New Mexico 2025 Regular Session Status: Enacted 3 D cosponsors

HB 291 — RECYCLING & STATE'S CIRCULAR ECONOMY

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 05, 2025. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 11, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 56% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

477 added · 816 removed

Plain-language change summary

The proposed amendments to HB 291 refine the state’s approach to recycling and illegal dumping by officially incorporating the concept of a "circular economy" into the law's title and purpose. This change emphasizes sustainable practices that allow materials to be reused continuously, rather than discarded. Additionally, the amendments introduce a new requirement for the Environmental Improvement Board to establish procedures for individuals to suggest new rules and mandates a decision on whether to hold hearings within a set timeframe. These updates are significant as they enhance public participation in environmental governance and promote more sustainable waste management practices in New Mexico.

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HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 291 57TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2025 This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
AN ACT RELATING TO THE ENVIRONMENT;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
AMENDING THE RECYCLING AND ILLEGAL DUMPING ACT TO PROMOTE THE STATE'S CIRCULAR ECONOMY;
h g o AN ACT t hr g e i k RELATING TO THE ENVIRONMENT;
REQUIRING THE ENVIRONMENTAL IMPROVEMENT BOARD TO ADOPT REQUIREMENTS AND PROCEDURES FOR A PERSON TO SUBMIT RULES TO THE BOARD FOR ADOPTION;
AMENDING THE RECYCLING AND ILLEGAL h r i s DUMPING ACT TO PROMOTE THE STATE'S CIRCULAR ECONOMY;
REQUIRING THE BOARD TO DETERMINE WHETHER TO HOLD A HEARING WITHIN SIXTY DAYS.
REQUIRING h , t, THE ENVIRONMENTAL IMPROVEMENT BOARD TO ADOPT REQUIREMENTS AND e u g e b l e e h PROCEDURES FOR A PERSON TO SUBMIT RULES TO THE BOARD FOR n d d i = = o h ADOPTION;
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
REQUIRING THE BOARD TO DETERMINE WHETHER TO HOLD A l ] b ,d i a º e HEARING WITHIN SIXTY DAYS.
r i = r t e w d m a n o d m :
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e e a n e d r e l u [ A d HGEIC/HB 291 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SHORT TITLE.--[Sections 1 through 20 of this act] Chapter 74, Article 13 NMSA 1978 may be cited as the "Recycling, Circular Economy and Illegal Dumping Act"." SECTION 2.
SHORT TITLE.--Chapter 74, Article 13 NMSA 1978 may be cited as the "Recycling, Circular Economy and Illegal Dumping Act"." SECTION 2.
promote environmentally sound methods for reuse and recycling and to foster a circular economy ;
promote environmentally sound methods for reuse and recycling and to foster a circular economy;
create a statewide recycling and circular h economy alliance involving the cooperation of cities, counties, g o state agencies, tribal governments, land grant communities and t hr g e i k private business to encourage economic development, community h r i s development and collaboration that foster sustainable use of h , t, resources and increased recycling and that promote a circular e u g e b l e e h economy and a cleaner and healthier environment;
create a statewide recycling and circular economy alliance involving the cooperation of cities, HGEIC/HB 291/a Page 1 counties, state agencies, tribal governments, land grant communities and private business to encourage economic development, community development and collaboration that foster sustainable use of resources and increased recycling and that promote a circular economy and a cleaner and healthier environment;
and n d d i = = o h D.
and D.
enhance and coordinate existing highway litter l ] b ,d i a º e control and removal and recycling efforts that include the r i = r t e w d m a n o recycling of tires, glass, plastic, metal, paper products, d m :
enhance and coordinate existing highway litter control and removal and recycling efforts that include the recycling of tires, glass, plastic, metal, paper products, electronic waste and construction and demolition materials." SECTION 3.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 2 - e a n e d r e l u [ A d HGEIC/HB 291 electronic waste and construction and demolition materials." SECTION 3.
"circular economy" means an economy that uses a h systems-focused approach and involves industrial processes and g o economic activities that:
