Representative Patricia Chandler presented a committee substitute to House Bill 140, a bill that would add a statutory definition allowing New Mexico — through rule making and the Environmental Improvement Board (EIB) process — to identify hazardous‑waste constituents, a change sponsors say is needed to address PFAS contamination more rapidly than federal action has allowed.

The sponsor said the change is intended to give the New Mexico Environment Department (NMED) parity with states that have used state law to compel federal engagement. "We're adding a definition of hazardous‑waste constituent," Representative Patricia Chandler said, and the committee heard extended technical explanation from Jim Kenney, New Mexico environment secretary, who framed the change as giving the state authority to act when the U.S. Environmental Protection Agency has not yet listed a substance nationally.

Secretary Jim Kenney described the bill as a short statutory change with long practical effect. "We're saying the state can identify these hazardous wastes in addition to waiting for the feds to identify them," Kenney told the committee, adding the state would still need to follow rule‑making procedures and could not unilaterally list materials outside that process. Kenney cited PFAS health findings and ongoing litigation over contamination near military bases as the immediate context: he said New Mexico is one of the bellwether plaintiffs in multidistrict litigation and that federal courts are urging states to exhaust state remedies before a federal remedy is considered.

Testimony for and against reflected the bill's mix of environmental urgency and economic caution. Industry speakers including Ashley Wagner of the New Mexico Oil and Gas Association and Jim Winchester of the Independent Petroleum Association said they support the bill's intent but worry about unintended regulatory consequences for oil and gas operations and agricultural producers. Beverly Itzinga of Dairy Producers of New Mexico said she appreciated the department's work on Clovis contamination but feared producers could be held liable for contamination they did not cause.

Environmental and public‑health groups supported the change. Marielle Nassy of New Energy Economy said the amendment is critical to expand the state's definition of hazardous waste; Melissa Bernardin of the Sierra Club Rio Grande chapter argued the bill would allow New Mexico to regulate chemicals such as PFAS and PCBs locally when federal hazardous‑waste lists do not yet include them. Several residents and health professionals described local impacts from PFAS in drinking water and wells.

Committee members pressed for limits and clarifications about how state and federal exclusions would interact. Kenney told members that federal exclusions (for example, certain oil‑and‑gas wastes exempted by Congress) remain in effect and the state cannot override those congressional exemptions. He also described the agency’s plan to use the EIB rule‑making process — which includes public input and cost considerations — before any material would be added as a hazardous‑waste constituent.

The committee voted to move the committee substitute. A motion "do not pass on House Bill 140 and do pass on committee substitute for House Bill 140" carried on a recorded count of 7–4.

Kenney told members the department has requested a special appropriation of $8 million this session (three million intended to implement the statutory change) and said the state had previously received roughly $18 million targeted to PFAS work in water treatment; he argued the bill would help the state with both enforcement and cleanup authority in litigation and negotiations.

The bill now advances to the next stage with the committee substitute language approved for consideration.

Ending: Members of the committee asked staff and the environment secretary to provide draft rule language and clarifying amendments so industry and agriculture stakeholders can review exclusions; Secretary Kenney and the sponsor encouraged continued stakeholder discussions ahead of floor action.