GA
Georgia House Bill HB665

Georgia 2025-2026 Regular Session

Georgia House Bill HB665 Compare Versions

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11 25 LC 46 1165
22 House Bill 665
33 By: Representatives McCollum of the 30
44 th
55 , Cooper of the 45
66 th
77 , Taylor of the 173
88 rd
99 , and
1010 Efstration of the 104
1111 th
1212
1313 A BILL TO BE ENTITLED
1414 AN ACT
1515 To amend Article 1 of Chapter 2A, Chapter 3, and Chapter 5 of Title 31 of the Official Code
1616 1
1717 of Georgia Annotated, relating to general provisions of the Department of Public Health,2
1818 county boards of health, and administration and enforcement, respectively, so as to transfer3
1919 all authorities and responsibilities relating to environmental health from the county boards4
2020 of health to the Department of Public Health; to provide for the continuation of all contracts5
2121 or agreements; to provide that all rights, duties, and obligations related to environmental6
2222 health are transferred; to transfer certain employees; to remove from county boards of health7
2323 the powers and functions relating to environmental health; to describe responsibilities and8
2424 authorities of the Department of Public Health related to environmental health; to provide9
2525 for definitions; to provide for statutory construction; to amend Code Section 12-5-7 of the10
2626 Official Code of Georgia Annotated, relating to local variances from state restrictions on11
2727 outdoor watering, limitations on outdoor irrigation, and exceptions, so as to make a12
2828 confirming revision; to provide for related matters; to provide for contingent effectiveness13
2929 upon appropriation of funds; to repeal conflicting laws; and for other purposes.14
3030 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
3131 H. B. 665
3232 - 1 - 25 LC 46 1165
3333 SECTION 1.
3434 16
3535 Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to17
3636 general provisions of the Department of Public Health, is amended by adding a new Code18
3737 section to read as follows:19
3838 "31-2A-2.1.
3939 20
4040 On and after January 1, 2028, the Department of Public Health shall be the successor to the21
4141 duties of and shall carry out all of the functions and exercise all of the powers formerly22
4242 held by the county boards of health pursuant to this article with regard to environmental23
4343 health. The rights, privileges, entitlements, and duties of parties to contracts, leases,24
4444 agreements, and other transactions related to environmental health entered into before25
4545 January 1, 2028, by the county boards of health shall continue to exist and will, by26
4646 operation of law, be assumed by the Department of Public Health on January 1, 2028; and27
4747 none of these rights, privileges, entitlements, and duties are impaired or diminished by28
4848 reason of the transfer of certain functions to the Department of Public Health. In all29
4949 instances concerning environmental health, the Department of Public Health shall be30
5050 substituted for the county boards of health, and the Department of Public Health shall31
5151 succeed to the rights and duties under any such contracts, leases, agreements, and other32
5252 transactions. All rules and regulations under the jurisdiction of the county boards of public33
5353 health prior to January 1, 2028, will, by operation of law, be assumed by the Department34
5454 of Public Health on January 1, 2028, unless such rules and regulations contradict the laws35
5555 of this state or rules and regulations promulgated by the commissioner of public health. 36
5656 All employees of the county boards of public health whose work involves environmental37
5757 health shall be transferred to the employment of the Department of Public Health, effective38
5858 January 1, 2028. Notwithstanding any provision of law to the contrary, the accrued leave,39
5959 rate of accrual, and any other aspects of employment benefits of such employees shall40
6060 transfer to the Department of Public Health. The State Personnel Board and the Employees'41
6161 H. B. 665
6262 - 2 - 25 LC 46 1165
6363 Retirement System of Georgia shall be authorized to implement this Code section through42
6464 the promulgation of rules and regulations."43
6565 SECTION 2.44
6666 Said article is further amended by revising Code Section 31-2A-11, relating to standards for45
6767 sewage management systems, as follows:46
6868 "31-2A-11.47
6969 (a) As used in this Code section, the term:48
7070 (1) 'Chamber system' means a system of chambers with each chamber being a molded49
7171 polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid50
7272 top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall51
7373 soil areas. Chambers may be of different sizes and configurations to obtain desired52
7474 surface areas.53
7575 (2) 'Conventional system' means a system traditionally used composed of perforated pipe54
7676 surrounded by gravel or stone masking for the infiltration of effluent into adjoining55
7777 bottom and side soil areas.56
