Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0088 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0088 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 30 ILCS 500/45-26415 ILCS 5/52.15 new Provides that the amendatory Act may be referred to as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Law. Amends the Illinois Procurement Code. In provisions regarding environmentally preferable procurement, includes products that do not contain intentionally added PFAS chemicals in the definitions of "environmentally preferable supplies" and "environmentally preferable services". Amends the Environmental Protection Act. Provides that on and after specified dates, no person shall sell, offer for sale, distribute for sale, or distribute for use in the State specified products that contain intentionally added PFAS chemicals. Provides that on and after January 1, 2025, a PFAS manufacturer of cookware sold in the State that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and comply with other specified requirements. Contains exemptions from the requirements for specified cookware. On and after January 1, 2025, prohibits manufacturers from making a claim on cookware packaging that the cookware is free of any PFAS chemical, unless no individual PFAS chemical is intentionally added to the cookware. Contains notification requirements. Contains other provisions. LRB103 04643 CPF 50348 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0088 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 30 ILCS 500/45-26415 ILCS 5/52.15 new 30 ILCS 500/45-26 415 ILCS 5/52.15 new Provides that the amendatory Act may be referred to as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Law. Amends the Illinois Procurement Code. In provisions regarding environmentally preferable procurement, includes products that do not contain intentionally added PFAS chemicals in the definitions of "environmentally preferable supplies" and "environmentally preferable services". Amends the Environmental Protection Act. Provides that on and after specified dates, no person shall sell, offer for sale, distribute for sale, or distribute for use in the State specified products that contain intentionally added PFAS chemicals. Provides that on and after January 1, 2025, a PFAS manufacturer of cookware sold in the State that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and comply with other specified requirements. Contains exemptions from the requirements for specified cookware. On and after January 1, 2025, prohibits manufacturers from making a claim on cookware packaging that the cookware is free of any PFAS chemical, unless no individual PFAS chemical is intentionally added to the cookware. Contains notification requirements. Contains other provisions. LRB103 04643 CPF 50348 b LRB103 04643 CPF 50348 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0088 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
33 30 ILCS 500/45-26415 ILCS 5/52.15 new 30 ILCS 500/45-26 415 ILCS 5/52.15 new
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55 415 ILCS 5/52.15 new
66 Provides that the amendatory Act may be referred to as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Law. Amends the Illinois Procurement Code. In provisions regarding environmentally preferable procurement, includes products that do not contain intentionally added PFAS chemicals in the definitions of "environmentally preferable supplies" and "environmentally preferable services". Amends the Environmental Protection Act. Provides that on and after specified dates, no person shall sell, offer for sale, distribute for sale, or distribute for use in the State specified products that contain intentionally added PFAS chemicals. Provides that on and after January 1, 2025, a PFAS manufacturer of cookware sold in the State that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and comply with other specified requirements. Contains exemptions from the requirements for specified cookware. On and after January 1, 2025, prohibits manufacturers from making a claim on cookware packaging that the cookware is free of any PFAS chemical, unless no individual PFAS chemical is intentionally added to the cookware. Contains notification requirements. Contains other provisions.
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. This Act may be referred to as the PFAS Consumer
1616 5 Protection Law.
1717 6 Section 5. The Illinois Procurement Code is amended by
1818 7 changing Section 45-26 as follows:
1919 8 (30 ILCS 500/45-26)
2020 9 Sec. 45-26. Environmentally preferable procurement.
2121 10 (a) Definitions. For the purposes of this Section:
2222 11 (1) "Supplies" means all personal property, including
2323 12 but not limited to equipment, materials, printing, and
2424 13 insurance, and the financing of those supplies.
2525 14 (2) "Services" means the furnishing of labor, time, or
2626 15 effort by a contractor, not involving the delivery of a
2727 16 specific end product other than reports or supplies that
2828 17 are incidental to the required performance.
