HOUSE BILL 409
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Kristina Ortez
AN ACT
RELATING TO ENERGY; ENACTING THE EFFICIENCY AND MERCURY STANDARDS FOR PRODUCTS AND LIGHTING FIXTURES ACT; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Efficiency and Mercury Standards for Products and Lighting Fixtures Act".
SECTION 2. [NEW MATERIAL] EFFICIENCY STANDARDS FOR PRODUCTS.--By July 1, 2026, the energy, minerals and natural resources department shall adopt rules to prohibit in New Mexico the sale, offering for sale, lease or rent of products listed in Subsection A of Section 3 of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act unless the products meet energy or water efficiency standards as adopted by the department. Such standards shall be adopted with an effort to be in alignment with similar standards adopted in other states. Any rulemaking pursuant to this section shall be conducted in accordance with the State Rules Act.
SECTION 3. [NEW MATERIAL] SCOPE.--
A. The provisions of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act apply to the following covered products:
(1) commercial dishwashers;
(2) commercial fryers;
(3) commercial hot-food holding cabinets;
(4) commercial ovens;
(5) commercial steam cookers;
(6) computers and computer monitors;
(7) computer server power supply units;
(8) faucets;
(9) gas fireplaces;
(10) portable electric spas;
(11) residential ventilating fans;
(12) residential water softeners;
(13) showerheads;
(14) spray sprinkler bodies;
(15) state-regulated battery charger systems;
(16) urinals;
(17) water closets; and
(18) water coolers.
B. The provisions of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act do not apply to:
(1) new products manufactured in New Mexico and sold outside New Mexico;
(2) new products manufactured outside New Mexico and sold at wholesale inside New Mexico for final retail sale and installation outside New Mexico;
(3) products installed in mobile manufactured homes at the time of construction; and
(4) products designed expressly for installation and use in recreational vehicles.
SECTION 4. [NEW MATERIAL] IMPLEMENTATION.--
A. On and after January 1, 2027, no new covered product listed in Subsection A of Section 3 of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act may be sold or offered for sale, lease or rent in New Mexico unless the new covered product meets or exceeds the requirements of the standards adopted pursuant to Section 2 of that act.
B. On and after January 1, 2028, no new covered product listed in Subsection A of Section 3 of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act may be installed for compensation in New Mexico unless the new covered product meets or exceeds the requirements of the standards adopted pursuant to Section 2 of that act.
SECTION 5. [NEW MATERIAL] NEW AND REVISED STANDARDS.--The energy, minerals and natural resources department may adopt rules in accordance with the State Rules Act to establish increased efficiency standards or updated testing procedures for the products listed in Subsection A of Section 3 of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act. The department may also establish standards for products not specifically listed in Subsection A of Section 3 of that act. In considering such new or amended standards, the department shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy or water conservation in New Mexico and would be cost effective for consumers who purchase and use such new products; provided that no new or increased efficiency standards shall become effective within one year following the adoption of any amended rules establishing such increased efficiency standards.
SECTION 6. [NEW MATERIAL] TESTING, CERTIFICATION, LABELING AND ENFORCEMENT.--As part of rules adopted pursuant to Section 2 of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act, the energy, minerals and natural resources department shall adopt provisions for the testing, certification and labeling of products listed in Subsection A of Section 3 of that act. Such provisions shall endeavor to align with similar requirements in other states.
SECTION 7. [NEW MATERIAL] POLLUTION STANDARDS--LIGHTING FIXTURES.--
A. By July 1, 2026, the energy, minerals and natural resources department shall adopt rules to prohibit the sale or offering for sale in New Mexico of general-purpose compact fluorescent lamps and general-purpose linear fluorescent lamps. Such rules shall be adopted to be in alignment with similar prohibitions adopted in other states. Any rulemakings conducted pursuant to this section shall be held in accordance with the State Rules Act.
B. On and after January 1, 2027, it shall be a violation of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act to offer for final sale, sell at final sale or distribute in New Mexico as a new manufactured product a general-purpose compact fluorescent lamp or general-purpose linear fluorescent lamp.
SECTION 8. [NEW MATERIAL] UTILITY-SPONSORED ENERGY EFFICIENCY PROGRAMS.--For a period of up to one year after the effective date of any applicable standard, utilities may continue to offer rebates and incentives to accelerate a market transition away from any covered products prohibited in the Efficiency and Mercury Standards for Products and Lighting Fixtures Act.
SECTION 9. [NEW MATERIAL] ENFORCEMENT--PENALTIES.--If the energy, minerals and natural resources department finds any person has committed a violation of any provision of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act, the department shall issue a warning to such person. Any person who commits the same violation after the issuance of such warning may be subject to a civil penalty, issued by the department, of up to one hundred dollars ($100) for each offense. Any further violations committed by such person after this second violation for the same offense may be subject to a civil penalty of not more than two hundred fifty dollars ($250) for each additional violation. Each covered product offered, sold or distributed in violation of the Efficiency and Mercury Standards for Products and Lighting Fixtures Act may constitute a separate violation, each violation may constitute a separate offense and each day that such violation occurs may constitute a separate offense.
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