House approves memorial directing NMED and EIB to report on PFAS implementation and labeling

The New Mexico House on Feb. 13 approved House Joint Memorial 3, directing the Environment Department (NMED) and the Environmental Improvement Board (EIB) to report on implementation of last year’s PFAS Protection Act (HB212) and to recommend any changes to exemptions, disclosure and consumer protections.

Sponsor Representative Lord said HB212 authorized state-level actions to identify and regulate per‑ and polyfluoroalkyl substances in products and environment and that federal changes in the regulatory landscape required a near‑term review so the state’s rules and stakeholder process could be synchronized.

The memorial asks the agencies to present preliminary findings to an appropriate interim legislative committee by Dec. 1, 2026, and to consider whether exemptions — for example for fluoropolymers or essential medical uses — should be continued, modified or removed. Members debated the scope of rulemaking authority, whether labeling is mandatory or discretionary under statute, and how exempt categories would be handled in rulemaking. One supporter described PFAS as “forever chemicals” that appear in many consumer and industrial products, and urged transparency for consumers.

Final action: the memorial passed on final passage by roll call, 52 in favor and 10 opposed. The memorial does not itself change statute but requests agency reports and recommendations to inform legislative action in the next session.

What happens next: NMED and the EIB will continue rulemaking under HB212 and assemble the requested report and stakeholder outreach; the preliminary findings are due to the Legislature by Dec. 1, 2026.