2/25/25
The House Judiciary Committee (HJC) introduced a committee substitute for CS/HB 212 HENRC (CS/CS/HB 212 HJC) that enacts the Per- and Poly-Fluoroalkyl Substances Protection Act. It provides definitions for terms used in the bill. The twenty-three definitions range from board to upholstered furniture with the definition of juvenile products having exceptions for video, cell phones, gaming and personal computer devices and parts.
 CS/CS/HB 212 HJC provides seventeen exemptions ranging from specifics such as veterinary products and semiconductors to recognition of federal preemption, and products that contain intentionally added per- or poly fluoroalkyl currently listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits in the federal Environmental Protection Agency's (EPA) rules under the Significant New Alternatives Policy Program but not for ozone-depleting substances. The exceptions include products for which the EIB has adopted rules that the use of the substance is currently an unavoidable use for certain products and for products approved for sale by the EIB which require participation in a stewardship program. If the EIB establishes a stewardship program, it will adopt rules for the program including rules to establish what criteria manufacturers, other entities or organizations must meet to qualify for the program and consider the statewide collection systems that provide access to the public for the drop-off of these products.
CS/CS/HB 212 HJC establishes a schedule to phase out the purchase of certain products that contains an intentionally added per- or poly-fluoroalkyl substance beginning on 1 January 2027 with a prohibition on state purchases of these products. On the same date, CS/CS/HB 212 HJC prohibits a manufacturer from selling, offering for sale or distributing for sale in NM, directly or indirectly or through intermediaries, products such as cookware, food packaging, dental floss, juvenile products and firefighting foam. On 1 January 2028, it bans nine additional products with intentionally added per-or poly-fluoroalkyl substance ranging from carpets or rugs to feminine hygiene products to upholstered furniture.
CS/CS/HB 212 HJC allows the EIB to prohibit the sale of other such products, by category or use, if it finds that a prohibition on the product is necessary to protect human health or the environment. It requires a six-month minimum time between adoption and implementation of such a prohibition with no final rule adoption earlier than 1 January 2027. It directs the EIB to give priority to prohibiting these chemical substances that are most likely to harm human health or contaminate the environment.
After 1 January 2029, CS/CS/HB 212 HJC prohibits the sale of any product with intentionally added per-or poly-fluoroalkyl substance unless the EIB adopts rules to designate the use of these substances in a product is an unavoidable use. It does not extend discretion to the EIB to make exceptions for the specific products listed in subsection C or D under this exemption. It requires the NMED to consult with the Department of Agriculture before petitioning the EIB concerning the regulation or prohibition of certain commonly used agricultural products such as pesticides and fertilizers with recognition of federal preemption under the federal Insecticide, Fungicide, and Rodenticide Act. 
CS/CS/HB 212 HJC directs the EIB to establish rules including ranges for the amount of these chemicals that trigger reporting requirements and identification of currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in this Act. It establishes a periodic inventory of stored or used firefighting foam in the state; limits its use to emergency purposes which it defines; and requires clean up pursuant to the Hazardous Waste Act (Section 74-4-1 et seq NMSA 1978). CS/CS/HB 212 HJC authorizes the EIB to adopt other rules to carry out the purposes of this Act including requiring labeling of these products in Spanish and English and to consider determinations made by other states concerning unavoidable use of these products.
CS/CS/HB 212 HJC requires the EIB to adopt rules to enumerate necessary and required information the manufacturer on or after 1 January 2027 must disclose under the Act including detailed scientific/registry requirements. CS/CS/HB 212 HJC obliges a manufacturer to submit the information required to the NMED, for additional information if the NMED requests it, and to change the information when product revisions are made. It allows a manufacturer to provide information by category or type of product or product component and to rely on already publicly available information with an NMED waiver. The NMED may also grant such waivers to a manufacturer or group of manufacturers for multiple products or a product category.  CS/CS/HB 212 HJC allows the NMED to extend deadlines for receiving information from manufacturers under certain circumstances. It grants permission to the state to enter into information-sharing agreements with other political subdivisions of the state and may accept information from this shared system as meeting the information requirements. The manufacturer must submit any significant revisions to the product to the EIB or any additional information requested by the NMED within thirty days of the product change or NMED request.  It exempts products listed in Subsection A of Section 3 of this Act from these provisions.
CS/CS/HB 212 HJC authorizes the NMED to require testing of a product under certain circumstances. It may prohibit sales or distribution of these products on or after 1 January 2028, if testing shows the presence of these chemicals and the manufacturer has not provided the necessary information to the NMED. Depending on the presence of intentionally added per- or poly-fluoroalkyl substance, the manufacturer must obtain a certificate of compliance for that product or the NMED may notify the person that the product is prohibited in the state and requires certain notices to that manufacturer’s distributors or points of sale. The manufacturer will provide a list with names and addresses of those notified, and the NMED may notify sellers or distributors of the prohibition on that product that it is prohibited within the state. The manufacturer will provide the information required under the Per- and Poly-Fluoroalkyl Substances Protection Act when the product contains a prohibited per- and poly-fluoroalkyl substances.  The provisions do not apply to medical devices.
