SB 561

Abstract

Creates the PFAS Reduction Act. Provides that, beginning January 1, 2022, 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, 2025, 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. Specifies exemptions to the Act. Provides specified notice and recall requirements for manufacturers. Specifies reporting requirements after the discharge, use, or release of class B firefighting foam containing intentionally added PFAS. Requires the Environmental Protection 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. Specifies notice requirements for a manufacturer or person who sells firefighting personal protective equipment to any person, fire department, local government, or State agency if the firefighting personal protective equipment contains intentionally added PFAS. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS. Creates the PFAS Program Fund and provides that moneys in the Fund shall be used by the Agency as provided by rules adopted by the Agency. Provides a civil penalty for a manufacturer or person who violates the Act of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Provides that nothing in the 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. Provides that specified prohibitions do not apply to the use of Class B firefighting foam containing PFAS chemicals by a fire department while responding to an emergency situation. Requires manufacturers to provide specified notice to fire departments. Removes language requiring manufacturers that produce, sell, or distribute a restricted Class B firefighting foam to recall the product and reimburse the retailer or any other purchaser for the product. Requires the Agency to annually report specified notifications to the Office of the State Fire Marshal. Provides that the Agency shall not adopt any rule that would prevent a fire department from mitigating an emergency incident involving a Class B flammable liquid fire, spill, or leak. Removes information to be included in the Office of the State Fire Marshal's survey of fire departments. Contains provisions regarding the proper disposal of Class B firefighting foam containing PFAS. Removes provisions regarding firefighting personal protective equipment, food packaging and exemptions, and the PFAS Program Fund. Removes language providing that persons who violate the Act are subject to specified civil penalties. Makes other changes. Senate Committee Amendment No. 2 Provides that specified persons and entities must notify the Illinois Emergency Management Agency (rather than submit a report to the Environmental Protection Agency) within 48 hours of a discharge or release. Provides that notifications and surveys shall only include a Fire Department Identification number if applicable. Provides that the Illinois Emergency Management Agency (rather than the Environmental Protection Agency) shall report specified notifications to the Office of the State Fire Marshal. Removes provisions requiring the Environmental Protection Agency to adopt rules for the implementation and administration of the Act. Requires the Office of the State Fire Marshal to conduct the survey of fire departments on or before January 1 of each of the 5 years (rather than annually) after January 1, 2022. Removes language requiring the Office of the State Fire Marshal to assist other State agencies, fire departments, and municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals that are regulated under the Act. Requires the Environmental Protection Agency to post on its website information regarding the proper methods for (rather than develop a program to assist fire departments in) disposing of Class B firefighting foam containing PFAS. Senate Floor Amendment No. 3 Makes changes to the bill as amended by Senate Amendment No. 1 to provide that 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 specified provisions 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.