Read the full stored bill text
sb453_00_IN
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, 3745.753, 3745.754,
3745.755, 3745.756, and 3745.757 of the Revised Code
to
prohibit the use of PFAS chemicals and lead in playground surfacing
materials.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3745.75, 3745.751, 3745.752, 3745.753, 3745.754, 3745.755,
3745.756, and 3745.757 of the Revised Code be enacted to read as
follows:
Sec.
3745.75.
As
used in sections 3745.75 to 3745.757 of the Revised Code:
(A)
"PFAS chemicals" means a class of fluorinated organic
chemicals that contain at least one fully fluorinated carbon atom,
including per- and polyfluoralkyl substances.
(B)
"Playground" means a public outdoor recreation area for
children equipped with one or more play structures.
(C)
"Playground surfacing materials" means products, materials,
or substances used or installed on the ground surface of a playground
in this state that come into direct contact with a person.
Sec.
3745.751.
On
or after the effective date of this section, a person shall not
install, supply, sell, solicit, or offer for sale in this state
playground surfacing materials that contain either of the following:
(A)
More than 90 parts per million of lead;
(B)
A component product, material, or substance to which PFAS chemicals
were previously intentionally added in the formation of that
component where the continued presence of the PFAS chemicals was
desired in the component to provide a specific characteristic.
Sec.
3745.752.
(A)
A person that manufactures, sells, offers for sale, or distributes
for use in this state playground surfacing materials shall certify in
a certificate of compliance that the playground surfacing materials
are in compliance with the requirements of section 3745.751 of the
Revised Code.
(B)
Within thirty days of a request of the director of environmental
protection, a person described in division (A) of this section shall
provide the certificate of compliance.
Sec.
3745.753.
(A)
Except as provided in division (B) of this section, sections 3745.75
to 3745.757 of the Revised Code shall not be construed as limiting
the power of a county, municipality, or other political subdivision
to adopt ordinances, rules, or regulations related to playground
surfacing materials that contain PFAS chemicals or lead.
(B)
A county, municipality, or other political subdivision shall not
adopt any ordinance, rule, or regulation related to playground
surfacing materials that contain PFAS chemicals or lead that is less
stringent than the requirements of section 3745.751 of the Revised
Code.
(C)
Sections 3745.75 to 3745.757 of the Revised Code do not affect the
authority of a county, municipality, or other political subdivision
to enact and enforce standards or requirements related to playground
surfacing materials that contain PFAS chemicals or lead that are more
stringent than the requirements of section 3745.751 of the Revised
Code.
Sec.
3745.754.
(A)
If a person is believed to have violated section 3745.751 of the
Revised Code, the director of environmental protection may do either
of the following:
(1)
Make a written request to the attorney general to bring a civil
enforcement action against the person in the court of common pleas in
the county in which the person resides;
(2)
Conduct an investigation on the matter.
(B)
Upon receipt of a written request made under division (A)(1) of this
section, the attorney general shall bring a civil enforcement action
against the person in question.
Sec.
3745.755.
Any
person found to have violated section 3745.751 of the Revised Code
pursuant to a civil enforcement action or an investigation initiated
under section 3745.754 of the Revised Code is subject to the
following penalties:
(A)
A civil penalty up to two thousand five hundred dollars for each
violation;
(B)
An administrative penalty up to two thousand five hundred dollars for
each violation, but not more than one hundred thousand dollars total.
Sec.
3745.756.
All
amounts collected under section 3745.755 of the Revised Code shall be
paid into the state treasury to the credit of the general revenue
fund.
Sec.
3745.757.
The
environmental protection agency may adopt rules as necessary to
implement and enforce sections 3745.75 to 3745.757 of the Revised
Code.