"circular economy" means an economy that uses a HGEIC/HB 291/a Page 2 systems-focused approach and involves industrial processes and economic activities that:
t hr g e (1) are restorative or regenerative by design;
(1) are restorative or regenerative by design;
i k h r i s (2) enable resources used in such processes h , t, and activities to maintain their highest values for as long as e u g e b l possible;
(2) enable resources used in such processes and activities to maintain their highest values for as long as possible;
and e e h n d d i (3) aim for the elimination of waste through = = o h l ] b ,d i a º e the superior design of materials, products and systems, r i = r t e w d including business models;
and (3) aim for the elimination of waste through the superior design of materials, products and systems, including business models;
m a n o d m :
F.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 3 - e a n e d r e l u [ A d HGEIC/HB 291 F.
[F.
G.
] G.
[G.
H.
] H.
"cooperative association" means a refuse disposal district created pursuant to the Refuse Disposal Act, a sanitation district created pursuant to the Water and Sanitation District Act, a special district created pursuant to the Special District Procedures Act or other associations created pursuant to the Joint Powers Agreements Act or the HGEIC/HB 291/a Page 3 Solid Waste Authority Act;
"cooperative association" means a refuse disposal district created pursuant to the Refuse Disposal Act, a sanitation district created pursuant to the Water and Sanitation District Act, a special district created pursuant to the Special District Procedures Act or other associations created pursuant to the Joint Powers Agreements Act or the Solid Waste Authority Act;
I.
h [H.
"department" means the department of environment;
] I.
J.
"department" means the department of g o environment;
"dispose" means to deposit scrap tires or solid waste into or on any land or water;
t hr g e i k [I.
K.
] J.
"household" means any single and multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground or day-use recreation area;
"dispose" means to deposit scrap tires or h r i s solid waste into or on any land or water;
L.
h , t, [J.
"illegal dumping" means disposal of trash, scrap tires or any solid waste in a manner that violates the Solid Waste Act or the Recycling, Circular Economy and Illegal Dumping Act;
] K.
M.
"household" means any single and multiple e u g e b l e e h residence, hotel or motel, bunkhouse, ranger station, crew n d d i = = o h quarters, campground, picnic ground or day-use recreation area;
"illegal dumpsite" means a place where illegal dumping has occurred, except as stated in Subsection A of Section 74-13-4 NMSA 1978;
l ] b ,d i a º e [K.
N.
] L.
"market development" means activities to expand or create markets for recyclable and reusable materials that foster a circular economy;
"illegal dumping" means disposal of trash, r i = r t e w d scrap tires or any solid waste in a manner that violates the m a n o d m :
O.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 4 - e a n e d r e l u [ A d HGEIC/HB 291 Solid Waste Act or the Recycling, Circular Economy and Illegal Dumping Act;
[L.
] M.
Show all 160 changed rows (120 more)
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"illegal dumpsite" means a place where illegal dumping has occurred except as stated in Subsection A of Section [4 of the Recycling and Illegal Dumping Act ] 74-13-4 NMSA 1978;
[M.
] N.
"market development" means activities to expand or create markets for recyclable and reusable materials that foster a circular economy ;
[N.
] O.
[O.
P.
] P.
"processing" means techniques to change HGEIC/HB 291/a Page 4 physical, chemical or biological character or composition of solid waste but does not include composting, transformation or open burning;
"processing" means techniques to change physical, chemical or biological character or composition of h solid waste but does not include composting, transformation or g o open burning;
Q.
t hr g e [P.
"recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products;
] Q.
R.
"recycling" means any process by which i k h r i s recyclable materials are collected, separated or processed and h , t, reused or returned to use in the form of raw materials or e u g e b l products;
"reuse" means the return of a commodity into the economic stream without a change to its original form;
e e h n d d i [Q.
S.
] R.
"reuse" means the return of a commodity = = o h l ] b ,d i a º e into the economic stream without a change to its original r i = r t e w d form;
