HB 311 New Mexico House · 2025 Regular Session

RECLAIMED WATER ACT

HB 311 creates a framework for establishing nonprofit "reclaimed water authorities" in New Mexico to manage treated wastewater for reuse. These authorities, created by county or municipal request, would oversee water quality standards, operate treatment facilities, sell reclaimed water to customers, and provide technical support to communities. The bill directly affects water treatment facilities, municipalities, counties, and businesses that use or distribute reclaimed water meeting state quality standards. Key provisions include requiring specific board member expertise (from water producers, wholesalers, and environmental fields), authorizing authorities to seek funding and issue fees, and mandating certification of water quality by the state.

Issues: ✓ Environment

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 5, 2025 Last action Jun 3, 2025

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → AA substitute · 8 edits

MODERATE

This bill introduces a new framework for creating Reclaimed Water Authorities in New Mexico to promote the use of treated wastewater for non-potable purposes. The changes establish a formal process for municipalities and counties to apply for authority creation, define key terms, and outline the powers and duties of these new nonprofit organizations. The bill also includes provisions for oversight, liability protection for officials, and mechanisms to identify and facilitate reclaimed water markets.

Scope change

The bill expands state involvement in water management by creating a new regulatory pathway for reclaimed water through newly authorized nonprofit authorities, rather than relying solely on existing municipal or county structures.

DEFINITION

Added comprehensive definitions for key terms including 'authority', 'board', 'jurisdiction', 'customer', 'department', 'municipality', 'participating member', 'reclaimed water', 'reclaimed water authority', 'reclaimed water producer', 'reclaimed water wholesaler', and 'retail water supplier'.

REQUIREMENT

Established a formal application process requiring municipalities or counties to submit detailed requests including names of proposed board members, officers, business plans, water sources, and jurisdictional areas.

Defined board composition with six voting members appointed by local officials, requiring specific professional experience in economic development, reclaimed water production, wholesaling, retail, and environmental studies.

Required authorities to provide quarterly reports to the department and economic development department, and to maintain a public list of interested parties in reclaimed water markets.

TIMELINE

Set a deadline requiring the department to approve or deny requests within sixty days and limited authority creation to ten requests before July 1, 2026.

FISCAL

Granted authorities the power to apply for federal and state funding, obtain loans, and make grants to promote reclaimed water use.

ENFORCEMENT

Provided immunity from liability for authority directors and officers unless they engage in willful misconduct or recklessness, and allowed authorities to purchase insurance for operational losses.

SCOPE

Authorized authorities to construct and operate facilities, enter into contracts for water transportation, and engage in regional water planning and educational programs.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 21, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Feb 5, 2025

Introduced

Sent to House Agriculture, Acequias & Water Resources Committee & House Judiciary Committee

lower

1 primary · 0 co-sponsors