2929 18 (3) "Environmentally preferable supplies" means
3030 19 supplies that are less harmful to the natural environment
3131 20 and human health than substantially similar supplies for
3232 21 the same purpose. Attributes of environmentally preferable
3333 22 supplies include, but are not limited to, the following:
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0088 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
3838 30 ILCS 500/45-26415 ILCS 5/52.15 new 30 ILCS 500/45-26 415 ILCS 5/52.15 new
3939 30 ILCS 500/45-26
4040 415 ILCS 5/52.15 new
4141 Provides that the amendatory Act may be referred to as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Law. Amends the Illinois Procurement Code. In provisions regarding environmentally preferable procurement, includes products that do not contain intentionally added PFAS chemicals in the definitions of "environmentally preferable supplies" and "environmentally preferable services". Amends the Environmental Protection Act. Provides that on and after specified dates, no person shall sell, offer for sale, distribute for sale, or distribute for use in the State specified products that contain intentionally added PFAS chemicals. Provides that on and after January 1, 2025, a PFAS manufacturer of cookware sold in the State that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of PFAS chemicals on the product label and comply with other specified requirements. Contains exemptions from the requirements for specified cookware. On and after January 1, 2025, prohibits manufacturers from making a claim on cookware packaging that the cookware is free of any PFAS chemical, unless no individual PFAS chemical is intentionally added to the cookware. Contains notification requirements. Contains other provisions.
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7070 1 (i) made of recycled materials, to the maximum
7171 2 extent feasible;
7272 3 (ii) not containing, emitting, or producing
7373 4 toxic substances, such as products that do not
7474 5 contain intentionally added PFAS chemicals as that
7575 6 term is defined in subsection (b) of Section 52.15
7676 7 of the Environmental Protection Act;
7777 8 (iii) constituted so as to minimize the
7878 9 production of waste; and
7979 10 (iv) constituted so as to conserve energy and
8080 11 water resources over the course of production,
8181 12 transport, intended use, and disposal.
8282 13 (4) "Environmentally preferable services" means
8383 14 services that are less harmful to the natural environment
8484 15 and human health than substantially similar services for
8585 16 the same purpose. Attributes of "environmentally
8686 17 preferable services" include, but are not limited to, the
8787 18 following:
8888 19 (i) use of supplies made of recycled
8989 20 materials, to the maximum extent feasible;
9090 21 (ii) use of supplies that do not contain,
9191 22 emit, or produce toxic substances, such as
9292 23 products that do not contain intentionally added
9393 24 PFAS chemicals as that term is defined in
9494 25 subsection (b) of Section 52.15 of the
9595 26 Environmental Protection Act;
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106106 1 (iii) employment of methods that minimize the
107107 2 production of waste; and
108108 3 (iv) employment of methods that conserve
109109 4 energy and water resources or use energy and water
110110 5 resources more efficiently than substantially
111111 6 similar methods.
112112 7 (b) Award of contracts for environmentally preferable
113113 8 supplies or services. Notwithstanding any rule, regulation,
114114 9 statute, order, or policy of any kind, with the exceptions of
115115 10 Sections 45-20 and 45-25 of this Code, State agencies shall
116116 11 contract for supplies and services that are environmentally
117117 12 preferable.
118118 13 If, however, contracting for an environmentally preferable
119119 14 supply or service would impose an undue economic or practical
120120 15 hardship on the contracting State agency, or if an
121121 16 environmentally preferable supply or service cannot be used to
122122 17 meet the requirements of the State agency, then the State
123123 18 agency need not contract for an environmentally preferable
124124 19 supply or service. Specifications for contracts, at the
125125 20 discretion of the contracting State agency, may include a
126126 21 price preference of up to 10% for environmentally preferable
127127 22 supplies or services.
128128 23 (Source: P.A. 96-197, eff. 1-1-10.)
129129 24 Section 10. The Environmental Protection Act is amended by
130130 25 adding Section 52.15 as follows:
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141141 1 (415 ILCS 5/52.15 new)
142142 2 Sec. 52.15. Intentionally added PFAS chemicals; PFAS
143143 3 manufacturers.
144144 4 (a) The General Assembly finds:
145145 5 (1) Contamination of the soil and water in the State
146146 6 by PFAS chemicals poses a significant threat to the
147147 7 State's environment and its residents.
148148 8 (2) A growing body of scientific research has found
149149 9 that exposure to PFAS chemicals may lead to serious and
150150 10 harmful health effects.
