New Mexico 2025 2025 Regular Session

New Mexico House Bill HB168 Introduced / Fiscal Note

Filed 02/03/2025

                    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 Martinez/Dow 
LAST UPDATED 
ORIGINAL DATE 02/03/2025 
 
SHORT TITLE Construction Cost Studies 
BILL 
NUMBER House Bill 168 
  
ANALYST Lobaugh 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
 $0.0 to $80.0 $0.0 to $80.0 $0.0 to $80.0 $0.0 to $240.0 Recurring General Fund 
Total $0.0 to $80.0 $0.0 to $80.0 $0.0 to $80.0 $0.0 to $240.0 Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information
 
LFC Files 
 
Agency Analysis Received From 
Regulation and Licensing Department (RLD) 
 
SUMMARY 
 
Synopsis of House Bill 168   
 
The Construction Industries Division (CID) of the Regulation and Licensing Department (RLD) 
adopts building codes and minimum standards for the state’s construction industry as 
recommended by its trade bureaus and approved by the construction industries commission (a 
nine-member commission of construction industry stakeholders appointed by the governor). CID 
has four trade bureaus (the general construction bureau, the electrical bureau, the mechanical 
bureau, and the liquefied petroleum gas bureau) that recommend the minimum standards for their 
respective jurisdictions.  
 
House Bill 168 (HB168) would require the trade bureaus to produce a cost study estimating the 
change to the cost of commercial and residential construction resulting from any recommended:  
 
 Changes to a minimum standard,  
 Changes to a specification, or  
 Adoption of a new rule anticipated to affect the cost of commercial or residential 
construction. 
 
HB168 would also require the construction industries commission to produce a cost study for 
any rule anticipated to affect the cost of commercial or residential construction for which a trade 
bureau has not already produced a cost study and then submit the study to CID. 
  House Bill 168 – Page 2 
 
The effective date of this bill is June 20, 2025. 
 
FISCAL IMPLICATIONS  
 
HB168 does not include an appropriation. RLD would need to allocate resources from its 
operating budget to cover any costs of HB168. RLD reverted $1.2 million in unspent funds to the 
general fund at the end of FY24 and $1.1 million at the end of FY23.  
 
RLD reports that the department would need to hire an economist to analyze the fiscal impact of 
any changes to construction standards, specifications, or rules. RLD anticipates it would cost 
between $5,000 to $20 thousand for each cost study, depending on the complexity of the 
building code or rule changes. The annual expenses for cost studies could vary each year 
depending on how many code adoptions or rule changes are recommended by the trade bureaus. 
Based on the past three years, RLD anticipates that no more than four code adoptions will occur 
during any given year. Consequently, the annual cost of implementing HB168 could range from 
$0.0 (if no building code changes are recommended) to $80 thousand (if four building code 
changes are adopted). 
 
RLD notes that it collects written public comments from industry stakeholders before any 
proposed changes to building codes are adopted. RLD reports that industry stakeholders 
carefully evaluate the financial implications of adopting new codes and that CID considers this 
stakeholder feedback. RLD also reports that the CID often weighs costs against benefits when 
considering new building codes. Current stakeholder cost-benefit analyses and CID review of 
written public comment may reduce the need to hire external economists when producing cost 
studies of building code changes.  
 
SIGNIFICANT ISSUES 
 
CID trade bureaus review proposed rule changes and building code adoptions through technical 
advisory committees made up of experts in the trades. After consensus is reached, the proposed 
rule or code changes are presented at a public hearing following the State Rules Act. As part of 
the process, CID notifies all its licensees with a registered email address about the proposed rule 
changes or building code adoptions.  
 
PERFORMANCE ISSUES 
 
RLD notes that “mandating cost analyses could lead to a more complex and lengthy process.” 
RLD reports this could delay the adoption of necessary codes, particularly in urgent situations 
like public safety improvements and keeping with current Insurance Service Office rating 
requirements.   
 
CSL/hj/SR