HB3792 96TH GENERAL ASSEMBLY

LRB096 11642 JDS 22204 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3792

Introduced 2/25/2009, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

See Index

Creates the Child-Safe Chemicals Act. Establishes the Children's Health Advisory Panel. Requires the Panel's members to serve without compensation and to possess knowledge and expertise in fields relevant to children's health, chemical exposure, and risk assessment. Requires the Panel to recommend, no later than January 1, 2011, a pilot program for addressing chemicals that pose a threat to children's health based on potential exposure to children from children's products. Requires that the pilot program (i) identify chemicals that pose a threat to children's health based on potential exposure, (ii) establish limits for those chemicals in children's products, (iii) identify safer alternatives to those chemicals and create incentives for the development of those alternatives, (iv) ensure appropriate access to all information related to the effects of a chemical substance on children's health, and (v) inform consumers about chemicals that pose a threat to children's health. Requires the Panel to use the recommended pilot program to analyze 5 chemicals, selected jointly by the Directors of the Illinois Department of Public Health and the Illinois Environmental Protection Agency, that may pose a threat to children's health based on potential exposure to children from children's products. Amends the Environmental Protection Act. Authorizes the Agency, acting either individually or in concert with other states or government entities, to maintain or participate in a clearinghouse for information pertaining to the presence of, the hazardous traits associated with, and the potential for human and environmental health effects of (i) chemicals in consumer products and (ii) known or potential alternatives to those chemicals. Requires clearinghouse information to be made available to the public on the Internet. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Child-Safe Chemicals Act.

Section 5. Legislative Findings. The General Assembly finds:

(a) The incidence of some diseases and disorders that have been linked to chemical exposures is on the rise.

(b) The metabolism, physiology, and toxic chemical exposure patterns of developing fetuses, infants, and children differ from those of adults, which makes children more vulnerable than adults to the harmful effects of exposure to some synthetic chemicals.

(c) Unlike pharmaceuticals and pesticides, manufacturers of most chemical substances are not required under current law to supply human or environmental toxicity information before selling their products to the public. Consequently, the vast majority of chemicals used in consumer products have never had any federal or state government review to evaluate potential toxicity to infants, children, developing fetuses, or adults.

(d) To protect children's health, it is important to reduce or eliminate exposures to certain chemicals that are present in children's products or that may be reasonably anticipated either to be placed in children's mouths or to result in children's exposure.

Section 10. Definitions.

"Children's cosmetics" means cosmetics that are made for, marketed for use by, or marketed to children under the age of 12. "Children's cosmetics" includes, but is not limited to, cosmetics that meet any one or more of the following conditions:

(a) Represented in its packaging, display, or advertising as appropriate for use by children.

(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children.

(c) Sold in any one or more of the following:

(i) A retail store, catalog, or online Web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

(ii) A discrete portion of a retail store, catalog, or online Web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

"Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children under the age of 12. "Children's jewelry" includes, but is not limited to, jewelry that meets any one or more of the following conditions:

(a) Represented in its packaging, display, or advertising as appropriate for use by children under the age of 12.

(b) Sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children.

(c) Sized for children and not intended for use by adults.

(d) Sold in any one or more of the following:

(i) A vending machine.

(ii) A retail store, catalog, or online Web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

(iii) A discrete portion of a retail store, catalog, or online Web site, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.

"Children's product" means any of the following:

(a) Toys.

(b) Children's cosmetics.

(c) Children's jewelry.

(d) Products designed or intended by the manufacturer to help a child with sucking or teething; to facilitate sleep, relaxation, or the feeding of a child; or to be worn as clothing by children.

(e) Child car seats.

"Cosmetics" means articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and articles intended for use as a component of such an article. "Cosmetics" does not include soap, dietary supplements, or food or drugs approved by the federal Food and Drug Administration.

"Manufacturer" means the person who manufactured a final product or the person whose brand name is affixed to a final product. In the case of a product that was imported into the United States, "manufacturer" includes the importer or domestic distributor of the product if the person who manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or his, her, or its legal representative, agent, or assigns.

"Toy" means a product designed or intended by the manufacturer to be used by a child at play.

Section 15. Children's Health Advisory Panel.

