HB 2955

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Full Text of HB2955
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	HB2955 - 104th General Assembly
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		Public Act
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		HB2955 Enrolled		LRB104 03057 BDA 13075 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the PFAS
5Wastewater Citizen Protection Act.
6    Section 5. Findings; policy.
7    (a) The General Assembly finds that:
8        (1) Current scientific research suggests that exposure
9    to certain perfluoroalkyl and polyfluoroalkyl substances
10    (PFAS) may cause adverse human health impacts.
11        (2) Once released, PFAS do not naturally degrade and
12    may be difficult and costly to remove from the
13    environment.
14        (3) PFAS enter wastewater treatment plants through
15    wastewater discharges associated with consumer products,
16    industrial products, and solid waste streams, such as
17    landfill leachate.
18        (4) Wastewater agencies do not manufacture,
19    intentionally use, or sell PFAS.
20        (5) Landfills do not manufacture, intentionally use,
21    or sell PFAS.
22        (6) Wastewater treatment plants, which are generally
23    owned by wastewater agencies and funded by taxpayers and
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1    customers within a specific service area, are not designed
2    for or easily adapted to treat wastewater for PFAS.
3        (7) Wastewater agencies are incurring monitoring,
4    staff, and other costs. If wastewater agencies are
5    required to treat wastewater for PFAS in the future, that
6    treatment will come at a significant operational and
7    capital cost that taxpayers and customers must recoup.
8    (b) It is the policy of the State of Illinois that, as it
9relates to PFAS, PFAS elimination, and PFAS mitigation in
10wastewater:
11        (1) The State should follow sound science, use
12    existing source control regulatory frameworks, avoid
13    unintended negative consequences to the citizens of the
14    State, and facilitate funding to eliminate or mitigate
15    PFAS in wastewater.
16        (2) The economic impact upon wastewater agencies and
17    Illinois citizens for the costs to implement any federal
18    or State policy, rule, or regulation relating to PFAS
19    monitoring, elimination, and mitigation, including
20    requirements in permits issued to any wastewater agency,
21    should be minimized to the extent practicable.
22        (3) All stakeholders, including wastewater agencies
23    and their customers, industry, and regulators benefit from
24    increased understanding and advancements in PFAS
25    remediation and destruction technology.
26        (4) Compliance with this Act should not relieve any
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1    person of responsibility for compliance with the
2    Environmental Protection Act or any other applicable
3    federal, State, or local law.
4    Section 10. Definitions. In this Act:
5    "Agency" means the Environmental Protection Agency.
6    "Committee" means the PFAS Wastewater Citizen Protection
7Committee created under this Act.
8    "Director" means the Director of the Environmental
9Protection Agency.
10    "PFAS" means perfluoroalkyl and polyfluoroalkyl
11substances. "PFAS" includes PFAS as defined by the United
12States Environmental Protection Agency in 40 CFR 705.3 or any
13successor regulations.
14    "State" means the State of Illinois.
15    "Wastewater agencies" means municipal wastewater agencies;
16units of local government organized under the Sanitary
17District Act of 1907, North Shore Water Reclamation District
18Act, Sanitary District Act of 1917, Metropolitan Water
19Reclamation District Act, Sanitary District Act of 1936,
20Metro-East Sanitary District Act of 1974, or Eastern Will
21Sanitary District Act; and public utilities that provide water
22and wastewater service in Illinois.
23    Section 15. PFAS Wastewater Citizen Protection Committee.
24    (a) The PFAS Wastewater Citizen Protection Committee is
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1created within the Agency for the purposes of:
2        (1) monitoring developments and reviewing data related
3    to PFAS, PFAS regulation, and PFAS elimination and
4    mitigation technology for wastewater treatment systems;
5        (2) determining how to best implement the findings and
6    policy in Section 5 of this Act, including in relation to
7    federal statutes and regulations;
8        (3) determining the range of options to mitigate the
9    presence of PFAS, including, if necessary, costs to
10    install treatment technology to reduce PFAS in wastewater
11    treatment systems and costs for PFAS sampling, analysis,
12    research, monitoring, and record keeping;
13        (4) determining how to offset the costs to wastewater
14    agencies needed to install PFAS elimination and mitigation
15    technology in wastewater treatment systems by identifying
16    all potential sources of funding, including indirect
17    discharge fees, State and federal funding, and
18    manufacturers and commercial and industrial users of PFAS;
19        (5) making recommendations regarding policies,
20    including legislation and rulemaking, necessary to
21    implement the findings and policy in Section 5 of this
22    Act; and
23        (6) making recommendations regarding the funding of
24    elimination and mitigation technology for wastewater
25    treatment systems and recovering taxpayer and customer
26    costs for PFAS.