m a n o d m :
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 5 - e a n e d r e l u [ A d HGEIC/HB 291 [R.
] S.
[S.
T.
] T.
[T.
U.
] U.
"scrap tire generator" means a person who generates scrap tires, including retail tire dealers, retreaders, scrap tire processors, automobile dealers, automobile salvage yards, private company vehicle maintenance shops, garages, service stations and city, county and state government but does not include persons who generate scrap tires in a household or in agricultural operations;
"scrap tire generator" means a person who generates scrap tires, including retail tire dealers, retreaders, scrap tire processors, automobile dealers, automobile salvage yards, private company vehicle maintenance shops, garages, service stations and city, county and state government, but does not include persons who generate scrap tires in a household or in agricultural operations;
V.
[U.
"scrap tire hauler" means a person who transports scrap tires for hire for the purpose of recycling, disposal, transformation or use in a civil engineering HGEIC/HB 291/a Page 5 application;
] V.
W.
"scrap tire hauler" means a person who transports scrap tires for hire for the purpose of recycling, disposal, transformation or use in a civil engineering h application;
"secretary" means the secretary of environment;
g o [V.
X.
] W.
"tire" means a continuous solid or pneumatic rubber covering that encircles the wheel of a motor vehicle;
"secretary" means the secretary of t hr g e i k environment;
Y.
h r i s [W.
"tire-derived fuel" means whole or chipped tires that produce a low sulfur, high-heating-value fuel;
] X.
Z.
"tire" means a continuous solid or h , t, pneumatic rubber covering that encircles the wheel of a motor e u g e b l e e h vehicle;
"tire-derived product" means a usable product produced from the processing of a scrap tire but does not include baled tires;
n d d i = = o h [X.
AA.
] Y.
"tire-derived fuel" means whole or chipped l ] b ,d i a º e tires that produce a low sulfur, high-heating-value fuel;
r i = r t e w d [Y.
] Z.
"tire-derived product" means a usable m a n o d m :
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 6 - e a n e d r e l u [ A d HGEIC/HB 291 product produced from the processing of a scrap tire but does not include baled tires;
[Z.] AA.
and [AA.
and BB.
] BB.
(2) the premises of a tire retreading business, if no more than three thousand scrap tires are kept h on the premises at one time;
(2) the premises of a tire retreading business, if no more than three thousand scrap tires are kept on the premises at one time;
g o (3) premises where tires are removed from t hr g e motor vehicles in the ordinary course of business, if no more i k h r i s than five hundred scrap tires are kept on the premises at one h , t, time;
HGEIC/HB 291/a Page 6 (3) premises where tires are removed from motor vehicles in the ordinary course of business, if no more than five hundred scrap tires are kept on the premises at one time;
e u g e b l (4) a solid waste facility having a valid e e h n d d i permit or registration issued pursuant to the provisions of the = = o h l ] b ,d i a º e Solid Waste Act or regulations adopted pursuant to that act or r i = r t e w d registration issued pursuant to the Environmental Improvement m a n o d m :
(4) a solid waste facility having a valid permit or registration issued pursuant to the provisions of the Solid Waste Act or regulations adopted pursuant to that act or registration issued pursuant to the Environmental Improvement Act;
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 7 - e a n e d r e l u [ A d HGEIC/HB 291 Act;
The positions of "recycling and waste reduction coordinator" and "circular economy coordinator" are created in the department and shall be funded from the recycling and h illegal dumping fund." g o SECTION 5.
The positions of "recycling and waste reduction coordinator" and "circular economy coordinator" are created in the department and shall be funded from the recycling and illegal dumping fund." HGEIC/HB 291/a Page 7 SECTION 5.
Section 74-13-7 NMSA 1978 (being Laws 2005, t hr g e i k Chapter 171, Section 7) is amended to read:
Section 74-13-7 NMSA 1978 (being Laws 2005, Chapter 171, Section 7) is amended to read:
h r i s "74-13-7.
"74-13-7.
RECYCLING, CIRCULAR ECONOMY AND ILLEGAL DUMPING h , t, ALLIANCE.-- e u g e b l e e h A.
RECYCLING, CIRCULAR ECONOMY AND ILLEGAL DUMPING ALLIANCE.-- A.
