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.
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.