A. The board shall adopt rules to:
(1) exempt from the reporting requirements established pursuant to Section 5 [ 74-15-5 NMSA 1978] of the Per- and Poly-Fluoroalkyl Substances Protection Act any product that contains an intentionally added per- or poly-fluoroalkyl substance that is exempt pursuant to Subsection A of Section 3 [ 74-15-3 NMSA 1978]of that act or that has been designated as a currently unavoidable use;
(2) create a series of ranges for the amount of a per- or poly-fluoroalkyl substance in a product that contains an intentionally added per- or poly-fluoroalkyl substance for reporting purposes unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act;
(3) identify currently unavoidable uses of a per- or poly-fluoroalkyl substance that are essential for health, safety or the functioning of society and for which alternatives are not reasonably available unless exempted in Subsection A of Section 3 of the Per- and Poly-Fluoroalkyl Substances Protection Act; and
(4) as pertaining to firefighting foam:
(a) require a periodic inventory of firefighting foam quantities stored or used in New Mexico;
(b) require the use of firefighting foam for emergency purposes only; and
(c) require the cleanup of discarded firefighting foam pursuant to the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978].
For purposes of this subsection, "emergency purposes" does not include training or the use of firefighting foam in fire suppression systems.
B. The board may:
(1) adopt rules to carry out the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act, including requiring the labeling of products in English and Spanish; and
(2) determine that a product containing intentionally added per- or poly-fluoroalkyl substances are a currently unavoidable use based on determinations made by other states.