7878 (3) 'Existing on-site sewage management system' means a sewage management system57
7979 previously constructed and currently functioning on the premises of the examined58
8080 property.59
8181 (3)(4) 'On-site sewage management system' means a sewage management system other60
8282 than a public or community sewage treatment system serving one or more buildings,61
8383 mobile homes, recreational vehicles, residences, or other facilities designed or used for62
8484 human occupancy or congregation. Such term shall include, without limitation,63
8585 conventional and chamber septic tank systems, privies, and experimental and alternative64
8686 on-site sewage management systems which are designed to be physically incapable of a65
8787 surface discharge of effluent that may be approved by the department.66
8888 H. B. 665
8989 - 3 - 25 LC 46 1165
9090 (4)(5) 'Prior approved system' means only a chamber system or conventional system or67
9191 component of such system which is designed to be physically incapable of a surface68
9292 discharge of effluent and which was properly approved pursuant to69
9393 subparagraph (a)(2)(B) of this Code section, as such Code section became law on70
9494 April 19, 1994, for use according to manufacturers' recommendations, prior to71
9595 April 14, 1997.72
9696 (5)(6) 'Unsatisfactory service' means documented substandard performance as compared73
9797 to other approved systems or components.74
9898 (b) The department shall have the authority as it deems necessary and proper to adopt75
9999 state-wide regulations for on-site sewage management systems, including but not limited76
100100 to experimental and alternative systems. The department is authorized to require that any77
101101 such on-site sewage management system be examined and approved prior to allowing the78
102102 use of such system in the state; provided, however, that any prior approved system shall79
103103 continue to be approved for installation in every county of the state pursuant to the80
104104 manufacturer's recommendations, including sizing of no less than 50 percent of trench81
105105 length of a conventional system designed for equal flows in similar soil conditions. Upon82
106106 written request of one-half or more of the health districts in the state, the department is83
107107 authorized to require the reexamination of any such system or component thereof, provided84
108108 that documentation is submitted indicating unsatisfactory service of such system or85
109109 component thereof. Before any such examination or reexamination, the department may86
110110 require the person, persons, or organization manufacturing or marketing the system to87
111111 reimburse the department or its agent for the reasonable expenses of such examination.88
112112 (c)(1) This subsection shall not be construed to prohibit the governing authority of any89
113113 county or municipality in the state from adopting and enforcing codes at the local level;90
114114 provided, however, that no county, municipality, or state agency may require any91
115115 certified septic tank installer or certified septic tank pumper who has executed and92
116116 deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or93
117117 H. B. 665
118118 - 4 - 25 LC 46 1165
119119 execute any code compliance bond or similar bond for the purpose of ensuring that all
120120 94
121121 construction, installation, or modifications are made or completed in compliance with the95
122122 county or municipal ordinances or building and construction codes.96
123123 (2) In order to protect the public from damages arising from any work by a certified97
124124 septic tank installer or certified septic tank pumper that fails to comply with any state98
125125 construction codes or with the ordinances or building and construction codes adopted by99
126126 any county or municipal corporation, any such certified septic tank installer or certified100
127127 septic tank pumper may execute and deposit with the judge of the probate court in the101
128128 county of his or her principal place of business a bond in the sum of $10,000.00. Such102
129129 bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified103
130130 to write surety bonds in the State of Georgia and shall be approved by the local county104
131131 or municipal health department. Such bond shall be conditioned upon all work done or105
132132 supervised by such certificate holder complying with the provisions of any state106
133133 construction codes or any ordinances or building and construction codes of any county107
134134 or municipal corporation wherein the work is performed. Action on such bond may be108
135135 brought against the principal and surety thereon in the name of and for the benefit of any109
136136 person who suffers damages as a consequence of said certificate holder's work not110
137137 conforming to the requirements of any ordinances or building and construction codes;111
138138 provided, however, that the aggregate liability of the surety to all persons so damaged112
