SB 453

As Introduced
136th General Assembly
   Regular Session  S. B. No. 453
       2025-2026
  Senator Hicks-Hudson
  To enact sections 3745.75, 3745.751, 3745.752,  1
  3745.753, 3745.754, 3745.755, 3745.756, and  2
  3745.757 of the Revised Code to prohibit the use  3
  of PFAS chemicals and lead in playground  4
  surfacing materials.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3745.75, 3745.751, 3745.752,  6
3745.753, 3745.754, 3745.755, 3745.756, and 3745.757 of the  7
Revised Code be enacted to read as follows:  8
     Sec. 3745.75. As used in sections 3745.75 to 3745.757 of  9
the Revised Code:  10
     (A) "PFAS chemicals" means a class of fluorinated organic  11
chemicals that contain at least one fully fluorinated carbon  12
atom, including per- and polyfluoralkyl substances.  13
     (B) "Playground" means a public outdoor recreation area  14
for children equipped with one or more play structures.  15
     (C) "Playground surfacing materials" means products,  16
materials, or substances used or installed on the ground surface  17
of a playground in this state that come into direct contact with  18
a person.  19
S. B. No. 453  Page 2
As Introduced
       Sec. 3745.751. On or after the effective date of this  20
section, a person shall not install, supply, sell, solicit, or  21
offer for sale in this state playground surfacing materials that  22
contain either of the following:  23
       (A) More than 90 parts per million of lead;  24
       (B) A component product, material, or substance to which  25
PFAS chemicals were previously intentionally added in the  26
formation of that component where the continued presence of the  27
PFAS chemicals was desired in the component to provide a  28
specific characteristic.  29
       Sec. 3745.752. (A) A person that manufactures, sells,  30
offers for sale, or distributes for use in this state playground  31
surfacing materials shall certify in a certificate of compliance  32
that the playground surfacing materials are in compliance with  33
the requirements of section 3745.751 of the Revised Code.  34
       (B) Within thirty days of a request of the director of  35
environmental protection, a person described in division (A) of  36
this section shall provide the certificate of compliance.  37
       Sec. 3745.753. (A) Except as provided in division (B) of  38
this section, sections 3745.75 to 3745.757 of the Revised Code  39
shall not be construed as limiting the power of a county,  40
municipality, or other political subdivision to adopt  41
ordinances, rules, or regulations related to playground  42
surfacing materials that contain PFAS chemicals or lead.  43
       (B) A county, municipality, or other political subdivision  44
shall not adopt any ordinance, rule, or regulation related to  45
playground surfacing materials that contain PFAS chemicals or  46
lead that is less stringent than the requirements of section  47
3745.751 of the Revised Code.  48
S. B. No. 453  Page 3
As Introduced
       (C) Sections 3745.75 to 3745.757 of the Revised Code do  49
not affect the authority of a county, municipality, or other  50
political subdivision to enact and enforce standards or  51
requirements related to playground surfacing materials that  52
contain PFAS chemicals or lead that are more stringent than the  53
requirements of section 3745.751 of the Revised Code.  54
       Sec. 3745.754. (A) If a person is believed to have  55
violated section 3745.751 of the Revised Code, the director of  56
environmental protection may do either of the following:  57
       (1) Make a written request to the attorney general to  58
bring a civil enforcement action against the person in the court  59
of common pleas in the county in which the person resides;  60
       (2) Conduct an investigation on the matter.  61
       (B) Upon receipt of a written request made under division  62
(A)(1) of this section, the attorney general shall bring a civil  63
enforcement action against the person in question.  64
       Sec. 3745.755. Any person found to have violated section  65
3745.751 of the Revised Code pursuant to a civil enforcement  66
action or an investigation initiated under section 3745.754 of  67
the Revised Code is subject to the following penalties:  68
       (A) A civil penalty up to two thousand five hundred  69
dollars for each violation;  70
       (B) An administrative penalty up to two thousand five  71
hundred dollars for each violation, but not more than one  72
hundred thousand dollars total.  73
       Sec. 3745.756. All amounts collected under section  74
3745.755 of the Revised Code shall be paid into the state  75
treasury to the credit of the general revenue fund.  76
S. B. No. 453  Page 4
As Introduced
       Sec. 3745.757. The environmental protection agency may  77
adopt rules as necessary to implement and enforce sections  78
3745.75 to 3745.757 of the Revised Code.  79