Illinois General Assembly - Full Text of SB0561
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Full Text of SB0561  102nd General Assembly

SB0561sam001 102ND GENERAL ASSEMBLY

Sen. Laura Ellman

Filed: 3/12/2021

 

 


 

 


 
10200SB0561sam001LRB102 11754 CPF 23513 a

1
AMENDMENT TO SENATE BILL 561

2    AMENDMENT NO. ______. Amend Senate Bill 561 by replacing
3everything after the enacting clause with the following:
 
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 Illinois Environmental Protection
8Agency.
9    "Class B firefighting foam" means foam designed to
10extinguish flammable liquid fires or prevent the ignition of
11flammable liquids.
12    "Fire department" means the duly authorized fire
13protection organization of a unit of local government, a
14Regional Fire Protection Agency, a fire protection district,
15or a volunteer fire department.
16    "Local government" means a unit of local government or

 

 

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1other special purpose district that provides firefighting
2services.
3    "Manufacturer" means a person that manufactures Class B
4firefighting foam and any agents of that person, including an
5importer, distributor, authorized servicer, factory branch, or
6distributor branch.
7    "Perfluoroalkyl substance or polyfluoroalkyl substance" or
8"PFAS" means a class of fluorinated organic chemicals
9containing at least one fully fluorinated carbon atom.
10    "Person" means any individual, partnership, association,
11public or private corporation, limited liability company, or
12any other type of legal or commercial entity, including, but
13not limited to, members, managers, partners, directors, or
14officers.
15    "Testing" means calibration testing, conformance testing,
16and fixed system testing.
 
17    Section 7. Purpose. Nothing in this Act shall prevent or
18discourage a fire department from responding to and mitigating
19incidents where a fire, spill, or leak of a known or suspected
20flammable liquid has occurred or is believed to be imminent.
 
21    Section 10. Class B firefighting foam; PFAS.
22    (a) Beginning January 1, 2022, a person, local government,
23fire department, or State agency may not use for training or
24testing purposes a Class B firefighting foam containing

 

 

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1intentionally added PFAS. However, the testing of Class B
2firefighting foam to which PFAS has been intentionally added
3may occur if the person, local government, fire department, or
4State agency has performed all of the following:
5        (1) Evaluate the testing facility for containment,
6    treatment, and disposal measures to prevent uncontrolled
7    release of Class B firefighting foam to the environment.
8    Appropriate containment, treatment, and disposal or
9    storage measures may not include flushing, draining, or
10    otherwise discharging the foam into a storm drain or
11    sanitary sewer.
12        (2) Comply with the notification requirements provided
13    in Section 15.
14        (3) Provide training to employees of the possible
15    hazards, protective actions, and a disposal plan.
16    (b) On and after January 1, 2025, a manufacturer of Class B
17firefighting foam may not knowingly manufacture, sell, offer
18for sale, distribute for sale, or distribute for use in this
19State a Class B firefighting foam containing intentionally
20added PFAS.
21    (c) The prohibitions of this Section do not apply to the
22manufacture, sale, or distribution of Class B firefighting
23foam where the inclusion of PFAS chemicals is required or
24authorized under federal law or local building or fire codes,
25including, but not limited to, 14 CFR 139.317, federal
26aviation administration guidance, and the 2016 edition of NFPA

 

 

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1409 Standard on Aircraft Hangars as amended, or otherwise
2required for a military purpose. However, if applicable
3federal law allows the use of alternative firefighting agents
4that do not contain PFAS chemicals, the restrictions under
5this Section shall apply.
6    (d) The prohibitions of this Section do not apply to the
7use of Class B firefighting foam containing PFAS chemicals by
8a fire department while responding to an emergency situation.
9    (e) On and after January 1, 2022, a manufacturer of Class B
10firefighting foam must provide notification to the fire
11department prior to the fire department's purchase of Class B
12firefighting 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
21Act, a manufacturer of Class B firefighting foam that is
22regulated under this Act must notify, in writing, a person
23that sells the manufacturer's Class B firefighting foam in
24this State of the provisions of this Act.
25    (b) Beginning on January 1, 2022, any person, unit of

 

 

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1local government, fire department, or State agency that
2discharges or releases Class B firefighting foam that contains
3intentionally added PFAS chemicals must submit a report to the
4Agency within 48 hours of the discharge or release. The
5notification 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.
19    (c) The Agency shall, no less than annually, report any
20notifications specified in subsection (b) to the Office of the
21State Fire Marshal.
 
22    Section 20. Rules. The Agency shall adopt any rules
23necessary for the implementation and administration of this
24Act. However, no rule shall be adopted that would prevent a
25fire department from mitigating an emergency incident

 

 

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1involving a Class B flammable liquid fire, spill, or leak.
 
2    Section 25. Survey.
3    (a) On or before January 1, 2022, and annually thereafter,
4the Office of the State Fire Marshal shall conduct a survey of
5fire departments to determine:
6        (1) Each fire department's name, applicable fire
7    department identification number, and address.
8        (2) The amount, type, and date of manufacture and the
9    expiration date of any Class B firefighting foam
10    containing intentionally added PFAS chemicals that each
11    fire department possesses.
12        (3) How, where, and when each fire department has used
13    Class B firefighting foam containing intentionally added
14    PFAS chemicals within the previous 12 months, the NFIRS
15    incident number, and, if reported to the Agency, the
16    report number provided by the Agency.
17        (4) How much, if any, Class B firefighting foam
18    containing intentionally added PFAS chemicals the fire
19    department has disposed of, and the method of disposal,
20    during the reporting period.
21    (b) The Office of the State Fire Marshal shall compile the
22results of the survey conducted under this Section and provide
23a report to the General Assembly no later than 90 days
24following the completion of the survey.
25    (c) The Office of the State Fire Marshal shall assist

 

 

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1other State agencies, fire departments, and municipalities in
2avoiding purchasing or using firefighting agents containing
3PFAS chemicals that are regulated under this Act.
 
4    Section 30. Disposal.
5(a) Proper disposal of Class B firefighting foam containing
6PFAS shall not include flushing, draining, or otherwise
7discharging the Class B firefighting foam into a waterway,
8storm drain, or sanitary sewer.
9(b) Class B firefighting foam must be properly disposed of
10within 90 days of the expiration date provided by the
11manufacturer.
12(c) Beginning no later than January 1, 2023 and for a period of
13no less than 2 years, the Agency shall develop a program to
14assist fire departments in disposing of Class B firefighting
15foam containing PFAS.
 
16    Section 35. Civil penalties. A manufacturer who violates
17this Act is subject to a civil penalty not to exceed $5,000 for
18the first violation and a civil penalty not to exceed $10,000
19for each subsequent violation. Civil penalties collected under
20this Section must be deposited into the Environmental
21Protection Trust Fund to be used in accordance with the
22provisions of the Environmental Protection Trust Fund Act.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".