Summary:

  House Bill 409 (HB 409) enacts the Efficiency and Mercury Standards for Products and Lighting Fixtures Act and provides penalties. 

 

Legislation Overview:

 House Bill 409 (HB 409) enacts the Efficiency and Mercury Standards for Products and Lighting Fixtures Act. It requires the Energy, Minerals and Natural Resources Department (EMNRD) by 1 July 2026 to adopt rules prohibiting the sale, lease or rental of certain products listed in the Act unless they meet energy or water efficiency standards adopted by the EMNRD. It directs the EMNRD to align its standards with similar standards adopted in other states.
HB 409 lists eighteen products that would be prohibited ranging from commercial dishwashers; computer and computer monitors to water coolers. It excludes certain products from the act including new products manufactured in NM but sold out of state; new products manufactured outside of NM and sold at wholesale in NM with final sales or installations outside NM; products installed in mobile manufactured homes at the time of the construction; and products designed for use in recreational vehicles.
HB 409 sets deadlines of 1 January 2027 for the prohibition against sale, lease or rental of the products listed in this act; and 1 January 2028, for prohibitions against installation of these products for compensation in NM unless the products meet or exceed the standards adopted in accordance with this Act. It directs the EMNRD to adopt rules in accordance with the State Rules Act to establish increased efficiency standards or updated testing procedures for the products listed in the Act. It allows the EMNRD to establish efficiency standards for products not specifically listed in the Act. These increased efficiency standards must promote energy or water conservation and be cost effective for the consumers. HB 409 requires a minimum of one year before any adopted rule is effective. 
It requires the EMNRD to adopt provisions for the testing, certification and labeling of products listed in this Act and to have them align with similar requirements in other states.
HB 409 mandates that the EMNRD by 1 July 2026 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. Violations of this prohibition will be effective on or after 1 January 2027.
It allows utilities for a period of one year after the effective date of any applicable standard to continue to offer rebates and incentives to accelerate a transition away from the prohibited product.
HB 409 directs the EMNRD first to give a warning to a violator. If the violation continues, the EMNRD may impose a civil penalty of one hundred dollars ($100).  If there are further violations by that person for the same offense, the EMNRD may levy a civil penalty of two hundred fifty dollars ($250). Each sale, lease, rental or installation of a prohibited product or each day the violation occurs may be considered a separate offense.