The New Mexico Environment Department is seeking public input as it reviews exemptions under the state’s Per- and Polyfluoroalkyl Substances Protection Act.
The department held a webinar on August 18, 2026, explaining how residents and stakeholders can participate in the ongoing state review process.
The review stems from House Joint Memorial 3, which the New Mexico legislature passed on February 18, 2026, requesting the development of two separate reports.
The first report, to be prepared by the New Mexico Environmental Improvement Board, will examine the implementation of the PFAS Protection Act, including the efficacy of rules the board has already promulgated under that legislation.
The second report, prepared by NMED in consultation with other state agencies, will assess the public health, environmental, and economic risks tied to the act’s existing exemptions.
That second report must also provide recommendations to the legislature on whether exemptions, including the fluoropolymer exemption, should be continued, modified, or removed entirely.
Current exemptions under the PFAS Protection Act cover products governed by preemptive federal law, FDA-regulated medical devices and drugs, HVAC equipment, products designated as currently unavoidable uses, and solid products containing fluoropolymers with specific polymer backbone structures.
NMED opened a public comment portal on August 18, 2026, alongside the webinar, giving residents a direct channel to shape the findings of the HJM 3 reports.
The webinar covered the current regulatory landscape for PFAS in consumer products, the scope of the legislature’s request under HJM 3, and the various ways the public can provide meaningful input.
In its August 7, 2026, announcement, NMED noted that the 2026 final rule implementing the PFAS Protection Act requires educational labels on many consumer products sold in New Mexico that contain intentionally added PFAS, while phasing out other such products.
NMED is scheduled to present preliminary findings to the Radiation and Hazardous Waste Interim Committee on November 5, 2026, ahead of a broader legislative deadline.
House Joint Memorial 3 also requests that preliminary findings be submitted to the appropriate interim legislative committees on or before December 1, 2026.
The final report is due to the Governor and the legislature no later than August 1, 2027, giving state agencies roughly a year to complete their full assessment.
“The reports requested under House Joint Memorial 3 will help guide future regulatory, legislative and administrative actions, and public input will be critical to determining what comes next,” Environment Secretary James Kenney said in a statement.