Senate committee backs bill naming firefighting foam with PFAS as hazardous waste

Lawmakers in the Senate Environment and Energy Committee voted to give House Bill 140 a due-pass recommendation after a lengthy discussion about state authority, federal standards and cleanup options for PFAS contamination tied to firefighting foam.

House Bill 140 would add discarded firefighting foams containing intentionally added PFAS to the state's hazardous-waste definition. Sponsors and department witnesses said the intent is to provide the state environmental department greater leverage — especially in dealings with the Department of Defense — to press for cleanup in towns affected by contamination, including areas around former Air Force bases.

Senator discussions focused on whether the bill would allow the state to impose cleanup and disposal requirements that are more stringent than federal law. Secretary Kenny (New Mexico Environment Department) told the panel the department generally adopts federal standards for hazardous-waste programs and expects any cleanup standards to be based on Environmental Protection Agency (EPA) guidance. She said the bill names the material as hazardous waste but would rely on EPA cleanup standards for specifics unless the federal government leaves gaps the state needs to fill.

Committee members pressed for clarity over earlier amendments and whether bill language had been narrowed to avoid unintentionally broadening the state—s authority. Witnesses said the bill was drafted and amended with stakeholder input to focus on discarded firefighting foams with intentionally added PFAS. JB Nance, identified in testimony as the hazardous waste bureau chief, confirmed the statutory changes and said the department had coordinated with Legislative Council Service and stakeholders to refine the language.

Senators raised concerns about the bill—s scope, asking whether it might later be used to regulate other PFAS-containing materials. Supporters described a rulemaking process and stakeholder consultations that would follow passage and said that the process would allow industry, the Department of Defense and nongovernmental organizations to participate. Secretary Kenny said the department plans to meet with EPA leadership to press for federal action and listed other states that have taken steps on PFAS-related waste.

Public discussion and committee exchange also covered disposal options and cleanup practice: witness testimony noted that currently discarded PFAS wastes are managed in hazardous-waste landfills and that EPA sets risk-based cleanup standards for soil and drinking water. Senators asked whether the state—s intended standards could be more stringent than federal benchmarks; department witnesses replied the state normally does not adopt more stringent hazardous-waste standards than the federal program, but the bill would identify the waste so management practices could be applied.

Outcome: After discussion and amendments, the committee recorded a due-pass recommendation for House Bill 140.