This story is republished from NM Political Report, a nonprofit news outlet, as a part of our commitment to bringing you the best in independent news coverage that matters to Albuquerque.
By Hannah Grover
Rep. Joanne Ferrary, D-Las Cruces, held up a bottle of fabric protectant on Saturday during a House Energy, Environment and Natural Resources Committee meeting. She said the bottle of fabric protectant contained PFAS chemicals, which have been linked to various health impacts including cancer and high cholesterol.
“The concentration of PFAS in this container is almost 50 times higher than the [U.S. Environmental Protection Agency’s] drinking water standards,” Ferrary said. “And while this only costs $10 to buy, it can cost $2.7 million to $18 million to remove a pound of PFAS from water treatment plants.”
Ferrary is sponsoring HB 212, which would prohibit sales of consumer products that contain intentionally-added PFAS in New Mexico. The bill cleared the House Energy, Environment and Natural Resources Committee Saturday on a 6-4 vote.
New Mexico Environment Department Secretary James Kenney said he purchased the bottle of fabric protectant at a big box store in Albuquerque and the sales associate told him that it is “safe for your kids, pets, family, and it’s completely biodegradable, non hazardous.”
“It is completely not safe for your kids, pet family, biodegradable or non hazardous,” Kenney said.
The original version of the bill did not include firefighting foam, but was added in a committee substitute of the legislation. Kenney told NM Political Report that firefighting foam containing PFAS would still be allowed for fire suppression, but not in training exercises. Agencies using PFAS-containing firefighting foam would need to keep track of how much was used and would be required to clean it up rather than allowing it to wash into watersheds.
Alison Riley with the New Mexico Chamber of Commerce was among the public commenters who opposed the bill.
“A ban like this could force manufacturers out of New Mexico and jeopardize jobs and investments in our state,” she said.
The legislation includes exemptions for certain products that contain PFAS, including those used in medical devices and pharmaceuticals or in agriculture.
Kenney told NM Political Report the exemptions added to the bill prior to the House Energy, Environment and Natural Resources Committee hearing are for things that are less likely to cause human exposure to the chemicals in ways that could cause health problems. He gave the example of PFAS in semiconductors or in microchips.
Other bill sponsors include Reps. Debra Sariñana, D-Albuquerque, Dayan Hochman-Vigil, D-Albuquerque, and Kathleen Cates, D-Rio Rancho.
HB 140, which would allow the Environmental Improvement Board to undertake a rulemaking classifying PFAS as hazardous waste, also cleared the committee on Saturday. HB 140 is sponsored by Rep. Christine Chandler, D-Los Alamos. Chandler represents the community of La Cieneguilla, which is located south of Santa Fe and struggles with high levels of PFAs in drinking water wells.
Kenney said HB 140 would allow the state to designate hazardous wastes without having to wait for the federal government to take those actions. The federal government was in the process of designating some types of PFAS chemicals as hazardous when President Donald Trump took office. Kenney said he is optimistic that Trump’s administration will continue that rulemaking process.
Kenney outlined various health impacts associated with PFAS exposure including high cholesterol, learning disabilities and low birth weights.
“The ramifications are not just for this generation, but they’re for the next generation as well,” he said.