Public Act 102-0290
 
SB0561 EnrolledLRB102 11754 CPF 17089 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 1. Short title. This Act may be cited as the PFAS 
Reduction Act.
 
    Section 5. Definitions. In this Act:
    "Agency" means the Illinois Environmental Protection 
Agency.
    "Class B firefighting foam" means foam designed to 
extinguish flammable liquid fires or prevent the ignition of 
flammable liquids.
    "Fire department" means the duly authorized fire 
protection organization of a unit of local government, a 
Regional Fire Protection Agency, a fire protection district, 
or a volunteer fire department.
    "Local government" means a unit of local government or 
other special purpose district that provides firefighting 
services.
    "Manufacturer" means a person that manufactures Class B 
firefighting foam and any agents of that person, including an 
importer, distributor, authorized servicer, factory branch, or 
distributor branch.
    "Perfluoroalkyl substance or polyfluoroalkyl substance" or 
"PFAS" means a class of fluorinated organic chemicals 
containing at least one fully fluorinated carbon atom.
    "Person" means any individual, partnership, association, 
public or private corporation, limited liability company, or 
any other type of legal or commercial entity, including, but 
not limited to, members, managers, partners, directors, or 
officers.
    "Testing" means calibration testing, conformance testing, 
and fixed system testing.
 
    Section 7. Purpose. Nothing in this Act shall prevent or 
discourage a fire department from responding to and mitigating 
incidents where a fire, spill, or leak of a known or suspected 
flammable liquid has occurred or is believed to be imminent.
 
    Section 10. Class B firefighting foam; PFAS.
    (a) Beginning January 1, 2022, a person, local government, 
fire department, or State agency may not use for training or 
testing purposes a Class B firefighting foam containing 
intentionally added PFAS. However, the testing of Class B 
firefighting foam to which PFAS has been intentionally added 
may occur if the person, local government, fire department, or 
State agency has performed all of the following:

        (1) Evaluate the testing facility for containment, 
    treatment, and disposal measures to prevent uncontrolled 
    release of Class B firefighting foam to the environment.  
    Appropriate containment, treatment, and disposal or 
    storage measures may not include flushing, draining, or 
    otherwise discharging the foam into a storm drain or 
    sanitary sewer.
        (2) Comply with the notification requirements provided 
    in Section 15. 
        (3) Provide training to employees of the possible 
    hazards, protective actions, and a disposal plan.

    (b) On and after January 1, 2025, a manufacturer of Class B 
firefighting foam may not knowingly manufacture, sell, offer 
for sale, distribute for sale, or distribute for use in this 
State a Class B firefighting foam containing intentionally 
added PFAS. Any person who operates a refinery or chemical or 
ethanol plant, a storage and distribution facility, or a tank 
farm or terminal for flammable liquids, or who has a fixed foam 
system in use at a manufacturing facility or warehouse, may 
extend the date of compliance under this subsection to January 
1, 2027 if, prior to January 1, 2025, the person determines 
that additional time for compliance is needed and sends notice 
of the determination to the Office of the State Fire Marshal.
    (c) The prohibitions of this Section do not apply to the 
manufacture, sale, or distribution of Class B firefighting 
foam where the inclusion of PFAS chemicals is required or 
authorized under federal law  or local building or fire codes, 
including, but not limited to, 14 CFR 139.317, federal 
aviation administration guidance, and the 2016 edition of NFPA 
409 Standard on Aircraft Hangars as amended, or otherwise 
required for a military purpose. However, if applicable 
federal law allows the use of alternative firefighting agents 
that do not contain PFAS chemicals, the restrictions under 
this Section shall apply.
    (d) The prohibitions of this Section do not apply to the 
use of Class B firefighting foam containing PFAS chemicals by 
a fire department while responding to an emergency situation.
    (e) On and after January 1, 2022, a manufacturer of Class B 
firefighting foam must provide notification to the fire 
department prior to the fire department's purchase of Class B 
firefighting foam containing PFAS clearly indicating:
 
        (1) that the product contains PFAS that may be 
    hazardous to health or the environment;
        (2) the use of the product is regulated and restricted 
    under this Act; and
        (3) other Class B firefighting foam options may be 
    available for purchase.

 
    Section 15. Notification.
    (a) On and after 30 days after the effective date of this 
Act, a manufacturer of Class B firefighting foam that is 
regulated under this Act must notify, in writing, a person 
that sells the manufacturer's Class B firefighting foam in 
this State of the provisions of this Act.
    (b) Beginning on January 1, 2022, any person, unit of 
local government, fire department, or State agency that 
discharges or releases Class B firefighting foam that contains 
intentionally added PFAS chemicals must notify the Illinois 
Emergency Management Agency within 48 hours of the discharge 
or release. The notification must include:
        (1) the time, date, location, and estimated amount of 
    Class B firefighting foam discharged or released into the 
    environment;
        (2) the purpose or reason of the discharge or release 
    into the environment;
        (3) the containment, treatment, and disposal measures 
    to be taken or used to prevent or minimize the discharge or 
    release of the Class B firefighting foam into the 
    environment; and
        (4) the name of the person, unit of local government, 
    fire department, or State agency, the local incident 
    number, and the Fire Department Identification (FDID) 
    number, if applicable.
    (c) The Illinois Emergency Management Agency shall, no 
less than annually, report any notifications specified in 
subsection (b) to the Office of the State Fire Marshal.
 
    Section 25. Survey.
    (a) On or before January 1, 2022, and on or before January 
1 of each of the 5 years thereafter, the Office of the State 
Fire Marshal shall conduct a survey of fire departments to 
determine:
        (1) Each fire department's name, Fire Department 
    Identification (FDID) number, if applicable, and address.
        (2) The amount, type, and date of manufacture and the  
    expiration date of any Class B firefighting foam 
    containing intentionally added PFAS chemicals that each 
    fire department possesses.
        (3) How, where, and when each fire department has used 
    Class B firefighting foam containing intentionally added 
    PFAS chemicals within the previous 12 months, the NFIRS 
    incident number, and, if reported to the Illinois 
    Emergency Management Agency, the report number provided by 
    the Illinois Emergency Management Agency.
        (4) How much, if any, Class B firefighting foam 
    containing intentionally added PFAS chemicals the fire 
    department has disposed of, and the method of disposal, 
    during the reporting period.
    (b) The Office of the State Fire Marshal shall compile the 
results of the survey conducted under this Section and provide 
a report to the General Assembly no later than 90 days 
following the completion of the survey.
 
    Section 30. Disposal. 
    (a) Proper disposal of Class B firefighting foam 
containing PFAS shall not include flushing, draining, or 
otherwise discharging the Class B firefighting foam into a 
ditch, waterway, storm drain, or sanitary sewer.
    (b) Class B firefighting foam must be properly disposed of 
within 90 days of the expiration date provided by the 
manufacturer.
    (c) Beginning no later than January 1, 2023 and for a 
period of no less than 2 years, the Agency shall post on its 
website information regarding the proper methods for disposing 
of Class B firefighting foam containing PFAS.
 
    Section 35. Civil penalties. A manufacturer who violates 
this Act is subject to a civil penalty not to exceed $5,000 for 
the first violation and a civil penalty not to exceed $10,000 
for each subsequent violation. Civil penalties collected under 
this Section must be deposited into the Environmental 
Protection Trust Fund to be used in accordance with the 
provisions of the Environmental Protection Trust Fund Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.