HB3092 103RD GENERAL ASSEMBLY

LRB103 30122 CPF 56546 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3092

Introduced 2/17/2023, by Rep. Abdelnasser Rashid

SYNOPSIS AS INTRODUCED:

415 ILCS 170/5
415 ILCS 170/40 new

Amends the PFAS Reduction Act. Provides that the Environmental Protection Agency shall contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface that manufacturers shall use to report certain data about products that contain intentionally added PFAS. Provides that the Agency may adopt rules necessary to implement these provisions. Provides that the Agency may provide technical assistance to manufacturers in complying with these provisions. Provides that, on or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into the State shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible data collection interface, along with specified information. Provides that a violation of these provisions is subject to a civil penalty. Provides product exemptions for these provisions.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The PFAS Reduction Act is amended by changing Section 5 and by adding Section 40 as follows:

(415 ILCS 170/5)

Sec. 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.

"Intentionally added perfluoroalkyl and polyfluoroalkyl substances" or "intentionally added PFAS" means PFAS that a manufacturer has intentionally added to a product, a product's components, or a product's ingredients and that has a functional or technical effect in the product, the product's components, or the product's ingredients. "Intentionally added perfluoroalkyl and polyfluoroalkyl substances" or "intentionally added PFAS" also includes the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, the product's components, or the product's ingredients.

"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.

(Source: P.A. 102-290, eff. 8-6-21.)

(415 ILCS 170/40 new)

Sec. 40. Publicly accessible data collection program.

(a) The Agency shall contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface that manufacturers shall use to report data as required by this Section. The Agency may enter into any necessary contracts to implement this Section. To the extent reasonable and feasible, the data collection interface shall streamline and facilitate data reporting required by this Section with similar data reporting required by other states and jurisdictions.

(b) The Agency may adopt any rules or regulations necessary to implement this Section.

(c) The Agency may provide technical assistance to manufacturers in complying with this Section.

(d) The Agency may use rules or regulations adopted pursuant to subsection (b) or technical assistance provided pursuant to subsection (c) to clarify the reporting requirements or to ensure that the data collected are not duplicative among the reporting entities.

(e) On or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into, the State shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible data collection interface implemented pursuant to subsection (a), along with all of the following information, as applicable:

(1) the name and type of product or product component containing intentionally added PFAS;

(2) the universal product code of the product or product component containing intentionally added PFAS;

(3) the purpose or function for which the intentionally added PFAS are used in the product or product component;

(4) the identity and amount of all PFAS compounds in the product or product component containing intentionally added PFAS, reported as follows:

(A) The identity shall be reported as follows:

(i) the specific name and the chemical abstracts service registry number of each PFAS compound, if both are known;

(ii) the specific name or the chemical abstracts service registry number if only one is known; or

(iii) the brand name of the formulation that contains PFAS and the name of the formulation manufacturer, if neither the specific name nor the chemical abstracts service registry number is known.

(B) The amount or weight of PFAS shall be reported as follows:

(i) the amount or weight of each intentionally added PFAS compound, if known; or

(ii) the total organic fluorine in the product or product component containing intentionally added PFAS, if the amount or weight of each intentionally added PFAS compound is not known;

(5) the amount of the product or the product component or the numbers of products or product components sold, delivered, or imported into the State in the prior calendar year; and

(6) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer.

(f) A violation of this Section is subject to a civil penalty under Section 35.

(g) This Section does not apply to any of the following:

(1) a product regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration;

(2) any medical equipment or product used in medical settings that is regulated by the United States Food and Drug Administration;

(3) a product intended for animals that is regulated as animal drugs, biologics, parasiticides, medical devices, and diagnostics used to treat or are administered to animals under the Federal Food, Drug, and Cosmetic Act, the federal Virus-Serum-Toxin Act, or the Federal Insecticide, Fungicide, and Rodenticide Act.