Illinois General Assembly - Full Text of SB2705
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Full Text of SB2705  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/10/2024, by Sen. Laura Fine


415 ILCS 170/5
415 ILCS 170/10
415 ILCS 170/15
415 ILCS 170/45 new
415 ILCS 170/50 new
415 ILCS 170/55 new
415 ILCS 170/60 new
415 ILCS 170/65 new
415 ILCS 170/70 new
415 ILCS 170/75 new

    Amends the PFAS Reduction Act. Requires, on or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in the State that contains intentionally added PFAS to submit to the Environmental Protection Agency specified information. Allows the Agency to waive the submission of information required by a manufacturer or extend the amount of time a manufacturer has to submit the required information. Provides that, if the Pollution Control Board has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the State, the Board may direct the manufacturer of the product to provide the Board with testing results that demonstrate the amount of each of the PFAS in the product. Provides that, if testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the Board with a certificate attesting that the product does not contain intentionally added PFAS. Restricts the sale of specified products beginning January 1, 2025 if the product contains intentionally added PFAS. Allows the Agency to establish a fee payable by a manufacturer to the Agency upon submission of the required information to cover the Agency's reasonable costs to implement the provisions. Allows the Agency to coordinate with the Board, the Department of Agriculture, and the Department of Public Health to enforce the provisions. Sets forth products that are exempt from the provisions.

LRB103 36219 LNS 66312 b





SB2705LRB103 36219 LNS 66312 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The PFAS Reduction Act is amended by changing
5Sections 5, 10, and 15 and by adding Sections 45, 50, 55, 60,
665, 70, and 75 as follows:
7    (415 ILCS 170/5)
8    Sec. 5. Definitions. In this Act, unless otherwise
10    "Adult mattress" has the meaning given to that term in 16
11CFR 1632.1(a).
12    "Agency" means the Illinois Environmental Protection
14    "Air care product" means any consumer product, including,
15but not limited to, sprays, wicks, powders, and crystals,
16designed for the purpose of masking odors, or freshening,
17cleaning, scenting, or deodorizing the air. To determine
18whether a product is an air freshener, all verbal and visual
19representations regarding product use on the label or
20packaging and in the product's literature and advertising may
21be considered.
22    "Automotive maintenance product" means a chemically
23formulated consumer product labeled to indicate that the



SB2705- 2 -LRB103 36219 LNS 66312 b

1purpose of the product is to maintain the appearance of a motor
2vehicle, including products for washing, waxing, polishing,
3cleaning, or treating the exterior or interior surfaces of a
4motor vehicle. "Automotive maintenance product" does not
5include automotive paint or paint repair products.
6    "Board" means the Pollution Control Board.
7    "Carpet or rug" means a fabric marketed or intended for
8use as a floor covering.
9    "Class B firefighting foam" means foam designed to
10extinguish flammable liquid fires or prevent the ignition of
11flammable liquids.
12    "Cleaning product" means a finished product used primarily
13for domestic, commercial, or institutional cleaning purposes,
14including, but not limited to, to an air care product,
15automotive maintenance product, general cleaning product, or
16polish or floor maintenance product.
17    "Cookware" means durable houseware items used to prepare,
18dispense, or store food, foodstuffs, or beverages. "Cookware"
19includes, but is not limited to, pots, pan, skillets, grills,
20baking sheets, baking molds, trays, bowls, and cooking
22    "Cosmetics" means articles, excluding soap:
23        (1) intended to be rubbed, poured, sprinkled, or
24    sprayed on, introduced into, or otherwise applied to the
25    human body or any part of the human body for the purpose of
26    cleansing, beautifying, promoting attractiveness, or



