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RECYCLING FACTS

Find out where you can recycle in your community.

Legislative Activity Regarding Recycling

NMRC serves as an advocacy organization, supporting positive recycling and waste reduction legislation.

Updated 2/22/10

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2010 NM Legislative Session

You may also check out the NM Legislature website at http://nmlegis.gov/lcs/default.aspx to follow bills.

Disposable Carry-Out Bag Tax Act HB133: Rep. Karen Giannini

The act imposes a $.05 fee on disposable carry-out bags, including plastic and kraft paper bags. Funds generated would benefit public schools, NM youth conservation corps and NM Environment Department. NMRC supports this bill.

Committee Assignments

House Business & Industry: Tabled 2/2/10

House Tax and Revenue:

Sustainable Schools SB84: Sen. Cisco McSorley

Requires that all new schools set aside funds in order to put into place a variety of optional sustainability practices, one of which is to place recycling receptacles. NMRC is taking a neutral position on this bill.

*Almost passed.

Plastic Bag Recycling Act HB59: Rep. Karen Giannini

Requires all stores larger than 7,000 sq ft with 3+ stores in NM to have a plastic bag receptacle in a visible location. Also places enforcement requirements and penalties. NMRC is taking a neutral position on this bill.

*Was not heard in committee.

Environmental Gross Receipts Tax Increase HB42: Rep. Rudy Martinez

This bill would increase the current 1/16% optional Environmental Gross Receipts Tax that a municipality can levy for solid waste, water, waste water, sewer and related systems, bringing it up to ½%. NMRC is taking a neutral position on this bill.

*Passed first committee.

Safe Paint Stewardship Act HB135: Rep. Karen Giannini

The bill creates a pilot paint reduce, reuse & recycling program hosted by NMED that assesses a fee on paint manufacturers to fund. NMRC is taking a neutral position on this bill.

*Was not heard in committee.

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2009 NM Legislative Session

For more detailed information on any of these bills please go to the NM Legislative Web Site at http://legis.state.nm.us/lcs/default.asp.

Key Bills NMRC is Supporting

Recycling Development Act HM 548

This bill, sponsored by Representative Jeff Steinborn, uses a solid waste tip fee as a funding mechanism to support a large-scale recycling grant program, recycling funds sent directly back to communities, recycling technical assistance, end-market assistance, and a statewide public education campaign. The fee is $.60/ton phased in over two years and would generate $2.2 million.

Committee Results:

House Business & Industry - Tabled 3/5

House Tax & Rev -

State Agency Recycling Annual Reporting SB2

This bill, sponsored by Senator Michael Sanchez, reinforces the requirement that state agencies and the legislature have recycling programs in place, adds materials to be recycled and shifts the reporting requirement to the General Services Division.

Committee Results:

Senate Conservation - 2/3/09 Passed

Senate Judiciary - Passed

Senate Floor - Passed 2/18/09

House Health & Government - Passed 3/4/09

House Business & Industry - Scheduled 3/19

Study Rubberized Asphalt HM6 - PASSED

This bill, sponsored by Representative Jeff Steinborn, requests the New Mexico Department of Transportation to convene a task force to evaluate the short and long-term costs and savings to use rubberized asphalt on state roads, as well as calculate environmental benefits.

Committee Results:

House Transportation - Passed 3/3/09

House Floor - Passed 3/5/09 MEMORIAL PASSED

County and Municipal Recycling Programs (formerly Beverage Container Recycling Act) SB1

This bill, sponsored by Senator Michael Sanchez, was initially crafted as a bottle bill with a $.10 deposit on most beverage containers. Before the first committee hearing, a substitute bill was submitted in its place. This new substitute bill requires all counties and cities to have recycling in place by December 31, 2009, registering with the environmental improvement board. The bill includes approximately $600,000 in grant monies for recycling. Twenty-five percent of the Litter Control & Beautification Funds (New Mexico Clean & Beautiful, Tourism Department) would be earmarked for recycling and 75% of the Recycling and Illegal Dumping Act funds would go directly to recycling and illegal dumping (leaving 25% for tire recycling projects).

Committee Results:

Senate Conservation - 2/3/09 Passed

Senate Judiciary - 3/4/09 Passed

Senate Floor - Passed 3/7/09

House Energy & Natural Resources -

Green Jobs Bonding Act HB622

This bill, sponsored by Speaker of the House Ben Lujan, creates a fund allocated to creating new green jobs training programs. Recycled-content manufacturing, recycling, composting and construction and demolition re-use projects are identified as green job industries.

