101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3154

 

Introduced 2/6/2020, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.930 new

    Creates the PFAS Reduction Act. Provides that a person, local government, fire department, or State agency may not discharge or otherwise use for training or testing purposes a class B firefighting foam containing intentionally added PFAS. On and after January 1, 2021, prohibits the knowing manufacture, sale, offering for sale, distribution for sale, or distribution for use of a class B firefighting foam containing intentionally added PFAS. Provides specified notice and recall requirements for manufacturers. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS. Requires manufacturers of class B firefighting foam containing PFAS to register with the Environmental Protection Agency and pay to the Agency an annual registration fee of $5,000. Requires the Agency to administer and enforce the Act and to adopt rules. Requires the Office of the State Fire Marshal to conduct a survey of fire departments and to provide a report of the results of the survey to the General Assembly no later than 90 days after its completion. Creates the PFAS Program Fund as a special fund in the State treasury and makes a conforming change in the State Finance Act. Provides a civil penalty of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Environmental Protection Agency.
8    "Class B firefighting foam" means foam designed to
9extinguish flammable liquid fires.
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, or
13a volunteer fire department.
14    "Firefighting personal protective equipment" means any
15clothing, including, but not limited to, jackets, pants, shoes,
16gloves, helmets, and respiratory equipment designed, intended,
17or marketed to be worn by firefighting personnel in the
18performance of their duties.
19    "Food package" means a package or packaging component
20intended to market, protect, or handle a product intended for
21food contact or used to store food and foodstuffs for sale.
22"Food package" includes, but is not limited to, the individual
23assembled parts of a package, any interior or exterior

 

 

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1blocking, bracing, cushioning, weatherproofing, strapping,
2coating, closure, ink, or label.
3    "Local government" means a unit of local government or
4other special purpose district that provides firefighting
5services.
6    "Manufacturer" means a person that manufactures
7firefighting agents, firefighting equipment, or firefighting
8personal protective equipment and any agents of that person,
9including an importer, distributor, authorized servicer,
10factory branch, or distributor branch.
11    "Perfluoroalkyl substance or polyfluoroalkyl substance" or
12"PFAS" means a class of fluorinated organic chemicals
13containing at least one fully fluorinated carbon atom.
14    "Person" means any individual, partnership, association,
15public or private corporation, limited liability company, or
16any other type of legal or commercial entity, including, but
17not limited to, members, managers, partners, directors, or
18officers.
 
19    Section 10. Class B firefighting foam; PFAS.
20    (a) A person, local government, fire department, or State
21agency may not discharge or otherwise use for training or
22testing purposes a class B firefighting foam containing
23intentionally added PFAS.
24    (b) On and after January 1, 2021, a manufacturer of class B
25firefighting foam may not knowingly manufacture, sell, offer

 

 

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1for sale, distribute for sale, or distribute for use in this
2State a class B firefighting foam containing intentionally
3added PFAS.
4    (c) The prohibitions of this Section do not apply to the
5manufacture, sale, or distribution of class B firefighting foam
6where the inclusion of PFAS chemicals is required or authorized
7under federal law, including, but not limited to, 14 CFR
8139.317, federal aviation administration guidance, or
9otherwise required for a military purpose. However, if
10applicable federal allows the use of alternative firefighting
11agents that do not contain PFAS chemicals, the restrictions
12under this Section shall apply.
 
13    Section 15. Notification; recall; registration and
14registration fee.
15    (a) On and after 30 days after the effective date of this
16Act, a manufacturer of class B firefighting foam that is
17restricted under Section 10 must notify, in writing, a person
18that sells the manufacturer's class B firefighting foam in this
19State of the provisions of this Act.
20    (b) A manufacturer that produces, sells, or distributes a
21class B firefighting foam restricted under Section 10 shall
22recall the product and reimburse the retailer or any other
23purchaser for the product.
24    (c) A manufacturer that produces, sells, or distributes a
25class B firefighting foam restricted under Section 10 shall

 

 

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1register with the Agency and pay to the Agency an annual
2registration fee of $5,000 which shall be deposited into the
3PFAS Program Fund created under Section 40.
 
