SB0561 102ND GENERAL ASSEMBLY

LRB102 11754 CPF 17089 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0561

Introduced 2/23/2021, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

New Act

Creates the PFAS Reduction Act. Provides that a person, local government, fire department, or State agency may not discharge or otherwise use for training or testing purposes a class B firefighting foam containing intentionally added PFAS. On and after January 1, 2022, prohibits the knowing manufacture, sale, offering for sale, distribution for sale, or distribution for use of a class B firefighting foam containing intentionally added PFAS. Provides specified notice and recall requirements for manufacturers. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS. Requires manufacturers of class B firefighting foam containing PFAS to register with the Environmental Protection Agency and pay to the Agency an annual registration fee of $5,000. Requires the Agency to administer and enforce the Act and to adopt rules. Requires the Office of the State Fire Marshal to conduct a survey of fire departments and to provide a report of the results of the survey to the General Assembly no later than 90 days after its completion. Provides a civil penalty of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Contains other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Environmental Protection Agency.

"Class B firefighting foam" means foam designed to extinguish flammable liquid fires.

"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.

"Firefighting personal protective equipment" means any clothing, including, but not limited to, jackets, pants, shoes, gloves, helmets, and respiratory equipment designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties.

"Local government" means a unit of local government or other special purpose district that provides firefighting services.

"Manufacturer" means a person that manufactures firefighting agents, firefighting equipment, or firefighting personal protective equipment 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 10. Class B firefighting foam; PFAS.

(a) Beginning January 1, 2022, a person, local government, fire department, or State agency may not discharge or otherwise 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 chemicals have been intentionally added may occur if the Agency has evaluated the testing facility for containment, treatment, and disposal measures to prevent uncontrolled release of 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 or sanitary sewer.

(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.

(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 manufacture, sale, or distribution of class B firefighting foam with PFAS chemicals that is used by a fire department, for a period not to exceed 5 years after the effective date of this Section, solely in emergency situations.

Section 15. Notification; recall; registration and registration fee.

(a) On and after 30 days after the effective date of this Act, a manufacturer of class B firefighting foam that is restricted under Section 10 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) A manufacturer that produces, sells, or distributes a class B firefighting foam restricted under Section 10 shall recall the product and reimburse the retailer or any other purchaser for the product.

(c) Beginning on January 1, 2022, any person, unit of local government, fire department, or State agency that discharges, uses, or releases class B firefighting foam that contains intentionally added PFAS chemicals must be reported to the Agency within 48 hours of the discharge, use, or release. The notification must include:

(1) the time, date, location, and estimated amount of class B firefighting foam discharged, used, or released;

(2) the purpose or reason of the discharge, use, or release; and

(3) the containment, treatment, and disposal measures to be taken or used to prevent or minimize the discharge or release of the foam into the environment.

Section 20. Rules. The Agency shall adopt any rules necessary for the implementation and administration of this Act.

Section 25. Survey.

(a) On or before January 1, 2022, the Office of the State Fire Marshal shall conduct a survey of fire departments to determine:

(1) Each fire department's name, applicable identification number, and address.

(2) The amount, type, and date of manufacture 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 for firefighter training.

(4) Whether each fire department is served by a well or public drinking water source.

(5) Whether each fire department has used class b firefighting foam containing intentionally added PFAS chemicals in the previous 5 years, whether that use was reported to the Agency, and if not when and where the class b firefighting foam containing intentionally added PFAS chemicals was used.

(6) How much, if any, class b firefighting foam containing intentionally added PFAS chemicals the fire department has disposed of and the method of disposal.

(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.

(c) The Office of the State Fire Marshal shall assist other State agencies, fire protection districts, and municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals, as required under Section 10 of this Act.

Section 30. Firefighting personal protective equipment.

(a) On and after January 1, 2022, a manufacturer or person who sells firefighting personal protective equipment to any person, fire department, local government, or State agency must provide written notice to the purchaser at the time of sale if the firefighting personal protective equipment contains intentionally added PFAS chemicals. The written notice must include a statement that the firefighting personal protective equipment being sold contains intentionally added PFAS chemicals and the reason PFAS chemicals are added to the firefighting personal protective equipment.

(b) A manufacturer or person who sells firefighting personal protective equipment and the person, fire department, local government, or State agency purchasing firefighting personal protective equipment must retain the notice provided under subsection (a) on file for at least 3 years after the date of the transaction. Upon the request of the Agency, a manufacturer, person, fire department, local government, or State agency must furnish the notice, or copies of the notice, and any associated sales documentation to the Agency not more than 60 days after the Agency's request.

Section 35. Food packaging; exemption.

(a) On and after January 1, 2022, no person shall knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State food packaging containing intentionally added PFAS.

(b) Subsection (a) shall not apply to food packaging that is sold, offered for sale, or distributed for promotional purposes in this State by a retailer or wholesaler on or after January 1, 2022 if the food packaging was imported into this State, or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in this State, prior to January 1, 2022.

Section 40. PFAS Program Fund. The PFAS Program Fund is created as a special fund in the State treasury. Moneys in the Fund shall be used by the Agency as provided by rules adopted by the Agency.

Section 45. Civil penalties. A manufacturer or person 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.