151151 11 (3) The full extent of the contamination of the soil
152152 12 and water in the State by PFAS is not currently known and
153153 13 additional expenditures will be required to identify and
154154 14 remediate existing PFAS contamination.
155155 15 (4) PFAS chemicals continue to be used in products
156156 16 across a variety of industries and for many different
157157 17 purposes.
158158 18 (5) PFAS chemicals are not necessary in many products
159159 19 and could be replaced with less harmful chemicals and
160160 20 technologies.
161161 21 (6) If the widespread sale and distribution of
162162 22 products that contain intentionally added PFAS chemicals
163163 23 continues in the State:
164164 24 (A) there is a larger risk of PFAS chemicals
165165 25 migrating into the natural environment;
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176176 1 (B) residents of the State will likely suffer
177177 2 adverse health effects from exposure to PFAS chemicals;
178178 3 and
179179 4 (C) the State and units of local government will
180180 5 be burdened with the testing, monitoring, and cleanup
181181 6 costs necessary to protect residents from exposure to PFAS
182182 7 chemicals.
183183 8 (7) The General Assembly, therefore, declares that it
184184 9 is imperative for the health and safety of the State's
185185 10 residents to phase out, through regulation, the sale and
186186 11 distribution of certain product categories in the State
187187 12 that contain intentionally added PFAS chemicals.
188188 13 (b) In this Section:
189189 14 "Adult mattress" means a mattress product that is not a
190190 15 crib mattress or toddler mattress.
191191 16 "Apparel" means a clothing item intended for regular wear
192192 17 or formal occasions, such as an undergarment, shirt, pants,
193193 18 skirt, dress, overall, bodysuit, costume, vest, dancewear,
194194 19 suit, sari, scarf, top, legging, school uniform, leisurewear,
195195 20 athletic wear, sport uniform, everyday swimwear, formal wear,
196196 21 onesie, bib, diaper, footwear, and everyday workwear uniform.
197197 22 "Apparel" does not include professional uniforms or outerwear
198198 23 intended for extreme conditions.
199199 24 "Carpet or rug" means a fabric product marketed or
200200 25 intended for use as a floor covering in a household or
201201 26 business.
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212212 1 "Consumer" means the end user of a product.
213213 2 "Cookware" means a durable houseware product that is used
214214 3 in residences or kitchens to prepare, dispense, or store food
215215 4 or beverages. "Cookware" includes pots, pans, skillets,
216216 5 grills, baking sheets, baking molds, trays, bowls, and cooking
217217 6 utensils.
218218 7 "Cosmetic" means a product intended to be rubbed or
219219 8 introduced into, poured, sprinkled, or sprayed on, or
220220 9 otherwise applied to the human body for cleaning, cleansing,
221221 10 beautifying, promoting attractiveness, or altering the
222222 11 appearance of the human body. "Cosmetic" includes a skin
223223 12 moisturizer, perfume, lipstick, nail polish, eye or facial
224224 13 makeup, shampoo, conditioner, permanent wave, hair dye, and
225225 14 deodorant. "Cosmetic" does not include a product that requires
226226 15 a prescription for distribution or dispensation.
227227 16 "Drilling fluid" means a fluid that is circulated into the
228228 17 borehole of a well to lubricate and cool a drill bit.
229229 18 "Fabric treatment" means a product applied to fabric to
230230 19 give the fabric one or more characteristics, such as stain
231231 20 resistance and water resistance.
232232 21 "Food packaging" means a package or packaging component
233233 22 used in direct contact with food and composed in substantial
234234 23 part of paper, paperboard, or any other material originally
235235 24 derived from plant fibers.
236236 25 "Hydraulic fracturing fluid" means a fluid, such as a base
237237 26 fluid or a fluid additive, injected into an oil or gas well to
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248248 1 perform a hydraulic fracturing operation.
249249 2 "Intentionally added PFAS chemical" means a PFAS chemical
250250 3 that a PFAS manufacturer has intentionally added to a product
251251 4 and that has a functional or technical effect on the product.
252252 5 "Intentionally added PFAS chemical" includes a chemical that
253253 6 is produced through the decomposition of a PFAS chemical that
254254 7 a PFAS manufacturer has intentionally added to a product.