The "recycling, circular economy and illegal n d d i = = o h dumping alliance" is created and is [comprised ] composed of one l ] b ,d i a º e member from each of the following:
The "recycling, circular economy and illegal dumping alliance" is created and is composed of one member from each of the following:
r i = r t e w d m a n o (1) state government;
(1) state government;
d m :
(2) local government;
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 8 - e a n e d r e l u [ A d HGEIC/HB 291 (2) local government;
(1) develop strategies to increase recycling, h foster the circular economy and decrease illegal dumping in New g o Mexico;
(1) develop strategies to increase recycling, foster the circular economy and decrease illegal HGEIC/HB 291/a Page 8 dumping in New Mexico;
t hr g e (2) create a state [recycling ] circular i k h r i s economy plan, as a component of the New Mexico solid waste h , t, management plan, to establish programs and goals and update the e u g e b l [plan] plans every three years to measure progress and modify e e h n d d i strategies;
(2) create a state circular economy plan, as a component of the New Mexico solid waste management plan, to establish programs and goals and update the plans every three years to measure progress and modify strategies;
and = = o h l ] b ,d i a º e (3) review and make recommendations for r i = r t e w d funding grant applications from the recycling and illegal m a n o d m :
and (3) review and make recommendations for funding grant applications from the recycling and illegal dumping fund." SECTION 6.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 9 - e a n e d r e l u [ A d HGEIC/HB 291 dumping fund." SECTION 6.
h D.
D.
financial assurance criteria for tire recycling g o facilities;
financial assurance criteria for tire recycling facilities;
t hr g e i k E.
HGEIC/HB 291/a Page 9 E.
fire rules for storage of scrap tires and h r i s tire-derived products that are consistent with the rules or h , t, recommendations adopted by the state fire marshal;
fire rules for storage of scrap tires and tire-derived products that are consistent with the rules or recommendations adopted by the state fire marshal;
e u g e b l e e h F.
F.
criteria and procedures for making disbursements n d d i = = o h pursuant to grant and loan programs authorized from the l ] b ,d i a º e recycling and illegal dumping fund;
criteria and procedures for making disbursements pursuant to grant and loan programs authorized from the recycling and illegal dumping fund;
r i = r t e w d m a n o G.
G.
requirements and procedures for contracting with d m :
requirements and procedures for contracting with counties, municipalities, Indian nations, pueblos and tribes, land grant communities and cooperative associations for the abatement of illegal dumpsites and recycling;
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 10 - e a n e d r e l u [ A d HGEIC/HB 291 counties, municipalities, Indian nations, pueblos and tribes, land grant communities and cooperative associations for the abatement of illegal dumpsites and recycling;
[and ] J.
J.
The board shall determine whether to hold a hearing within sixty days of h submission of a proposed rule." g o SECTION 7.
The board shall determine whether to hold a hearing within sixty days of submission of a proposed rule." SECTION 7.
Section 74-13-10 NMSA 1978 (being Laws 2005, t hr g e Chapter 171, Section 10) is amended to read:
Section 74-13-10 NMSA 1978 (being Laws 2005, HGEIC/HB 291/a Page 10 Chapter 171, Section 10) is amended to read:
i k h r i s "74-13-10.
"74-13-10.
SOLID WASTE PERMIT EXEMPTION.--A person h , t, operating a tire recycling facility under a permit issued e u g e b l pursuant to the Recycling, Circular Economy and Illegal Dumping e e h n d d i Act shall not be required to obtain a permit for that facility = = o h l ] b ,d i a º e pursuant to the Solid Waste Act." r i = r t e w d SECTION 8.
SOLID WASTE PERMIT EXEMPTION.--A person operating a tire recycling facility under a permit issued pursuant to the Recycling, Circular Economy and Illegal Dumping Act shall not be required to obtain a permit for that facility pursuant to the Solid Waste Act." SECTION 8.
Section 74-13-11 NMSA 1978 (being Laws 2005, m a n o d m :
Section 74-13-11 NMSA 1978 (being Laws 2005, Chapter 171, Section 11) is amended to read:
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 11 - e a n e d r e l u [ A d HGEIC/HB 291 Chapter 171, Section 11) is amended to read:
