GA Code § 12-5-175 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 5 - Public Water Systems|§ 12-5-175. Fluoridation of Public Water Systems; State Funds for Cost of Fluoridation Equipment, Chemicals, and Materials; Tax Deduction for Fluoride-Removing Devices

  The Board of Natural Resources shall have the power to require, by regulation, fluoridation of potable public water supplies in incorporated communities lying wholly within this state, provided that in no case should such fluoridation be required at a level greater than one part per million parts of water; provided, further, that any municipality or county and its water system can remove themselves from the terms of this part by referendum called by petition of 10 percent of the registered voters in such political subdivision who voted in the last general election. This applies to a referendum for or against fluoridation.   No incorporated municipality, county, or public or private water authority shall be required to comply with subsection (a) of this Code section unless the state has made available funds for the cost of the fluoridation equipment, the installation of such equipment, and the materials and chemicals required for six months of fluoridation of such potable public water supplies.   Any person who is deemed allergic to fluoridated water and who finds it necessary, upon the advice of a physician or upon approval by the Department of Public Health, to purchase a device to remove the fluoride from the water may treat the cost of the device as a tax-deductible medical expense.    (Ga. L. 1973, p. 148, §§ 1, 1A, 2; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)   Law reviews.   - For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).   JUDICIAL DECISIONS   Referendum provisions as to removal of county from fluoridation requirement constitutional.    - Construction of subsection (a) of O.C.G.A. § 12-5-175 by a county board of elections, that a referendum petition to remove the county from the statutory requirement of fluoridation of public water must be signed by 10% of the registered voters who actually voted in the election, did not violate the constitutional rights of the petitioners to equal protection and the right to vote. Kelly v. Macon-Bibb County Bd. of Elections, 608 F. Supp. 1036 (M.D. Ga. 1985).   OPINIONS OF THE ATTORNEY GENERAL    Purpose of this part  is to obtain fluoridation of the drinking water supplies of the people of this state to improve dental health. 1973 Op. Att'y Gen. No. 73-181 (see O.C.G.A. T. 12, C. 5, A. 3, P. 5).   Fluoridation authorization limited to incorporated communities.   - This part empowers the Department of Natural Resources to require fluoridation of the water supplies of incorporated communities only. 1973 Op. Att'y Gen. No. 73-181 (see O.C.G.A. T. 12, C. 5, A. 3, P. 5).   Requirements for signing referendum petition.   - Person signing a petition calling for county or city referendum on question of fluoridation must be registered voter at time of signing and must have voted in last general election. 1982 Op. Att'y Gen. No. 82-37.   Effect of fluoridation grant agreement.    - Garden City may hold a referendum pursuant to O.C.G.A. § 12-5-175 to determine whether the city desires to remove itself from state fluoridation requirements even after signing a fluoridation grant agreement with the Department of Natural Resources; however, after signing such agreement, Garden City may not avoid the terms thereof, notwithstanding the outcome of the referendum. 1984 Op. Att'y Gen. No. U84-43.   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Initiative and Referendum, §§ 6, 7. 78 Am. Jur. 2d, Waterworks and Water Companies, § 40.   C.J.S.   - 82 C.J.S., Statutes, § 205. 94 C.J.S., Waters, § 690 et seq. 85 C.J.S., Taxation, § 2026 et seq.