103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3092

 

Introduced 2/17/2023, by Rep. Abdelnasser Rashid

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 170/5
415 ILCS 170/40 new

    Amends the PFAS Reduction Act. Provides that the Environmental Protection Agency shall contract with an existing multistate chemical data collection entity that is used by other states and jurisdictions to implement, by January 1, 2026, a publicly accessible data collection interface that manufacturers shall use to report certain data about products that contain intentionally added PFAS. Provides that the Agency may adopt rules necessary to implement these provisions. Provides that the Agency may provide technical assistance to manufacturers in complying with these provisions. Provides that, on or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS that, during the prior calendar year, is sold, offered for sale, distributed, or offered for promotional purposes in, or imported into the State shall register the PFAS or the product or product component containing intentionally added PFAS on the publicly accessible data collection interface, along with specified information. Provides that a violation of these provisions is subject to a civil penalty. Provides product exemptions for these provisions.


LRB103 30122 CPF 56546 b

 

 

A BILL FOR

 

HB3092LRB103 30122 CPF 56546 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The PFAS Reduction Act is amended by changing
5Section 5 and by adding Section 40 as follows:
 
6    (415 ILCS 170/5)
7    Sec. 5. Definitions. In this Act:
8    "Agency" means the Illinois Environmental Protection
9Agency.
10    "Class B firefighting foam" means foam designed to
11extinguish flammable liquid fires or prevent the ignition of
12flammable liquids.
13    "Fire department" means the duly authorized fire
14protection organization of a unit of local government, a
15Regional Fire Protection Agency, a fire protection district,
16or a volunteer fire department.
17    "Intentionally added perfluoroalkyl and polyfluoroalkyl
18substances" or "intentionally added PFAS" means PFAS that a
19manufacturer has intentionally added to a product, a product's
20components, or a product's ingredients and that has a
21functional or technical effect in the product, the product's
22components, or the product's ingredients. "Intentionally added
23perfluoroalkyl and polyfluoroalkyl substances" or

 

 

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1"intentionally added PFAS" also includes the PFAS components
2of intentionally added chemicals and PFAS that are intentional
3breakdown products of an added chemical that also have a
4functional or technical effect in the product, the product's
5components, or the product's ingredients.
6    "Local government" means a unit of local government or
7other special purpose district that provides firefighting
8services.
9    "Manufacturer" means a person that manufactures Class B
10firefighting foam and any agents of that person, including an
11importer, distributor, authorized servicer, factory branch, or
12distributor branch.
13    "Perfluoroalkyl substance or polyfluoroalkyl substance" or
14"PFAS" means a class of fluorinated organic chemicals
15containing at least one fully fluorinated carbon atom.
16    "Person" means any individual, partnership, association,
17public or private corporation, limited liability company, or
18any other type of legal or commercial entity, including, but
19not limited to, members, managers, partners, directors, or
20officers.
21    "Testing" means calibration testing, conformance testing,
22and fixed system testing.
23(Source: P.A. 102-290, eff. 8-6-21.)
 
24    (415 ILCS 170/40 new)
25    Sec. 40. Publicly accessible data collection program.

 

 

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1    (a) The Agency shall contract with an existing multistate
2chemical data collection entity that is used by other states
3and jurisdictions to implement, by January 1, 2026, a publicly
4accessible data collection interface that manufacturers shall
5use to report data as required by this Section. The Agency may
6enter into any necessary contracts to implement this Section.
7To the extent reasonable and feasible, the data collection
8interface shall streamline and facilitate data reporting
9required by this Section with similar data reporting required
10by other states and jurisdictions.
11    (b) The Agency may adopt any rules or regulations
12necessary to implement this Section.
13    (c) The Agency may provide technical assistance to
14manufacturers in complying with this Section.
15    (d) The Agency may use rules or regulations adopted
16pursuant to subsection (b) or technical assistance provided
17pursuant to subsection (c) to clarify the reporting
18requirements or to ensure that the data collected are not
19duplicative among the reporting entities.
20    (e) On or before July 1, 2026, and on or before July 1 of
21each year thereafter, a manufacturer of PFAS or a product or
22product component containing intentionally added PFAS that,
23during the prior calendar year, is sold, offered for sale,
24distributed, or offered for promotional purposes in, or
25imported into, the State shall register the PFAS or the
26product or product component containing intentionally added

 

 

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1PFAS on the publicly accessible data collection interface
2implemented pursuant to subsection (a), along with all of the
3following information, as applicable:
4        (1) the name and type of product or product component
5    containing intentionally added PFAS;
6        (2) the universal product code of the product or
7    product component containing intentionally added PFAS;
8        (3) the purpose or function for which the
9    intentionally added PFAS are used in the product or
10    product component;
11        (4) the identity and amount of all PFAS compounds in
12    the product or product component containing intentionally
13    added PFAS, reported as follows:
14            (A) The identity shall be reported as follows:
15                (i) the specific name and the chemical
16            abstracts service registry number of each PFAS
17            compound, if both are known;
18                (ii) the specific name or the chemical
19            abstracts service registry number if only one is
20            known; or
21                (iii) the brand name of the formulation that
22            contains PFAS and the name of the formulation
23            manufacturer, if neither the specific name nor the
24            chemical abstracts service registry number is
25            known.
26            (B) The amount or weight of PFAS shall be reported

 

 

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1        as follows:
2                (i) the amount or weight of each intentionally
3            added PFAS compound, if known; or
4                (ii) the total organic fluorine in the product
5            or product component containing intentionally
6            added PFAS, if the amount or weight of each
7            intentionally added PFAS compound is not known;
8        (5) the amount of the product or the product component
9    or the numbers of products or product components sold,
10    delivered, or imported into the State in the prior
11    calendar year; and
12        (6) the name and address of the manufacturer and the
13    name, address, and phone number of a contact person for
14    the manufacturer.
15    (f) A violation of this Section is subject to a civil
16penalty under Section 35.
17    (g) This Section does not apply to any of the following:
18        (1) a product regulated as a drug, medical device, or
19    dietary supplement by the United States Food and Drug
20    Administration;
21        (2) any medical equipment or product used in medical
22    settings that is regulated by the United States Food and
23    Drug Administration;
24        (3) a product intended for animals that is regulated
25    as animal drugs, biologics, parasiticides, medical
26    devices, and diagnostics used to treat or are administered

 

 

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1    to animals under the Federal Food, Drug, and Cosmetic Act,
2    the federal Virus-Serum-Toxin Act, or the Federal
3    Insecticide, Fungicide, and Rodenticide Act.