HB 140 New Mexico House · 2025 Regular Session

"HAZARDOUS WASTE CONSTITUENT" DEFINITION

HB 140 adds a formal definition of "hazardous waste constituent" to New Mexico's Hazardous Waste Act. This definition identifies specific chemicals meeting the hazardous waste criteria (per Section 74-4-3(K)) that the Environmental Improvement Board has determined require cleanup under the Act. The bill amends the board's duties to include identifying these constituents, ensuring consistent application of cleanup requirements. It directly affects the Environmental Improvement Board, waste handlers, and facilities managing hazardous substances by clarifying which materials trigger mandatory corrective actions. The change creates a standardized process but does not alter existing hazardous waste management rules.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Signed into Law

Apr 2025

Introduced Jan 28, 2025 Signed Apr 9, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

EN substitute → Final Version · 5 edits

MODERATE

This bill amends the definition of 'hazardous waste' in New Mexico law to include specific substances like per- and polyfluoroalkyl substances (PFAS) and to exclude certain materials from the hazardous waste classification. The changes expand regulatory oversight for PFAS while providing exemptions for common industrial and agricultural byproducts.

Scope change

The bill expands the scope of hazardous waste regulation to include PFAS substances while simultaneously narrowing the scope by excluding specific materials like drilling fluids, fly ash, and certain agricultural wastes from hazardous waste classification.

DEFINITION

Added a new definition for 'hazardous agricultural waste' to clarify that certain agricultural byproducts are excluded from hazardous waste status when returned to soil as fertilizer.

Added specific exclusions for drilling fluids, produced waters, fly ash, bottom ash, slag, flue gas emission control waste, mining waste, cement kiln dust, and agricultural crop wastes from the hazardous waste definition.

Added per- and polyfluoroalkyl substances (PFAS) to the list of materials designated as hazardous waste, expanding regulatory oversight for these chemicals.

Modified the definition of 'above ground storage tank' to clarify exclusions for farm, ranch, residential, and certain industrial storage facilities.

Added a sunset provision for federal hazardous waste designations that expire on July 1, 2025, unless the board determines they remain subject to federal regulation.

Floor votes · Senate Mar 20, 2025 · House Mar 6, 2025

How they voted

33–7

Passed

Total votes 40

Mar 20, 2025

D Democratic24

24 Yea

100% Yea

R Republican16

9 Yea 7 Nay

56% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 9, 2025

Signed into law

Signed

executive

Mar 20, 2025

Upper · Passed

passed Senate

upper

Mar 18, 2025

Upper · Passed

DO PASS committee report adopted

upper

Mar 10, 2025

Upper · Passed

DO PASS committee report adopted

upper

Mar 6, 2025

Upper · Passed

floor substitute adopted (1 amendment)

upper

Mar 6, 2025

Introduced

Sent to Senate Rules Committee & Senate Conservation Committee

upper

Mar 6, 2025

Lower · Passed

passed House

lower

Feb 15, 2025

Lower · Passed

DO PASS committee report adopted

lower

Feb 10, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 28, 2025

Introduced

Sent to House Energy, Environment and Natural Resources Committee & House Judiciary Committee

lower

2 primary · 0 co-sponsors