The New Mexico Legislature convened on February 8, 2025, for a meeting focused on energy, environment, and natural resources, with significant discussions surrounding the regulation of PFAS (per- and polyfluoroalkyl substances) in products and waste.

The meeting began with Representative Montoya raising concerns about the classification of PFAS as both a product and a waste product. He questioned whether defining PFAS as a waste could hinder its status as a product, particularly in light of its presence in everyday items like cosmetics. The discussion highlighted the complexities of regulatory definitions and the implications for public health and safety.

A key point of contention was whether household waste containing PFAS could be classified as hazardous. Representatives noted that under current federal and state laws, household-generated waste is not considered hazardous, regardless of its PFAS content. This raised concerns about potential health risks, especially as PFAS can enter drinking water supplies through wastewater systems.

The conversation also touched on the potential for civil liability for local utilities if PFAS contamination occurs. Representative Montoya expressed apprehension that designating PFAS as a waste product could lead to legal repercussions for companies producing everyday consumer goods, such as cosmetics. He emphasized the need for careful consideration of the regulatory framework to avoid unintended consequences for both consumers and manufacturers.

As the meeting progressed, the representatives discussed the importance of stakeholder engagement in the rulemaking process regarding PFAS regulation. They acknowledged the necessity of balancing public health concerns with the economic implications for businesses involved in the production of PFAS-containing products.

In conclusion, the meeting underscored the urgent need for clear regulations on PFAS to protect public health while navigating the complexities of product classification and potential legal ramifications. The representatives agreed to continue discussions on this critical issue, with a focus on ensuring that any regulatory measures are both effective and equitable.