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1    altering the appearance; and
2        (2) intended for use as a component of any article.
3    "Currently unavoidable use" means a use of PFAS that the
4Board has determined by rule under this Act to be essential for
5health, safety, or the functioning of society and for which
6alternatives are not reasonably available.
7    "Fabric treatment" means a substance applied to fabric to
8give the fabric one or more characteristics, including, but
9not limited to, stain resistance or water resistance.
10    "Fire department" means the duly authorized fire
11protection organization of a unit of local government, a
12Regional Fire Protection Agency, a fire protection district,
13or a volunteer fire department.
14    "Food packaging" means a container applied to or providing
15a means to market, protect, handle, deliver, serve, contain,
16or store a food or beverage. "Food packaging" includes:
17        (1) a unit package, an intermediate package, and a
18    shipping container;
19        (2) unsealed receptacles, such as carrying cases,
20    crates, cups, plates, bowls, pails, rigid foil and other
21    trays, wrappers and wrapping films, bags, and tubs; and
22        (3) an individually assembled part of a food package,
23    such as any interior or exterior blocking, bracing,
24    cushioning, weatherproofing, exterior strapping,
25    coatings, closures, inks, and labels.
26    "Intentionally added" means PFAS deliberately added during



SB2705- 4 -LRB103 36219 LNS 66312 b

1the manufacture of a product or reasonably anticipated to be
3    "Juvenile product" means a product designed or marketed
4for use by infants and children under 12 years of age.
5"Juvenile product" includes, but is not limited to, a baby or
6toddler foam pillow, bassinet, bedside sleeper, booster seat,
7changing pad, child restraint system for use in a motor
8vehicle and aircraft, co-sleeper, crib mattress, highchair,
9highchair pad, infant bouncer, infant carrier, infant seat,
10infant sleep positioner, infant swing, infant travel bed,
11infant walker, nap cot, nursing pad, nursing pillow, play mat,
12playpen, play yard, polyurethane foam mat, pad, or pillow,
13portable foam nap mat, portable infant sleeper, portable
14hook-on chair, soft-sided portable crib, stroller, and toddler
15mattress. "Juvenile product" does not include a children's
16electronic product, including a personal computer, audio and
17video equipment, calculator, wireless phone, game console,
18handheld device incorporating a video screen, or any
19associated peripheral, such as a mouse, keyboard, power supply
20unit, power cord, adult mattress, or an internal component of
21a product that would not come into direct contact with a
22child's skin or mouth during reasonably foreseeable use and
23abuse of the product.
24    "Local government" means a unit of local government or
25other special purpose district that provides firefighting



SB2705- 5 -LRB103 36219 LNS 66312 b

1    "Manufacturer" means the person that creates or produces a
2product or whose brand name is affixed to the product. In the
3case of a product imported into the United States,
4"manufacturer" includes the importer or first domestic
5distributor of the product if the person that manufactured or
6assembled the product or whose brand name is affixed to the
7product does not have a presence in the United States. a person
8that manufactures Class B firefighting foam and any agents of
9that person, including an importer, distributor, authorized
10servicer, factory branch, or distributor branch.
11    "Medical device" has the meaning given to the term
12"device" under subsection (h) of Section 321 of Title 21 of the
13United States Code.
14    "Menstrual product" means a product used to collect
15menstruation and vaginal discharge, including, but not limited
16to, tampons, pads, sponges, menstruation underwear, disks, and
17menstrual cups, whether disposable or reusable.
18    "Perfluoroalkyl substance or polyfluoroalkyl substance" or
19"PFAS" means a class of fluorinated organic chemicals
20containing at least one fully fluorinated carbon atom.
21    "Person" means any individual, partnership, association,
22public or private corporation, limited liability company, or
23any other type of legal or commercial entity, including, but
24not limited to, members, managers, partners, directors, or
26    "Product" means an item manufactured, assembled, packaged,



SB2705- 6 -LRB103 36219 LNS 66312 b

1or otherwise prepared for sale to consumers, including, but
2not limited to, its product components, sold or distributed
3for personal, residential, commercial, or industrial use,
4including for use in making other products.
5    "Product component" means an identifiable component of a
6product, regardless of whether the manufacturer of the product
7is the manufacturer of the component.
8    "Ski wax" means a lubricant applied to the bottom of snow
9runners, including, but not limited to, skis and snowboards,
10to improve their grip or glide properties. "Ski wax" includes
11related tuning products.
12    "Testing" means calibration testing, conformance testing,
13and fixed system testing.
14    "Textile" means an item made, in whole or in part, from a
15natural or synthetic fiber, yarn, or fabric. "Textile"
16includes, but is not limited to, leather, cotton, silk, jute,
17hemp, wool, viscose, nylon, and polyester.
18    "Textile furnishings" means textile goods of a type
19customarily used in households and buildings, including, but
20not limited to, draperies, floor coverings, furnishings,
21bedding, towels, and tablecloths.
22    "Upholstered furniture" means an article of furniture that
23is designed to be used for sitting, resting, or reclining and
24that is wholly or partly stuffed or filled with any filling
26(Source: P.A. 102-290, eff. 8-6-21.)



