415 ILCS 170

in effect

415 ILCS 170/1

(415 ILCS 170/1) Sec. 1. Short title. This Act may be cited as the PFAS Reduction Act. (Source: P.A. 102-290, eff. 8-6-21.)

(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. "Cosmetics" means products that are: (1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of the human body for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; or (2) intended for use as a component of any product described in paragraph (1). "Cosmetics" includes soap. "Dental floss" means a cord or cords of thin filaments used in interdental cleaning to remove debris and dental plaque from between teeth. "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. "Intentionally added PFAS" means PFAS that are deliberately added during the manufacture of a product if the continued presence of the PFAS is desired in the final product or desired in one of the product's components to perform a specific function in the final product. "Intentionally added PFAS" does not include PFAS that are present in the product due to use of water containing PFAS if the manufacturer took no action that resulted in the PFAS being present in the water. "Intimate apparel" means garments intended to be worn under clothes, usually with direct contact with skin. "Intimate apparel" includes bras, boxers, briefs, shapewear, sleepwear, thermals, loungewear, socks, and stockings. "Juvenile product" means a product designed or marketed for use by infants and children under 12 years of age. "Juvenile product" includes a baby or toddler foam pillow, bassinet, bedside sleeper, booster seat, changing pad, child restraint system for use in a motor vehicle and aircraft, co-sleeper, crib mattress, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot, nursing pad, nursing pillow, play mat, playpen, play yard, polyurethane foam mat, pad, or pillow, portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib, stroller, and toddler mattress. "Juvenile product" does not include: (1) a children's electronic product, including a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral component, such as a mouse, keyboard, power supply unit, or power cord; (2) an adult mattress; or (3) an internal component of a product that does not come into direct contact with a child's skin or mouth during reasonably foreseeable use or abuse of the product. "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. "Menstrual product" means a product used to collect menstruation and vaginal discharge, including tampons, pads, sponges, menstruation underwear, disks, and menstrual cups, whether disposable or reusable. "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. "Product" means an item that is manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including, but not limited to, its product components, and that is sold or distributed for personal, residential, commercial, or industrial use. "Product" does not include: (1) a prosthetic or orthotic device or any item that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the United States Food and Drug Administration; (2) packaging for the items described in paragraph (1); and (3) products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act. "Testing" means calibration testing, conformance testing, and fixed system testing. (Source: P.A. 104-221, eff. 1-1-26; 104-231, eff. 8-15-25; 104-852, eff. 8-21-26.)

415 ILCS 170/7 Purpose

(415 ILCS 170/7) Sec. 7. Purpose. Nothing in this 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. (Source: P.A. 102-290, eff. 8-6-21.)

415 ILCS 170/10

(415 ILCS 170/10) Sec. 10. Class B firefighting foam; PFAS. (a) Beginning January 1, 2022, a person, local government, fire department, or State agency may not use for training or testing purposes a Class B firefighting foam containing intentionally added PFAS. However, the testing of Class B firefighting foam to which PFAS has been intentionally added may occur if the person, local government, fire department, or State agency has performed all of the following: (1) Evaluate the testing facility for containment, treatment, and disposal measures to prevent uncontrolled release of Class B firefighting foam to the environment. Appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise discharging the foam into a storm drain or sanitary sewer. (2) Comply with the notification requirements provided in Section 15. (3) Provide training to employees of the possible hazards, protective actions, and a disposal plan. (b) On and after January 1, 2025, a manufacturer of Class B firefighting foam may not knowingly manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State a Class B firefighting foam containing intentionally added PFAS. 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 this subsection 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. (c) The prohibitions of this Section do not apply to the manufacture, sale, or distribution of Class B firefighting foam where the inclusion of PFAS chemicals is required or authorized under federal law or local building or fire codes, including, but not limited to, 14 CFR 139.317, federal aviation administration guidance, and the 2016 edition of NFPA 409 Standard on Aircraft Hangars as amended, or otherwise required for a military purpose. However, if applicable federal law allows the use of alternative firefighting agents that do not contain PFAS chemicals, the restrictions under this Section shall apply. (d) The prohibitions of this Section do not apply to the use of Class B firefighting foam containing PFAS chemicals by a fire department while responding to an emergency situation. (e) On and after January 1, 2022, a manufacturer of Class B firefighting foam must provide notification to the fire department prior to the fire department's purchase of Class B firefighting foam containing PFAS clearly indicating: (1) that the product contains PFAS that may be hazardous to health or the environment; (2) the use of the product is regulated and restricted under this Act; and (3) other Class B firefighting foam options may be available for purchase. (Source: P.A. 102-290, eff. 8-6-21.)

415 ILCS 170/15 Notification

(415 ILCS 170/15) Sec. 15. Notification. (a) On and after 30 days after the effective date of this Act, a manufacturer of Class B firefighting foam that is regulated under this Act must notify, in writing, a person that sells the manufacturer's Class B firefighting foam in this State of the provisions of this Act. (b) Beginning on January 1, 2022, any person, unit of local government, fire department, or State agency that discharges or releases Class B firefighting foam that contains intentionally added PFAS chemicals must notify the Illinois Emergency Management Agency within 48 hours of the discharge or release. The notification must include: (1) the time, date, location, and estimated amount of Class B firefighting foam discharged or released into the environment; (2) the purpose or reason of the discharge or release into the environment; (3) the containment, treatment, and disposal measures to be taken or used to prevent or minimize the discharge or release of the Class B firefighting foam into the environment; and (4) the name of the person, unit of local government, fire department, or State agency, the local incident number, and the Fire Department Identification (FDID) number, if applicable. (c) The Illinois Emergency Management Agency shall, no less than annually, report any notifications specified in subsection (b) to the Office of the State Fire Marshal. (Source: P.A. 102-290, eff. 8-6-21.)

