Illinois 2023-2024 Regular Session

Illinois House Bill HB3092 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3092 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 415 ILCS 170/5415 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3092 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 415 ILCS 170/5415 ILCS 170/40 new 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 LRB103 30122 CPF 56546 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3092 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 170/5415 ILCS 170/40 new 415 ILCS 170/5 415 ILCS 170/40 new
4	4	415 ILCS 170/5
5	5	415 ILCS 170/40 new
6	6	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.
7	7	LRB103 30122 CPF 56546 b LRB103 30122 CPF 56546 b
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9	9	A BILL FOR
10	10	HB3092LRB103 30122 CPF 56546 b HB3092 LRB103 30122 CPF 56546 b
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12	12	1 AN ACT concerning safety.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The PFAS Reduction Act is amended by changing
16	16	5 Section 5 and by adding Section 40 as follows:
17	17	6 (415 ILCS 170/5)
18	18	7 Sec. 5. Definitions. In this Act:
19	19	8 "Agency" means the Illinois Environmental Protection
20	20	9 Agency.
21	21	10 "Class B firefighting foam" means foam designed to
22	22	11 extinguish flammable liquid fires or prevent the ignition of
23	23	12 flammable liquids.
24	24	13 "Fire department" means the duly authorized fire
25	25	14 protection organization of a unit of local government, a
26	26	15 Regional Fire Protection Agency, a fire protection district,
27	27	16 or a volunteer fire department.
28	28	17 "Intentionally added perfluoroalkyl and polyfluoroalkyl
29	29	18 substances" or "intentionally added PFAS" means PFAS that a
30	30	19 manufacturer has intentionally added to a product, a product's
31	31	20 components, or a product's ingredients and that has a
32	32	21 functional or technical effect in the product, the product's
33	33	22 components, or the product's ingredients. "Intentionally added
34	34	23 perfluoroalkyl and polyfluoroalkyl substances" or
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3092 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
39	39	415 ILCS 170/5415 ILCS 170/40 new 415 ILCS 170/5 415 ILCS 170/40 new
40	40	415 ILCS 170/5
41	41	415 ILCS 170/40 new
42	42	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.
43	43	LRB103 30122 CPF 56546 b LRB103 30122 CPF 56546 b
44	44	LRB103 30122 CPF 56546 b
45	45	A BILL FOR
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51	51	415 ILCS 170/5
52	52	415 ILCS 170/40 new
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71	71	1 "intentionally added PFAS" also includes the PFAS components
72	72	2 of intentionally added chemicals and PFAS that are intentional
73	73	3 breakdown products of an added chemical that also have a
74	74	4 functional or technical effect in the product, the product's
75	75	5 components, or the product's ingredients.
76	76	6 "Local government" means a unit of local government or
77	77	7 other special purpose district that provides firefighting
78	78	8 services.
79	79	9 "Manufacturer" means a person that manufactures Class B
80	80	10 firefighting foam and any agents of that person, including an
81	81	11 importer, distributor, authorized servicer, factory branch, or
82	82	12 distributor branch.
83	83	13 "Perfluoroalkyl substance or polyfluoroalkyl substance" or
84	84	14 "PFAS" means a class of fluorinated organic chemicals
85	85	15 containing at least one fully fluorinated carbon atom.
86	86	16 "Person" means any individual, partnership, association,
87	87	17 public or private corporation, limited liability company, or
88	88	18 any other type of legal or commercial entity, including, but
89	89	19 not limited to, members, managers, partners, directors, or
90	90	20 officers.
91	91	21 "Testing" means calibration testing, conformance testing,
92	92	22 and fixed system testing.
93	93	23 (Source: P.A. 102-290, eff. 8-6-21.)
94	94	24 (415 ILCS 170/40 new)
95	95	25 Sec. 40. Publicly accessible data collection program.
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106	106	1 (a) The Agency shall contract with an existing multistate
107	107	2 chemical data collection entity that is used by other states
108	108	3 and jurisdictions to implement, by January 1, 2026, a publicly
109	109	4 accessible data collection interface that manufacturers shall
110	110	5 use to report data as required by this Section. The Agency may
111	111	6 enter into any necessary contracts to implement this Section.