139139 shall in no event exceed the sum of such bond.113
140140 (3) In any case where a bond is required under this subsection, the certified septic tank114
141141 installer or certified septic tank pumper shall file a copy of the bond with the county or115
142142 municipal health department in the political subdivision wherein the work is being116
143143 performed.117
144144 (4) The provisions of this subsection shall not apply to or affect any bonding118
145145 requirements involving contracts for public works as provided in Chapter 10 of Title 13.119
146146 H. B. 665
147147 - 5 - 25 LC 46 1165
148148 (d) This Code section does not restrict the work of a plumber licensed by the State
149149 120
150150 Construction Industry Licensing Board to access any on-site sewage management system121
151151 for the purpose of servicing or repairing any plumbing system or connection to the on-site122
152152 sewage management system.123
153153 (e)(1) Any department official or other individual certified by the department to evaluate
154154 124
155155 the status of a prospective or an existing on-site sewage management system shall do so125
156156 by using an evaluation form provided by the department. Such evaluation shall follow126
157157 standards set by the department. Completed evaluation forms shall be submitted to the127
158158 local health department for record-keeping purposes.128
159159 (2) Any county or municipal governing authority, mortgage company, or other129
160160 requesting entity shall accept an existing on-site sewage management performance130
161161 evaluation form from any individual authorized to complete such evaluation pursuant to131
162162 paragraph (1) of this subsection."132
163163 SECTION 3.133
164164 Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards134
165165 of health, is amended by adding a new Code section to read as follows:135
166166 "31-3-1.1.136
167167 As used in this chapter, the term environmental health' means the science and practice of137
168168 preventing human injury and illness and promoting well-being by identifying and138
169169 evaluating environmental sources and hazardous agents that may adversely affect human139
170170 health and limiting exposures to hazardous physical, chemical, and biological agents in air,140
171171 water, soil, food, and other environmental media or settings."141
172172 SECTION 4.142
173173 Said chapter is further amended by revising Code Section 31-3-4, relating to powers, as143
174174 follows:144
175175 H. B. 665
176176 - 6 - 25 LC 46 1165
177177 "31-3-4.
178178 145
179179 (a)
180180 The county board of health is empowered to:146
181181 (1) Establish and adopt bylaws for its own governance. Meetings shall be held no less147
182182 frequently than quarterly;148
183183 (2) Exercise responsibility and authority in all matters within the county pertaining to149
184184 health unless the responsibility for enforcement of such is by law that of another agency;150
185185 (3) Take such steps as may be necessary to prevent and suppress disease and conditions151
186186 deleterious to health and to determine compliance with health laws and rules, regulations,152
187187 and standards adopted thereunder;153
188188 (4) Adopt and enforce rules and regulations appropriate to its functions and powers,154
189189 provided that such rules and regulations are not in conflict with the rules and regulations155
190190 of the department. Such rules and regulations must shall be reasonably adapted to the156
191191 purposes intended and must shall be within the purview of the powers and duties imposed157
192192 upon the county board of health by this chapter;158
193193 (5) Receive and administer all grants, gifts, moneys, and donations for purposes159
194194 pertaining to health pursuant to this chapter;160
195195 (6) Make contracts and establish fees for the provision of public health services provided161
196196 by county boards of health, including but not limited to environmental health services,162
197197 which fees may be charged to persons or to establishments and premises within the163
198198 county for inspection of such establishments, premises, structures and appurtenances164
199199 thereto, or for other county board of health services. All such fees may be used to defray165
200200 costs of providing such local services and shall supplement but not replace state or federal166
201201 funding. No person shall be denied services on the basis of that person's inability to pay.167
202202 The scope of services, operating details, contracts, and fees approved by the county board168
203203 of health shall also be approved by the district director of health. No fees for169
204204 environmental health services may be charged unless the schedule of fees for such170
205205 services has been approved by the county governing authority;171
206206 H. B. 665
207207 - 7 - 25 LC 46 1165
208208 (7) Contract with the Department of Public Health or other agencies for assistance in the
209209 172
210210 performance of its functions and the exercise of its powers and for supplying services173
