Pair of PFAS bills clears final committee, heads to Senate floor
A pair of bills to address current and future contamination from so-called 'forever chemicals' advanced through a final committee hearing Tuesday and now heads to the Senate floor.
Both bills address per-and-polyfluoroalkyl substances — better known as PFAS — a class of manmade chemicals with a myriad of uses in waterproofing, manufacturing and more. However, due to their ability to withstand breaking down in heat, sunlight, water or oil, the chemicals can accumulate in the bodies of people and animals.
While research on the environmental and health threats PFAS pose remains ongoing, studies have shown increased risks for certain cancers, decreased fertility, developmental effects in children, reduced vaccine response and interference with hormones and cholesterol levels.
House Bill 140 amends the definition of hazardous waste to include firefighting foams that contain PFAS. Rep. Andrea Reeb (R-Clovis) narrowed the bill's scope with an amendment during the debate on the House floor to only address PFAS, rather than other hazardous materials.
Rep. Christine Chandler (D-Los Alamos) told the Senate Conservation Committee Tuesday that giving the New Mexico Environment Department the authority to treat PFAS as hazardous material and mandate their cleanup will boost the agency's position in legal fights over PFAS contamination in the water in and around military bases.
New Mexico wildlife, plants around Holloman lake have highest PFAS contamination on record
New Mexico is engaged in two separate court battles with the U.S. Department of Defense over its actions and cleanup of the PFAS contamination. New Mexico joined multi-state litigation in the North Carolina courts against the military's use of PFAS-laden aqueous film forming foam for fire fighting exercises.
In a federal lawsuit, the U.S. military sued the New Mexico Environment Department, saying the agency went too far in mandating cleanup around bases, and contended the state lacks regulatory authority over PFAS.
This law is a direct response to those arguments, Chandler said.
'As a result, they have been reluctant to come to the table to resolve that issue, so we are developing that authority for [NMED] so they may have that rare leverage in attempting to resolve that on behalf of citizens in that area as well as the state,' Chandler told the committee.
The second bill, House Bill 212, would start a yearslong process phasing out of products with added PFAS and prohibit the sale of products containing PFAS, while allowing exemptions for electronics, cars and medical devices.
Sponsor Rep. Joanne Ferrary (D-Las Cruces) held up a bottle of fabric protector during the committee hearing, illustrating PFAS presence in everyday products.
'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 said. 'HB12 starts us down the path of sunsetting these harmful products.'
If approved, New Mexico would be the second state to enact a PFAS ban on consumer products, following Maine's lead.
New Mexico Environment Secretary James Kenney told Source NM he was speaking with Senate leadership to try and secure a floor vote as the session enters into its final four days.
'Having these discussions has precipitated a lot of good effort, but passing the bill will now hold everyone accountable to staying at the table,' Kenney said. 'And that has been missing from New Mexico on this topic.'
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