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Committee advances PFAS bill after contentious hearing with oil, gas and agriculture concerns
Summary
A House committee recommended a substitute for HB140 that would add a hazardous‑waste‑constituent authority to New Mexico law so the state can regulate PFAS and other emerging contaminants; the measure drew opposition from oil and gas groups and the Chamber and passed committee 7‑4.
The House Energy, Environment and Natural Resources Committee on Feb. 14 gave a do‑pass recommendation to a committee substitute for House Bill 140, a bill that would amend New Mexico’s Hazardous Waste Act to add the concept of a “hazardous waste constituent” and give the state route to regulate PFAS and similar emerging contaminants through rulemaking at the Environmental Improvement Board.
Sponsor Representative Chandler and Secretary Kenney of the Environment Department told the committee the change is intended to allow the state to require cleanup and oversight of PFAS contamination where federal authority alone has been insufficient. Secretary Kenney said New Mexico has spent roughly $12 million on litigation related to PFAS issues and cited specific costs including about $850,000 spent to manage PFAS‑contaminated livestock carcasses.
Industry groups, including the New Mexico Chamber of Commerce, the New Mexico Independent Petroleum Association and the Permian Basin Petroleum Association, opposed the bill as drafted. Witnesses argued the measure could expand state regulation beyond federal standards and create uncertainty for oil, gas and agricultural operations; lawyers for industry warned the draft language could impede routine transport or management of oil‑and‑gas byproducts unless tightened.
Representative Reed, whose district includes areas affected by PFAS, said she was torn and worried about agricultural impacts; the sponsor and the secretary said existing statutory exemptions for oil‑and‑gas and mining wastes remain in state law and that the bill is intended to target PFAS constituents rather than broadly reclassify exempt wastes. Secretary Kenney said other states with large energy sectors, including Texas, have adopted similar approaches without the litigation pattern New Mexico faces.
After public comment and questions, the committee approved the Energy Committee substitute for HB140 on a 7‑4 roll call. Committee members asked the sponsor to continue working with industry and stakeholders on clarifying language before the bill moves to the House floor.