255255 8 "Juvenile product" means a product designed for use by
256256 9 infants or children under 12 years of age. "Juvenile product"
257257 10 includes all of the following:
258258 11 (1) Bassinets and other bedside sleepers.
259259 12 (2) Booster seats, car seats, and other child
260260 13 restraint systems.
261261 14 (3) Changing pads.
262262 15 (4) Co-sleepers.
263263 16 (5) Crib mattresses or toddler mattresses.
264264 17 (6) Play mats, such as floor play mats.
265265 18 (7) Highchairs and highchair pads.
266266 19 (8) Infant bouncers.
267267 20 (9) Infant carriers.
268268 21 (10) Infant or toddler foam pillows.
269269 22 (11) Infant seats.
270270 23 (12) Infant sleep positioners.
271271 24 (13) Infant swings.
272272 25 (14) Infant travel beds.
273273 26 (15) Nap cots.
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284284 1 (16) Nursing pads and pillows.
285285 2 (17) Playpens.
286286 3 (18) Play yards.
287287 4 (19) Polyurethane foam mats, pads, or pillows.
288288 5 (20) Portable foam nap mats.
289289 6 (21) Portable infant sleepers and hook-on chairs.
290290 7 (22) Soft-sided portable cribs.
291291 8 (23) Strollers.
292292 9 "Juvenile product" does not include any of the following:
293293 10 (1) Electronic products, such as any of the following:
294294 11 (A) Personal computers and associated equipment.
295295 12 (B) Audio and video equipment.
296296 13 (C) Calculators.
297297 14 (D) Wireless phones.
298298 15 (E) Gaming consoles.
299299 16 (F) Handheld devices that incorporate a video
300300 17 screen.
301301 18 (G) Any peripheral device associated with an
302302 19 electronic product such as a mouse, keyboard, power
303303 20 supply unit, or power cord.
304304 21 (2) An internal component of what would otherwise
305305 22 constitute a juvenile product but that would not come into
306306 23 direct contact with a child's skin or mouth during the
307307 24 reasonably foreseeable use or abuse of the juvenile
308308 25 product by a child.
309309 26 (3) Adult mattresses.
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320320 1 "Oil and gas product" means a hydraulic fracturing fluid,
321321 2 drilling fluid, or proppant.
322322 3 "Package" means a material intended or used to contain,
323323 4 protect, handle, deliver, or present a product.
324324 5 "Packaging component" means an individual part of a
325325 6 package, such as interior or exterior blocking, bracing,
326326 7 cushioning, weatherproofing, exterior strapping, coatings,
327327 8 closures, inks, and labels.
328328 9 "PFAS chemical" means any of the perfluoroalkyl substances
329329 10 or polyfluoroalkyl substances included in the United States
330330 11 Environmental Protection Agency's expanded ToxCast chemical
331331 12 inventory.
332332 13 "PFAS manufacturer" means a person or entity who
333333 14 manufacturers or assembles a product containing PFAS chemicals
334334 15 or whose brand name is affixed to a product containing PFAS
335335 16 chemicals. If the product is imported into the United States
336336 17 and the person or entity who manufacturers or assembles the
337337 18 product or whose brand name is affixed to the product does not
338338 19 have a presence in the United States, the importer or first
339339 20 domestic distributor of the product is a "PFAS manufacturer".
340340 21 "Product" means an item that is manufactured, assembled,
341341 22 or otherwise prepared for sale or distribution to consumers
342342 23 and that is sold or distributed for personal, residential,
343343 24 commercial, or industrial use, such as for use in making
344344 25 another item. "Product" includes any component of such an
345345 26 item. "Product" does not include any of the following:
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356356 1 (1) A drug, medical device, biologic, or diagnostic
357357 2 approved or authorized by the United States Food and Drug
358358 3 Administration or the United States Department of
359359 4 Agriculture.
360360 5 (2) Veterinary pesticide products approved by the
361361 6 United States Environmental Protection Agency for use in
362362 7 animals.
363363 8 (3) A material used in the packaging of the materials
364364 9 described in paragraphs (1) and (2).
365365 10 (4) A product sold or resold before the effective date
366366 11 of this amendatory Act of the 103rd General Assembly.
