Why Are New Mexico's PFAS Bills Gaining Momentum in Final Legislative Days?

Twin Measures to Regulate “Forever Chemicals” Secure Senate Passage

The New Mexico Senate voted 37-3 today to approve House Bill 212, one of two measures addressing per-and-polyfluoroalkyl substances (PFAS) advancing through the legislature with just one day remaining in the 2025 session. HB 212 would initiate a gradual phase-out of consumer products containing these “forever chemicals,” while its companion legislation, House Bill 140, designates PFAS-containing firefighting foams as hazardous waste. Both bills address chemical contamination that has already affected water sources and resulted in the euthanization of thousands of dairy cows in Clovis.

5 Key Points

• The Senate approved HB 212 today with a 37-3 vote, positioning New Mexico to become the second state after Maine to ban PFAS in consumer products.
• HB 140 would strengthen New Mexico’s position in ongoing legal battles with the Department of Defense over PFAS cleanup around military installations.
• PFAS chemicals are linked to increased cancer risks, decreased fertility, developmental effects in children, and reduced vaccine response.
• Environment Secretary James Kenney has been negotiating with Senate leadership to secure floor votes as the session concludes tomorrow.
• Rep. Andrea Reeb (R-Clovis) narrowed HB 140’s scope to specifically target PFAS rather than broader hazardous materials.

How Would These PFAS Bills Protect New Mexico Communities?

The two bills take different yet complementary approaches to addressing PFAS contamination across New Mexico. House Bill 140 focuses on giving the state Environment Department explicit authority to regulate PFAS-containing firefighting foams as hazardous waste, which would significantly strengthen the agency’s position in legal disputes with the federal government. This is particularly important for communities near military installations in Alamogordo and Clovis, where firefighting foam use has contaminated local water sources. Rep. Christine Chandler explained during committee testimony that the Department of Defense has been “reluctant to come to the table” on cleanup issues, arguing that New Mexico lacks regulatory authority over PFAS. The bill directly responds to the federal government’s lawsuit against New Mexico, which claimed the state overstepped in mandating cleanup around military bases. Today’s successful Senate vote on HB 212 indicates legislators recognize the urgency of addressing these issues before the session ends tomorrow.

What Consumer Products Would Be Affected By The PFAS Ban?

House Bill 212, approved by the Senate today, targets PFAS at their source by initiating a multi-year process to eliminate these chemicals from various consumer products. During committee hearings, sponsor Rep. Joanne Ferrary dramatically illustrated the issue by holding up a bottle of fabric protector containing PFAS. “While this bottle costs about $10, it can cost $18 million to remove and destroy a pound of PFA from drinking water and wastewater treatment plants,” she testified. The legislation would eventually prohibit the sale of PFAS-containing products used in cleaning, car maintenance, cosmetics, cooking, firefighting, and food packaging, among other categories. However, the bill includes essential-use exemptions for electronics, automobiles, medical devices, and other applications where alternatives aren’t viable. Senator Harold Pope, an Albuquerque Democrat and former Air Force officer with a chemistry background, emphasized during today’s floor debate that the approach is practical rather than absolute: “Just like plastics, we are not going to get rid of it by destroying all of it. We have to stop making it.”

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Why Has New Mexico Prioritized PFAS Regulation Now?

The push for PFAS regulation in New Mexico comes after years of documented contamination and health impacts, particularly in communities near military installations. According to reports cited in committee hearings, New Mexico wildlife and plants around Holloman Lake have shown the highest PFAS contamination on record. The state has engaged in two separate court battles with the Department of Defense over PFAS cleanup, joining multi-state litigation in North Carolina courts against the military’s use of PFAS-laden aqueous film-forming foam. A federal lawsuit was filed after the U.S. military sued the New Mexico Environment Department, claiming the agency lacked regulatory authority to mandate cleanup around bases. The economic impact has been severe in some areas, most notably the euthanization of more than 3,600 dairy cows in Clovis due to PFAS contamination. A state Department of Health analysis concludes these chemicals are “conclusively linked to adverse health impacts, including thyroid disease, cancer, liver damage, birth defects, and increased risk of miscarriage.” With the legislative session ending tomorrow, today’s Senate vote represents a critical step forward in addressing these concerns.

How Does New Mexico’s Approach Compare To Other States?

With today’s Senate approval of HB 212, New Mexico is positioned to join the growing number of states taking action against PFAS contamination. Still, it would establish itself as a leader in comprehensive regulation. According to the New Mexico Environment Department, at least 16 states have adopted PFAS-related laws, and at least 30 states have approved PFAS policies, most within the past five years. If signed into law, HB 212 would make New Mexico only the second state after Maine to enact a ban on consumer products containing intentionally added PFAS. The New Mexico approach is notable for addressing both existing contamination (through HB 140’s hazardous waste designation) and future contamination (through HB 212’s phase-out of consumer products). During today’s debate, Senator Jeffrey Steinborn, who carried HB 212 in the Senate, emphasized that the bill targets PFAS at the source rather than dealing with contamination after it occurs. “We have some of the highest cancer rates in the Western world,” Steinborn noted. “Our exposure to dangerous chemicals is a real thing…There’s nothing wrong with looking at how we can eliminate the sources of some of those things in a thoughtful way.”