SB2705- 7 -LRB103 36219 LNS 66312 b

1    (415 ILCS 170/10)
2    Sec. 10. Class B firefighting foam; PFAS.
3    (a) Beginning January 1, 2022, a person, local government,
4fire department, or State agency may not use for training or
5testing purposes a Class B firefighting foam containing
6intentionally added PFAS. However, the testing of Class B
7firefighting foam to which PFAS has been intentionally added
8may occur if the person, local government, fire department, or
9State agency has performed all of the following:
10        (1) Evaluate the testing facility for containment,
11    treatment, and disposal measures to prevent uncontrolled
12    release of Class B firefighting foam to the environment.
13    Appropriate containment, treatment, and disposal or
14    storage measures may not include flushing, draining, or
15    otherwise discharging the foam into a storm drain or
16    sanitary sewer.
17        (2) Comply with the notification requirements provided
18    in Section 15.
19        (3) Provide training to employees of the possible
20    hazards, protective actions, and a disposal plan.
21    (b) On and after January 1, 2025, a manufacturer of Class B
22firefighting foam may not knowingly manufacture, sell, offer
23for sale, distribute for sale, or distribute for use in this
24State a Class B firefighting foam containing intentionally
25added PFAS. Any person who operates a refinery or chemical or



SB2705- 8 -LRB103 36219 LNS 66312 b

1ethanol plant, a storage and distribution facility, or a tank
2farm or terminal for flammable liquids, or who has a fixed foam
3system in use at a manufacturing facility or warehouse, may
4extend the date of compliance under this subsection to January
51, 2027 if, prior to January 1, 2025, the person determines
6that additional time for compliance is needed and sends notice
7of the determination to the Office of the State Fire Marshal.
8    (c) The prohibitions of this Section do not apply to the
9manufacture, sale, or distribution of Class B firefighting
10foam where the inclusion of PFAS chemicals is required or
11authorized under federal law or local building or fire codes,
12including, but not limited to, 14 CFR 139.317, federal
13aviation administration guidance, and the 2016 edition of NFPA
14409 Standard on Aircraft Hangars as amended, or otherwise
15required for a military purpose. However, if applicable
16federal law allows the use of alternative firefighting agents
17that do not contain PFAS chemicals, the restrictions under
18this Section shall apply.
19    (d) The prohibitions of this Section do not apply to the
20use of Class B firefighting foam containing PFAS chemicals by
21a fire department while responding to an emergency situation.
22    (e) On and after January 1, 2022, a manufacturer of Class B
23firefighting foam must provide notification to the fire
24department prior to the fire department's purchase of Class B
25firefighting foam containing PFAS clearly indicating:
26        (1) that the product contains PFAS that may be



SB2705- 9 -LRB103 36219 LNS 66312 b

1    hazardous to health or the environment;
2        (2) the use of the product is regulated and restricted
3    under this Act; and
4        (3) other Class B firefighting foam options may be
5    available for purchase.
6    (f) As used in this Section, "manufacturer" means a person
7that manufactures Class B firefighting foam and any agents of
8that person, including an importer, distributor, authorized
9servicer, factory branch, or distributor branch.
10(Source: P.A. 102-290, eff. 8-6-21.)
11    (415 ILCS 170/15)
12    Sec. 15. Notification.
13    (a) On and after 30 days after the effective date of this
14Act, a manufacturer of Class B firefighting foam that is
15regulated under this Act must notify, in writing, a person
16that sells the manufacturer's Class B firefighting foam in
17this State of the provisions of this Act.
18    (b) Beginning on January 1, 2022, any person, unit of
19local government, fire department, or State agency that
20discharges or releases Class B firefighting foam that contains
21intentionally added PFAS chemicals must notify the Illinois
22Emergency Management Agency within 48 hours of the discharge
23or release. The notification must include:
24        (1) the time, date, location, and estimated amount of
25    Class B firefighting foam discharged or released into the