112	112	7 To the extent reasonable and feasible, the data collection
113	113	8 interface shall streamline and facilitate data reporting
114	114	9 required by this Section with similar data reporting required
115	115	10 by other states and jurisdictions.
116	116	11 (b) The Agency may adopt any rules or regulations
117	117	12 necessary to implement this Section.
118	118	13 (c) The Agency may provide technical assistance to
119	119	14 manufacturers in complying with this Section.
120	120	15 (d) The Agency may use rules or regulations adopted
121	121	16 pursuant to subsection (b) or technical assistance provided
122	122	17 pursuant to subsection (c) to clarify the reporting
123	123	18 requirements or to ensure that the data collected are not
124	124	19 duplicative among the reporting entities.
125	125	20 (e) On or before July 1, 2026, and on or before July 1 of
126	126	21 each year thereafter, a manufacturer of PFAS or a product or
127	127	22 product component containing intentionally added PFAS that,
128	128	23 during the prior calendar year, is sold, offered for sale,
129	129	24 distributed, or offered for promotional purposes in, or
130	130	25 imported into, the State shall register the PFAS or the
131	131	26 product or product component containing intentionally added
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142	142	1 PFAS on the publicly accessible data collection interface
143	143	2 implemented pursuant to subsection (a), along with all of the
144	144	3 following information, as applicable:
145	145	4 (1) the name and type of product or product component
146	146	5 containing intentionally added PFAS;
147	147	6 (2) the universal product code of the product or
148	148	7 product component containing intentionally added PFAS;
149	149	8 (3) the purpose or function for which the
150	150	9 intentionally added PFAS are used in the product or
151	151	10 product component;
152	152	11 (4) the identity and amount of all PFAS compounds in
153	153	12 the product or product component containing intentionally
154	154	13 added PFAS, reported as follows:
155	155	14 (A) The identity shall be reported as follows:
156	156	15 (i) the specific name and the chemical
157	157	16 abstracts service registry number of each PFAS
158	158	17 compound, if both are known;
159	159	18 (ii) the specific name or the chemical
160	160	19 abstracts service registry number if only one is
161	161	20 known; or
162	162	21 (iii) the brand name of the formulation that
163	163	22 contains PFAS and the name of the formulation
164	164	23 manufacturer, if neither the specific name nor the
165	165	24 chemical abstracts service registry number is
166	166	25 known.
167	167	26 (B) The amount or weight of PFAS shall be reported
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178	178	1 as follows:
179	179	2 (i) the amount or weight of each intentionally
180	180	3 added PFAS compound, if known; or
181	181	4 (ii) the total organic fluorine in the product
182	182	5 or product component containing intentionally
183	183	6 added PFAS, if the amount or weight of each
184	184	7 intentionally added PFAS compound is not known;
185	185	8 (5) the amount of the product or the product component
186	186	9 or the numbers of products or product components sold,
187	187	10 delivered, or imported into the State in the prior
188	188	11 calendar year; and
189	189	12 (6) the name and address of the manufacturer and the
190	190	13 name, address, and phone number of a contact person for
191	191	14 the manufacturer.
192	192	15 (f) A violation of this Section is subject to a civil
193	193	16 penalty under Section 35.
194	194	17 (g) This Section does not apply to any of the following:
195	195	18 (1) a product regulated as a drug, medical device, or
196	196	19 dietary supplement by the United States Food and Drug
197	197	20 Administration;
198	198	21 (2) any medical equipment or product used in medical
199	199	22 settings that is regulated by the United States Food and
200	200	23 Drug Administration;
201	201	24 (3) a product intended for animals that is regulated
202	202	25 as animal drugs, biologics, parasiticides, medical
203	203	26 devices, and diagnostics used to treat or are administered
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214	214	1 to animals under the Federal Food, Drug, and Cosmetic Act,
215	215	2 the federal Virus-Serum-Toxin Act, or the Federal
216	216	3 Insecticide, Fungicide, and Rodenticide Act.
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