(a) The Children's Health Advisory Panel is established and shall consist of the Director of the Illinois Department of Public Health or his or her designee, the Director of the Illinois Environmental Protection Agency or his or her designee, and 5 members appointed jointly by the Directors of the Illinois Department of Public Health and Illinois Environmental Protection Agency. Appointed members must possess knowledge and expertise in fields relevant to children's health, chemical exposure, and risk assessment. The members of the Advisory Panel may organize themselves as they deem necessary and shall serve without compensation.

(b) No later than January 1, 2011, the Children's Health Advisory Panel shall recommend to the Governor and General Assembly a pilot program for addressing chemicals that pose a threat to children's health based on potential exposure to children from children's products. At a minimum, the pilot program shall address the following:

(1) Identifying chemicals that pose a threat to children's health based on potential exposure.

(2) Establishing limits for those chemicals in children's products.

(3) Identifying safer alternatives to those chemicals and requiring or creating incentives for the development of those alternatives.

(4) Ensuring appropriate access to all information related to the effects of a chemical substance on children's health.

(5) Informing consumers about chemicals that pose a threat to children's health.

The Children's Health Advisory Panel shall use the recommended pilot program to analyze 5 chemicals and shall include the results of the analysis in its recommendation to the Governor and General Assembly. The 5 chemicals shall be chemicals that may pose a threat to children's health based on potential exposure to children from children's products. The 5 chemicals shall be selected jointly by the Directors of the Illinois Department of Public Health and the Illinois Environmental Protection Agency.

Section 80. The Environmental Protection Act is amended by changing Section 4 as follows:

(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)

Sec. 4. Environmental Protection Agency; establishment; duties.

(a) There is established in the Executive Branch of the State Government an agency to be known as the Environmental Protection Agency. This Agency shall be under the supervision and direction of a Director who shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the Director shall expire on the third Monday of January in odd numbered years, provided that he or she shall hold office until a successor is appointed and has qualified. The Director shall receive an annual salary as set by the Governor from time to time or as set by the Compensation Review Board, whichever is greater. If set by the Governor, the Director's annual salary may not exceed 85% of the Governor's annual salary. The Director, in accord with the Personnel Code, shall employ and direct such personnel, and shall provide for such laboratory and other facilities, as may be necessary to carry out the purposes of this Act. In addition, the Director may by agreement secure such services as he or she may deem necessary from any other department, agency, or unit of the State Government, and may employ and compensate such consultants and technical assistants as may be required.

(b) The Agency shall have the duty to collect and disseminate such information, acquire such technical data, and conduct such experiments as may be required to carry out the purposes of this Act, including ascertainment of the quantity and nature of discharges from any contaminant source and data on those sources, and to operate and arrange for the operation of devices for the monitoring of environmental quality.

(c) The Agency shall have authority to conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential contaminant or noise sources, of public water supplies, and of refuse disposal sites.

(d) In accordance with constitutional limitations, the Agency shall have authority to enter at all reasonable times upon any private or public property for the purpose of:

(1) Inspecting and investigating to ascertain possible violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order; or

(2) In accordance with the provisions of this Act, taking whatever preventive or corrective action, including but not limited to removal or remedial action, that is necessary or appropriate whenever there is a release or a substantial threat of a release of (A) a hazardous substance or pesticide or (B) petroleum from an underground storage tank.

(e) The Agency shall have the duty to investigate violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order; to issue administrative citations as provided in Section 31.1 of this Act; and to take such summary enforcement action as is provided for by Section 34 of this Act.

(f) The Agency shall appear before the Board in any hearing upon a petition for variance, the denial of a permit, or the validity or effect of a rule or regulation of the Board, and shall have the authority to appear before the Board in any hearing under the Act.

(g) The Agency shall have the duty to administer, in accord with Title X of this Act, such permit and certification systems as may be established by this Act or by regulations adopted thereunder. The Agency may enter into written delegation agreements with any department, agency, or unit of State or local government under which all or portions of this duty may be delegated for public water supply storage and transport systems, sewage collection and transport systems, air pollution control sources with uncontrolled emissions of 100 tons per year or less and application of algicides to waters of the State. Such delegation agreements will require that the work to be performed thereunder will be in accordance with Agency criteria, subject to Agency review, and shall include such financial and program auditing by the Agency as may be required.