211211 which are within its purview to perform, provided that such contracts and amendments174
212212 thereto shall have first been approved by the department. In entering into any contracts175
213213 to perform its functions and to exercise its powers, and for supplying services which are176
214214 within its purview to perform, any county board of health or any health district created177
215215 under the authority of Code Section 31-3-15 shall be considered an agency and such178
216216 agency shall have the authority to contract with any other county board of health;179
217217 combination of county boards of health; any other health district; public or private180
218218 hospitals; hospital authorities; medical schools; training and educational institutions;181
219219 departments and agencies of the state; county or municipal governments; persons,182
220220 partnerships, corporations, and associations, public or private; the United States183
221221 government or the government of any other state; or any other legal entity; and184
222222 (8) The county board of health in each county of this state having a population of185
223223 400,000 or more according to the United States decennial census of 1990 or any future186
224224 such census is authorized to develop and implement activities for the prevention of187
225225 injuries and incorporate injury prevention measures in rules and regulations which are188
226226 within the purview of the county board of health to promulgate which shall be effective189
227227 when adopted by an ordinance of the county governing authority.190
228228 (b) Notwithstanding the provisions contained in subsection (a) of this Code section and191
229229 Code Section 31-3-5, nothing contained in this Code section or Code Section 31-3-5 shall192
230230 be construed to empower a county board of health to adopt any rules or regulations or193
231231 provisions to enforce any rules or regulations pertaining to matters provided for or194
232232 otherwise regulated pursuant to the provisions of Part 1 of Article 2 of Chapter 8 of195
233233 Title 12, the 'Georgia Comprehensive Solid Waste Management Act,' as now or hereafter196
234234 amended, or the rules and regulations promulgated pursuant to such part."197
235235 H. B. 665
236236 - 8 - 25 LC 46 1165
237237 SECTION 5.
238238 198
239239 Said chapter is further amended by revising Code Section 31-3-5, relating to functions, as199
240240 follows:200
241241 "31-3-5.201
242242 (a) Subject to the provisions of Code Section 31-2A-11 and subsection (b) of this Code
243243 202
244244 section, each Each county board of health shall have and discharge, within its jurisdiction,203
245245 subject to any valid local Act which shall remain in force and effect, the following204
246246 functions:205
247247 (1) To determine the health needs and resources of its jurisdiction by research and by206
248248 collection, analysis, and evaluation of all data pertaining to the health of the community;207
249249 (2) To develop, in cooperation with the department, programs, activities, and facilities208
250250 responsive to the needs of its area;209
251251 (3) To secure compliance with the rules and regulations of the department that have local210
252252 application; and211
253253 (4) To enforce, or cause enforcement of, all laws pertaining to health unless the212
254254 responsibility for the enforcement of such laws is that of another agency.213
255255 (b) Each county board of health shall have the power and duty to adopt regulations214
256256 providing standards and requirements governing the installation of on-site sewage215
257257 management systems within the incorporated and unincorporated area of the county,216
258258 subject to the provisions of Code Section 31-2A-11, any rules and regulations promulgated217
259259 under Code Section 31-2A-11, and subsection (d) of this Code section. Such regulations218
260260 shall include and be limited to the following:219
261261 (1) Specifying the locations within the incorporated and unincorporated area of the220
262262 county where on-site sewage management systems may be installed;221
263263 (2) Specifying the minimum lot size or land area which may be served by an on-site222
264264 sewage management system based on scientific data regarding on-site sewage223
265265 management systems;224
266266 H. B. 665
267267 - 9 - 25 LC 46 1165
268268 (3) Specifying the types of residences, buildings, or facilities which may be served by225
269269 on-site sewage management systems;226
270270 (4) Issuing permits for the installation of on-site sewage management systems prior to227
271271 such installation;228
272272 (5) Inspecting on-site sewage management system installations prior to the completion229
273273 of the installation; and230
274274 (6) Providing for ongoing maintenance of such systems, except for nonmechanical231
275275 residential sewage management systems.232
276276 (c) Nothing in this Code section or in Code Section 31-3-5.1 shall limit the power of a233
