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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the PFAS |
5 | | Reduction Act. |
6 | | Section 5. Definitions. In this Act: |
7 | | "Agency" means the Illinois Environmental Protection |
8 | | Agency. |
9 | | "Class B firefighting foam" means foam designed to |
10 | | extinguish flammable liquid fires or prevent the ignition of |
11 | | flammable liquids. |
12 | | "Fire department" means the duly authorized fire |
13 | | protection organization of a unit of local government, a |
14 | | Regional Fire Protection Agency, a fire protection district, |
15 | | or a volunteer fire department. |
16 | | "Local government" means a unit of local government or |
17 | | other special purpose district that provides firefighting |
18 | | services. |
19 | | "Manufacturer" means a person that manufactures Class B |
20 | | firefighting foam and any agents of that person, including an |
21 | | importer, distributor, authorized servicer, factory branch, or |
22 | | distributor branch. |
23 | | "Perfluoroalkyl substance or polyfluoroalkyl substance" or |
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1 | | "PFAS" means a class of fluorinated organic chemicals |
2 | | containing at least one fully fluorinated carbon atom. |
3 | | "Person" means any individual, partnership, association, |
4 | | public or private corporation, limited liability company, or |
5 | | any other type of legal or commercial entity, including, but |
6 | | not limited to, members, managers, partners, directors, or |
7 | | officers. |
8 | | "Testing" means calibration testing, conformance testing, |
9 | | and fixed system testing. |
10 | | Section 7. Purpose. Nothing in this Act shall prevent or |
11 | | discourage a fire department from responding to and mitigating |
12 | | incidents where a fire, spill, or leak of a known or suspected |
13 | | flammable liquid has occurred or is believed to be imminent. |
14 | | Section 10. Class B firefighting foam; PFAS. |
15 | | (a) Beginning January 1, 2022, a person, local government, |
16 | | fire department, or State agency may not use for training or |
17 | | testing purposes a Class B firefighting foam containing |
18 | | intentionally added PFAS. However, the testing of Class B |
19 | | firefighting foam to which PFAS has been intentionally added |
20 | | may occur if the person, local government, fire department, or |
21 | | State agency has performed all of the following:
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22 | | (1) Evaluate the testing facility for containment, |
23 | | treatment, and disposal measures to prevent uncontrolled |
24 | | release of Class B firefighting foam to the environment. |
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1 | | Appropriate containment, treatment, and disposal or |
2 | | storage measures may not include flushing, draining, or |
3 | | otherwise discharging the foam into a storm drain or |
4 | | sanitary sewer. |
5 | | (2) Comply with the notification requirements provided |
6 | | in Section 15. |
7 | | (3) Provide training to employees of the possible |
8 | | hazards, protective actions, and a disposal plan.
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9 | | (b) On and after January 1, 2025, a manufacturer of Class B |
10 | | firefighting foam may not knowingly manufacture, sell, offer |
11 | | for sale, distribute for sale, or distribute for use in this |
12 | | State a Class B firefighting foam containing intentionally |
13 | | added PFAS. Any person who operates a refinery or chemical or |
14 | | ethanol plant, a storage and distribution facility, or a tank |
15 | | farm or terminal for flammable liquids, or who has a fixed foam |
16 | | system in use at a manufacturing facility or warehouse, may |
17 | | extend the date of compliance under this subsection to January |
18 | | 1, 2027 if, prior to January 1, 2025, the person determines |
19 | | that additional time for compliance is needed and sends notice |
20 | | of the determination to the Office of the State Fire Marshal. |
21 | | (c) The prohibitions of this Section do not apply to the |
22 | | manufacture, sale, or distribution of Class B firefighting |
23 | | foam where the inclusion of PFAS chemicals is required or |
24 | | authorized under federal law or local building or fire codes, |
25 | | including, but not limited to, 14 CFR 139.317, federal |
26 | | aviation administration guidance, and the 2016 edition of NFPA |
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1 | | 409 Standard on Aircraft Hangars as amended, or otherwise |
2 | | required for a military purpose. However, if applicable |
3 | | federal law allows the use of alternative firefighting agents |
4 | | that do not contain PFAS chemicals, the restrictions under |
5 | | this Section shall apply. |
6 | | (d) The prohibitions of this Section do not apply to the |
7 | | use of Class B firefighting foam containing PFAS chemicals by |
8 | | a fire department while responding to an emergency situation. |
9 | | (e) On and after January 1, 2022, a manufacturer of Class B |
10 | | firefighting foam must provide notification to the fire |
11 | | department prior to the fire department's purchase of Class B |
12 | | firefighting foam containing PFAS clearly indicating:
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13 | | (1) that the product contains PFAS that may be |
14 | | hazardous to health or the environment; |
15 | | (2) the use of the product is regulated and restricted |
16 | | under this Act; and |
17 | | (3) other Class B firefighting foam options may be |
18 | | available for purchase.
