Committee hears debate on statewide single-use plastic bag ban and 10¢ paper-bag fee

House Energy, Environment and Natural Resources members on Feb. 20 heard testimony on House Bill 392, the "Single Use Plastic Bag Act," which would ban retailers from providing the ubiquitous handled single-use plastic grocery bag and require a 10¢ charge for a paper carryout bag, with retailers retaining 3¢ and remitting 7¢ to local governments for education and enforcement.

Proponents said the bill would reduce litter and recycling contamination. "New Mexicans use over 3 30000000 single use plastic bags each year," Representative Vluban said in opening remarks, and argued the bags “commonly end up as litter in our state.” Shirlene Sitton, solid waste bureau chief at the Environment Department, told the committee that plastic bags “contribute to 80% of the contamination in our recycling streams” and estimated handling costs of recyclers at about $3,800,000 annually. Sitton and other supporters said the fee structure helped fund local education and reusable-bag giveaways, citing Santa Fe’s experience as successful.

Opponents, including Jason Espinosa of the New Mexico Retail Association, urged caution about the bill’s structure. Espinosa said the bill’s explicit allowance for local governments to adopt more stringent bans and higher fees could create a burdensome patchwork for retailers operating across jurisdictions and increase compliance costs. In addition, witnesses raising environmental lifecycle concerns cited research showing some bans elsewhere led to increased use of heavier bags with larger carbon footprints: "A study by Fredonia Research found that while the number of plastic bags did go down by more than 60%, the alternative bags ended up having a much larger carbon footprint," an opponent said of out-of-state studies.

Support testimony included municipal and nonprofit officials who described local cleanup costs and harms to livestock and wildlife. Mary Garwood, with the city of Carlsbad’s Keep Carlsbad Beautiful program, estimated the city spends “almost $800,000 a year on cleanup efforts” and said the locally adopted ban implemented Feb. 1 had already begun a learning curve. Sarah Pierpont of the New Mexico Recycling Coalition and Karen Sweeney of Beyond Plastic Santa Fe cited contamination and emerging health research, with Sweeney referencing University of New Mexico research finding plastic particles in human tissue.

Committee members questioned scope and local control: several representatives from rural districts asked whether their cities could opt out or set lower enforcement priorities. Secretary Jim Kenney of the Environment Department said the bill would create a statewide baseline while explicitly allowing local governments to adopt more expansive ordinances; he also said the department’s role was intended to be supportive rather than to act as a pervasive “plastic bag police.” Representative Metoyer and others pressed the sponsors about the fee’s distribution and whether the 7¢ designated for local governments was tightly restricted to education and litter programs.

No final committee vote was taken. The bill’s sponsor and the chair agreed to work on clarifying language (including the fee distribution and enforcement mechanics) and to return with a revised draft at a follow-up meeting.

Ending: The committee did not advance HB 392 on Feb. 20. Sponsors and staff agreed to revise language on fee distribution and enforcement and to return with a committee substitute in a later session to address concerns about local control, fee caps, and penalties.