HLS 21RS-536 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 389
BY REPRESENTATIVE HORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FIRE PROTECT/FIRE MARSHAL: Provides relative to the discharge or use of Class B
fire fighting foam containing fluorinated organic chemicals
1 AN ACT
2To enact R.S. 40:1615, relative to fire fighting foam; to provide for the discharge of Class
3 B fire fighting foam containing fluorinated organic chemicals; to provide for
4 exceptions; to provide for definitions; to provide for applicability; to provide for an
5 effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:1615 is hereby enacted to read as follows:
8 ยง1615. Class B fire fighting foam containing fluorinated organic chemicals
9 A. As used in this Part, the following terms have the meaning ascribed to
10 them in this Section, unless the context clearly indicates otherwise:
11 (1) "Class B fire fighting foam" means any foam designed to extinguish
12 flammable liquid fires.
13 (2) "Person" means an individual, association, joint venture, partnership,
14 corporation, limited liability company, political subdivision, municipality, or public
15 or private organization of any character, including any agency, department, board,
16 bureau, office, commission, district, corporation, and quasi-public corporation of the
17 federal, state, municipal, or local government.
18 (3) "PFAS chemicals" means a class of fluorinated organic chemicals
19 containing at least one fully fluorinated carbon atom, including perfluoroalkyl and
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HB NO. 389
1 polyfluoroalkyl substances, and designed to be fully functional in Class B fire
2 fighting foam formulations.
3 (4) "Testing" means calibration testing, conformance testing, or fixed system
4 testing.
5 B. On and after January 1, 2022, no person shall discharge or otherwise use
6 Class B fire fighting foam that contains intentionally added PFAS chemicals unless
7 such discharge or other use occurs in fire prevention or in response to an emergency
8 fire fighting operation.
9 C. Nothing in this Section shall be construed to do any of the following:
10 (1) Restrict the manufacture, sale, or distribution of Class B fire fighting
11 foam that contains intentionally added PFAS chemicals or restrict the discharge or
12 other use of Class B fire fighting foam in response to an emergency fire fighting
13 operation.
14 (2) Prevent the use of nonfluorinated foams, including other Class B fire
15 fighting foams, for the purposes of training or testing for fire fighting operations at
16 a facility that has implemented containment, treatment, and disposal measures to
17 prevent the uncontrolled releases of such fire fighting foam into the environment.
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19signed by the governor, upon expiration of the time for bills to become law without signature
20by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21vetoed by the governor and subsequently approved by the legislature, this Act shall become
22effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 389 Reengrossed 2021 Regular Session Horton
Abstract: Prohibits the use of Class B fire fighting foam that contains certain fluorinated
organic chemicals except in certain circumstances after Jan. 1, 2022.
Proposed law defines the following terms: Class B fire fighting foam, person, PFAS
chemicals, and testing.
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HB NO. 389
Proposed law prohibits the discharge of Class B fire fighting foam that contains intentionally
added PFAS chemicals unless discharged or used during fire prevention or in response to an
emergency fire fighting operation.
Proposed law shall not be construed to restrict the manufacture, sale, or distribution of such
Class B fire fighting foam or restrict the discharge or use of such foam in response to an
emergency fire fighting operation.
Proposed law shall not be construed to prevent the use of nonfluorinated foams, including
other Class B fire fighting foams, to train or test for fire fighting operations at a facility with
containment, treatment, and disposal measures to prevent the uncontrolled release of Class
B foam into the environment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1615)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove an exception allowing discharge of Class B fire fighting foam if used
in training or testing at a facility with containment, treatment, and disposal
measures which prevent the uncontrolled release of the foam into the
environment.
2. Add to the provision stating that nonflourinated foam, including other Class B
fire fighting foam, is allowed to be used in training or testing to include that such
testing is allowed when at a facility with containment, treatment, and disposal
measures which prevent the uncontrolled release of the foam into the
environment.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.