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19 | | Section 15. Notification. |
20 | | (a) On and after 30 days after the effective date of this |
21 | | Act, a manufacturer of Class B firefighting foam that is |
22 | | regulated under this Act must notify, in writing, a person |
23 | | that sells the manufacturer's Class B firefighting foam in |
24 | | this State of the provisions of this Act. |
25 | | (b) Beginning on January 1, 2022, any person, unit of |
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1 | | local government, fire department, or State agency that |
2 | | discharges or releases Class B firefighting foam that contains |
3 | | intentionally added PFAS chemicals must notify the Illinois |
4 | | Emergency Management Agency within 48 hours of the discharge |
5 | | or release. The notification must include: |
6 | | (1) the time, date, location, and estimated amount of |
7 | | Class B firefighting foam discharged or released into the |
8 | | environment; |
9 | | (2) the purpose or reason of the discharge or release |
10 | | into the environment; |
11 | | (3) the containment, treatment, and disposal measures |
12 | | to be taken or used to prevent or minimize the discharge or |
13 | | release of the Class B firefighting foam into the |
14 | | environment; and |
15 | | (4) the name of the person, unit of local government, |
16 | | fire department, or State agency, the local incident |
17 | | number, and the Fire Department Identification (FDID) |
18 | | number, if applicable. |
19 | | (c) The Illinois Emergency Management Agency shall, no |
20 | | less than annually, report any notifications specified in |
21 | | subsection (b) to the Office of the State Fire Marshal. |
22 | | Section 25. Survey. |
23 | | (a) On or before January 1, 2022, and on or before January |
24 | | 1 of each of the 5 years thereafter, the Office of the State |
25 | | Fire Marshal shall conduct a survey of fire departments to |
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1 | | determine: |
2 | | (1) Each fire department's name, Fire Department |
3 | | Identification (FDID) number, if applicable, and address. |
4 | | (2) The amount, type, and date of manufacture and the |
5 | | expiration date of any Class B firefighting foam |
6 | | containing intentionally added PFAS chemicals that each |
7 | | fire department possesses. |
8 | | (3) How, where, and when each fire department has used |
9 | | Class B firefighting foam containing intentionally added |
10 | | PFAS chemicals within the previous 12 months, the NFIRS |
11 | | incident number, and, if reported to the Illinois |
12 | | Emergency Management Agency, the report number provided by |
13 | | the Illinois Emergency Management Agency. |
14 | | (4) How much, if any, Class B firefighting foam |
15 | | containing intentionally added PFAS chemicals the fire |
16 | | department has disposed of, and the method of disposal, |
17 | | during the reporting period. |
18 | | (b) The Office of the State Fire Marshal shall compile the |
19 | | results of the survey conducted under this Section and provide |
20 | | a report to the General Assembly no later than 90 days |
21 | | following the completion of the survey. |
22 | | Section 30. Disposal. |
23 | | (a) Proper disposal of Class B firefighting foam |
24 | | containing PFAS shall not include flushing, draining, or |
25 | | otherwise discharging the Class B firefighting foam into a |
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1 | | ditch, waterway, storm drain, or sanitary sewer. |
2 | | (b) Class B firefighting foam must be properly disposed of |
3 | | within 90 days of the expiration date provided by the |
4 | | manufacturer. |
5 | | (c) Beginning no later than January 1, 2023 and for a |
6 | | period of no less than 2 years, the Agency shall post on its |
7 | | website information regarding the proper methods for disposing |
8 | | of Class B firefighting foam containing PFAS. |
9 | | Section 35. Civil penalties. A manufacturer who violates |
10 | | this Act is subject to a civil penalty not to exceed $5,000 for |
11 | | the first violation and a civil penalty not to exceed $10,000 |
12 | | for each subsequent violation. Civil penalties collected under |
13 | | this Section must be deposited into the Environmental |
14 | | Protection Trust Fund to be used in accordance with the |
15 | | provisions of the Environmental Protection Trust Fund Act.
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16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.
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