Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that establishes the per- and poly-flouroalkyl protection act in New Mexico.

Highlights:

• Specifies that this act does not apply to (Sec. 3):

• A product for which federal law governs the presence of a per- or polyfluoroalkyl substance in the product in a manner that preempts state authority;

• Used products offered for sale or resale;

• Medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States Food and Drug Administration, including prosthetic and orthotic devices;

• Cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added per- or poly-fluoroalkyl substances or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States Environmental Protection Agency under the Significant New Alternatives Policy program;

• A veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits and the veterinary product's components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of:

• The United States food and drug administration;

• The United States Department of Agriculture under the federal Virus-Serum-Toxin Act; or

• The United States Environmental Protection Agency, under the Federal Insecticide, Fungicide, and Rodenticide Act, except that any such products approved by the United States Environmental Protection Agency

• Specifies that the board shall adopt rules to (Sec. 4):

• Exempt from the reporting requirements established under Section 5 of the Per- and Poly-Fluoroalkyl Substances Protection Act any product that contains an intentionally added per- or poly-fluoroalkyl substance that is exempt under Subsection A of Section 3 of that act or that has been designated as a currently unavoidable use;

• Create a series of ranges for the amount of a per- or poly-fluoroalkyl substance in a product that contains an intentionally added per- or poly-fluoroalkyl substance for reporting purposes unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act;

• Identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act; and

• As pertaining to firefighting foam:

• Require a periodic inventory of firefighting foam quantities stored or used in New Mexico;

• Require the use of firefighting foam for emergency purposes only; and

• Require the cleanup of discarded firefighting foam pursuant to the Hazardous Waste Act.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes the per- and poly-flouroalkyl protection act in New Mexico.

Highlights:

• Specifies that this act does not apply to (Sec. 3):

• A product for which federal law governs the presence of a per- or polyfluoroalkyl substance in the product in a manner that preempts state authority;

• Used products offered for sale or resale;

• Medical devices or drugs and the packaging of the medical devices or drugs that are regulated by the United States Food and Drug Administration, including prosthetic and orthotic devices;

• Cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added per- or poly-fluoroalkyl substances or refrigerants listed as acceptable, acceptable subject to use conditions or acceptable to narrowed use limits by the United States Environmental Protection Agency under the Significant New Alternatives Policy program;

• A veterinary product and its packaging intended for use in or on animals, including diagnostic equipment or test kits and the veterinary product's components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of:

• The United States food and drug administration;

• The United States Department of Agriculture under the federal Virus-Serum-Toxin Act; or

• The United States Environmental Protection Agency, under the Federal Insecticide, Fungicide, and Rodenticide Act, except that any such products approved by the United States Environmental Protection Agency

• Specifies that the board shall adopt rules to (Sec. 4):

• Exempt from the reporting requirements established under Section 5 of the Per- and Poly-Fluoroalkyl Substances Protection Act any product that contains an intentionally added per- or poly-fluoroalkyl substance that is exempt under Subsection A of Section 3 of that act or that has been designated as a currently unavoidable use;

• Create a series of ranges for the amount of a per- or poly-fluoroalkyl substance in a product that contains an intentionally added per- or poly-fluoroalkyl substance for reporting purposes unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act;

• Identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act; and

• As pertaining to firefighting foam:

• Require a periodic inventory of firefighting foam quantities stored or used in New Mexico;

• Require the use of firefighting foam for emergency purposes only; and

• Require the cleanup of discarded firefighting foam pursuant to the Hazardous Waste Act.

Full Bill Text