Santa Fe, N.M. – Today, the House of Representatives passed key legislation to help facilitate our transition to clean energy and protect New Mexicans from toxic chemicals.
House Bill 361, which passed unanimously, would help clean up and repurpose depleted oil and gas wells across New Mexico. The bill would authorize the Energy, Minerals and Natural Resources Department (EMNRD) to utilize these wells for energy storage or geothermal energy development. If no other uses are found viable, the wells would be plugged.
"New Mexico has nearly 2,000 orphaned wells across our state, sitting unused and posing pollution risks to our people and environment," said sponsor Representative Andrea Romero (D-Santa Fe). "House Bill 361 will not just support the cleanup and methane monitoring of these wells, but repurpose unused and unusable assets for clean energy battery storage and geothermal production — a win-win for all."
The House also passed House Bill 212 today by a vote of 62-1. This legislation would create the PFAS Protection Act to establish a timeline and framework for removing goods containing PFAS from sale in the state.
PFAS (perfluoroalkyl and polyfluoroalkyl substances) are a group of synthetic compounds, known as "forever chemicals," which can cause serious health concerns such as cancer, liver damage, thyroid disease, and fertility issues, as well as having damaging effects on animal and plant health. They are found in many common household items, such as cleaning agents, nonstick cookware, electronics, and personal care products.
Under HB 212, the state would be prohibited from procuring consumer products with intentionally-added PFAS beginning in January 2027, and manufacturers would have to stop selling products with intentionally-added PFAS that is deemed harmful in January 2028.
"Toxic PFAS chemicals are in countless household items and have also seeped into our groundwater, leading to serious health consequences for New Mexicans, our wildlife, and our environment," said the bill's lead sponsor Rep. Joanne Ferrary (D-Las Cruces). "House Bill 212 will phase out these harmful chemicals from the products we use everyday to better protect the people of our state."
The Environmental Improvement Board (EIB) would adopt the state's rules regarding the banning of PFAS products, and have the ability to adjust them moving forward. The bill makes exemptions for products deemed unavoidable or acceptable under federal regulations.
HB 212 is also sponsored by Reps. Debra Sariñana (D-Albuquerque), Kathleen Cates (D-Rio Rancho), House Majority Whip Dayan Hochman-Vigil (D-Albuquerque), and Senators Jeff Steinborn (D-Las Cruces) and Liz Stefanics (D-Cerrillos).
Last week, the House also passed House Bill 140, which would close a loophole to improve New Mexico's regulatory authority over PFAS waste impacting communities throughout the state. The bill would update New Mexico's Hazardous Waste Act to clarify that the state can take corrective action with the U.S. Department of Defense to address this toxic waste.
Members of the public are welcome to attend floor sessions and committee meetings at the New Mexico Roundhouse, and can tune in virtually through the New Mexico Legislature's Webcasts tab. Public comment can also be provided in-person, and via phone or Zoom as directed on the daily schedule.