Illinois General Assembly - Full Text of SB0561
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Full Text of SB0561  102nd General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the PFAS
5Reduction Act.
6    Section 5. Definitions. In this Act:
7    "Agency" means the Illinois Environmental Protection
9    "Class B firefighting foam" means foam designed to
10extinguish flammable liquid fires or prevent the ignition of
11flammable liquids.
12    "Fire department" means the duly authorized fire
13protection organization of a unit of local government, a
14Regional Fire Protection Agency, a fire protection district,
15or a volunteer fire department.
16    "Local government" means a unit of local government or
17other special purpose district that provides firefighting
19    "Manufacturer" means a person that manufactures Class B
20firefighting foam and any agents of that person, including an
21importer, distributor, authorized servicer, factory branch, or
22distributor branch.
23    "Perfluoroalkyl substance or polyfluoroalkyl substance" or



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1"PFAS" means a class of fluorinated organic chemicals
2containing at least one fully fluorinated carbon atom.
3    "Person" means any individual, partnership, association,
4public or private corporation, limited liability company, or
5any other type of legal or commercial entity, including, but
6not limited to, members, managers, partners, directors, or
8    "Testing" means calibration testing, conformance testing,
9and fixed system testing.
10    Section 7. Purpose. Nothing in this Act shall prevent or
11discourage a fire department from responding to and mitigating
12incidents where a fire, spill, or leak of a known or suspected
13flammable 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,
16fire department, or State agency may not use for training or
17testing purposes a Class B firefighting foam containing
18intentionally added PFAS. However, the testing of Class B
19firefighting foam to which PFAS has been intentionally added
20may occur if the person, local government, fire department, or
21State agency has performed all of the following:
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.
9    (b) On and after January 1, 2025, a manufacturer of Class B
10firefighting foam may not knowingly manufacture, sell, offer
11for sale, distribute for sale, or distribute for use in this
12State a Class B firefighting foam containing intentionally
13added PFAS. Any person who operates a refinery or chemical or
14ethanol plant, a storage and distribution facility, or a tank
15farm or terminal for flammable liquids, or who has a fixed foam
16system in use at a manufacturing facility or warehouse, may
17extend the date of compliance under this subsection to January
181, 2027 if, prior to January 1, 2025, the person determines
19that additional time for compliance is needed and sends notice
20of the determination to the Office of the State Fire Marshal.
21    (c) The prohibitions of this Section do not apply to the
22manufacture, sale, or distribution of Class B firefighting
23foam where the inclusion of PFAS chemicals is required or
24authorized under federal law or local building or fire codes,
25including, but not limited to, 14 CFR 139.317, federal
26aviation administration guidance, and the 2016 edition of NFPA



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1409 Standard on Aircraft Hangars as amended, or otherwise
2required for a military purpose. However, if applicable
3federal law allows the use of alternative firefighting agents
4that do not contain PFAS chemicals, the restrictions under
5this Section shall apply.
6    (d) The prohibitions of this Section do not apply to the
7use of Class B firefighting foam containing PFAS chemicals by
8a fire department while responding to an emergency situation.
9    (e) On and after January 1, 2022, a manufacturer of Class B
10firefighting foam must provide notification to the fire
11department prior to the fire department's purchase of Class B
12firefighting foam containing PFAS clearly indicating:
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.
19    Section 15. Notification.
20    (a) On and after 30 days after the effective date of this
21Act, a manufacturer of Class B firefighting foam that is
22regulated under this Act must notify, in writing, a person
23that sells the manufacturer's Class B firefighting foam in
24this State of the provisions of this Act.
25    (b) Beginning on January 1, 2022, any person, unit of



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1local government, fire department, or State agency that
2discharges or releases Class B firefighting foam that contains
3intentionally added PFAS chemicals must notify the Illinois
4Emergency Management Agency within 48 hours of the discharge
5or 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
20less than annually, report any notifications specified in
21subsection (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
241 of each of the 5 years thereafter, the Office of the State
25Fire Marshal shall conduct a survey of fire departments to



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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
19results of the survey conducted under this Section and provide
20a report to the General Assembly no later than 90 days
21following the completion of the survey.
22    Section 30. Disposal.
23    (a) Proper disposal of Class B firefighting foam
24containing PFAS shall not include flushing, draining, or
25otherwise discharging the Class B firefighting foam into a



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1ditch, waterway, storm drain, or sanitary sewer.
2    (b) Class B firefighting foam must be properly disposed of
3within 90 days of the expiration date provided by the
5    (c) Beginning no later than January 1, 2023 and for a
6period of no less than 2 years, the Agency shall post on its
7website information regarding the proper methods for disposing
8of Class B firefighting foam containing PFAS.
9    Section 35. Civil penalties. A manufacturer who violates
10this Act is subject to a civil penalty not to exceed $5,000 for
11the first violation and a civil penalty not to exceed $10,000
12for each subsequent violation. Civil penalties collected under
13this Section must be deposited into the Environmental
14Protection Trust Fund to be used in accordance with the
15provisions of the Environmental Protection Trust Fund Act.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.