367367 12 "Product category" means a class or division of products
368368 13 that share related characteristics.
369369 14 "Product component" means an identifiable component of a
370370 15 product, regardless of whether the product's PFAS manufacturer
371371 16 is the component's PFAS manufacturer.
372372 17 "Proppant" means a material inserted or injected into an
373373 18 underground geologic formation during an oil and gas operation
374374 19 to prevent a geologic fracture from closing.
375375 20 "Textile" includes leather, cotton, silk, jute, hemp,
376376 21 wool, nylon, and polyester.
377377 22 "Textile furnishing" means a textile of a type customarily
378378 23 used in households and businesses but that are not used in
379379 24 medical, professional, or industrial settings. "Textile
380380 25 furnishing" includes any drapery, floor covering, furnishing,
381381 26 bedding, towel, or tablecloth.
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392392 1 "Upholstered furniture" means an article of furniture
393393 2 designed for sitting, resting, or reclining and wholly or
394394 3 partially stuffed with a filling material.
395395 4 (c) On and after January 1, 2025, no person shall sell,
396396 5 offer for sale, distribute for sale, or distribute for use in
397397 6 the State any product in any of the following product
398398 7 categories if the product contains an intentionally added PFAS
399399 8 chemical:
400400 9 (1) Carpets or rugs.
401401 10 (2) Fabric treatments.
402402 11 (3) Food packaging.
403403 12 (4) Juvenile products.
404404 13 (5) Oil and gas products.
405405 14 (6) Apparel.
406406 15 (d) On and after January 1, 2026, no person shall sell,
407407 16 offer for sale, distribute for sale, or distribute for use in
408408 17 the State any of the following products that contain an
409409 18 intentionally added PFAS chemical:
410410 19 (1) Cosmetics.
411411 20 (2) Indoor textile furnishings.
412412 21 (3) Indoor upholstered furniture.
413413 22 (e) On and after January 1, 2027, no person shall sell,
414414 23 distribute for sale, offer for sale, or distribute for use in
415415 24 the State any of the following products that contain an
416416 25 intentionally added PFAS chemical:
417417 26 (1) Outdoor textile furnishings.
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428428 1 (2) Outdoor upholstered furniture.
429429 2 (f) On and after January 1, 2025, a PFAS manufacturer of
430430 3 cookware sold in this State that contains an intentionally
431431 4 added PFAS chemical in the handle of the cookware or in any
432432 5 surface of the cookware that comes into contact with food,
433433 6 foodstuffs, or beverages shall list the presence of PFAS
434434 7 chemicals on the cookware's product label. The PFAS
435435 8 manufacturer shall ensure that the product label is at least 2
436436 9 square inches in size and includes a statement on the product
437437 10 label in both English and Spanish that reads: "For more
438438 11 information about PFAS chemicals in this product, visit"
439439 12 followed by both of the following:
440440 13 (1) The address of a website of the PFAS manufacturer
441441 14 that provides information explaining the purpose of the
442442 15 intentionally added PFAS chemical.
443443 16 (2) A quick response (QR) code, or other
444444 17 machine-readable code, consisting of an array of squares
445445 18 and that stores information directing consumers to the
446446 19 website required under paragraph (1).
447447 20 (g) A PFAS manufacturer of cookware sold in this State
448448 21 shall ensure that the product label statement required under
449449 22 subsection (f) is legible and visible to consumers, such as on
450450 23 the PFAS manufacturer's online listing of the cookware.
451451 24 (h) Cookware is exempt from this Section if it meets all of
452452 25 the following requirements:
453453 26 (1) The surface area of the cookware is not large
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464464 1 enough for a product label that meets the requirements of
465465 2 subsection (f) to be affixed to the item.
466466 3 (2) The cookware does not have any of the following:
467467 4 (A) An exterior container or wrapper upon which a
468468 5 product label can appear or be affixed.
469469 6 (B) A tag or label to which information about the
470470 7 cookware may be attached.
471471 8 (i) On and after January 1, 2025, a PFAS manufacturer
472472 9 shall not make a claim on a package for cookware that the
473473 10 cookware is free of any intentionally added PFAS chemical
474474 11 unless the cookware contains no intentionally added PFAS
475475 12 chemical.
