1. A. The board shall adopt rules to:

   1. (1) exempt from the reporting requirements established pursuant to Section 5 [74-15-5 NMSA 1978] of the Per- and Poly-Fluoroalkyl Substances Protection Act any product that contains an intentionally added per- or poly-fluoroalkyl substance that is exempt pursuant to Subsection A of Section 3 [74-15-3 NMSA 1978]of that act or that has been designated as a currently unavoidable use;
   2. (2) create a series of ranges for the amount of a per- or poly-fluoroalkyl substance in a product that contains an intentionally added per- or poly-fluoroalkyl substance for reporting purposes unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act;
   3. (3) identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act; and

   4. (4) as pertaining to firefighting foam:

      1. (a) require a periodic inventory of firefighting foam quantities stored or used in New Mexico;
      2. (b) require the use of firefighting foam for emergency purposes only; and
      3. (c) require the cleanup of discarded firefighting foam pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978].
2. For purposes of this subsection, "emergency purposes" does not include training or the use of firefighting foam in fire suppression systems.

3. B. The board may:

   1. (1) adopt rules to carry out the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act, including requiring the labeling of products in English and Spanish; and
   2. (2) determine that a product containing intentionally added per- or poly-fluoroalkyl substances are a currently unavoidable use based on determinations made by other states.

History: Laws 2025, ch. 102, § 4.

ANNOTATIONS

Effective dates. — Laws 2025, ch. 102 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2025, 90 days after adjournment of the legislature.