defend against variable declaration issue

[erwinmombay]

Description

Figure out how we can prevent #39381, #39380

the issue cropped itself up in our module build but is non an issue in our nomodule build (because of function scoping)

Look into https://eslint.org/docs/latest/rules/no-redeclare if we can use this lint rule to prevent the issue

also look into why our tests was not able to catch the issue

Reproduction Steps

re introduce this renaming bug
54c0400

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