Illinois 102nd Regular Session Status: Enacted 5 D cosponsors

SB 561 — PFAS REDUCTION

Last action — Public Act . . . . . . . . . 102-0290

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2021. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    2 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the PFAS Reduction Act. Provides that, beginning January 1, 2022, a person, local government, fire department, or State agency may not discharge or otherwise use for training or testing purposes a class B firefighting foam containing intentionally added PFAS. On and after January 1, 2025, prohibits the knowing manufacture, sale, offering for sale, distribution for sale, or distribution for use of a class B firefighting foam containing intentionally added PFAS. Specifies exemptions to the Act. Provides specified notice and recall requirements for manufacturers. Specifies reporting requirements after the discharge, use, or release of class B firefighting foam containing intentionally added PFAS. Requires the Environmental Protection Agency to administer and enforce the Act and to adopt rules. Requires the Office of the State Fire Marshal to conduct a survey of fire departments and to provide a report of the results of the survey to the General Assembly no later than 90 days after its completion. Specifies notice requirements for a manufacturer or person who sells firefighting personal protective equipment to any person, fire department, local government, or State agency if the firefighting personal protective equipment contains intentionally added PFAS. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS. Creates the PFAS Program Fund and provides that moneys in the Fund shall be used by the Agency as provided by rules adopted by the Agency. Provides a civil penalty for a manufacturer or person who violates the Act of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Provides that nothing in the 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. Provides that specified prohibitions do not apply to the use of Class B firefighting foam containing PFAS chemicals by a fire department while responding to an emergency situation. Requires manufacturers to provide specified notice to fire departments. Removes language requiring manufacturers that produce, sell, or distribute a restricted Class B firefighting foam to recall the product and reimburse the retailer or any other purchaser for the product. Requires the Agency to annually report specified notifications to the Office of the State Fire Marshal. Provides that the Agency shall not adopt any rule that would prevent a fire department from mitigating an emergency incident involving a Class B flammable liquid fire, spill, or leak. Removes information to be included in the Office of the State Fire Marshal's survey of fire departments. Contains provisions regarding the proper disposal of Class B firefighting foam containing PFAS. Removes provisions regarding firefighting personal protective equipment, food packaging and exemptions, and the PFAS Program Fund. Removes language providing that persons who violate the Act are subject to specified civil penalties. Makes other changes. Senate Committee Amendment No. 2 Provides that specified persons and entities must notify the Illinois Emergency Management Agency (rather than submit a report to the Environmental Protection Agency) within 48 hours of a discharge or release. Provides that notifications and surveys shall only include a Fire Department Identification number if applicable. Provides that the Illinois Emergency Management Agency (rather than the Environmental Protection Agency) shall report specified notifications to the Office of the State Fire Marshal. Removes provisions requiring the Environmental Protection Agency to adopt rules for the implementation and administration of the Act. Requires the Office of the State Fire Marshal to conduct the survey of fire departments on or before January 1 of each of the 5 years (rather than annually) after January 1, 2022. Removes language requiring the Office of the State Fire Marshal to assist other State agencies, fire departments, and municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals that are regulated under the Act. Requires the Environmental Protection Agency to post on its website information regarding the proper methods for (rather than develop a program to assist fire departments in) disposing of Class B firefighting foam containing PFAS. Senate Floor Amendment No. 3 Makes changes to the bill as amended by Senate Amendment No. 1 to provide that 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 specified provisions 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.

Bill Text

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 102-0290

  2. Effective Date August 6, 2021

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Consent Calendar - Passed 116-000-000

  7. Third Reading - Consent Calendar - First Day

  8. Placed on Calendar Order of 3rd Reading - Consent Calendar

  9. Held on Calendar Order of Second Reading - Consent Calendar

  10. Second Reading - Consent Calendar

  11. Placed on Calendar 2nd Reading - Consent Calendar

  12. Do Pass / Consent Calendar Police & Fire Committee; 014-000-000

  13. Added as Co-Sponsor Sen. Laura M. Murphy

  14. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  15. Assigned to Police & Fire Committee