476476 13 (j) Cookware that contains an intentionally added PFAS
477477 14 chemical in the handle of the product or in any surface of the
478478 15 cookware that comes into contact with food, foodstuffs, or
479479 16 beverages shall not be sold, offered for sale, or distributed
480480 17 in this State unless the cookware and its PFAS manufacturer
481481 18 are in compliance with subsections (f) through (i).
482482 19 (k) A PFAS manufacturer that sells or distributes a
483483 20 product that contains intentionally added PFAS chemicals for
484484 21 use in the State shall submit a written notification to the
485485 22 Agency that includes:
486486 23 (1) the trade name of the product;
487487 24 (2) a description of the purpose that PFAS chemicals
488488 25 serve in the product;
489489 26 (3) the name and physical address of the PFAS
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500500 1 manufacturer;
501501 2 (4) the name, physical address, and phone number of a
502502 3 contact person for the PFAS manufacturer; and
503503 4 (5) any additional information required by the Agency
504504 5 by rule.
505505 6 A PFAS manufacturer who sells or distributes a product
506506 7 containing intentionally added PFAS chemicals for use in the
507507 8 State on or before December 31, 2024 shall submit the written
508508 9 notification required under this subsection no later than 30
509509 10 days before January 1, 2025.
510510 11 A PFAS manufacturer who sells or distributes a product
511511 12 containing intentionally added PFAS chemicals for use in the
512512 13 State on or after January 1, 2025 shall submit the written
513513 14 notification required under this subsection at least 30 days
514514 15 after the PFAS manufacturer sells or distributes the product.
515515 16 No later than 30 days after the Agency receives a written
516516 17 notification from a PFAS manufacturer under this subsection,
517517 18 the Agency shall publish the trade name of the product and the
518518 19 name of the PFAS manufacturer of the product on the Agency's
519519 20 website.
520520 21 If there is a subsequent change in information after being
521521 22 provided in a notification under this subsection, the PFAS
522522 23 manufacturer shall notify the Agency of the change not less
523523 24 than 30 days after the date that the PFAS manufacturer becomes
524524 25 aware of it.
525525 26 When submitting notification required under this
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536536 1 subsection, a PFAS manufacturer shall pay a fee in an amount
537537 2 established or adjusted by the Agency by rule to be used by the
538538 3 Agency for costs incurred in the administration or
539539 4 implementation of this Section. The Agency may base the fee on
540540 5 the amount of PFAS chemicals used in a product or product
541541 6 category or the amount of sales of the product or product
542542 7 category in the State.
543543 8 (l) The Agency may:
544544 9 (1) enter into an agreement with one or more states or
545545 10 political subdivisions of a state to collect notification
546546 11 required under subsection (k); and
547547 12 (2) allow PFAS manufacturers to submit notification
548548 13 required under subsection (k) to a system shared with one
549549 14 or more states or political subdivisions of a state.
550550 15 (m) The Director of the Agency may waive all or part of the
551551 16 notification requirements in subsection (k) if the Director
552552 17 determines that substantially equivalent information is
553553 18 publicly available.
554554 19 The Director may extend the deadline for a notification
555555 20 requirement under subsection (k) if the Director determines
556556 21 that a PFAS manufacturer needs more time to comply with the
557557 22 notification requirement.
558558 23 (n) Moneys from fees collected under this Section shall be
559559 24 deposited into the Environmental Protection Trust Fund.
560560 25 (o) The Agency shall propose, and the Board shall adopt,
561561 26 rules necessary to implement this Section.
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572572 1 (p) A PFAS manufacturer or person who violates this
573573 2 Section is subject to a civil penalty not to exceed $5,000 for
574574 3 a first violation and a civil penalty not to exceed $10,000 for
575575 4 a second or subsequent violation. Penalties collected under
576576 5 this Section must be deposited into the Environmental
577577 6 Protection Trust Fund to be used in accordance with the
578578 7 provisions of this Act.
579579 8 (q) The Attorney General has the authority to enforce this
580580 9 Section, conduct civil investigations, and bring a civil
581581 10 action for any violation of this Section.
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