ENVIRONMENTAL PRODUCT DECLARATION ACT

HB0152

HOUSE BILL 152

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Meredith A. Dixon
and
Kristina Ortez

AN ACT

RELATING TO THE ENVIRONMENT; ENACTING THE ENVIRONMENTAL PRODUCT
DECLARATION ACT; CREATING THE ENVIRONMENTAL PRODUCT DECLARATION
PROGRAM; ENABLING THE DEPARTMENT OF ENVIRONMENT TO RECEIVE AND
ANALYZE ENVIRONMENTAL PRODUCT DECLARATIONS; CREATING THE
ENVIRONMENTAL PRODUCT DECLARATION FUND; MAKING A TRANSFER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
[
NEW MATERIAL
] SHORT TITLE.--This act may be
cited as the "Environmental Product Declaration Act".

SECTION 2.
[
NEW MATERIAL
] DEFINITIONS.--As used in the
Environmental Product Declaration Act:

A. "covered material" includes:

(1) concrete and concrete mixtures, including
ready-mix concrete, shotcrete, precast concrete and concrete
masonry units;

(2) cement;

(3) asphalt binder and asphalt mixtures;

(4) steel;

(5) glass;

(6) roofing materials;

(7) insulation materials;

(8) engineered wood; and

(9) aluminum;

B. "department" means the department of
environment;

C. "embodied carbon" means the greenhouse gas
emissions generated by the manufacturing, transportation,
installation, maintenance and disposal of covered materials
used in buildings, roads and other infrastructure;

D. "environmental product declaration" means a
declaration that is independently verified, provides a life-cycle assessment of a product's global warming potential and
facilitates a comparison of environmental impacts between
products fulfilling the same function; and

E. "global warming potential" means the quantity of
greenhouse gas emissions associated with a product expressed as
the carbon dioxide equivalent.

SECTION 3.
[
NEW MATERIAL
]

ENVIRONMENTAL PRODUCT
DECLARATION PROGRAM--CREATED--AUTHORITY--POWERS AND DUTIES.--

A. The "environmental product declaration program"
is created in the department to enable the department to:

(1) assist manufacturers of covered materials
with the creation of environmental product declarations that
shall be shared with the department;

(2) receive and analyze data associated with a
manufacturer's environmental product declarations; and

(3) research options for reducing embodied
carbon in state construction projects.

B. The department shall administer the program.

C. The department may contract for services to
assist manufacturers of covered materials with the creation of
environmental product declarations that shall be shared with
the department.

D. On or before January 1, 2027, the department
shall promulgate rules to implement the Environmental Product
Declaration Act, including rules on environmental product
declaration verification and auditing procedures and on
reporting requirements and formats.

E. No later than October 1, 2027 and October 1
every year thereafter, the department shall publish a report
that includes:

(1) the number of environmental product
declarations provided to the department, organized by type of
covered material;

(2) the geographic distribution of
manufacturing facilities;

(3) an assessment of the number of businesses
within the state that manufacture covered materials and are
equipped to issue environmental product declarations;

(4) an assessment of the progress made in
creating environmental product declarations for covered
materials;

(5) recommendations for reducing embodied
carbon in state construction projects; and

(6) recommendations for program improvements.

SECTION 4.
[
NEW MATERIAL
] ENVIRONMENTAL PRODUCT
DECLARATIONS--REQUIREMENTS.--An environmental product
declaration shall:

A. be product- or facility-specific, unless the
department determines that only industry-average environmental
product declarations are available for a particular covered
material;

B. be independently verified;

C. facilitate a comparison of environmental impacts
between products fulfilling the same function;

D. meet or exceed internationally recognized
standards for environmental product declarations;

E. have been issued within five years of the date
submitted to the department; and

F. include:

(1) a life-cycle assessment of a product's
global warming potential;

(2) the manufacturing facility's location;

(3) the scope of life-cycle analysis;

(4) the date of issuance;

(5) the name and credentials of the
independent verifier;

(6) the product's specifications and
performance characteristics; and

(7) additional information the department
deems necessary.

SECTION 5.
[
NEW MATERIAL
] ENVIRONMENTAL PRODUCT
DECLARATION FUND.--

A. The "environmental product declaration fund" is
created as a nonreverting fund in the state treasury.

The fund
consists of appropriations, gifts, grants, donations, income
from investment of the fund and other money credited to the
fund. The department shall administer the fund, and money in
the fund is subject to appropriation by the legislature to the
department to carry out the provisions of Subsection B of this
section. Disbursements from the fund shall be made by warrant
of the secretary of finance and administration pursuant to
vouchers signed by the secretary of environment.

B. Money in the fund may be used by the department
to:

(1) contract for services to assist
manufacturers of covered materials with the creation of
environmental product declarations that shall be shared with
the department; and

(2) administer the environmental product
declaration program; provided that no more than ten percent of
the balance of the fund each fiscal year shall be used for
administrative costs.

SECTION 6.
TRANSFER.--Five million dollars ($5,000,000)
is transferred from the general fund to the environmental
product declaration fund.

SECTION 7.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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