Whenever the secretary determines that a person h has violated or is violating any requirement or prohibition of g o the Recycling, Circular Economy and Illegal Dumping Act, a rule t hr g e i k adopted pursuant to that act or a condition of a permit issued h r i s pursuant to that act, the secretary may:
Whenever the secretary determines that a person has violated or is violating any requirement or prohibition of the Recycling, Circular Economy and Illegal Dumping Act, a HGEIC/HB 291/a Page 11 rule adopted pursuant to that act or a condition of a permit issued pursuant to that act, the secretary may:
h , t, (1) issue a compliance order stating with e u g e b l e e h reasonable specificity the nature of the violation and n d d i = = o h requiring compliance immediately or within a specified time l ] b ,d i a º e period or assessing a civil penalty for any past or current r i = r t e w d m a n o violation or both;
(1) issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period or assessing a civil penalty for any past or current violation or both;
and d m :
and (2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 12 - e a n e d r e l u [ A d HGEIC/HB 291 (2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction.
A compliance order issued pursuant to this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a public h hearing.
A compliance order issued pursuant to this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a public hearing.
Upon a request, the secretary promptly shall conduct g o a public hearing.
Upon a request, the secretary promptly shall HGEIC/HB 291/a Page 12 conduct a public hearing.
The secretary shall appoint an independent t hr g e hearing officer to preside over the public hearing.
The secretary shall appoint an independent hearing officer to preside over the public hearing.
The i k h r i s hearing officer shall make and preserve a complete record of h , t, the proceedings and forward a recommendation to the secretary, e u g e b l who shall make the final decision.
The hearing officer shall make and preserve a complete record of the proceedings and forward a recommendation to the secretary, who shall make the final decision.
e e h n d d i E.
E.
The secretary may seek enforcement of the order = = o h l ] b ,d i a º e by filing an action for enforcement in the district court.
The secretary may seek enforcement of the order by filing an action for enforcement in the district court.
r i = r t e w d F.
F.
Upon request of a party, the secretary may issue m a n o d m :
Upon request of a party, the secretary may issue subpoenas for the attendance and testimony of witnesses at the hearing and for the production of relevant documents.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 13 - e a n e d r e l u [ A d HGEIC/HB 291 subpoenas for the attendance and testimony of witnesses at the hearing and for the production of relevant documents.
The board shall implement a field citation program by adopting rules establishing appropriate minor h violations for which field citations assessing civil penalties g o not to exceed one thousand dollars ($1,000) per day of t hr g e i k violation may be issued by local government authorities or h r i s employees of the department as designated by the secretary.
The board shall implement a field citation program by adopting rules establishing appropriate minor HGEIC/HB 291/a Page 13 violations for which field citations assessing civil penalties not to exceed one thousand dollars ($1,000) per day of violation may be issued by local government authorities or employees of the department as designated by the secretary.
h , t, B.
B.
A field citation issued pursuant to this section e u g e b l e e h shall be final unless the person named in the citation files a n d d i = = o h written request for a public hearing with the secretary no l ] b ,d i a º e later than fifteen days after the date on which the field r i = r t e w d m a n o citation is served on the person, in which case the enforcement d m :
A field citation issued pursuant to this section shall be final unless the person named in the citation files a written request for a public hearing with the secretary no later than fifteen days after the date on which the field citation is served on the person, in which case the enforcement of the field citation shall be suspended pending the issuance of a final order of the secretary after a public hearing.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 14 - e a n e d r e l u [ A d HGEIC/HB 291 of the field citation shall be suspended pending the issuance of a final order of the secretary after a public hearing.
