Committee tables single-use plastic bag ban after split committee debate over costs and local control

The committee heard hours of testimony for and against House Bill 392, a substitute bill to prohibit retail establishments from providing single-use plastic bags and to impose a fee on paper bags, then voted to table the measure.

Shirlene Sydney, solid waste bureau chief at the New Mexico Environment Department, told the committee that plastic bags are not recyclable in any collection program in the state and “contribute 80% of the contamination of recycling streams in our state, costing our recyclers about $3,800,000 a year.” Sydney said the bill would ban single-use retail plastic bags, require a paper-bag fee with 3 cents retained by the retailer and 7 cents remitted to local government for education and enforcement, and allow remittance to the Environment Department’s raid fund where local governments decline funds.

Supporters included the New Mexico Recycling Coalition, whose executive director Sarah Pierpont told the committee that bags “are a nuisance” and cited an Albuquerque cost of roughly $4,000,000 to clear equipment clogs. Marla Schoetz, representing South Central Solid Waste Authority, was listed in support but could not complete testimony on Zoom.

Opponents included the New Mexico Retail Association, which said in testimony that the bill “imposes unnecessary financial burden on both businesses and consumers” and warned it could create an “unchecked revenue stream for local governments” without clear safeguards or caps. Several lawmakers also raised practical concerns about implementation in rural areas where small merchants lack point-of-sale systems to track and remit a per-bag fee.

Committee members debated whether local governments already have authority to enact bag bans; supporters said localities can act but some small municipalities had asked the state for a statewide standard. Representatives argued over whether the fee amount should be uniform statewide and whether existing local ordinances would be grandfathered; supporters said the draft preserves some local flexibility while offering state-standard outreach materials.

After extended discussion and public comment, a motion to table the bill passed on a 5-3 vote. The committee record shows the tabling motion prevailed; the transcript does not identify a named mover or second for the tabling motion in the printed record.