Committee Results:

House Business and Industry - 2/24/09 Passed

House Tax & Revenue - Passed

House Floor - Passed

Senate Committees -

Severance Tax Investment in Green Industries SB420

This bill, sponsored by Senator Eric Griego, allocates a portion of the state severance tax fund to be used to invest in green industry development. Recycled-content manufacturing, recycling, composting and construction and demolition re-use projects are identified as green job industries.

Committee Results:

Senate Conservation - 2/24/09 Passed

Senate Finance - Passed

Senate Floor - Passed

House Business and Industry - Scheduled 3/19

Development Training Funds for Green Jobs SB318

This bill, sponsored by Senator Eric Griego, directs some of the current funding for job training towards the green job sector. Recycled-content manufacturing, recycling, composting and construction and demolition re-use projects are identified as green job industries.

Committee Results:

Senate Committees - Passed

Senate Floor - Passed

House Health & Govt - Passed

House Appropriations - Passed

House Floor - On Schedule

Other Recycling or Solid Waste Bills That We Are Watching

SM60: Maximize Use of Biodegradable Wood Chips more

SB643: Solid Waste Act Permit Fees more

HB824: Solid Waste Act Permit Fees more

HB636: Car Registration Surcharge & Distribution more

HB281: South Valley Bicycle Recycling Program more

2) HB402: Albuquerque Community Bicycle Program more

3) HB337: Water and Sanitation District Revenue and Info. more

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2008 NM Legislative Session

Key Bills NMRC Supported

Support Community Recycling Efforts

This is a memorial brought in by NMRC and is sponsored by Rep. Joni Marie Gutierrez from Las Cruces. It asks the NM Environment Department to work with NMRC to develop funding mechanisms to support local recycling programs with significant grants and technical support. It also asks NM Economic Development, NM Tax & Revenue and the Office of the Governor to work with NMRC to develop business incentives for recycled-content manufacturers and recycling processors. NMED, Conservation Voters NM, Dairy Producers of NM and Dell have stood up to support in committee. NM SWANA and UNM Wild Friends have expressed support for the bill as well.

HJM19 - Rep. Joni Marie Gutierrez - Failed

House Energy and Natural Resources Committee - Passed 1/25

House Floor - Passed 1/29

Senate Rules Committee - Passed 2/10

Senate Conservation Committee - 2/11 failed 5-4 vote

State Electronics Procurement and Recycling

This memorial is sponsored by Sen. Dede Feldman of Albuquerque. Sen Feldman has been a champion of both recycling and e-waste issues. The memorial is brought in with support from NMRC, NMED, NM Conservation Voters, Dell, NM SWANA, General Services Division and the NM E-waste Stakeholders group. The bill directs NMED to host a new stakeholder group to develop environmentally-preferable electronics purchasing and disposal guidelines for the state purchasing department to use for all state agencies.

SJM11 - Sen. Dede Feldman - PASSED

Senate Rules - Passed 1/30

Senate Conservation - Passed 2/5

Senate Floor - Scheduled for 2/8

House Energy and Natural Resources - Passed 2/11

House Floor - Passed 2/11

Expand State Capital Recycling

This memorial is sponsored by Sen. Michael Sanchez from Belen and is brought in by the UNM Wild Friends program. This is a youth program of students age 10-18 that select a bill topic each year. This year they wanted to tie in recycling as a way to conserve our wild life. The memorial asks for the state capitol to set-up a full-fledged recycling program and to lead by example.

SJM20 - Sen. Michael Sanchez - PASSED

Senate Rules - Passed 1/23

Senate Public Affairs - Passed 1/29

Senate Floor - Passed 1/31

House Business and Industry - Passed 2/7

House Floor - Passed 2/10

Other Recycling and Solid Waste Related Bills

NMFA Economic Development Fund Projects

Loan funds available to many projects around the state, one of which is for a "Recycling and Manufacturing Plant in McKinley County".

HB245 - Rep. Daniel Silva

General Appropriations Act

Includes line item #50 for $3 million for the Solid Waste Facility Grant Fund

SB78

HB7

Community Bicycle Donation and Repair Program

HB329 - Rep. Miguel Garcia

Sale of Recycled Metals Act

This bill deals with the punitive and tracking aspects of stolen recycleable metals.

