What's Happening?
On February 18, 2026, the New Mexico legislature passed House Joint Memorial 3, which calls for the New Mexico Environmental Improvement Board (NMEIB) and the New Mexico Environment Department (NMED) to provide a detailed report on the implementation
of the 2025 Per- and Polyfluoroalkyl Substances (PFAS) Protection Act. The report is expected to include recommendations on improving consumer protections from PFAS. The Act currently exempts certain products containing intentionally added PFAS from phaseout and prohibition, based on limited scientific literature regarding their chemical degradation, environmental mobility, persistence, potential human exposure pathways, and possible health impacts. The Memorial requests that NMED develop a report on the public health, environmental, and economic risks of these exemptions and provide recommendations on whether such exemptions, like those for fluoropolymers, should be continued, modified, or removed. Preliminary findings are to be presented to interim legislative committees by December 1, 2026, with a final report due to the Governor and legislature by August 1, 2027.
Why It's Important?
The passage of House Joint Memorial 3 is significant as it underscores the ongoing concerns about the environmental and health impacts of PFAS, often referred to as 'forever chemicals' due to their persistence in the environment. The exemptions in the PFAS Act, particularly for fluoropolymers, have raised questions about the adequacy of current regulations in protecting public health and the environment. The requested report could lead to stricter regulations and labeling requirements, impacting manufacturers and industries that rely on these substances. This move reflects a broader trend towards increased scrutiny and regulation of PFAS at both state and national levels, potentially influencing policy decisions and regulatory frameworks across the United States.
What's Next?
The NMED is tasked with conducting a comprehensive analysis of the risks associated with PFAS exemptions and presenting its findings to legislative bodies. This process will involve gathering scientific data and stakeholder input, which could lead to legislative changes or new regulatory measures. The outcome of this report could influence future policy decisions regarding PFAS management and regulation, potentially affecting industries that produce or use these chemicals. Stakeholders, including environmental groups, industry representatives, and public health advocates, are likely to engage in discussions and lobbying efforts as the report's findings are developed and presented.
