Full Text of SB0561 102nd General Assembly
SB0561enr 102ND GENERAL ASSEMBLY |
| | SB0561 Enrolled | | LRB102 11754 CPF 17089 b |
|
| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 |
| | | SB0561 Enrolled | - 2 - | LRB102 11754 CPF 17089 b |
|
| 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:
| 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. |
| | | SB0561 Enrolled | - 3 - | LRB102 11754 CPF 17089 b |
|
| 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 | 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 |
| | | SB0561 Enrolled | - 4 - | LRB102 11754 CPF 17089 b |
|
| 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:
| 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 | 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 |
| | | SB0561 Enrolled | - 5 - | LRB102 11754 CPF 17089 b |
|
| 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 |
| | | SB0561 Enrolled | - 6 - | LRB102 11754 CPF 17089 b |
|
| 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 |
| | | SB0561 Enrolled | - 7 - | LRB102 11754 CPF 17089 b |
|
| 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.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
|
|