4    Section 20. Rules. The Agency shall adopt any rules
5necessary for the implementation and administration of this
6Act.
 
7    Section 25. Survey.
8    (a) On or before January 1, 2021, the Office of the State
9Fire Marshal shall conduct a survey of fire departments to
10determine:
11        (1) Each fire department's name, applicable
12    identification number, and address.
13        (2) The amount, type, and date of manufacture of any
14    class b firefighting foam containing intentionally added
15    PFAS chemicals that each fire department possesses.
16        (3) How, where, and when each fire department has used
17    class b firefighting foam containing intentionally added
18    PFAS chemicals for firefighter training.
19        (4) Whether each fire department is served by a well or
20    public drinking water source.
21        (5) Whether each fire department has used class b
22    firefighting foam containing intentionally added PFAS
23    chemicals in the previous 5 years, whether that use was
24    reported to the Agency, and if not when and where the class

 

 

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1    b firefighting foam containing intentionally added PFAS
2    chemicals was used.
3        (6) How much, if any, class b firefighting foam
4    containing intentionally added PFAS chemicals the fire
5    department has disposed of and the method of disposal.
6    (b) The Office of the State Fire Marshal shall compile the
7results of the survey conducted under this Section and provide
8a report to the General Assembly no later than 90 days
9following the completion of the survey.
 
10    Section 30. Firefighting personal protective equipment.
11    (a) On and after January 1, 2021, a manufacturer or person
12who sells firefighting personal protective equipment to any
13person, fire department, local government, or State agency must
14provide written notice to the purchaser at the time of sale if
15the firefighting personal protective equipment contains
16intentionally added PFAS chemicals. The written notice must
17include a statement that the firefighting personal protective
18equipment being sold contains intentionally added PFAS
19chemicals and the reason PFAS chemicals are added to the
20firefighting personal protective equipment.
21    (b) A manufacturer or person who sells firefighting
22personal protective equipment and the person, fire department,
23local government, or State agency purchasing firefighting
24personal protective equipment must retain the notice provided
25under subsection (a) on file for at least 3 years after the

 

 

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1date of the transaction. Upon the request of the Agency, a
2manufacturer, person, fire department, local government, or
3State agency must furnish the notice, or copies of the notice,
4and any associated sales documentation to the Agency not more
5than 60 days after the Agency's request.
 
6    Section 35. Food packaging; exemption.
7    (a) On and after January 1, 2021, no person shall knowingly
8manufacture, sell, offer for sale, distribute for sale, or
9distribute for use in this State food packaging containing
10intentionally added PFAS.
11    (b) Subsection (a) shall not apply to food packaging that
12is sold, offered for sale, or distributed for promotional
13purposes in this State by a retailer or wholesaler on or after
14January 1, 2021 if the food packaging was imported into this
15State, or otherwise purchased or acquired by the retailer or
16wholesaler for sale or distribution in this State, prior to
17January 1, 2021.
 
18    Section 40. PFAS Program Fund. The PFAS Program Fund is
19created as a special fund in the State treasury. Moneys in the
20Fund shall be used by the Agency as provided by rules adopted
21by the Agency.
 
22    Section 45. Civil penalties. A manufacturer or person who
23violates this Act is subject to a civil penalty not to exceed

 

 

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1$5,000 for the first violation and a civil penalty not to
2exceed $10,000 for each subsequent violation. Penalties
3collected under this Section must be deposited into the PFAS
4Program Fund.
 
5    Section 90. The State Finance Act is amended by adding
6Section 5.930 as follows:
 
7    (30 ILCS 105/5.930 new)
8    Sec. 5.930. The PFAS Program Fund.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.