Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Chandle
r
LAST UPDATED
ORIGINAL DATE 01/31/2025
SHORT TITLE
"Hazardous Waste Constituent”
Definition
BILL NUMBER House Bill 140
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
NMED
No fiscal
impact
No fiscal
impact
No fiscal
impact
No fiscal
impact
Recurring
General
Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
New Mexico Environment Department (NMED)
Agency Analysis was Solicited but Not Received From
New Mexico Attorney General (NMAG)
Because of the short timeframe between the introduction of this bill and its first hearing, LFC has yet to receive analysis from state, education, or judicial agencies. This analysis could be updated
if that analysis is received.
SUMMARY
Synopsis of House Bill 140
House Bill 140 (HB140) modifies the Hazardous Waste Act (Section 74-4 NMSA 1978.) Section
1 of the bill adds a new definition to Section 74-4-1 for a “hazardous waste constituent”, defined
as a substance meeting the (existing) definition of “hazardous waste” and identified by the
Environmental Improvement Board (EIB) as being subject to corrective action.
Section 2 of the bill adds to EIB’s duties the making of rules regarding these hazardous waste
constituents, removing a section of statute that currently limits EIB’s jurisdiction when a solid
waste has not been listed by the federal Environmental Protection Agency (EPA) as a hazardous
waste. The remainder of the list of EIB duties and responsibilities remains unchanged.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
House Bill 140 – Page 2
FISCAL IMPLICATIONS
There is no appropriation in House Bill 140. The New Mexico Environment Department
(NMED) expects no fiscal impact of this bill except possibly a savings of money once rules are
finalized, protecting the state from costly cleanup of certain waste. NMED gives an example,
noting that polychlorinated biphenyls (PCBs) and polyfluoroalkyl (PFAS) products, which the
agency asserts would be included under HB140’s definition of “hazardous waste constituent”,
are not subject to a federal EPA listing and that NMED has had to spend $12 million to:
Establish the extent of the contamination that the US Department of Defense has avoided
paying [for PFAS contamination cleanup]. In contrast, in the State of Texas, the U.S.
Department of Defense amicably agreed to address PFAS contamination around one such
U.S. Air Force Base, as the Texas Commission on Environmental Quality has broader
authority than NMED. HB140 will correct this inequity that puts New Mexicans at
greater risk than Texans.
SIGNIFICANT ISSUES
The federal EPA notes that PCBs “have significant toxic effects in animals, including non-
human primates. PCBs can affect an animal’s immune system, reproductive system, nervous
system, and endocrine system. These compounds were widely used until 1979.” The EPA also
notes that current scientific research suggests that exposure to certain PFAS may lead to adverse
health outcomes.
NMED further clarifies the relationship between that agency and the federal EPA:
Under a primacy agreement between the U.S. EPA and the State of New Mexico, NMED
implements the Hazardous Waste Act (NMSA 1978, § 74-4-1). States that receive final
EPA authorization must maintain a hazardous waste program that is equivalent to,
consistent with, and no less stringent than the Federal Hazardous Waste Program. This
means that HB140 will not grant NMED the authority to regulate any waste inconsistent
with laws and rules. Such wastes currently excluded from federal hazardous waste
regulation and therefore state hazardous waste regulations include: scrap metals,
agricultural wastes, mining wastes, oil and gas wastes, etc.
LAC/SL2