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Georgia House Bill 211 Grants PFAS Liability Shield to Manufacturers, Farmers, and Waste Facilities
Original title: PFAS Receiver Shield Act; enact
Last action · February 11, 2026: House Withdrawn, RecommittedSponsors: Kasey Carpenter and 3 others
Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law
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What This Bill Proposed
Georgia House Bill 211 shields businesses, manufacturers, farmers, wastewater facilities, and landfills from lawsuits related to chemicals, provided they are not grossly negligent and comply with environmental regulations. The legislation establishes clear statutory definitions for PFAS substances, manufacturers, and receivers, while preserving personal injury liability and state enforcement powers.
Why it matters
The measure alters legal accountability by protecting industrial users, waste handlers, and agricultural operators from civil damage claims tied to forever chemicals, shifting the legal burden onto plaintiffs to plead and prove before a court.
Background
- Per- and polyfluoroalkyl substances (PFAS) are a large group of synthetic chemicals used in consumer products and industrial applications that do not easily degrade in the environment. context
- State tort laws govern civil wrongs and damages outside of contractual agreements, establishing when injured parties may seek compensation through the courts. context
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
Directly affected
PFAS receivers
Receive legal immunity from civil damages related to PFAS use, receipt, or disposal, provided they comply with environmental limits and avoid gross negligence.
Directly affected
PFAS manufacturers
Explicitly excluded from the definition of PFAS receivers and therefore do not qualify for the liability protections granted by the act.
Directly affected
Environmental engineers and consultants
Extend eligibility for the same liability protections when providing professional services to PFAS receivers.
Directly affected
Georgia Environmental Protection Division
Retains full authority to bring enforcement actions against entities violating regulations, regardless of the liability shield.
Key Facts
- HB 211 creates Chapter 17 of Title 51 of the Official Code of Georgia Annotated, titled the 'PFAS Receiver Shield Act.'
- The bill defines a 'PFAS receiver' as any person or entity—excluding manufacturers—that uses PFAS in manufacturing or agriculture, receives or owns goods containing PFAS, or is regulated by the EPD and handles industrial/household solid waste or wastewater containing PFAS.
- Absence of gross negligence protects PFAS receivers from liability for damages involving the intended or incidental use, receipt, or disposal of PFAS.
- Plaintiffs must plead facts with particularity to demonstrate gross negligence, and the determination of gross negligence is decided by the court as a question of law.
Show all 10 facts
- PFAS receivers handling industrial effluent or solid waste are exempt from liability if they comply with all testing and limits set by the EPA and the Georgia EPD.
- The immunity provisions do not apply to enforcement claims brought by the Georgia Environmental Protection Division.
- Immunity protections extend to environmental engineers and consultants providing professional services related to a PFAS receiver's use or disposal of PFAS.
- The act does not limit the right of a defendant to seek and recover damages for tortious injury or death of a person, nor does it waive the duty to warn the public of safety threats under existing law.
- The chapter explicitly does not modify or supersede titles relating to crimes, health, workers' compensation, or emergency management.
- The act becomes effective immediately upon approval by the Governor or upon becoming law without approval.
Frequently Asked Questions
Who qualifies as a 'PFAS receiver' under this bill?
A receiver is any person or entity—other than a PFAS manufacturer—that uses or applies PFAS in manufacturing or agriculture, receives or owns goods containing PFAS, or is licensed and regulated by the state EPD to receive industrial or household solid waste or wastewater containing PFAS.
Can a PFAS receiver still be sued if they are granted immunity?
Yes, immunity does not apply if a plaintiff pleads facts demonstrating , if the claim is brought by the Georgia Environmental Protection Division, or if the action involves the tortious injury or death of a person.
Does this bill protect environmental consultants working with companies that handle PFAS?
Yes, the immunities provided are explicitly available to any environmental engineer or consultant who provides professional services to a receiver regarding the use, receipt, or disposal of PFAS.
What else do you want to know?
