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Senate OKs phased ban on PFAS in many consumer products; debate raises disposal questions
Summary
The Senate passed legislation to ban certain intentionally added PFAS from a range of consumer products in staged steps (2027, 2028 and later), while senators raised questions about disposal of contaminated materials and state coordination with federal cleanup efforts.
The New Mexico Senate approved a bill that phases in prohibitions on products containing intentionally added per‑ and polyfluoroalkyl substances (PFAS), often called “forever chemicals,” citing health and environmental risks.
Sponsor Senator Steven Steinborn told the chamber the measure targets products where PFAS directly contacts people and noted scientific links the state cites between PFAS exposure and cancer, thyroid and reproductive harms. He told senators the bill takes a phased approach: certain product categories would be prohibited beginning in 2027 and a larger set in 2028, with authority to expand prohibitions later.
Key provisions and timeline described on the floor: starting in 2027 the bill would prohibit PFAS in cookware, food packaging, dental floss, juvenile products and firefighting foam; starting in 2028 it would extend prohibitions to carpets and rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, upholstered furniture and ski wax; and a later phase would allow the department to prohibit other products with intentionally added PFAS.
Floor debate focused on disposal and cleanup logistics. Senator Woods pressed the sponsor and the environment secretary about what happens to PFAS once removed from water or products. New Mexico Environment Secretary James Kenney, called to the floor as an expert witness, said residues captured from water treatment are being handled at hazardous‑waste landfills and that the Department and the Department of Defense are coordinating on disposal of residues from contaminated sites. Kenney acknowledged disposal options are limited and that some out‑of‑state hazardous waste facilities accept PFAS‑containing waste.
Supporters said the measure brings New Mexico closer to other states taking action on PFAS and targets categories with direct human exposure; opponents and questioners asked for more detail on waste management, the law’s scope and implementation authority through the Environmental Improvement Board rulemaking process.
Outcome: the Senate recorded 37 votes in the affirmative and 3 in the negative on final passage; the bill passed the Senate and will proceed to the next legislative steps described in chamber procedure.
