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.
SB453 would create a new set of state law provisions governing playground surfacing materials. The bill defines playground surfacing materials and then prohibits, on or after the effective date, the installation, sale, supply, solicitation, or offering for sale in Ohio of playground surfacing materials that contain more than 90 parts per million of lead or that include PFAS chemicals intentionally added to a component to provide a desired characteristic. It also requires manufacturers, sellers, distributors, and others in the supply chain to certify compliance with these restrictions and to provide that certification to the director of environmental protection within 30 days of request.
The bill gives the Ohio EPA authority to implement and enforce the new requirements, including the ability to investigate suspected violations or ask the attorney general to bring a civil enforcement action. Violations would carry civil and administrative penalties of up to $2,500 per violation, with administrative penalties capped at $100,000 total. Any collected penalties would be deposited into the state general revenue fund. The bill also preserves local authority to adopt stricter standards, while preventing local governments from adopting weaker rules than the state minimum.
SB453 would add new sections to the Revised Code and create a statewide product-safety standard for playground surfacing materials involving lead and PFAS. It would affect manufacturers, distributors, sellers, installers, and purchasers of playground surfacing products, as well as the Ohio EPA and attorney general, by establishing certification, enforcement, and penalty provisions. The bill also expressly allows counties, municipalities, and other political subdivisions to regulate these materials more strictly, but not less strictly, than the state standard.
No committee transcript or vote record was provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the bill text alone, the measure appears to be framed as a public health and environmental protection bill aimed at reducing children’s exposure to toxic substances in playground settings.
The main policy issues likely to draw attention are the lead threshold, the PFAS prohibition, and the compliance/enforcement burden placed on industry. Potential points of contention include whether the 90 parts per million standard is appropriate, how broadly the PFAS restriction reaches products with intentionally added PFAS, and whether the certification and penalty structure is too burdensome or sufficiently protective. Local-government authority is also addressed, but the bill limits local rules only to the extent they are weaker than the state standard, which could matter to jurisdictions seeking different regulatory approaches.