Committee tables single‑use plastic bag ban after contested hearing; vote 5‑3

Shirlene Sydney, solid waste bureau chief at the New Mexico Environment Department, told the committee that single‑use plastic bags are not recyclable in any state curbside program and are a major source of contamination for recycling facilities.

"Plastic bags are not recyclable in New Mexico in any collection program, but they contribute 80% of the contamination of recycling streams in our state, costing our recyclers about $3,800,000 a year to clean out," Sydney said, adding that the state Department of Transportation spent more than $8 million in fiscal year 2024 cleaning litter from highways.

The bill, House Bill 392, would ban retailers from providing single‑use plastic bags, require retailers to charge a paper bag fee with retailers keeping 3¢ and remitting 7¢ to local governments for education and enforcement, and provide exceptions for items such as produce bags, newspapers, dry cleaning, prescription drugs and other leakage‑sensitive prepared foods. Sydney said local governments that do not want the remitted funds could have the fee remitted to the state environment department for grant distribution.

Sarah Pierpont, executive director of the New Mexico Recycling Coalition, told the committee the measure would help recycling programs and reduce litter. "They are a nuisance, and they are also a big problem for litter along our roadways and highways," she said.

Opponents included JC Muñoz of the New Mexico Retail Association, who said the bill "imposes unnecessary financial burden on both businesses and consumers" and warned the measure could create a "patchwork" of local rules and an unchecked revenue stream for local governments. Retail representatives also raised practical concerns about counting and remitting bag fees at small, non‑POS checkout counters.

Members debated whether the state should mandate a policy that some municipalities already adopt and whether small retailers without computerized point‑of‑sale systems would face undue administrative burdens. Several lawmakers cited local examples; members noted Santa Fe, Las Cruces and Bernalillo County have enacted local bag regulations in some form.

After public testimony and committee discussion, Representative Armstrong moved to table the bill and a tabling motion was recorded. The committee completed a roll call and the chair announced the final tally for the tabling motion: 5 votes yes, 3 votes no. The bill was tabled and will not advance from this committee at this time.

Committee members and witnesses discussed the bill's exemptions and the intended behavior change behind the fee: to incentivize reusable bags and fund local education and enforcement. Several legislators said small towns without recycling services and small retailers would face implementation challenges under a statewide mandate.