SB281- Sen. Phil Griego - PASSED with amendments

Resource and Energy Efficient Buildings

A structural renovation of a building financed to any extent under the Severance Tax Bonding Act shall include an upgrade or replacement, using green building practices, of at least two of the following building systems, if they originally exist:
(1) heating, ventilation and air conditioning;
(2) lighting; and
(3) water, plumbing, drainage and waste disposal.

SB 403 - Sen. Pete Campos

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2007 NM Legislative Session

The text of each bill is available below on the bill number hyperlink. Just click on the bill number you want to see text for.

Bills that Passed Relating to Recycling and Solid Waste:

Sustainable Building Tax Credits

This bill provides tax incentives for commercial and residential buildings to receive green building certification. Once certified the builder is able to receive tax credits. NMRC supports this bill because the green building accreditation process encourages jobsite recycling, material reuse and recycled-content products, as well as requires planning for where recyclables will be collected once the building is in operation.

HB 534 - Rep. Peter Wirth

SB 543 - Senator Dede Feldman

Penalties for Used Oil Violations SB266 - Senator Phil Griego

Create Surplus Property Bureau SB313 - Senator Phil Griego

Study Uses for Dairy Biomass SJM57 - Senator Mary Kay Papen

Water and Sanitation District Authority HB1032 - Rep. Gonzales

Bills That Did Not Pass

Local Recycling and Waste Collection Assistance

HB84/SB 193, sponsor by Rep. Jeanette Wallace and Senator Dede Feldman respectively. The act requests a $1 million general fund recurring appropriation starting in fiscal year 2008 to provide grant dollars to local communities for electronic waste and household hazardous waste collection events.

HB 84 - Representative Jeanette Wallace

House Business and Industry Committee - Passed

House Appropriations and Finance Committee - Passed

House Floor

SB 193 - Senator Dede Feldman

Senate Conservation Committee - Passed

Senate Finance Committee - Passed

Senate Floor

Coalition to Combat Illegal Dumping

House Joint Memorial 6. entitled "Requesting the Creation of a Coalition for a Clean NM to Combat Illegal Dumping Throughout the State" is sponsored by Representative Don Tripp.

House Energy and Natural Resources - Passed 1/29

House Floor - Passed 1/31

Senate Rules - Passed 2/14

Funding a Task Force on Illegal Dumping

HB180, entitled "Making an Appropriation to the Department of Environment to Pay for Expenses of a Task Force on Illegal Dumping", also sponsored by Rep. Don Tripp asks for a one-time $100,000 general fund appropriation.

HB180 - Rep. Don Tripp

House Health and Government Affairs - Passed

House Appropriations and Finance Committee - Passed

House Floor

SB 939 - Sen. Dede Feldman

Senate Conservation Committee - Passed

Senate Finance Committee - Passed

Senate Floor

Solid Waste Facility Grant Fund

This bill requests a refresh of the Solid Waste Facility in the amount of $5 million to support smaller communities come into compliance with the Solid Waste regulations with infrastructure to close small landfills, update transfer stations and build recycling centers.

HB 440 - Rep. Jose Campos

House Health and Government Affairs Committee - Passed

House Appropriations and Finance - Passed

House Floor

Phone Directory and Unsolicited Mail Delivery

This bill is targeting source reduction and allowing for households to opt-out of receiving unsolicited phone book delivery to their home or business. NMRC has not taken a position on this bill, but is tracking it.

HB 700 - Rep. Peter Wirth

House Building and Industries Committee - Heard 2/15, will bring back to committee. No vote on 2/15. Rescheduled,

House Judiciary Committee

Consumer Information Technology Recycling Act

This bill requests computer manufacturers to be responsible for the collection and proper recycling of end-of-life equipment of their products.

SB 1184 - Sen. Mary Jane Garcia

SB1184 - Senate Public Affairs Substitute bill

Senate Public Affairs Committee - Passed

Senate Judiciary Committee - Passed

Senate Floor - Failed 20-17

NM as Energy Conservation Leader

The memorial includes a couple paragraphs on recycling: “Whereas, New Mexicans should be encouraged to conserve resources and recycle paper, cardboard, plastic, glass and aluminum to help reduce waste;” and another statement “Be it further resolved that the state recommend that all NM schools recycle paper, cardboard, plastic, aluminum and glass and participate in the programs known as “energy schools teaching about resource savings”.