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1    (b) No later than one year after the effective date of this
2Act, the Committee shall issue a report containing a PFAS
3Action Plan based on the purposes stated in subsection (a) of
4this Section. The report shall be submitted to the Governor's
5Office, the General Assembly, and the Agency.
6    (c) The Committee shall monitor the status of and, if
7necessary, advocate for the execution of the PFAS Action Plan
8submitted with its report under subsection (b) of this
9Section.
10    (d) The Committee shall continue to periodically meet
11after submittal of the PFAS Action Plan under subsection (b)
12of this Section. The Committee shall annually update the PFAS
13Action Plan, and shall submit a report annually to the
14Governor's Office, the General Assembly, and the Agency with
15any updates to the PFAS Action Plan and a summary of:
16        (1) the latest developments in related science and
17    technology, as well as the latest developments in
18    approaches to PFAS elimination and mitigation in
19    wastewater;
20        (2) any updated policy recommendations the Committee
21    feels necessary to implement the findings and policy in
22    Section 5 of this Act;
23        (3) any cost updates for addressing any policy
24    recommendations the Committee feels necessary to implement
25    the findings and policy in Section 5 of this Act; and
26        (4) any updated developments or recommendations
		HB2955 Enrolled	- 6 -	LRB104 03057 BDA 13075 b
1    regarding the identification of potential sources of
2    funding to offset the costs to wastewater agencies.
3    Section 20. Committee membership. The Committee shall be
4composed of the following members:
5        (1) the Governor or the Governor's designee, who shall
6    serve as chairperson;
7        (2) the Director or the Director's designee;
8        (3) one member appointed by the President of the
9    Senate;
10        (4) one member appointed by the Minority Leader of the
11    Senate;
12        (5) one member appointed by the Speaker of the House
13    of Representatives;
14        (6) one member appointed by the Minority Leader of the
15    House of Representatives; and
16        (7) the following members appointed by the Director:
17            (A) 2 members who are representatives of a
18        wastewater agency with a service population of 25,000
19        or less;
20            (B) 2 members who are representatives of a
21        wastewater agency with a service population of more
22        than 25,000 but less than or equal to 125,000;
23            (C) 2 members who are representatives of a
24        wastewater agency with a service population of more
25        than 125,000;
		HB2955 Enrolled	- 7 -	LRB104 03057 BDA 13075 b
1            (D) one member who is a representative of a
2        statewide organization representing wastewater
3        agencies;
4            (E) one member who is a representative of a
5        statewide organization representing publicly owned
6        drinking water agencies;
7            (F) one member who is a researcher from a
8        university in the Great Lakes region who specializes
9        in PFAS;
10            (G) one member who is a representative of a public
11        utility that provides water and wastewater services in
12        Illinois;
13            (H) one member who is a representative of a
14        statewide organization representing the solid waste
15        and recycling industry; and
16            (I) one member who is a representative of a
17        statewide organization representing the manufacturing
18        industry.
19    Appointments to the Committee shall be made within 30 days
20after the effective date of this Act. The Committee shall meet
21at the call of the chairperson. Committee members shall serve
22without compensation. If a vacancy occurs in the Committee
23membership, the vacancy shall be filled in the same manner as
24the original appointment for the remainder of the Committee.
25    Section 25. Committee technical assistance. The Prairie
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1Research Institute's Illinois Sustainable Technology Center
2shall provide technical assistance to the Committee.
3    Section 85. Applicable federal, State, and local laws.
4Compliance with this Act does not relieve any person of
5responsibility for compliance with the Environmental
6Protection Act or any other applicable federal, State, or
7local law.
8    Section 90. Repeal. This Act is repealed on December 31,
92044.
10    Section 99. Effective date. This Act takes effect upon
11becoming law.