The New Mexico Legislature's House Committee on Energy, Environment, and Natural Resources convened on February 8, 2025, to discuss proposed legislation aimed at regulating per- and polyfluoroalkyl substances (PFAS) in consumer products. The meeting highlighted significant concerns regarding the lack of consensus on safe PFAS levels and the potential economic impacts of the proposed regulations.

A central theme of the discussion was the proposed ban on certain products containing PFAS. Several committee members expressed skepticism about moving forward without established national safety standards. One representative raised concerns about the absence of scientific consensus on what constitutes safe levels of PFAS, questioning the expertise available to determine these levels in New Mexico. The Secretary of the Environment responded by referencing numerous peer-reviewed studies that inform safety standards but acknowledged that consensus may not exist for every product category.

The committee also examined the implications of increased regulatory authority for the New Mexico Environment Department (NMED). Questions arose regarding whether the new responsibilities could lead to increased litigation against the department, particularly if the regulations were perceived as overly broad or if they inadvertently hindered interstate commerce. The general counsel for the NMED noted that while new regulations could lead to litigation, the absence of regulation could also result in higher legal claims related to public health and environmental issues.

Another point of contention was the potential for exemptions within the legislation, which some members feared could undermine the bill's effectiveness. Concerns were raised about products being sold without proper labeling, which could mislead consumers about the presence of PFAS. The Secretary emphasized the importance of labeling to empower consumers to make informed choices.

The meeting concluded with a recognition of the need for a balanced approach that considers both public health and economic impacts. While the committee members generally supported the bill's intent to reduce PFAS exposure, they called for further deliberation on the specifics of the legislation, particularly regarding exemptions and the stakeholder engagement process.

As New Mexico moves forward with this legislation, the discussions underscore the complexities of regulating PFAS and the importance of establishing clear, science-based standards to protect public health while considering the economic ramifications for consumers and businesses.