HM64 and HJM12 - Rep. Mimi Stewart

HM64, which then became HJM12:

House Consumer and Public Affairs - Passed

House Floor - Passed

Senate Rules

Senate Conservation

Senate Floor

Sale of Salvage Vehicles to Recyclers

SB 933 - Sen. James Taylor

Senate Public Affairs

Senate Conservation

Prescription Medication Donations

HB 46 - Rep. John Heaton

House Consumer and Public Affairs - Passed

House Health and Government Affairs - Passed

House Judiciary - Passed

House Floor - Passed

Senate Finance

Senate Conservation

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NM 2006 Legislature

Electronic Waste Recycling Pilot Program

Senator Feldman created this bill to provide funding to conduct a voluntary electronic waste recycling program.

SB388 - Senator Dede Feldman - Died

Support E-Waste Collection and Recycling

This memorial was proposed in conjunction with the SB388 funding request to support e-waste collection and recycling around the state.

SM14 - Senator Dede Feldman - Died

Solid Waste Facility Grant Fund

HB 286 - Rep. Jose Campos - Died

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NM 2005 Legislature - RAID SB142 Passes, as well as SJM9

The New Mexico Recycling Coalition has worked with the New Mexico Environment Department over the past year to create the Strategic Plan to Transform the Economics of Recycling in New Mexico. As a result of the Plan, two pieces of legislation have been developed and introduced into the House and Senate.

Recycling and Illegal Dumping Act

HB269/SB142, sponsored by Rep. Jeanette Wallace and Senator Dede Feldman respectively, is the Recycling and Illegal Dumping Act, which repeals and replaces the Tire Recycling Act; reallocates existing grant funds from tire recycling fund to broader recycling and illegal dumping abatement goals; increases tracking of scrap tire generation and hauling to reduce illegal tire dumps; and creates the Recycling Alliance, a state level advisory board with representatives from state, local and tribal governments, industry and non-profit organizations that will generate the State Recycling Plan to increase recycling in New Mexico and advise on grant funding.

HB269 - Rep. Jeannette Wallace

House Energy & Natural Resources Committee - passed

House Judiciary - passed

House Appropriations and Finance - pushed to House Floor

House Floor - passed 3/10/04

Senate Corporations and Transportation - passed

Senate Finance - passed

Senate Floor -

SB142 - Sen. Dede Feldman

Senate Conservation Committee - passed

Senate Judiciary - passed

Senate Floor - passed 3/10/04

House Energy & Natural Resources Committee - passed

House Judiciary - passed

House Floor - passed

Signed by Governor into Law

Recycling Equipment Tax Credit

HB247/SB715, sponsored by Representative Rhonda King and Senator Phil Griego respectively, is a Recycling Equipment Tax Credit, enabling businesses to receive a 10% tax credit on gross receipts tax (GRT), compensating or withholding tax when they purchase recycling-related equipment. The intent of this bill is to attract and expand businesses that process recyclables, manufacture products from recycled materials and increase the number of businesses that recycle.

HB247 - Rep. Rhonda King

House Consumer and Public Affairs Committee - passed

House Floor - passed

Senate Corporations and Transportation - passed

Senate Finance - passed

Senate Floor -

SB715 - Rep. Phil Griego

Senate Corporation and Transportation Committee - passed

Senate Finance - stalled, did not come up for consideration

Senate Floor

Study Electronic Waste

Senator Feldman created and passed this memorial that requested the New Mexico Environment Department to look at and evaluate the status of electronic waste, its problems and to recommend a plan for proper disposal.

SJM9 - Senator Dede Feldman - PASSED

PLEASE Go to the NM Legislative Web Site for final bill versions at at http://legis.state.nm.us/lcs/default.asp.

2004 Recycling Memorial - HJM-5 "Develop NM Recycling Plan"

The NMRC in conjunction with the New Mexico Environment Department: Solid Waste Bureau and the Department of Economic Development ubmitted Memorials to the House and Senate to develop a Strategic Plan for Transforming the Economics of Recycling in New Mexico.

The Memorials (SJM6 and HJM5), passed February 17, 2004, and are a follow-up to the Transforming the Economics of Recycling Workshop that the NMRC hosted in 2003. The proposed plan will identify opportunities to:

Create new markets that do not currently exist in New Mexico and transform existing waste streams into revenue generating commodities;
Access both human resources and state of the art research capabilities to develop both low and high-tech jobs for rendering waste into valuable resources;
Attract and increase investment in the manufacturing sector;
Expand community-based industries such as family owned timber mills, and construction and demolition recovery operations, local manufacture of recycled products, soil remediation, water conservation and landscaping using recycled products to name a few; and
Realize the true value of waste commodities; and cultivate new employment options.