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 Original 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.
Proposed law prohibits the discharge of Class B fire fighting foam that contains intentionally added
PFAS chemicals except under one of the following conditions:
(1)The discharge or use is during prior prevention or in response to an emergency fire fighting
operation.
(2)The discharge or use is during training at a facility with containment, treatment, and disposal
measures that prevent uncontrolled release of the Class B fire fighting foam into the
environment.
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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 40:1615)