277277 county or municipal governing authority to exercise its zoning powers or to establish234
278278 minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b)235
279279 of this Code section.236
280280 (d)(1) Any person may register with the department to conduct soil investigations and237
281281 prepare soil reports of a site within the state for an on-site sewage management system238
282282 who meets any one of the following criteria:239
283283 (A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this240
284284 subsection;241
285285 (B) Holds a valid certificate of registration as a professional engineer issued pursuant242
286286 to Chapter 15 of Title 43 and is practicing within his or her area of engineering243
287287 competency;244
288288 (C) Holds a valid certificate of registration as a registered geologist issued pursuant to245
289289 Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;246
290290 or247
291291 (D) Is a soil and water conservation technician as defined in subparagraph (A) of248
292292 paragraph (3) of this subsection.249
293293 (2) Upon the submission of an evaluation of the suitability of a site within the state for250
294294 an on-site sewage management system by such a person who is registered with the251
295295 H. B. 665
296296 - 10 - 25 LC 46 1165
297297 department, the county board of health shall be required to accept the evaluation unless252
298298 such evaluation is found by the county board of health to be deficient or questionable. 253
299299 If the county board of health finds such evaluation to be deficient or questionable, the254
300300 board shall, within three working days of making such finding, issue a written255
301301 determination stating all deficiencies and all measures needed to correct the deficiencies.256
302302 A copy of this determination shall be provided to the state director of environmental257
303303 health.258
304304 (3) As used in this subsection, the term:259
305305 (A) 'Soil and water conservation technician' means a person employed as a soil and260
306306 water conservation technician by a soil and water conservation district provided for in261
307307 Article 2 of Chapter 6 of Title 2.262
308308 (B) 'Soil classifier' means a person who:263
309309 (i) Holds at least a bachelor of science degree from an accredited college or264
310310 university with a major in soil science or a related field of science. This degree shall265
311311 include 30 semester credit hours or equivalent quarter credit hours in the biological,266
312312 physical, chemical, and earth sciences with a minimum of 15 semester credit hours267
313313 or equivalent quarter hours in soil science courses meeting the following distribution:268
314314 (I) A minimum of one course in soil classification, morphology, genesis, and269
315315 mapping; and270
316316 (II) The remaining soil science credits shall be in at least three of the following271
317317 eight categories: introductory soil science; soil fertility; soil microbiology; soil272
318318 chemistry; soil physics; soil management, soils and land use, or soils and the273
319319 environment; soil mineralogy; or a three credit maximum in independent study,274
320320 geology, or hydrology;275
321321 (ii) Has at least four years of verifiable full-time or equivalent part-time experience.276
322322 Two years of such experience, as determined by the department's soil classifiers277
323323 advisory committee, shall have been obtained after meeting all the educational278
324324 H. B. 665
325325 - 11 - 25 LC 46 1165
326326 requirements of division (i) of this subparagraph under the supervision of a soil279
327327 classifier who has met the education and experience requirements provided in this280
328328 subparagraph and shall have been spent actively mapping, identifying, and classifying281
329329 soil features and interpreting the influence of soil features on soil uses, including, but282
330330 not limited to, conducting soil investigations for determining the suitability of sites283
331331 for on-site sewage management systems as approved by the department's soil284
332332 classifiers advisory committee. The remaining two years of such experience, as285
333333 determined by the department's soil classifiers advisory committee, shall have286
334334 occurred prior to, during, or after meeting all the educational requirements of287
335335 division (i) of this subparagraph and shall have included the utilization of soil science288
336336 concepts and techniques in mapping, identifying, and classifying soil features and289
337337 interpreting the influence of soil features on soil uses, including, but not limited to,290
338338 conducting soil investigations for determining the suitability of sites for on-site291
339339 sewage management systems as approved by the department's soil classifiers advisory292
340340 committee; and293
341341 (iii) Has successfully passed a written examination pertaining to site investigations294
342342 for on-site sewage management systems administered or approved by the department."295
