New Mexico passes bills for water protection and PFAS regulation

New Mexico passes bills for water protection and PFAS regulation
NM Governor Michelle Lujan Grisham — governor.state.nm.us
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New Mexico Governor Michelle Lujan Grisham has signed a series of measures focused on enhancing the state’s water resource management and environmental protection. The legislation aims to advance New Mexico’s 50-Year Water Action Plan, which seeks to conserve freshwater, improve water quality, and protect residents from harmful PFAS chemicals.

Governor Lujan Grisham highlighted the importance of these bills, stating, “Today marks a turning point for New Mexico’s water future. The Strategic Water Supply program unlocks economic opportunities by providing brackish water for manufacturing and clean energy development, while preserving our freshwater for other vital uses.”

House Bill 137, spearheaded by Rep. Susan K. Herrera and several other legislators, introduces the Strategic Water Supply program. The program focuses on utilizing brackish water to foster economic growth and preserve freshwater resources. Rep. Herrera expressed the significance of the bill: “House Bill 137 represents a new day for New Mexico’s water future, securing critical funding for local brackish water projects and unprecedented resources for aquifer mapping.”

Senate Bill 21, supported by Sen. Peter Wirth and others, intends to modernize the Water Quality Act. This bill provides the state with expanded authority to protect surface waters particularly affected by the 2023 Supreme Court decision in Sackett v. EPA. Sen. Wirth commented, “Senate Bill 21 finally gives New Mexicans control over the quality of our surface water, restoring critical protections for 90-95% of our waterways that were left vulnerable by the Supreme Court’s Sackett decision.”

Also enacted are measures to combat PFAS contamination. House Bill 212, championed by Sen. Jeff Steinborn and various representatives, targets the phasing out of PFAS in consumer products starting in 2027. The legislation prioritizes public health by labeling products containing PFAS and ensuring certain essential uses remain exempt. Rep. Dayan Hochman-Vigil remarked, “Addressing PFAS is one of the most important environmental issues of our time. It required tremendous collaboration to help everyone understand the necessity and impact of this legislation.”

House Bill 140, also backed by Sen. Steinborn, designates PFAS-laden firefighting foams as hazardous waste, assigning cleanup responsibilities to polluters. Governor Lujan Grisham noted, “Our PFAS legislation protects public health and shifts cleanup costs from taxpayers to polluters, preventing expensive remediation in the future while exempting critical industrial applications.”

Environment Secretary James Kenney also emphasized, “It’s time for states break the cycle of PFAS moving through our economy and our environment. Our comprehensive laws establish consumer protections while addressing firefighting foams polluting our military communities.”

These legislative actions represent significant steps towards sustainable water and environmental management in New Mexico, aligning with national efforts to safeguard essential resources.



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