(h) The Agency shall have authority to require the submission of complete plans and specifications from any applicant for a permit required by this Act or by regulations thereunder, and to require the submission of such reports regarding actual or potential violations of this Act, any rule or regulation adopted under this Act, any permit or term or condition of a permit, or any Board order, as may be necessary for the purposes of this Act.

(i) The Agency shall have authority to make recommendations to the Board for the adoption of regulations under Title VII of the Act.

(j) The Agency shall have the duty to represent the State of Illinois in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements relating to environmental protection.

(k) The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, indirect cost reimbursements, or other funds made available to the State from any source for purposes of this Act or for air or water pollution control, public water supply, solid waste disposal, noise abatement, or other environmental protection activities, surveys, or programs. Any federal funds received by the Agency pursuant to this subsection shall be deposited in a trust fund with the State Treasurer and held and disbursed by him in accordance with Treasurer as Custodian of Funds Act, provided that such monies shall be used only for the purposes for which they are contributed and any balance remaining shall be returned to the contributor.

The Agency is authorized to promulgate such regulations and enter into such contracts as it may deem necessary for carrying out the provisions of this subsection.

(l) The Agency is hereby designated as water pollution agency for the state for all purposes of the Federal Water Pollution Control Act, as amended; as implementing agency for the State for all purposes of the Safe Drinking Water Act, Public Law 93-523, as now or hereafter amended, except Section 1425 of that Act; as air pollution agency for the state for all purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31, 1970, as amended; and as solid waste agency for the state for all purposes of the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965, and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved October 26, 1970, as amended, and amended by the Resource Conservation and Recovery Act of 1976, (P.L. 94-580) approved October 21, 1976, as amended; as noise control agency for the state for all purposes of the Noise Control Act of 1972, Public Law 92-574, approved October 27, 1972, as amended; and as implementing agency for the State for all purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as amended; and otherwise as pollution control agency for the State pursuant to federal laws integrated with the foregoing laws, for financing purposes or otherwise. The Agency is hereby authorized to take all action necessary or appropriate to secure to the State the benefits of such federal Acts, provided that the Agency shall transmit to the United States without change any standards adopted by the Pollution Control Board pursuant to Section 5(c) of this Act. This subsection (l) of Section 4 shall not be construed to bar or prohibit the Environmental Protection Trust Fund Commission from accepting, receiving, and administering on behalf of the State any grants, gifts, loans or other funds for which the Commission is eligible pursuant to the Environmental Protection Trust Fund Act. The Agency is hereby designated as the State agency for all purposes of administering the requirements of Section 313 of the federal Emergency Planning and Community Right-to-Know Act of 1986.

Any municipality, sanitary district, or other political subdivision, or any Agency of the State or interstate Agency, which makes application for loans or grants under such federal Acts shall notify the Agency of such application; the Agency may participate in proceedings under such federal Acts.

(m) The Agency shall have authority, consistent with Section 5(c) and other provisions of this Act, and for purposes of Section 303(e) of the Federal Water Pollution Control Act, as now or hereafter amended, to engage in planning processes and activities and to develop plans in cooperation with units of local government, state agencies and officers, and other appropriate persons in connection with the jurisdiction or duties of each such unit, agency, officer or person. Public hearings shall be held on the planning process, at which any person shall be permitted to appear and be heard, pursuant to procedural regulations promulgated by the Agency.

(n) In accordance with the powers conferred upon the Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall have authority to establish and enforce minimum standards for the operation of laboratories relating to analyses and laboratory tests for air pollution, water pollution, noise emissions, contaminant discharges onto land and sanitary, chemical, and mineral quality of water distributed by a public water supply. The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency.

(o) The Agency shall have the authority to issue certificates of competency to persons and laboratories meeting the minimum standards established by the Agency in accordance with Section 4(n) of this Act and to promulgate and enforce regulations relevant to the issuance and use of such certificates. The Agency may enter into formal working agreements with other departments or agencies of state government under which all or portions of this authority may be delegated to the cooperating department or agency.

(p) Except as provided in Section 17.7, the Agency shall have the duty to analyze samples as required from each public water supply to determine compliance with the contaminant levels specified by the Pollution Control Board. The maximum number of samples which the Agency shall be required to analyze for microbiological quality shall be 6 per month, but the Agency may, at its option, analyze a larger number each month for any supply. Results of sample analyses for additional required bacteriological testing, turbidity, residual chlorine and radionuclides are to be provided to the Agency in accordance with Section 19. Owners of water supplies may enter into agreements with the Agency to provide for reduced Agency participation in sample analyses.