SB2705- 10 -LRB103 36219 LNS 66312 b

1    environment;
2        (2) the purpose or reason of the discharge or release
3    into the environment;
4        (3) the containment, treatment, and disposal measures
5    to be taken or used to prevent or minimize the discharge or
6    release of the Class B firefighting foam into the
7    environment; and
8        (4) the name of the person, unit of local government,
9    fire department, or State agency, the local incident
10    number, and the Fire Department Identification (FDID)
11    number, if applicable.
12    (c) The Illinois Emergency Management Agency shall, no
13less than annually, report any notifications specified in
14subsection (b) to the Office of the State Fire Marshal.
15    (d) As used in this Section, "manufacturer" means a person
16that manufactures Class B firefighting foam and any agents of
17that person, including an importer, distributor, authorized
18servicer, factory branch, or distributor branch.
19(Source: P.A. 102-290, eff. 8-6-21.)
20    (415 ILCS 170/45 new)
21    Sec. 45. Information requirement.
22    (a) On or before January 1, 2026, a manufacturer of a
23product sold, offered for sale, or distributed in the State
24that contains intentionally added PFAS must submit to the
25Agency information that includes:



SB2705- 11 -LRB103 36219 LNS 66312 b

1        (1) a brief description of the product, including a
2    universal product code (UPC), stock keeping unit (SKU), or
3    other numeric code assigned to the product;
4        (2) the purpose for which PFAS are used in the
5    product, including in any product components;
6        (3) the amount of each PFAS, identified by its
7    chemical abstracts service registry number, in the
8    product, reported as an exact quantity determined using
9    commercially available analytical methods or as falling
10    within a range approved for reporting purposes by the
11    Board;
12        (4) the name and address of the manufacturer and the
13    name, address, and phone number of a contact person for
14    the manufacturer; and
15        (5) any additional information requested by the agency
16    as necessary to implement the requirements of this
17    Section.
18    (b) With the approval of the Agency, a manufacturer may
19supply the information required in subsection (a) for a
20category or type of product rather than for each individual
22    (c) A manufacturer must submit the information required
23under this Section whenever a new product that contains
24intentionally added PFAS is sold, offered for sale, or
25distributed in the State and update and revise the information
26whenever there is a significant change in the information or



SB2705- 12 -LRB103 36219 LNS 66312 b

1when requested to do so by the Agency.
2    (d) A person may not sell, offer for sale, or distribute
3for sale in the State a product containing intentionally added
4PFAS if the manufacturer has failed to provide the information
5required under this Section and the person has received
6notification under Section 50.
7    (415 ILCS 170/50 new)
8    Sec. 50. Information requirement waivers and extensions.
9    (a) The Agency may waive all or part of the information
10requirement under Section 45 if the Agency determines that
11substantially equivalent information is already publicly
12available. The Agency may grant a waiver under this subsection
13to a manufacturer or a group of manufacturers for multiple
14products or a product category.
15    (b) The Agency may enter into an agreement with one or more
16states or political subdivisions of a state to collect
17information and may accept information to a shared system as
18meeting the information requirement under Section 45.
19    (c) The Agency may extend the deadline for submission by a
20manufacturer of the information required under Section 45 if
21the Agency determines that more time is needed by the
22manufacturer to comply with the submission requirement.
23    (415 ILCS 170/55 new)
24    Sec. 55. Testing required; certificate of compliance.