CS/CS/HB 212 HJC establishes a civil penalty not to exceed fifteen thousand dollars ($15,000) for each day during which any portion of a violation of the Act or a rule adopted under the Act occurs; the NMED may assess the violator administrative costs for enforcement of the act. It establishes a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance under a court order. The penalties under the Per- and Poly-Fluoroalkyl Substances Protection Act are independent of any other damages, costs or nonmonetary remedies.
CS/CS/HB 212 HJC specifies that the attorney general represents the NMED and any municipality in an enforcement action in court or the department or municipality may represent itself. The district attorney within whose district the county lies represents the county in such an enforcement action. 
CS/CS/HB 212 HJC directs the penalties collected under the Act will be deposited to the Recycling and Illegal Dumping Fund.

2/10/25
The House Energy, Environment and Natural Resources Committee (HENRC) introduced a committee substitute for HB 212 (CS/HB 212 HENRC) that enacts the Per- and Poly-Fluoroalkyl Substances Protection Act. It provides definitions for terms used in the bill. The twenty-four definitions range from adult mattress to upholstered furniture. 
CS/HB 212 HENRC provides thirteen exemptions ranging from specifics such as veterinary products and semiconductors to recognition of federal preemption, adoption of EIB rules that the use of the substance is currently an unavoidable use for certain products, and products approved for sale by the EIB which require participation in a stewardship program. If the EIB establishes a stewardship program, it will adopt rules for the program including rules to establish what criteria manufacturers, other entities or organizations must meet to qualify for the program.
CS/HB 212 HENRC establishes a schedule to phase out the purchase of certain products that contains an intentionally added per- or poly-fluoroalkyl substance beginning on 1 January 2027 with a prohibition on state purchases of these products. On the same date, CS/HB 212 HENRC prohibits a manufacturer from selling, offering for sale or distributing for sale in NM, directly or indirectly or through intermediaries, products such as cookware, food packaging, dental floss, juvenile products and firefighting foam. On 1 January 2028, it bans nine additional products with intentionally added per-or poly-fluoroalkyl substance ranging from carpets or rugs to feminine hygiene products to upholstered furniture. 
CS/HB 212 HENRC allows the EIB to prohibit the sale of other such products if it finds that a prohibition on the product is necessary to protect human health or the environment. It requires a six-month minimum time between adoption and implementation of such a prohibition with no final rule adoption earlier than 1 January 2027. 
After 1 January 2029, CS/HB 212 HENRC prohibits the sale of any product with intentionally added per-or poly-fluoroalkyl substance unless the EIB adopts rules to designate the use of these substances in a product is an unavoidable use. It does not extend discretion to the EIB to make exceptions for the specific products listed in subsection C or D under this exemption. It requires the EMNRD to consult with the Department of Agriculture before petitioning the EIB concerning the regulation or prohibition of certain commonly used agricultural products such as pesticides and fertilizers.
CS/HB 212 HENRC directs the EIB to establish rules including ones to identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available and reporting requirements if chemical readings are within EIB established ranges. It establishes a periodic inventory of stored or used firefighting foam in the state and limits its use to emergency purposes which it defines. CS/HB 212 HENRC authorizes the EIB to consider determinations made by other states concerning unavoidable use of these products.
It requires the EIB to adopt rules to enumerate necessary and required information the manufacturer must disclose under the Act including detailed scientific/registry requirements. CS/HB 212 HENRC establishes timelines for a manufacturer to submit the information required to the EMNRD, for additional information if the EMNRD requests it, and to change the information when product revisions are made. It allows a manufacturer to provide information by category or type of product or product component and to rely on already publicly available information with an EMNRD waiver. The EMNRD may also grant such waivers to a manufacturer or group of manufacturers for multiple products or a product category. CS/HB 212 HENRC allows the EMNRD to extend deadlines for receiving information from manufacturers under certain circumstances. It grants permission to the state to enter into information-sharing agreements with other political subdivisions of the state and may accept information from this shared system as meeting the information requirements.
CS/HB 212 HENRC authorizes the EMNRD to require testing of a product under certain circumstances. Depending on the presence of intentionally added per- or poly-fluoroalkyl substance, the manufacturer obtains a certificate of compliance for that product or the EMNRD may notify the person that the product is prohibited in the state and require certain notices to that manufacturer’s distributors or points of sale. The manufacturer will provide a list with names and addresses of those notified and the EMNRD may notify sellers or distributors of the prohibition on that product that it is prohibited within the state. The manufacturer will provide the information required under the Per- and Poly-Fluoroalkyl Substances Protection Act when the product contains a prohibited per- and poly-fluoroalkyl substances.  The provision do not apply to medical devices.
CS/HB 212 HENRC establishes a civil penalty not to exceed fifteen thousand dollars ($15,000) for each day during which any portion of a violation of the Act or a rule adopted under the Act occurs; the EMNRD may assess the violator administrative costs for enforcement of the act. It establishes a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance under a court order. The penalties under the Per- and Poly-Fluoroalkyl Substances Protection Act are independent of any other damages, costs or nonmonetary remedies.
CS/HB 212 HENRC specifies that the attorney general represents the EMNRD and any municipality in an enforcement action in court or the department or municipality may represent itself. The district attorney within whose district the county lies represents the county in such an enforcement action.
CS/HB 212 HENRC directs the penalties collected under the Act will be deposited to the Recycling and Illegal Dumping Fund.