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Public Act 102-0290


 

Public Act 0290 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0290
 
SB0561 EnrolledLRB102 11754 CPF 17089 b

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

Effective Date: 8/6/2021