SB2705- 13 -LRB103 36219 LNS 66312 b

1    (a) If the Board has reason to believe that a product
2contains intentionally added PFAS and the product is being
3offered for sale in the State, the Board may direct the
4manufacturer of the product to, within 30 days, provide the
5Board with testing results that demonstrate the amount of each
6of the PFAS, identified by its chemical abstracts service
7registry number, in the product, reported as an exact quantity
8determined using commercially available analytical methods or
9as falling within a range approved for reporting purposes by
10the Board.
11    (b) If testing demonstrates that the product does not
12contain intentionally added PFAS, the manufacturer must
13provide the Board with a certificate attesting that the
14product does not contain intentionally added PFAS, including
15testing results and any other relevant information.
16    (c) If testing demonstrates that the product contains
17intentionally added PFAS, the manufacturer must provide the
18Board with the testing results and the information required
19under Section 45.
20    (d) A manufacturer must notify a person who sells or
21offers for sale the manufacturer's product prohibited under
22Section 45 or 60 that the sale of the product is prohibited in
23this State and provide the Board with a list of the names and
24addresses of those notified.
25    (e) The Board may notify a person who sells or offers for
26sale a product prohibited under Section 60 that the sale of



SB2705- 14 -LRB103 36219 LNS 66312 b

1that product is prohibited in this State.
2    (415 ILCS 170/60 new)
3    Sec. 60. Prohibitions.
4    (a) Beginning January 1, 2025, a person may not sell,
5offer for sale, or distribute for sale in this State the
6following products if the product contains intentionally added
8        (1) carpets or rugs;
9        (2) cleaning products;
10        (3) cookware;
11        (4) cosmetics;
12        (5) dental floss;
13        (6) fabric treatments;
14        (7) juvenile products;
15        (8) menstrual products;
16        (9) intimate apparel;
17        (10) textile furnishings;
18        (11) ski wax;
19        (12) upholstered furniture;
20        (13) food packaging
    ; or
21        (14) compostable products.
22    (b) The Board may, by rule, identify additional products
23by category or use that may not be sold, offered for sale, or
24distributed for sale in this State if they contain
25intentionally added PFAS and designate effective dates for the



SB2705- 15 -LRB103 36219 LNS 66312 b

1prohibitions. A prohibition adopted under this subsection must
2be effective no earlier than January 1, 2025, and no later than
3January 1, 2032. The Board must prioritize the prohibition of
4the sale of product categories that, in the Board's judgment,
5are most likely to contaminate or harm the State's environment
6and natural resources if they contain intentionally added
8    (c) Beginning January 1, 2032, a person may not sell,
9offer for sale, or distribute for sale in this State any
10product that contains intentionally added PFAS, unless the
11Board has determined, by rule, that the use of the PFAS in the
12product is currently unavoidable. The Board may specify
13specific products or product categories for which the Board
14has determined the use of PFAS is a currently unavoidable use.
15The Board may not determine that the use of PFAS in a product
16is a currently unavoidable use if the product is listed in
17subsection (a).
18    (d) The Board may not take action under subsection (b) or
19(c) with respect to a pesticide, fertilizer, agricultural
20liming material, plant amendment, or soil amendment unless the
21Department of Agriculture approves the action.
22    (415 ILCS 170/65 new)
23    Sec. 65. Fees. The Agency may establish, by rule, a fee
24payable by a manufacturer to the Agency upon submission of the
25information required under Section 45 to cover the Agency's



SB2705- 16 -LRB103 36219 LNS 66312 b

1reasonable costs to implement Section 45. Fees collected under
2this Section must be deposited into
an account in the
3Environmental Protection Trust Fund.
4    (415 ILCS 170/70 new)
5    Sec. 70. Enforcement.
6    (a) The Agency may coordinate with the Board, the
7Department of Agriculture, and the Department of Public Health
8in enforcing this amendatory Act of the 103rd General
10    (b) When requested by the Agency, a person must furnish to
11the Agency any information that the person may have or may
12reasonably obtain that is relevant to show compliance with
13this amendatory Act of the 103rd General Assembly.
14    (415 ILCS 170/75 new)
15    Sec. 75. Exemptions.
16    (a) The changes to this Act by this amendatory Act of the
17103rd General Assembly do not apply to:
18        (1) a product for which federal law governs the
19    presence of PFAS in the product in a manner that preempts
20    State authority;
21        (2) a product regulated under Sections 10 through 40;
22    or
23        (3) the sale or resale of a used product.
24    (b) Sections 55 and 60 do not apply to a prosthetic or



SB2705- 17 -LRB103 36219 LNS 66312 b

1orthotic device or to any product that is a medical device or
2drug or that is otherwise used in a medical setting or in
3medical applications regulated by the United States Food and
4Drug administration.