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HOUSE BILL 392
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Tara L. Lujan and Andrea Romero and Elizabeth "Liz" Stefanics
AN ACT
RELATING TO THE ENVIRONMENT; ENACTING THE SINGLE-USE PLASTIC
BAG ACT; PROHIBITING RETAIL ESTABLISHMENTS FROM MAKING OR
DELIVERING GOODS USING SINGLE-USE PLASTIC BAGS; CREATING
EXCEPTIONS; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
"Single-Use Plastic Bag Act"."
SECTION 2. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Single-Use
Plastic Bag Act:
A. "carryout bag" means a bag that is furnished to
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a customer at a retail establishment at the point of sale for
use by the customer to transport or carry purchased items;
B. "department" means the department of
environment;
C. "plastic" means a synthetic material made from
linking monomers through a chemical reaction to create a
polymer chain that can be molded or extruded at high heat into
various solid forms, including material derived from petroleum
or a biologically based polymer such as corn or other plant
sources;
D. "recyclable cardboard box" means a box made of
non-coated cardboard, corrugated paper or paper;
E. "recycled content carryout bag" means a carryout
bag that contains a minimum of forty percent post-consumer
recycled content and is one hundred percent recyclable;
F. "retail establishment" means a retail business
that sells merchandise or dry goods to consumers or is a goods
or service delivery provider;
G. "reusable carryout bag" means a carryout bag
that is designed and manufactured for multiple uses, is made of
cloth or fiber or is a polypropylene or recycled-content
polyethylene terephthalate bag; and
H. "single-use plastic bag" means a carryout bag
made from plastic that is provided to a customer at a point of
sale for the purpose of transporting groceries, food or other
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goods that is made predominantly of plastic derived from
natural gas, petroleum or a biologically based source, such as
corn or other plant sources, and is not specifically designed
for or manufactured for multiple uses."
SECTION 3. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] PROHIBITIONS ON THE USE OF SINGLE-USE
PLASTIC BAGS--EXCEPTIONS.--
A. A retail establishment shall not provide a
single-use plastic bag or other bag or box that is not a
reusable carryout bag, recycled content carryout bag,
recyclable cardboard box or recycled corrugated paper box to
carry groceries, food or other goods from the point of sale in
a retail establishment.
B. This section does not apply to single-use
plastic bags:
(1) provided to customers for use with loose
or bulk products, produce, meat or fish or when provided for
separating items to avoid contamination or prevent damage from
moisture or for sanitary, public health or environmental
protection purposes;
(2) provided for prepared takeout food with a
potential for leakage, as determined by the retail
establishment, that is not intended for consumption on the
retail establishment's premises;
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(3) provided by pharmacists or veterinarians
to contain prescription drugs or medical necessities;
(4) provided by laundries or dry cleaning
establishments;
(5) used to transport or contain live animals;
(6) used to transport chemical pesticides or
drain-cleaning or other toxic chemicals sold at retail
establishments;
(7) used to protect newspapers from inclement
weather;
(8) distributed by manufacturers for packaging
or preparing goods for display prior to sale; or
(9) that are similar to those exempted by this
subsection, as determined by the department."
SECTION 4. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] DEPARTMENT RULES.--No later than December
31, 2025, the department shall promulgate rules for the
implementation of the provisions of the Single-Use Plastic Bag
Act."
SECTION 5. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] PAPER CARRYOUT BAGS ALLOWED--FEE--
DISPOSITION OF MONEY.--
A. A retail establishment may provide a customer
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with one or more paper carryout bags at the point of sale only
if the customer pays a carryout bag fee of not less than ten
cents ($.10) per paper carryout bag or a higher fee if a
municipality or county in which the retail establishment is
located raises the fee by ordinance, except that retail
establishments shall not collect the fee from a person with a
voucher or electronic benefits card issued under the women,
infants and children program, the emergency food assistance
program, the temporary assistance for needy families program or
the federal supplemental nutrition assistance program.
B. Retail establishments shall indicate on the
customer transaction receipt the number of paper carryout bags
provided.
C. Retail establishments shall not refund the
customer any portion of the fee, either directly or indirectly,
or advertise or otherwise convey to customers that a portion of
the fee will be refunded.
D. Seven cents ($.07) of the fee collected by a
retail establishment shall be transmitted to the municipality
in which the retail establishment is located, or if not located
in a municipality, the county in which the retail establishment
is located, for use in outreach efforts for education on waste
and litter reduction, except that if the municipality or county
in which the retail establishment is located implements a
higher fee pursuant to Subsection A of this section, the amount
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retained by the retail establishment shall not exceed three
cents ($.03) per bag.
E. A retail establishment shall, on a quarterly
basis starting January 1, 2026, remit from the total amount of
carryout bag fees collected in the previous quarter the amount
that is owed to the municipality or county to the finance
department or division or equivalent agency of the local
government entity within which the retail establishment is
located. A retail establishment need not remit carryout bag
fees collected in any quarter in which the collected fees total
less than twenty dollars ($20.00). The retail establishment
shall retain those collected fees until the retail
establishment has more than twenty dollars ($20.00) of
collected fees to remit and shall remit those fees as part of
the next quarterly remittance."
SECTION 6. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] ENFORCEMENT--COMPLIANCE ORDERS--
PENALTIES.--
A. Except as provided in Section 7 of the Single-
Use Plastic Bag Act, a local government may enforce a violation
of the Single-Use Plastic Bag Act against a retail
establishment that is located within the boundaries of the
local government in the manner that the local government
chooses.
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B. A county or municipality that chooses to enforce
a violation of the Single-Use Plastic Bag Act against a retail
establishment may seek injunctive relief against the retail
establishment or may assess civil penalties, or both. The
county or municipality may assess penalties of up to:
(1) five hundred dollars ($500) for a second
violation; or
(2) one thousand dollars ($1,000) for a third
or subsequent violation.
C. A local government may enforce but shall not
assess a civil penalty for the first violation of the Single-
Use Plastic Bag Act.
D. The department may enforce a violation of the
Single-Use Plastic Bag Act against the owner or operator of a
retail establishment if the local government fails to do so.
E. For the purposes of this section, each retail
sales transaction in which a violation of the Single-Use
Plastic Bag Act is committed, regardless of whether multiple
violations of that act are committed in one retail sales
transaction, constitutes a single violation of this section."
SECTION 7. A new section of Chapter 74 NMSA 1978 is
enacted to read:
"[NEW MATERIAL] LOCAL GOVERNMENT REGULATION--
PREEMPTION.--
A. Beginning January 1, 2026, a local government
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may enact, implement or enforce any ordinance that is as
stringent as or more stringent than the Single-Use Plastic Bag
Act.
B. Beginning January 1, 2026, the department may
enforce the Single-Use Plastic Bag Act. Civil penalties
collected by the department shall be deposited in the recycling
and illegal dumping fund."
SECTION 8. EFFECTIVE DATE.--The effective date of the
provisions of this act is January 1, 2026.
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