415 ILCS 170/20

(415 ILCS 170/20) (This Section may contain text from a Public Act with a delayed effective date) 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. (Source: P.A. 104-221, eff. 1-1-26.)

415 ILCS 170/25 Survey

(415 ILCS 170/25) Sec. 25. Survey. (a) On or before January 1, 2022, and on or before January 1 of each of the 5 years thereafter, the Office of the State Fire Marshal shall conduct a survey of fire departments to determine: (1) Each fire department's name, Fire Department Identification (FDID) number, if applicable, and address. (2) The amount, type, and date of manufacture and the expiration date of any Class B firefighting foam containing intentionally added PFAS chemicals that each fire department possesses. (3) How, where, and when each fire department has used Class B firefighting foam containing intentionally added PFAS chemicals within the previous 12 months, the NFIRS incident number, and, if reported to the Illinois Emergency Management Agency, the report number provided by the Illinois Emergency Management Agency. (4) How much, if any, Class B firefighting foam containing intentionally added PFAS chemicals the fire department has disposed of, and the method of disposal, during the reporting period. (b) The Office of the State Fire Marshal shall compile the results of the survey conducted under this Section and provide a report to the General Assembly no later than 90 days following the completion of the survey. (Source: P.A. 102-290, eff. 8-6-21.)

415 ILCS 170/30 Disposal

(415 ILCS 170/30) Sec. 30. Disposal. (a) Proper disposal of Class B firefighting foam containing PFAS shall not include flushing, draining, or otherwise discharging the Class B firefighting foam into a ditch, waterway, storm drain, or sanitary sewer. (b) Class B firefighting foam must be properly disposed of within 90 days of the expiration date provided by the manufacturer. (c) Beginning no later than January 1, 2023 and for a period of no less than 2 years, the Agency shall post on its website information regarding the proper methods for disposing of Class B firefighting foam containing PFAS. (Source: P.A. 102-290, eff. 8-6-21.)

415 ILCS 170/35

(415 ILCS 170/35) Sec. 35. Civil penalties. A manufacturer who violates this Act is subject to a civil penalty not to exceed $5,000 for the first violation and a civil penalty not to exceed $10,000 for each subsequent violation. Civil penalties collected under this Section must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. (Source: P.A. 102-290, eff. 8-6-21.)

415 ILCS 170/40

(415 ILCS 170/40) Sec. 40. PFAS disposal program. The Agency shall establish a take-back program for fire departments that use and store firefighting foam containing PFAS. Fire departments that participated in the most recent survey described in Section 25 shall be eligible to participate in the program, but participation in the program shall not be required. The program shall provide funding and resources to ensure the proper disposal or destruction of firefighting foam containing PFAS. The program shall continue for a period of 5 years or until the Office of the State Fire Marshal finds that no firefighting foam containing PFAS is reported in the survey described in Section 25. This program is subject to appropriation. (Source: P.A. 103-351, eff. 7-28-23.)

415 ILCS 170/45

(415 ILCS 170/45) Sec. 45. Other banned products; other civil penalties; enforcement. (a) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this State the following products if the product contains intentionally added PFAS: (1) cosmetics; (2) dental floss; (3) juvenile products; (4) menstrual products; or (5) intimate apparel. (b) Subsection (a) of this Section does not apply to: (1) a product for which federal law governs the presence in the product of a perfluoroalkyl substance or polyfluoroalkyl substance in a manner that preempts State authority; (2) used products offered for sale or resale; (3) an electronic or internal component of a product; or (4) refrigerants, foams, and aerosol propellants that are listed as acceptable, acceptable subject to use conditions, or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy Program, 40 CFR 82, Subpart G, as long as the refrigerant, foam, or aerosol propellant is sold, offered for sale, or distributed for sale for the use for which it is listed pursuant to that program, except to the extent the items described in this paragraph (4) are used in personal care products. (c) By August 1, 2027, the Agency shall submit a report to the General Assembly that includes an assessment of statutory and regulatory authority, administrative infrastructure, research capabilities, and funding necessary to develop and implement a program for the review of fluoropolymers used in consumer products and their potential threat to human health and the environment. The report shall include an assessment of available scientific data regarding fluoropolymers, as well as an assessment of other State or federal statutory or regulatory actions taken regarding fluoropolymers. The report shall also include an assessment of potential critical uses of fluoropolymers and their relation to the supply chain. In this subsection, "fluoropolymers" means fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a perfluorinated or polyfluorinated carbon-only backbone or a perfluorinated polyether. (d) A person, other than a manufacturer subject to Section 35 of this Act, who knowingly violates this Section is subject to a civil penalty not to exceed $5,000 for the first violation and a civil penalty not to exceed $10,000 for each subsequent violation. Civil penalties collected under this Section must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. (e) This Act and the civil penalties in this Act may be enforced by the Attorney General or the State's Attorney of the county where the violation occurs by bringing an action in the name of the People of the State of Illinois in a court of competent jurisdiction alleging a violation of this Act. Nothing in this Act shall be construed to limit the Attorney General or the State's Attorney of the county where the violation occurs from seeking equitable remedies or other remedies in common law, in State or federal statute, or in State or federal rules or regulations to enforce this Act or to remedy harm from any action or omission in violation of this Act or in violation of common law, State or federal statute, or State or federal rules or regulations. (Source: P.A. 104-231, eff. 8-15-25.)

415 ILCS 170/99

(415 ILCS 170/99) Sec. 99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 102-290, eff. 8-6-21.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026