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HOUSE BILL 409
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Kristina Ortez
AN ACT
RELATING TO ENERGY; ENACTING THE EFFICIENCY AND MERCURY
STANDARDS FOR PRODUCTS AND LIGHTING FIXTURES ACT; PROVIDING
PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Efficiency and Mercury Standards for Products and
Lighting Fixtures Act".
SECTION 2. [NEW MATERIAL] EFFICIENCY STANDARDS FOR
PRODUCTS.--By July 1, 2026, the energy, minerals and natural
resources department shall adopt rules to prohibit in New
Mexico the sale, offering for sale, lease or rent of products
listed in Subsection A of Section 3 of the Efficiency and
Mercury Standards for Products and Lighting Fixtures Act unless
the products meet energy or water efficiency standards as
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adopted by the department. Such standards shall be adopted
with an effort to be in alignment with similar standards
adopted in other states. Any rulemaking pursuant to this
section shall be conducted in accordance with the State Rules
Act.
SECTION 3. [NEW MATERIAL] SCOPE.--
A. The provisions of the Efficiency and Mercury
Standards for Products and Lighting Fixtures Act apply to the
following covered products:
(1) commercial dishwashers;
(2) commercial fryers;
(3) commercial hot-food holding cabinets;
(4) commercial ovens;
(5) commercial steam cookers;
(6) computers and computer monitors;
(7) computer server power supply units;
(8) faucets;
(9) gas fireplaces;
(10) portable electric spas;
(11) residential ventilating fans;
(12) residential water softeners;
(13) showerheads;
(14) spray sprinkler bodies;
(15) state-regulated battery charger systems;
(16) urinals;
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(17) water closets; and
(18) water coolers.
B. The provisions of the Efficiency and Mercury
Standards for Products and Lighting Fixtures Act do not apply
to:
(1) new products manufactured in New Mexico
and sold outside New Mexico;
(2) new products manufactured outside New
Mexico and sold at wholesale inside New Mexico for final retail
sale and installation outside New Mexico;
(3) products installed in mobile manufactured
homes at the time of construction; and
(4) products designed expressly for
installation and use in recreational vehicles.
SECTION 4. [NEW MATERIAL] IMPLEMENTATION.--
A. On and after January 1, 2027, no new covered
product listed in Subsection A of Section 3 of the Efficiency
and Mercury Standards for Products and Lighting Fixtures Act
may be sold or offered for sale, lease or rent in New Mexico
unless the new covered product meets or exceeds the
requirements of the standards adopted pursuant to Section 2 of
that act.
B. On and after January 1, 2028, no new covered
product listed in Subsection A of Section 3 of the Efficiency
and Mercury Standards for Products and Lighting Fixtures Act
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may be installed for compensation in New Mexico unless the new
covered product meets or exceeds the requirements of the
standards adopted pursuant to Section 2 of that act.
SECTION 5. [NEW MATERIAL] NEW AND REVISED STANDARDS.--The
energy, minerals and natural resources department may adopt
rules in accordance with the State Rules Act to establish
increased efficiency standards or updated testing procedures
for the products listed in Subsection A of Section 3 of the
Efficiency and Mercury Standards for Products and Lighting
Fixtures Act. The department may also establish standards for
products not specifically listed in Subsection A of Section 3
of that act. In considering such new or amended standards, the
department shall set efficiency standards upon a determination
that increased efficiency standards would serve to promote
energy or water conservation in New Mexico and would be cost
effective for consumers who purchase and use such new products;
provided that no new or increased efficiency standards shall
become effective within one year following the adoption of any
amended rules establishing such increased efficiency standards.
SECTION 6. [NEW MATERIAL] TESTING, CERTIFICATION,
LABELING AND ENFORCEMENT.--As part of rules adopted pursuant to
Section 2 of the Efficiency and Mercury Standards for Products
and Lighting Fixtures Act, the energy, minerals and natural
resources department shall adopt provisions for the testing,
certification and labeling of products listed in Subsection A
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of Section 3 of that act. Such provisions shall endeavor to
align with similar requirements in other states.
SECTION 7. [NEW MATERIAL] POLLUTION STANDARDS--LIGHTING
FIXTURES.--
A. By July 1, 2026, the energy, minerals and
natural resources department shall adopt rules to prohibit the
sale or offering for sale in New Mexico of general-purpose
compact fluorescent lamps and general-purpose linear
fluorescent lamps. Such rules shall be adopted to be in
alignment with similar prohibitions adopted in other states.
Any rulemakings conducted pursuant to this section shall be
held in accordance with the State Rules Act.
B. On and after January 1, 2027, it shall be a
violation of the Efficiency and Mercury Standards for Products
and Lighting Fixtures Act to offer for final sale, sell at
final sale or distribute in New Mexico as a new manufactured
product a general-purpose compact fluorescent lamp or
general-purpose linear fluorescent lamp.
SECTION 8. [NEW MATERIAL] UTILITY-SPONSORED ENERGY
EFFICIENCY PROGRAMS.--For a period of up to one year after the
effective date of any applicable standard, utilities may
continue to offer rebates and incentives to accelerate a market
transition away from any covered products prohibited in the
Efficiency and Mercury Standards for Products and Lighting
Fixtures Act.
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SECTION 9. [NEW MATERIAL] ENFORCEMENT--PENALTIES.--If the
energy, minerals and natural resources department finds any
person has committed a violation of any provision of the
Efficiency and Mercury Standards for Products and Lighting
Fixtures Act, the department shall issue a warning to such
person. Any person who commits the same violation after the
issuance of such warning may be subject to a civil penalty,
issued by the department, of up to one hundred dollars ($100)
for each offense. Any further violations committed by such
person after this second violation for the same offense may be
subject to a civil penalty of not more than two hundred fifty
dollars ($250) for each additional violation. Each covered
product offered, sold or distributed in violation of the
Efficiency and Mercury Standards for Products and Lighting
Fixtures Act may constitute a separate violation, each
violation may constitute a separate offense and each day that
such violation occurs may constitute a separate offense.
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