351 (a) Code Section 31-55-4 shall not apply to any of the following:319
352352 (1) An exposure for which federal law governs warnings in a manner that preempts state320
353353 authority;321
354354 (2) An exposure that takes place less than 12 months subsequent to the listing of the322
355355 chemical in question on the list required to be published under subsection (a) of Code323
356356 Section 31-55-6; and324
357357 (3) An exposure for which the person responsible can show that the exposure poses no325
358358 significant risk assuming lifetime exposure at the level in question for substances known326
359359 to the state to cause cancer, and that the exposure will have no observable effect assuming327
360360 H. B. 193
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362362 exposure at 1,000 times the level in question for substances known to the state to cause328
363363 reproductive toxicity, based on evidence and standards of comparable scientific validity329
364364 to the evidence and standards which form the scientific basis for the listing of such330
365365 chemical pursuant to subsection (a) of Code Section 31-55-6.331
366366 (b) In any action brought to enforce Code Section 31-55-4, the burden of showing that an332
367367 exposure meets the criteria of this Code section shall be on the defendant.333
368368 31-55-9.334
369369 (a) The Governor shall designate a lead agency and other agencies that may be required335
370370 to implement this chapter, including this Code section. Each agency so designated may336
371371 adopt and modify rules and regulations, standards, and permits as necessary to conform337
372372 with and implement this chapter and to further its purposes.338
373373 (b) The Safe Drinking Water and Toxic Enforcement Fund is hereby established in the339
374374 state treasury. The director of the lead agency designated by the Governor to implement340
375375 this chapter may expend the funds in the Safe Drinking Water and Toxic Enforcement341
376376 Fund, upon appropriation by the General Assembly, to implement and administer this342
377377 chapter. The lead agency designated by the Governor under this Code section shall submit343
378378 a report to the Governor, Lieutenant Governor, and Speaker of the House of344
379379 Representatives on December 1 of each calendar year detailing the revenues and expenses345
380380 of such fund.346
381381 (c) In addition to any other money that may be deposited in the Safe Drinking Water and347
382382 Toxic Enforcement Fund, all of the following amounts shall be deposited in the fund:348
383383 (1) Seventy-five percent of all civil and criminal penalties collected pursuant to this349
384384 chapter; and350
385385 (2) Any interest earned upon the money deposited into the Safe Drinking Water and351
386386 Toxic Enforcement Fund.352
387387 H. B. 193
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389389 (d) Twenty-five percent of all civil and criminal penalties collected pursuant to this chapter353
390390 shall be paid to the office of the Attorney General or the district attorney, whichever office354
391391 brought the action, or, in the case of an action brought by a person under subsection (d) of355
392392 Code Section 31-55-5, to that person.356
393393 31-55-10.357
394394 Nothing in this chapter shall alter or diminish any legal obligation otherwise required in358
395395 common law or by statute or regulation, and nothing in this chapter shall create or enlarge359
396396 any defense in any action to enforce such legal obligation. Penalties and sanctions imposed360
397397 under this chapter shall be in addition to any penalties or sanctions otherwise prescribed361
398398 by law.362
399399 31-55-11.363
400400 The Department of Economic Development shall post in a conspicuous location on its364
401401 public website, and include with any informational materials provided to businesses365
402402 relating to a business's obligations under state law, a disclaimer that states the following:366
403403 'The Safe Drinking Water and Toxic Enforcement Act of 2025 requires businesses to367
404404 provide a clear and reasonable warning before knowingly and intentionally exposing368
405405 anyone to chemicals that are known to the state to cause cancer or birth defects or other369
406406 reproductive harm. It is important to know that a product that receives certification from370
407407 the United States Food and Drug Administration, or another federal agency or state371
408408 agency, is not necessarily exempt from Georgia requirements for chemical exposure372
409409 warnings. Businesses should be aware of the levels of harmful chemicals in their373
410410 products and of applicable requirements under the Safe Drinking Water and Toxic374
411411 Enforcement Act of 2025.'"375
412412 H. B. 193
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414414 SECTION 2.
415415 376
416416 This Act shall become effective on January 1, 2027, if a constitutional amendment is adopted377
417417 by the electors at the 2026 General Election authorizing the creation of the Safe Drinking378
418418 Water and Toxic Enforcement Fund. If such constitutional amendment is not adopted at the379
419419 2026 General Election, then this Act shall not become effective and shall be repealed by380
420420 operation of law on such date.381
421421 SECTION 3.382
422422 All laws and parts of laws in conflict with this Act are repealed.383
423423 H. B. 193
424424 - 16 -