343343 SECTION 6.296
344344 Said chapter is further amended by repealing Code Section 31-3-5.1, relating to conformity297
345345 prerequisite to building permit.298
346346 SECTION 7.299
347347 Said chapter is further amended by repealing Code Section 31-3-5.2, relating to definition300
348348 of "gray water" and lawful use.301
349349 H. B. 665
350350 - 12 - 25 LC 46 1165
351351 SECTION 8.
352352 302
353353 Said chapter is further amended by repealing and reserving Code Section 31-3-11, relating303
354354 to direction and supervision of staff.304
355355 SECTION 9.305
356356 Said chapter is further amended by revising Code Section 31-3-15, relating to establishment306
357357 of health districts, as follows:307
358358 "31-3-15.308
359359 The department is authorized, with the consent of the boards of health and the county309
360360 authorities of the counties involved, to establish health districts composed of one or more310
361361 counties. To further the purposes of this Code section, county boards of health may311
362362 contract with each other for the provision of multicounty services and also exercise any312
363363 additional powers as authorized by paragraph (7) of subsection (a) of
364364 Code Section 31-3-4;313
365365 and in the performance of such contracts a county board of health may utilize its employees314
366366 in other counties."315
367367 SECTION 10.316
368368 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising317
369369 Chapter 4, which is reserved, as follows:318
370370 "CHAPTER 4319
371371 31-4-1.320
372372 (a) As used in this chapter, the term:321
373373 (1) 'Department' means the Department of Public Health.322
374374 (2) 'Environmental health' shall have the same meaning as set forth in Code323
375375 Section 31-3-1.1.324
376376 H. B. 665
377377 - 13 - 25 LC 46 1165
378378 (b) The Department of Public Health is empowered to:325
379379 (1) Exercise responsibility and authority in all matters in this state and all counties within326
380380 this state pertaining to environmental health unless the responsibility for enforcement of327
381381 such is by law that of another agency;328
382382 (2) Receive and administer all grants, gifts, moneys, and donations for purposes329
383383 pertaining to environmental health pursuant to this chapter;330
384384 (3) Make contracts and establish fees for the provision of environmental health services,331
385385 which fees may be charged to persons or to establishments and premises for the332
386386 inspection of such establishments, premises, structures and appurtenances thereto, or for333
387387 other environmental health services; and334
388388 (4) Contract with other agencies for assistance in the performance of its functions and335
389389 the exercise of its powers and for supplying services which are within its purview to336
390390 perform. In entering into any contracts to perform its functions and to exercise its337
391391 powers, and for supplying services which are within its purview to perform, the338
392392 department may contract with other agencies of the state; county or municipal339
393393 governments; persons, partnerships, corporations, and associations, public or private; the340
394394 United States government or the government of any other state; or any other legal341
395395 entities.342
396396 (c) Notwithstanding the provisions of subsection (b) of this Code section and Code343
397397 Section 31-3-5, nothing contained in this chapter or Code Section 31-3-5 shall be construed344
398398 to empower the Department of Public Health to adopt any rules or regulations or to enforce345
399399 any rules or regulations pertaining to matters provided for or otherwise regulated pursuant346
400400 to Part 1 of Article 2 of Chapter 8 of Title 12, the 'Georgia Comprehensive Solid Waste347
401401 Management Act,' as now or hereafter amended, or the rules and regulations promulgated348
402402 pursuant to such part. Reserved.349
403403 H. B. 665
404404 - 14 - 25 LC 46 1165
405405 31-4-2.350
406406 (a) Subject to the provisions of Code Section 31-2A-11 and subsection (b) of this Code351
407407 section, the Department of Public Health shall have and discharge, within this state, the352
408408 following functions:353
409409 (1) To determine environmental health needs and resources by research and by354
410410 collection, analysis, and evaluation of all data pertaining to environmental health of each355
411411 community in this state; and356
412412 (2) To enforce, or cause enforcement of, all laws pertaining to environmental health357
413413 unless the responsibility for the enforcement of such laws is that of another agency.358
414414 (b) The department shall have the power and duty to adopt regulations providing standards359
415415 and requirements governing the installation of on-site sewage management systems within360
416416 the incorporated and unincorporated areas of a county, subject to the provisions of Code361
417417 Section 31-2A-11, any rules and regulations promulgated under Code Section 31-2A-11,362
418418 and subsection (e) of this Code section. Such regulations shall include the following:363
419419 (1) Specifying the locations within the incorporated and unincorporated areas of a county364
420420 where on-site sewage management systems may be installed;365
421421 (2) Specifying the minimum lot size or land area which may be served by an on-site366
