HB 392 New Mexico House · 2025 Regular Session

SINGLE-USE PLASTIC BAG ACT

HB 392, the Single-Use Plastic Bag Act, would prohibit New Mexico retail establishments from providing single-use plastic bags for carrying purchased items, with exceptions for bulk products, takeout food with leakage risk, medical items, and other specific cases like live animal transport. Retailers could offer paper bags at a minimum 10-cent fee per bag (exempting low-income customers using SNAP or similar benefits), with 7 cents of each fee funding local waste reduction education programs. Local governments would enforce the ban, imposing penalties of up to $500 for a second violation and $1,000 for third or subsequent violations.

Issues: ✓ Environment

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 12, 2025 Last action Jun 3, 2025

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → EN substitute · 6 edits

MODERATE

This bill was amended to clarify definitions, expand exemptions for single-use plastic bags, and establish a fee structure for recycled paper bags. The changes ensure clearer rules for retailers while maintaining environmental protections through specific fee collection and enforcement mechanisms.

Scope change

The bill's scope remains focused on prohibiting single-use plastic bags but now includes more detailed definitions and expanded exceptions for specific use cases like bulk products, takeout food, and medical necessities.

DEFINITION

Updated definition of 'recycled content carryout bag' to 'recycled content paper bag' and added new definition for 'reusable carryout bag' requiring stitched handles.

EXEMPTIONS

Added nine specific exemptions for single-use plastic bags including use with loose/bulk products, prepared takeout food, prescription drugs, live animals, and toxic chemicals.

REQUIREMENT

Established a minimum 10-cent fee for recycled content paper bags with provisions for fee collection, retention, and remittance to municipalities or the state department.

ENFORCEMENT

Modified enforcement provisions to allow municipalities and counties to choose between injunctive relief or civil penalties, with escalating fines for repeat violations.

TIMELINE

Set January 1, 2026 as the effective date for the act and for the department to begin administering and enforcing the Single-Use Plastic Bag Act.

FISCAL

Created a recycling and illegal dumping fund to receive fees and civil penalties collected by the department.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 27, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Feb 12, 2025

Introduced

Sent to House Energy, Environment and Natural Resources Committee & House Commerce & Economic Development Committee

lower

5 primary · 0 co-sponsors