In determining the amount of a penalty to be assessed pursuant to this section, the secretary or the person issuing a field citation shall take into account the seriousness of the violation, good-faith efforts of the h violator to comply with the applicable requirements of the g o Recycling, Circular Economy and Illegal Dumping Act or rules t hr g e issued pursuant to its provisions and other relevant i k h r i s factors.
In determining the amount of a penalty to be HGEIC/HB 291/a Page 14 assessed pursuant to this section, the secretary or the person issuing a field citation shall take into account the seriousness of the violation, good-faith efforts of the violator to comply with the applicable requirements of the Recycling, Circular Economy and Illegal Dumping Act or rules issued pursuant to its provisions and other relevant factors.
h , t, E.
E.
In connection with a proceeding pursuant to this e u g e b l section, the secretary may issue subpoenas for the attendance e e h n d d i and testimony of witnesses and the production of relevant = = o h l ] b ,d i a º e papers, books and documents and may adopt rules for discovery." r i = r t e w d SECTION 11.
In connection with a proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents and may adopt rules for discovery." SECTION 11.
Section 74-13-15 NMSA 1978 (being Laws 2005, m a n o d m :
Section 74-13-15 NMSA 1978 (being Laws 2005, Chapter 171, Section 15) is amended to read:
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 15 - e a n e d r e l u [ A d HGEIC/HB 291 Chapter 171, Section 15) is amended to read:
JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS.--A person adversely affected by an administrative action taken by the secretary pursuant to the provisions of the Recycling, Circular Economy and Illegal Dumping Act may appeal the action pursuant to Section 39-3-1.1 NMSA 1978." SECTION 12.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS.-- A person adversely affected by an administrative action taken by the secretary pursuant to the provisions of the Recycling, Circular Economy and Illegal Dumping Act may appeal the action pursuant to Section 39-3-1.1 NMSA 1978." SECTION 12.
A person who knowingly violates Section [4 of the Recycling and Illegal Dumping Act] 74-13-4 NMSA 1978:
A person who knowingly violates Section 74-13-4 NMSA 1978:
(1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
(1) is guilty of a misdemeanor if the HGEIC/HB 291/a Page 15 violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;
or h (2) is guilty of a fourth degree felony if the g o violation involves a quantity of scrap tires or tire-derived t hr g e i k products that is five thousand pounds or greater and shall be h r i s sentenced pursuant to the provisions of Section 31-18-15 NMSA h , t, 1978.
or (2) is guilty of a fourth degree felony if the violation involves a quantity of scrap tires or tire-derived products that is five thousand pounds or greater and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
e u g e b l e e h B.
B.
A person who knowingly omits any substantive n d d i = = o h information or knowingly makes a false substantive statement or l ] b ,d i a º e representation required pursuant to the Recycling, Circular r i = r t e w d m a n o Economy and Illegal Dumping Act or rule adopted pursuant to the d m :
A person who knowingly omits any substantive information or knowingly makes a false substantive statement or representation required pursuant to the Recycling, Circular Economy and Illegal Dumping Act or rule adopted pursuant to the provisions of that act is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978." SECTION 13.
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 16 - e a n e d r e l u [ A d HGEIC/HB 291 provisions of that act is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978." SECTION 13.
A municipality, county, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority that meets eligibility requirements established by the board may apply for a grant for providing funds to public landfills to offset the cost of collecting or recycling of tires, [or submit a competitive bid for a loan or contract for development costs or operating costs to establish a recycling facility] purchase equipment, perform marketing, purchase products produced by a recycling facility, provide educational outreach, develop recycling infrastructure, abate illegal dumpsites or contract with vendors to promote recycling h u » r and to abate illegal dumpsites consistent with provisions of t h g e the Recycling, Circular Economy and Illegal Dumping Act.
