Bill Amendment: IL SB0561 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PFAS REDUCTION
Status: 2021-08-06 - Public Act . . . . . . . . . 102-0290 [SB0561 Detail]
Download: Illinois-2021-SB0561-Senate_Amendment_001.html
Bill Title: PFAS REDUCTION
Status: 2021-08-06 - Public Act . . . . . . . . . 102-0290 [SB0561 Detail]
Download: Illinois-2021-SB0561-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 561
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2 | AMENDMENT NO. ______. Amend Senate Bill 561 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the PFAS | ||||||
5 | Reduction Act.
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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 |
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1 | other special purpose district that provides firefighting | ||||||
2 | services. | ||||||
3 | "Manufacturer" means a person that manufactures Class B | ||||||
4 | firefighting foam and any agents of that person, including an | ||||||
5 | importer, distributor, authorized servicer, factory branch, or | ||||||
6 | distributor branch. | ||||||
7 | "Perfluoroalkyl substance or polyfluoroalkyl substance" or | ||||||
8 | "PFAS" means a class of fluorinated organic chemicals | ||||||
9 | containing at least one fully fluorinated carbon atom. | ||||||
10 | "Person" means any individual, partnership, association, | ||||||
11 | public or private corporation, limited liability company, or | ||||||
12 | any other type of legal or commercial entity, including, but | ||||||
13 | not limited to, members, managers, partners, directors, or | ||||||
14 | officers. | ||||||
15 | "Testing" means calibration testing, conformance testing, | ||||||
16 | and fixed system testing.
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17 | Section 7. Purpose. Nothing in this Act shall prevent or | ||||||
18 | discourage a fire department from responding to and mitigating | ||||||
19 | incidents where a fire, spill, or leak of a known or suspected | ||||||
20 | flammable liquid has occurred or is believed to be imminent.
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21 | Section 10. Class B firefighting foam; PFAS. | ||||||
22 | (a) Beginning January 1, 2022, a person, local government, | ||||||
23 | fire department, or State agency may not use for training or | ||||||
24 | testing purposes a Class B firefighting foam containing |
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1 | intentionally added PFAS. However, the testing of Class B | ||||||
2 | firefighting foam to which PFAS has been intentionally added | ||||||
3 | may occur if the person, local government, fire department, or | ||||||
4 | State agency has performed all of the following:
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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.
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16 | (b) On and after January 1, 2025, a manufacturer of Class B | ||||||
17 | firefighting foam may not knowingly manufacture, sell, offer | ||||||
18 | for sale, distribute for sale, or distribute for use in this | ||||||
19 | State a Class B firefighting foam containing intentionally | ||||||
20 | added PFAS. | ||||||
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 |
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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:
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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.
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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 |
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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 submit a report to the | ||||||
4 | Agency within 48 hours of the discharge or release. The | ||||||
5 | 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. | ||||||
19 | (c) The Agency shall, no less than annually, report any | ||||||
20 | notifications specified in subsection (b) to the Office of the | ||||||
21 | State Fire Marshal.
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22 | Section 20. Rules. The Agency shall adopt any rules | ||||||
23 | necessary for the implementation and administration of this | ||||||
24 | Act. However, no rule shall be adopted that would prevent a | ||||||
25 | fire department from mitigating an emergency incident |
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1 | involving a Class B flammable liquid fire, spill, or leak.
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2 | Section 25. Survey. | ||||||
3 | (a) On or before January 1, 2022, and annually thereafter, | ||||||
4 | the Office of the State Fire Marshal shall conduct a survey of | ||||||
5 | fire 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 | ||||||
22 | results of the survey conducted under this Section and provide | ||||||
23 | a report to the General Assembly no later than 90 days | ||||||
24 | following the completion of the survey. | ||||||
25 | (c) The Office of the State Fire Marshal shall assist |
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1 | other State agencies, fire departments, and municipalities in | ||||||
2 | avoiding purchasing or using firefighting agents containing | ||||||
3 | PFAS chemicals that are regulated under this Act.
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4 | Section 30. Disposal. | ||||||
5 | (a) Proper disposal of Class B firefighting foam containing | ||||||
6 | PFAS shall not include flushing, draining, or otherwise | ||||||
7 | discharging the Class B firefighting foam into a waterway, | ||||||
8 | storm drain, or sanitary sewer. | ||||||
9 | (b) Class B firefighting foam must be properly disposed of | ||||||
10 | within 90 days of the expiration date provided by the | ||||||
11 | manufacturer. | ||||||
12 | (c) Beginning no later than January 1, 2023 and for a period of | ||||||
13 | no less than 2 years, the Agency shall develop a program to | ||||||
14 | assist fire departments in disposing of Class B firefighting | ||||||
15 | foam containing PFAS.
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16 | Section 35. Civil penalties. A manufacturer who violates | ||||||
17 | this Act is subject to a civil penalty not to exceed $5,000 for | ||||||
18 | the first violation and a civil penalty not to exceed $10,000 | ||||||
19 | for each subsequent violation. Civil penalties collected under | ||||||
20 | this Section must be deposited into the Environmental | ||||||
21 | Protection Trust Fund to be used in accordance with the | ||||||
22 | provisions of the Environmental Protection Trust Fund Act.
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23 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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