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.