HOUSE BILL 152
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Meredith A. Dixon and Kristina Ortez
AN ACT
RELATING TO THE ENVIRONMENT; ENACTING THE ENVIRONMENTAL PRODUCT DECLARATION ACT; CREATING THE ENVIRONMENTAL PRODUCT DECLARATION PROGRAM; ENABLING THE DEPARTMENT OF ENVIRONMENT TO RECEIVE AND ANALYZE ENVIRONMENTAL PRODUCT DECLARATIONS; CREATING THE ENVIRONMENTAL PRODUCT DECLARATION FUND; MAKING A TRANSFER.
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 "Environmental Product Declaration Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Environmental Product Declaration Act:
A. "covered material" includes:
(1) concrete and concrete mixtures, including ready-mix concrete, shotcrete, precast concrete and concrete masonry units;
(2) cement;
(3) asphalt binder and asphalt mixtures;
(4) steel;
(5) glass;
(6) roofing materials;
(7) insulation materials;
(8) engineered wood; and
(9) aluminum;
B. "department" means the department of environment;
C. "embodied carbon" means the greenhouse gas emissions generated by the manufacturing, transportation, installation, maintenance and disposal of covered materials used in buildings, roads and other infrastructure;
D. "environmental product declaration" means a declaration that is independently verified, provides a life-cycle assessment of a product's global warming potential and facilitates a comparison of environmental impacts between products fulfilling the same function; and
E. "global warming potential" means the quantity of greenhouse gas emissions associated with a product expressed as the carbon dioxide equivalent.
SECTION 3. [NEW MATERIAL] ENVIRONMENTAL PRODUCT DECLARATION PROGRAM--CREATED--AUTHORITY--POWERS AND DUTIES.--
A. The "environmental product declaration program" is created in the department to enable the department to:
(1) assist manufacturers of covered materials with the creation of environmental product declarations that shall be shared with the department;
(2) receive and analyze data associated with a manufacturer's environmental product declarations; and
(3) research options for reducing embodied carbon in state construction projects.
B. The department shall administer the program.
C. The department may contract for services to assist manufacturers of covered materials with the creation of environmental product declarations that shall be shared with the department.
D. On or before January 1, 2027, the department shall promulgate rules to implement the Environmental Product Declaration Act, including rules on environmental product declaration verification and auditing procedures and on reporting requirements and formats.
E. No later than October 1, 2027 and October 1 every year thereafter, the department shall publish a report that includes:
(1) the number of environmental product declarations provided to the department, organized by type of covered material;
(2) the geographic distribution of manufacturing facilities;
(3) an assessment of the number of businesses within the state that manufacture covered materials and are equipped to issue environmental product declarations;
(4) an assessment of the progress made in creating environmental product declarations for covered materials;
(5) recommendations for reducing embodied carbon in state construction projects; and
(6) recommendations for program improvements.
SECTION 4. [NEW MATERIAL] ENVIRONMENTAL PRODUCT DECLARATIONS--REQUIREMENTS.--An environmental product declaration shall:
A. be product- or facility-specific, unless the department determines that only industry-average environmental product declarations are available for a particular covered material;
B. be independently verified;
C. facilitate a comparison of environmental impacts between products fulfilling the same function;
D. meet or exceed internationally recognized standards for environmental product declarations;
E. have been issued within five years of the date submitted to the department; and
F. include:
(1) a life-cycle assessment of a product's global warming potential;
(2) the manufacturing facility's location;
(3) the scope of life-cycle analysis;
(4) the date of issuance;
(5) the name and credentials of the independent verifier;
(6) the product's specifications and performance characteristics; and
(7) additional information the department deems necessary.
SECTION 5. [NEW MATERIAL] ENVIRONMENTAL PRODUCT DECLARATION FUND.--
A. The "environmental product declaration fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, income from investment of the fund and other money credited to the fund. The department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department to carry out the provisions of Subsection B of this section. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of environment.
B. Money in the fund may be used by the department to:
(1) contract for services to assist manufacturers of covered materials with the creation of environmental product declarations that shall be shared with the department; and
(2) administer the environmental product declaration program; provided that no more than ten percent of the balance of the fund each fiscal year shall be used for administrative costs.
SECTION 6. TRANSFER.--Five million dollars ($5,000,000) is transferred from the general fund to the environmental product declaration fund.
SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2026.
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