422422 sewage management system based on scientific data regarding on-site sewage367
423423 management systems;368
424424 (3) Specifying the types of residences, buildings, or facilities which may be served by369
425425 on-site sewage management systems;370
426426 (4) Issuing permits for the installation of on-site sewage management systems prior to371
427427 such installation;372
428428 (5) Inspecting on-site sewage management system installations prior to the completion373
429429 of the installation; and374
430430 (6) Providing for ongoing maintenance of such systems, except for nonmechanical375
431431 residential sewage management systems.376
432432 H. B. 665
433433 - 15 - 25 LC 46 1165
434434 (c) Nothing in subsection (b) of this Code section shall be construed to prohibit the377
435435 adoption of different rules for different parts of the state due to differences in soil, terrain,378
436436 or other considerations.379
437437 (d) Nothing in this Code section shall be construed to limit the power of a county or380
438438 municipal governing authority to exercise its zoning powers or to establish minimum lot381
439439 sizes.382
440440 (e)(1) Any person may register with the department to conduct soil investigations and383
441441 prepare soil reports of a site within the state for an on-site sewage management system384
442442 who meets any one of the following criteria:385
443443 (A) Qualifies as a soil classifier as defined in subparagraph (B) of paragraph (3) of this386
444444 subsection;387
445445 (B) Holds a valid certificate of registration as a professional engineer issued pursuant388
446446 to Chapter 15 of Title 43 and is practicing within his or her area of engineering389
447447 competency;390
448448 (C) Holds a valid certificate of registration as a registered geologist issued pursuant to391
449449 Chapter 19 of Title 43 and is practicing within his or her area of geologic competency;392
450450 or393
451451 (D) Qualifies as a soil and water conservation technician as defined in394
452452 subparagraph (A) of paragraph (3) of this subsection.395
453453 (2) Upon the submission of an evaluation of the suitability of a site within the state for396
454454 an on-site sewage management system by a person who is registered with the department,397
455455 the department shall, within three business days of receiving such an evaluation, provide398
456456 a written determination stating all deficiencies and all measures needed to correct the399
457457 deficiencies. A copy of such determination shall be provided to the director of the400
458458 Environmental Health Division of the Department of Public Health.401
459459 (3) As used in this subsection, the term:402
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462462 (A) 'Soil and water conservation technician' means a person employed as a soil and403
463463 water conservation technician by a soil and water conservation district provided for in404
464464 Article 2 of Chapter 6 of Title 2.405
465465 (B) 'Soil classifier' means a person who:406
466466 (i) Holds at least a bachelor of science degree from an accredited college or407
467467 university with a major in soil science or a related field of science. Such degree shall408
468468 include 30 semester credit hours or equivalent quarter credit hours in the biological,409
469469 physical, chemical, and earth sciences with a minimum of 15 semester credit hours410
470470 or equivalent quarter hours in soil science courses meeting the following distribution:411
471471 (I) A minimum of one course in soil classification, morphology, genesis, and412
472472 mapping; and413
473473 (II) The remaining soil science credits shall be in at least three of the following414
474474 eight categories: introductory soil science; soil fertility; soil microbiology; soil415
475475 chemistry; soil physics; soil management, soils and land use, or soils and the416
476476 environment; soil mineralogy; or a three credit maximum in independent study,417
477477 geology, or hydrology;418
478478 (ii) Has at least four years of verifiable full-time or equivalent part-time experience.419
479479 Two years of such experience, as determined by the department's soil classifiers420
480480 advisory committee, shall have been obtained after meeting all the educational421
481481 requirements of division (i) of this subparagraph under the supervision of a soil422
482482 classifier who has met the education and experience requirements provided in this423
483483 subparagraph and shall have been spent actively mapping, identifying, and classifying424
484484 soil features and interpreting the influence of soil features on soil uses, including, but425
485485 not limited to, conducting soil investigations for determining the suitability of sites426
486486 for on-site sewage management systems as approved by the department's soil427
487487 classifiers advisory committee. The remaining two years of such experience, as428
488488 determined by the department's soil classifiers advisory committee, shall have429
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491491 occurred prior to, during, or after meeting all the educational requirements of430
492492 division (i) of this subparagraph and shall have included the utilization of soil science431
493493 concepts and techniques in mapping, identifying, and classifying soil features and432
