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HOUSE BILL 524
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Meredith A. Dixon
AN ACT
RELATING TO ADVANCE PURCHASE COMMITMENTS; CREATING A PROGRAM
FOR THE AWARDING OF ADVANCE PURCHASE COMMITMENTS FOR THE
PURCHASE, THREE OR MORE YEARS IN THE FUTURE, OF LOW-EMISSIONS
CEMENT, CONCRETE, ASPHALT BINDER OR ASPHALT MIXTURES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] ADVANCE PURCHASE COMMITMENT--
AUTHORITY--REQUIREMENTS--PRIORITIES--ASSIGNMENT.--
A. By January 1, 2026, the department shall
establish a program within the department for the awarding of
advance purchase commitments with the objective of encouraging
innovation and emissions reductions and establishing market
demand for low-emissions cement, concrete, asphalt binder or
asphalt mixtures. An advance purchase commitment may be
awarded under the program only if:
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(1) a private entity submits to the department
a statement describing the quantity and cost of the low-
emissions cement, concrete, asphalt binder or asphalt mixture
for which the advance purchase commitment is sought and:
(a) an environmental product
declaration;
(b) if a private entity does not have
sufficient production to generate an environmental product
declaration, a life cycle assessment of the entity's applicable
product that is consistent with the standards of the
international organization for standardization or, if that
organization no longer exists, a national or international
standard development organization selected by the department;
or
(c) a preliminary environmental product
declaration that the department shall verify within one year of
fulfillment of delivery of materials pursuant to the advance
purchase commitment; and
(2) for each submission, the department
confirms that:
(a) the embodied greenhouse gas
emissions of the applicable low-emissions cement, concrete,
asphalt binder or asphalt mixture meets or exceeds the
threshold established by the United States secretary of energy
under Section 458(i)(2) of the federal Energy Independence and
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Security Act of 2007; and
(b) the applicable low-emissions cement,
concrete, asphalt binder or asphalt mixture meets all technical
specifications and requirements established by the department.
B. In awarding advance purchase commitments
pursuant to this section, the department shall prioritize
awards based on the following factors:
(1) the degree of greenhouse gas emissions
reduced during or in connection with the production of the
applicable low-emissions cement, concrete, asphalt binder or
asphalt mixture;
(2) the anticipated suitability of the low-
emissions cement, concrete, asphalt binder or asphalt mixture
for its intended use;
(3) the potential of the advance purchase
commitment to increase the availability of, or financing for,
low-emissions cement, concrete, asphalt binder or asphalt
mixtures in New Mexico; and
(4) the utilization or mineralization of
carbon dioxide in the low-emissions cement, concrete, asphalt
binder or asphalt mixture, but only if it does not lead to
positive net carbon dioxide emissions.
C. A contract entered into or material purchased
pursuant to this section may be assigned to a local
transportation authority at the discretion of the secretary of
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transportation.
D. As used in this section:
(1) "advance purchase commitment" means a
binding commitment from the department to purchase, three or
more years in the future, from a private entity, a specified
minimum quantity of conforming low-emissions cement, concrete,
asphalt binder or asphalt mixtures at a specified minimum
price; and
(2) "department" means the department of
transportation.
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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