New Mexico 2025 2025 Regular Session

New Mexico House Bill HB158 Introduced / Fiscal Note

Filed 02/05/2025

                    Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance 
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they 
are used for other purposes. 
 
F I S C A L    I M P A C T    R E P O R T 
 
 
SPONSOR Reps. Sariñana and Martinez, A/Sen. Pope 
LAST UPDATED 
ORIGINAL DATE 2/5/2025 
 
SHORT TITLE Military Base Planning & Impact Act 
BILL 
NUMBER House Bill 158 
  
ANALYST Lobaugh 
  
APPROPRIATION* 
(dollars in thousands) 
FY25 	FY26 
Recurring or 
Nonrecurring 
Fund 
Affected $0.0 $12,000.0 Nonrecurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
  
  
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
OMBPS $0.0 $250.0 $250.0 $500.0 	Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Office of Military Base Planning and Support (OMBPS) New Mexico Attorney General (NMAG) Agency Analysis was Solicited but Not Received From 
Public Regulation Commission (PRC) Energy, Minerals and Natural Resources Department (EMNRD) 
 
SUMMARY 
 
Synopsis of House Bill 158   
 
House Bill 158 (HB158) creates a new nonreverting fund in the state treasury called the military 
base impact fund. HB158 also authorizes the state Office of Military Base Planning and Support 
(OMBPS) to award grants from the military base impact fund to communities impacted by the 
realignment (or potential realignment) of U.S. military facilities or defense jobs. The military 
base impact fund would be administered by the state Economic Development Department and 
grants from the fund would be awarded to communities by the state OMBPS.    
  House Bill 158 – Page 2 
 
HB158 appropriates $12 million from the general fund to the military base impact fund for 
expenditure in FY26 and subsequent fiscal years for the purpose of supporting infrastructure 
projects for communities impacted by the potential expansion or reduction of defense worker 
jobs or U.S. military facilities. HB158 specifies that total annual grants from the military base 
impact fund cannot exceed $4 million and that no single recipient shall receive more than $2 
million in any given year. HB158 requires OMBPS, when approving grants, to give 
consideration to factors such as the community’s job market, available local resources, and how 
the infrastructure project will impact the expansion of a military facility.   
 
HB158 requires OMBPS to annually report to the governor and the interim legislative committee 
tasked with examining economic development issues on the status of the military base impact 
fund, the projects that received grant funds, and success of those projects. The first annual report 
would be due by November 30, 2025, and reports for subsequent years would be due by 
November 30 of each year.  
 
HB158 repeals existing provisions in statute that sunset OMBPS and the state Military Base 
Planning Commission on July 1, 2028. 
 
HB158 does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns if enacted, or June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
The appropriation of $12 million contained in this bill is a nonrecurring expense to the general 
fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not 
revert to the general fund.  Although HB158 does not specify future appropriations, establishing 
a new grant program could create an expectation the program will continue in future fiscal years; 
therefore, this cost could become recurring. 
 
OMBPS reports that conducting economic analyses to support the approval of grants would cost 
the office an additional $250 thousand annually, an 81 percent increase over its current FY25 
operating budget of $309.4 thousand.  
 
SIGNIFICANT ISSUES 
 
HB158 requires OMBPS to vet, appropriate, and monitor grants for infrastructure projects from 
the military base impact fund. Multiple LFC reports have identified unspent capital outlay funds 
because of a lack of centralized infrastructure planning, inconsistent vetting of infrastructure 
projects, small appropriations diffused across multiple projects, and local capacity limitations. At 
the end of FY24, statewide unspent capital outlay balances reached an all-time high, totaling an 
estimated $5.9 billion, a 15 percent increase over the prior year and a 58 percent increase over 
FY22. Roughly 45 percent of the infrastructure projects in the 2024 capital bill received 50 
percent or less of the funding requested for those projects. OMBPS reports the agency will need 
an 81 percent increase over its current operating budget to implement the provisions of HB158; 
this suggests the agency does not have the operational capacity to vet requests for infrastructure 
projects and assist local communities with capital project grant management. OMBPS reverted 
$158 thousand in unspent funds to the general fund at the end of FY24 (a 52 percent reversion), 
indicating a lack of operational capacity to vet and manage $4 million in annual grants over three  House Bill 158 – Page 3 
 
years.   
 
In 2024, the Legislature created an Infrastructure Planning and Development Division within the 
state Department of Finance and Administration (DFA) to provide assistance to local 
governments in accessing funding for infrastructure development and administering funding to 
complete infrastructure projects (Laws 2024; Chapter 10). DFA’s Infrastructure Planning and 
Development Division also helps local communities develop their infrastructure capital 
improvement plans to prioritize their local infrastructure needs when requesting state capital 
funding.  
 
 
CSL/SL2/sgs