Public Act 0221 104TH GENERAL ASSEMBLY

HB2409 Enrolled LRB104 11988 BDA 22082 b

Public Act 104-0221

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Deputy Chief Pete Bendinelli PFAS PPE Act.

Section 5. The PFAS Reduction Act is amended by changing Section 5 and by adding Section 20 as follows:

(415 ILCS 170/5)

Sec. 5. Definitions. In this Act, unless the context otherwise requires:

"Agency" means the Illinois Environmental Protection Agency.

"Auxiliary firefighting personal protective equipment" means personal protective equipment other than firefighting personal protective clothing, including self-contained breathing apparatuses and other respiratory protection products, hearing protection, protective communication devices, and fall protection products.

"Class B firefighting foam" means foam designed to extinguish flammable liquid fires or prevent the ignition of flammable liquids.

"Fire department" means the duly authorized fire protection organization of a unit of local government, a Regional Fire Protection Agency, a fire protection district, or a volunteer fire department.

"Firefighting personal protective clothing" means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, including jackets, pants, shoes, gloves, and helmets.

"Local government" means a unit of local government or other special purpose district that provides firefighting services.

"Manufacturer" means a person that manufactures Class B firefighting foam and any agents of that person, including an importer, distributor, authorized servicer, factory branch, or distributor branch.

"Perfluoroalkyl substance or polyfluoroalkyl substance" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Person" means any individual, partnership, association, public or private corporation, limited liability company, or any other type of legal or commercial entity, including, but not limited to, members, managers, partners, directors, or officers.

"Testing" means calibration testing, conformance testing, and fixed system testing.

(Source: P.A. 102-290, eff. 8-6-21.)

(415 ILCS 170/20 new)

Sec. 20. Notification for firefighting personal protective clothing and equipment sales; prohibitions.

(a) Beginning January 1, 2026, any person, firm, association, partnership, corporation, organization, or joint venture, including an importer or domestic distributor of firefighting agents or firefighting equipment, that sells firefighting personal protective clothing containing PFAS chemicals to any person, local government, or State agency shall provide written notice to the purchaser at the time of sale which shall state: (i) that the firefighting personal protective clothing contains PFAS chemicals; and (ii) the reason PFAS chemicals are added to the clothing. The seller and the purchaser shall retain a copy of the notice required under this subsection on file for at least 3 years from the date of the purchase, and upon the request of the Agency, the seller shall furnish the notice, or written copies, and associated sales documentation to the Agency within 60 days of such request.

(b) Beginning January 1, 2027, a person that sells firefighting personal protective clothing to any person, local government, or State agency shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any firefighting personal protective clothing containing intentionally added PFAS chemicals.

(c) Beginning January 1, 2030, a person that sells auxiliary firefighting personal protective equipment to any person, local government, or State agency shall not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any auxiliary firefighting personal protective equipment containing intentionally added PFAS chemicals.