A municipality, county, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority that meets eligibility requirements established by the board may apply for a grant for providing funds to public landfills to offset the cost of collecting or recycling of tires, purchase equipment, perform marketing, HGEIC/HB 291/a Page 16 purchase products produced by a recycling facility, provide educational outreach, develop recycling infrastructure, abate illegal dumpsites or contract with vendors to promote recycling and to abate illegal dumpsites consistent with provisions of the Recycling, Circular Economy and Illegal Dumping Act.
l i h r Hfl1º[The first priority for funding shall be abatement of i s h , e h illegal scrap tire dumpsites and the recycling of scrap t u g e b l tires.»Hfl1 Hfl1ºThe first priority for funding shall be e e , gh n d d i abatement of illegal scrap tire dumpsites and the recycling of = = o h l ] b ,d i a º r scrap tires.»Hfl1 e r = t e w d Hfl1º [»Hfl1 B.
The first priority for funding shall be abatement of illegal scrap tire dumpsites and the recycling of scrap tires.
A grant, loan or contract for m a n o d m :
B.
b r e t º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 17 - e a n e d r e l u [ A d HGEIC/HB 291 processing shall not be awarded pursuant to the Recycling and Illegal Dumping Act to a person who receives less than ninety- five percent of recyclable materials from sources in New Mexico.
Nothing in this section prohibits a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action." SECTION 14.
C.] B.
Nothing in this section prohibits a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action.
[D.
At least two-thirds of budgeted grant money in each fiscal year shall be allocated to tire abatement and recycling programs, and one-third of budgeted grant money in each fiscal year shall be allocated to abatement of illegal dumping and recycling of other solid wastes.]" SECTION 14.
RECYCLING AND ILLEGAL DUMPING FUND CREATED.-- h The "recycling and illegal dumping fund" is created in the g o state treasury.
RECYCLING AND ILLEGAL DUMPING FUND CREATED.--The "recycling and illegal dumping fund" is created in the state treasury.
Fees and penalties collected pursuant to the t hr g e i k Recycling, Circular Economy and Illegal Dumping Act shall be h r i s deposited into the fund.
Fees and penalties collected pursuant to the Recycling, Circular Economy and Illegal Dumping Act shall be deposited into the fund.
Money in the fund is appropriated to h , t, the department for [abatement of illegal dumpsites;
Money in the fund is appropriated to the department for carrying out the provisions of the Recycling, Circular Economy and Illegal Dumping Act.
for e u g e b l e e h processing, transportation or recycling of all recyclable n d d i = = o h materials and scrap tires;
for providing funds to public l ] b ,d i a º e landfills in New Mexico to offset the cost of collecting or r i = r t e w d m a n o recycling of tires;
and for] carrying out the provisions of the d m :
b e d s º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e - 18 - e a n e d r e l u [ A d HGEIC/HB 291 Recycling, Circular Economy and Illegal Dumping Act.
Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's designee." - 19 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
Disbursements from the fund shall be by warrant drawn HGEIC/HB 291/a Page 17 by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary's designee." HGEIC/HB 291/a Page 18 5 7 9 25
b r e t º o t n = .231085.1AIC March 3, 2025 (5:35pm) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed Senate

  3. withdrawn from committee

  4. DO PASS committee report adopted

  5. Sent to Senate Conservation Committee & Senate Finance Committee

  6. passed House

  7. floor substitute adopted (1 amendment)

  8. DO NOT PASS, replaced with committee substitute

  9. DO PASS, as amended, committee report adopted

  10. Sent to House Energy, Environment and Natural Resources Committee & House Government, Elections and Indian Affairs Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment
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Frequently asked questions

Who sponsors HB 291?
HB 291 is sponsored by Jeff Steinborn (Democrat), Andrea Romero (Democrat), and Tara L. Lujan (Democrat).
What is the current status of HB 291?
This bill has been enacted into law. Introduced February 05, 2025. Enacted.
Where can I track HB 291?
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