494494 interpreting the influence of soil features on soil uses, including, but not limited to,433
495495 conducting soil investigations for determining the suitability of sites for on-site434
496496 sewage management systems as approved by the department's soil classifiers advisory435
497497 committee; and436
498498 (iii) Has successfully passed a written examination pertaining to site investigations437
499499 for on-site sewage management systems administered or approved by the department.438
500500 31-4-3.439
501501 No building permit for the construction of any residence, building, or other facility which440
502502 is to be served by a sewage management system shall be issued by or pursuant to the441
503503 authority of a city or county governing authority unless the sewage management system442
504504 installation permit is in conformity with standards contained in Code Section 31-2A-11 for443
505505 sewage management systems. No person, firm, corporation, or other entity shall install a444
506506 sewage management system in violation of the provisions of Code Section 31-2A-11 or the445
507507 regulations of the department. Each city or county governing authority shall provide by446
508508 ordinance or resolution for the enforcement of the provisions of this Code section.447
509509 31-4-4.448
510510 (a) As used in this Code section, the term 'gray water' means waste water discharged from449
511511 residential lavatories, bathtubs, showers, clothes washers, and laundry trays.450
512512 (b) Private residential direct reuse of gray water shall be lawful if the following conditions451
513513 are met:452
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516516 (1) Gray water originating from the residence shall be used and contained within the453
517517 property boundary for household gardening, composting, lawn watering, or landscape454
518518 irrigation;455
519519 (2) Gray water shall not be used for irrigation of food plants;456
520520 (3) The gray water shall not contain hazardous chemicals derived from activities such457
521521 as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from458
522522 home photography laboratories or similar hobbyist or home occupational activities;459
523523 (4) The application of gray water shall be managed to minimize standing water on the460
524524 surface;461
525525 (5) The application of gray water shall be outside of a floodway;462
526526 (6) The gray water shall not contain water used to wash diapers or similarly soiled or463
527527 infectious garments unless the gray water is disinfected before irrigation; and464
528528 (7) The gray water shall be applied only by hand watering using garden watering cans465
529529 or similar hand-held containers.466
530530 (c) The department shall adopt the provisions of subsection (b) of this Code section by467
531531 regulation. Local governing bodies shall be authorized to punish violations of such468
532532 regulations as local ordinance violations, provided that the penalty for each such violation469
533533 shall not exceed a $100.00 fine.470
534534 31-4-5.471
535535 Each employee of the Department of Public Health whose duties include enforcing those472
536536 environmental health laws of this state shall be subject to the direction and supervision of473
537537 the state director of environmental health of such department. The activities of such474
538538 employees with regard to environmental health shall be reported at least quarterly to the475
539539 state director of environmental health within the Department of Public Health through a476
540540 district director of environmental health. The state director shall make the personnel477
541541 actions, including but not limited to termination, which the director deems appropriate for478
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544544 any employee's failure or refusal to comply with the direction of the state director in479
545545 carrying out the environmental health employment duties of such employee."480
546546 SECTION 11.481
547547 Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration482
548548 and enforcement, is amended by adding a new Code section to read as follows:483
549549 "31-5-1.1.484
550550 Nothing in this chapter shall be construed to provide county boards of health with any485
551551 authorities or responsibilities relating to environmental health."486
552552 SECTION 12.487
553553 Code Section 12-5-7 of the Official Code of Georgia Annotated, relating to local variances488
554554 from state restrictions on outdoor watering, limitations on outdoor irrigation, and exceptions,489
555555 is amended by revising subparagraph (a.1)(2)(C) as follows:490
556556 "(C) Reuse of gray water in compliance with Code Section 31-3-5.2 31-4-4 and491
557557 applicable local board of health regulations adopted pursuant thereto;"492
558558 SECTION 13.493
559559 This Act shall become effective only if, prior to January 1, 2027, funds are specifically494
560560 appropriated for the purposes of this Act in an appropriations Act making specific reference495
561561 to this Act and shall become effective when such funds so appropriated become available for496
562562 expenditure.497
563563 SECTION 14.498
564564 All laws and parts of laws in conflict with this Act are repealed.499
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