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
5 actions- Feb 11, 2026HouseHouse Withdrawn, Recommitted
- Feb 10, 2026HouseCommitteeHouse Committee Favorably Reported By Substitute
- Feb 4, 2025HouseHouse Second Readers
- Feb 3, 2025HouseIntroducedHouse First Readers
- Jan 30, 2025HouseIntroducedHouse Hopper
Version history & redline
2 versions on fileComparing LC 44 2971ER/a → LC 44 9006ERS/hs
removed addedOfficial text
removed: 25 added: 26 LC 44 removed: 2971ER
added: 9006ERS
The House removed: Bill 211
By: Representatives Carpenter of the 4th , Ridley of the 6th , Tarvin of the 2nd , Barton of the 5th ,
and Cameron of added: Committee on Judiciary offers the removed: 1st
added: following substitute to HB 211:
A BILL TO BE ENTITLED
AN ACT
To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from certain lawsuits related to certain chemicals; to provide for added: continuation of personal injury liability; to provide for definitions; to provide for related matters; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for
[…]
to torts, is amended by adding a new chapter to read as follows: "CHAPTER 17 51-17-1. As used in this chapter, the term: (1) added: 'Gross negligence' means an intentional, deliberate action, with a reckless disregard of consequences or something less than criminal misconduct, but greater than gross negligence or wanton carelessness. Such term involves conduct of a quasi-criminal nature and the intentional doing of something, either with the knowledge that it is likely to result in serious injury, or with a knowingly wanton and reckless disregard of its probable consequences. Such term may include the conscious or intentional violation of definite law or clear rules of conduct, which shall be judged at the time the conduct occurred and obedience to such conduct shall not be not discretionary. (2) 'PFAS' means any perfluorochemicals, polyfluorochemicals, perfluoroalkyl substances, polyfluoroalkyl substances, and any related chemicals that degrade to PFAS/PFOA/PFOS, and any precursors to PFAS, PFOA, and
[…]
2H-perfluorohexane sulfonic acid), 6:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), 8:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA, PFMPA, PFEESA, added: PFHxA, and NFDHA. removed: (2) added: (3) 'PFAS manufacturer' means any person or entity that knowingly created, formulated, licensed, made, manufactured, or otherwise originated into commerce any PFAS substance and who has sold or licensed any PFAS substance to others for use. removed: (3) added: (4) 'PFAS monomer' means the class of fluorinated substances that are components of PFAS substances, including PFOA, PFOS, GenX, HFPODA, NEtFOSAA, NMeFOSAA, PFBS, PFDA, PFDoA,
[…]
(1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), 8:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA, PFMPA, PFEESA, NFDHA, and chemically similar molecules. removed: (4) added: (5) 'PFAS receiver' means any person or entity, not including any person or entity that is also a PFAS manufacturer, who: (A) Uses or applies
[…]
goods or in agriculture; (B) Receives or obtains goods or products that contain PFAS; (C) Purchases or owns goods or products that contain PFAS; removed: and added: or (D) removed: Receives added: Is licensed, permitted, and regulated by the Environmental Protection Division of the Department of Natural Resources, as required by law, and receives industrial or household added: solid waste added: or waste water that contains PFAS. removed: (5) added: (6) 'PFAS substance' means any chemical agent or compound containing PFAS, any polymer where a PFAS monomer is a constituent in the polymerization process, or
[…]
application or use in agriculture or in manufactured goods or as a processing aid in any industry other than the chemical manufacturing industry. 51-17-2. removed: (a) No added: (a)(1) Absent gross negligence, no PFAS receiver shall be held liable for damages in an action involving a liability claim arising from or related to removed: their added: its intended or incidental use, receipt, or disposal of PFAS. added: To negate the immunity provided for in this Code section, a plaintiff shall plead facts with particularity sufficient to demonstrate gross negligence, and the determination of whether such conduct constitutes gross negligence shall be a question of law decided by the court. (2) No PFAS receiver shall be held liable for damages in an action involving a liability claim arising from or related to its handling of PFAS substances, including disposal of industrial effluent into waste-water treatment facilities and of solid waste from PFAS substances into public landfills where such PFAS receiver has complied with all testing and met all limits imposed by the rules and regulations of the United States Environmental Protection Agency and the Environmental Protection Division of the Department of Natural Resources. (b) The removed: immunity added: immunities set forth in subsection (a) of this Code section removed: shall be added: shall: (1) Be provided in addition to, and shall in no way limit, any other immunity protections that may apply in state or federal removed: law. (c) The immunity set forth in subsection (a) of this Code section shall not added: law; (2) Not apply to claims brought by the Georgia Environmental Protection Division enforcing removed: PFAS-specific regulations arising on added: regulations; and (3) Be available to any environmental engineer or removed: after January 1, 2024. added: other environmental consultant who provides any such professional services to the PFAS receiver related to the intended or incidental use, receipt, or disposal of PFAS by such PFAS receiver. (c) Nothing in this Code section shall be construed to limit the: (1) Right of a defendant to seek and recover damages for the tortious injury or death of a person; or (2) Duty of a PFAS receiver to provide notice to any individual or the public at large of any threat to public safety or welfare pursuant to any common law duty to warn or any applicable federal or state law. 51-17-3. This chapter shall not modify or supersede the terms or application of: (1) Title 16, relating to crimes and offenses; (2) Title 31,
[…]
Redline computed from the official version text (record lane).View this version →
Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Discoveries
Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.
policy shift95% confidence
Creation of Specific Tort Immunity for Chemical Handlers
The bill carves out a specialized legal shield within Title 51 that shifts the burden of proof onto plaintiffs to establish gross negligence in chemical-related civil suits.
Connected Entities
OrganizationEnvironmental Protection Division of the Department of Natural Resources“Licenses and regulates PFAS receivers and enforces environmental regulations.”Map →
OrganizationUnited States Environmental Protection Agency“Sets rules and regulations regarding testing and limits for PFAS handling.”Map →
Sources
Open source document
www.legis.ga.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 80)
- Controversy75Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz45Current news / social attention level
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