(q) The Agency shall have the authority to provide notice to any person who may be liable pursuant to Section 22.2(f) of this Act for a release or a substantial threat of a release of a hazardous substance or pesticide. Such notice shall include the identified response action and an opportunity for such person to perform the response action.

(r) The Agency may enter into written delegation agreements with any unit of local government under which it may delegate all or portions of its inspecting, investigating and enforcement functions. Such delegation agreements shall require that work performed thereunder be in accordance with Agency criteria and subject to Agency review. Notwithstanding any other provision of law to the contrary, no unit of local government shall be liable for any injury resulting from the exercise of its authority pursuant to such a delegation agreement unless the injury is proximately caused by the willful and wanton negligence of an agent or employee of the unit of local government, and any policy of insurance coverage issued to a unit of local government may provide for the denial of liability and the nonpayment of claims based upon injuries for which the unit of local government is not liable pursuant to this subsection (r).

(s) The Agency shall have authority to take whatever preventive or corrective action is necessary or appropriate, including but not limited to expenditure of monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for removal or remedial action, whenever any hazardous substance or pesticide is released or there is a substantial threat of such a release into the environment. The State, the Director, and any State employee shall be indemnified for any damages or injury arising out of or resulting from any action taken under this subsection. The Director of the Agency is authorized to enter into such contracts and agreements as are necessary to carry out the Agency's duties under this subsection.

(t) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, for financing and construction of municipal wastewater facilities. With respect to all monies appropriated from the Build Illinois Bond Fund and the Build Illinois Purposes Fund for wastewater facility grants, the Agency shall make distributions in conformity with the rules and regulations established pursuant to the Anti-Pollution Bond Act, as now or hereafter amended.

(u) Pursuant to the Illinois Administrative Procedure Act, the Agency shall have the authority to adopt such rules as are necessary or appropriate for the Agency to implement Section 31.1 of this Act.

(v) (Blank.)

(w) Neither the State, nor the Director, nor the Board, nor any State employee shall be liable for any damages or injury arising out of or resulting from any action taken under subsection (s).

(x)(1) The Agency shall have authority to distribute grants, subject to appropriation by the General Assembly, to units of local government for financing and construction of public water supply facilities. With respect to all monies appropriated from the Build Illinois Bond Fund or the Build Illinois Purposes Fund for public water supply grants, such grants shall be made in accordance with rules promulgated by the Agency. Such rules shall include a requirement for a local match of 30% of the total project cost for projects funded through such grants.

(2) The Agency shall not terminate a grant to a unit of local government for the financing and construction of public water supply facilities unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for the termination of such grants. The Agency shall not make determinations on whether specific grant conditions are necessary to ensure the integrity of a project or on whether subagreements shall be awarded, with respect to grants for the financing and construction of public water supply facilities, unless and until the Agency adopts rules that set forth precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for making such determinations. The Agency shall not issue a stop-work order in relation to such grants unless and until the Agency adopts precise and complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for determining whether to issue a stop-work order.

(y) The Agency shall have authority to release any person from further responsibility for preventive or corrective action under this Act following successful completion of preventive or corrective action undertaken by such person upon written request by the person.

(z) The Agency, acting either individually or in cooperation with other states or government entities, may maintain or participate in a clearinghouse for information pertaining to the presence of, the hazardous traits associated with, and the potential for human and environmental health effects of (i) chemicals in consumer products and (ii) known or potential alternatives to those chemicals. Information in the clearinghouse must be publicly accessible through the Internet.

For purposes of this subsection, the term "consumer product" means any item sold for residential or commercial use, including any component parts and packaging. For purposes of this subsection, "consumer product" does not include (i) a drug or biologic regulated by the U.S. Food and Drug Administration, (ii) a food, beverage, or food or beverage additive, (iii) tobacco products, or (iv) a pesticide regulated by the U.S. Environmental Protection Agency; however, the term "consumer product" does include any container or packaging in which any of these excluded items are sold.

(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)

Section 99. Effective date. This Act takes effect upon becoming law.