  16. Referred to Rules Committee

  17. First Reading

  18. Chief House Sponsor Rep. Anna Moeller

  19. Arrived in House

  20. Third Reading - Passed; 058-000-000

  21. Senate Floor Amendment No. 3 Adopted; Ellman

  22. Recalled to Second Reading

  23. Senate Floor Amendment No. 3 Recommend Do Adopt Environment and Conservation; 009-000-000

  24. Added as Co-Sponsor Sen. Suzy Glowiak Hilton

  25. Placed on Calendar Order of 3rd Reading April 21, 2021

  26. Second Reading

  27. Senate Floor Amendment No. 3 Assignments Refers to Environment and Conservation

  28. Senate Floor Amendment No. 3 Referred to Assignments

  29. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Laura Ellman

  30. Placed on Calendar Order of 2nd Reading April 20, 2021

  31. Do Pass as Amended Environment and Conservation; 010-000-000

  32. Senate Committee Amendment No. 2 Adopted

  33. Senate Committee Amendment No. 1 Adopted

  34. Senate Committee Amendment No. 2 Assignments Refers to Environment and Conservation

  35. Senate Committee Amendment No. 2 Referred to Assignments

  36. Senate Committee Amendment No. 2 Filed with Secretary by Sen. Laura Ellman

  37. Postponed - Environment and Conservation

  38. Senate Committee Amendment No. 1 Postponed - Environment and Conservation

  39. Added as Chief Co-Sponsor Sen. Melinda Bush

  40. Senate Committee Amendment No. 1 Assignments Refers to Environment and Conservation

  41. Senate Committee Amendment No. 1 Referred to Assignments

  42. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Ellman

  43. Assigned to Environment and Conservation

  44. Referred to Assignments

  45. First Reading

  46. Filed with Secretary by Sen. Laura Ellman

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 177 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 26000
Unaffiliated 18001
Republican 14000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Gillespie — Yea
Harris — Yea
Bailey — Yea
Bennett — Yea
Johnson — Yea
Stewart — Yea
Bush — Yea
Stoller — Yea
Landek — Yea
Connor — Yea
Crowe — Yea
Cullerton, T. — Yea
Muñoz — Yea
Pacione-Zayas — Yea
Barickman — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Simmons, Mike — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 561 do?
Creates the PFAS Reduction Act. Provides that, beginning January 1, 2022, a person, local government, fire department, or State agency may not discharge or otherwise use for training or testing purposes a class B firefighting foam containing intentionally added PFAS. On and after January 1, 2025, prohibits the knowing manufacture, sale, offering for sale, distribution for sale, or distribution for use of a class B firefighting foam containing intentionally added PFAS. Specifies exemptions to the Act. Provides specified notice and recall requirements for manufacturers. Specifies reporting requirements after the discharge, use, or release of class B firefighting foam containing intentionally added PFAS. Requires the Environmental Protection Agency to administer and enforce the Act and to adopt rules. Requires the Office of the State Fire Marshal to conduct a survey of fire departments and to provide a report of the results of the survey to the General Assembly no later than 90 days after its completion. Specifies notice requirements for a manufacturer or person who sells firefighting personal protective equipment to any person, fire department, local government, or State agency if the firefighting personal protective equipment contains intentionally added PFAS. Contains a prohibition and exemption for the manufacture, sale, offering for sale, or distribution for sale of food packaging containing intentionally added PFAS. Creates the PFAS Program Fund and provides that moneys in the Fund shall be used by the Agency as provided by rules adopted by the Agency. Provides a civil penalty for a manufacturer or person who violates the Act of $5,000 for the first violation of the Act and $10,000 for each subsequent violation. Provides that civil penalties collected must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act. Contains other provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Provides that nothing in the 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. Provides that specified prohibitions do not apply to the use of Class B firefighting foam containing PFAS chemicals by a fire department while responding to an emergency situation. Requires manufacturers to provide specified notice to fire departments. Removes language requiring manufacturers that produce, sell, or distribute a restricted Class B firefighting foam to recall the product and reimburse the retailer or any other purchaser for the product. Requires the Agency to annually report specified notifications to the Office of the State Fire Marshal. Provides that the Agency shall not adopt any rule that would prevent a fire department from mitigating an emergency incident involving a Class B flammable liquid fire, spill, or leak. Removes information to be included in the Office of the State Fire Marshal's survey of fire departments. Contains provisions regarding the proper disposal of Class B firefighting foam containing PFAS. Removes provisions regarding firefighting personal protective equipment, food packaging and exemptions, and the PFAS Program Fund. Removes language providing that persons who violate the Act are subject to specified civil penalties. Makes other changes. Senate Committee Amendment No. 2 Provides that specified persons and entities must notify the Illinois Emergency Management Agency (rather than submit a report to the Environmental Protection Agency) within 48 hours of a discharge or release. Provides that notifications and surveys shall only include a Fire Department Identification number if applicable. Provides that the Illinois Emergency Management Agency (rather than the Environmental Protection Agency) shall report specified notifications to the Office of the State Fire Marshal. Removes provisions requiring the Environmental Protection Agency to adopt rules for the implementation and administration of the Act. Requires the Office of the State Fire Marshal to conduct the survey of fire departments on or before January 1 of each of the 5 years (rather than annually) after January 1, 2022. Removes language requiring the Office of the State Fire Marshal to assist other State agencies, fire departments, and municipalities in avoiding purchasing or using firefighting agents containing PFAS chemicals that are regulated under the Act. Requires the Environmental Protection Agency to post on its website information regarding the proper methods for (rather than develop a program to assist fire departments in) disposing of Class B firefighting foam containing PFAS. Senate Floor Amendment No. 3 Makes changes to the bill as amended by Senate Amendment No. 1 to provide that 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 specified provisions 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.
Who sponsors SB 561?
SB 561 is sponsored by Laura Ellman (Democrat), Melinda Bush, Laura M. Murphy (Democrat), Anna Moeller (Democrat), Suzy Glowiak Hilton (Democrat), and Lakesia Collins (Democrat).
What is the current status of SB 561?
This bill has been enacted into law. Introduced February 23, 2021. Enacted.
Where can I track SB 561?
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