New Mexico 2025 2025 Regular Session

New Mexico House Bill HB2 Introduced / Fiscal Note

Filed 02/21/2025

                     
 
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 Small/Dixon 
LAST UPDATED 2/21/25 
ORIGINAL DATE 2/20/25 
 
SHORT TITLE General Appropriation Act of 2025 
BILL 
NUMBER 
CS/House Bills 2 
and 3/HAFCS 
  
ANALYST Courtney 
 
 
APPROPRIATIONS 
(dollars in thousands) 
FY25 FY26 
Recurring or 
Nonrecurring 
Fund 
Affected 
 $10,635,751.6 Recurring Section 4 General Fund 
 $136,241.8 Recurring Section 8 General Fund 
 $6,086,928.9 Recurring Va	rious Other State Funds 
 $1,870,039.5 Recurring Internal Service Funds/Transfers 
 $14,413,884.4 Recurring Federal Funds 
$983,862.0 $2,121,336 Nonr ecurring General Fund 
$124,122.0 $267,386.0 Nonrecurri ng Various Other State Funds 
$40,345.3 Nonrecurring Internal Service Funds/Transfers 
$105,713.6 $159,003.2 Nonrecurring Federal Funds 
Note some nonrecurring appropriations including the government results and opportunity fund and the public education reform 
fund appropriations to be distributed from FY26 through FY28 as indicated in House Bill 2. 
 
Sources of Information
 
 
LFC Files 
 
SUMMARY 
 
Synopsis of the HAFC Substitute for House Bills 2 & 3 
 
The HAFC substitute for House Bills 2 and 3 (HB2) appropriates money from the general fund, 
other revenues, internal services funds/interagency transfers, and federal funds for the operation 
of state agencies, higher education, and public schools. 
 Section 1, Short Title 
 Section 2, Definitions 
 Section 3, General Provisions 
 Section 4, Fiscal Year 2026 Appropriations 
 Section 5, Special Appropriations 
 Section 6, Supplemental and Deficiency Appropriations 
 Section 7, Information Technology Appropriations  CS/House Bills 2 and 3/HAFCS – Page 2 
 
 
 Section 8, Compensation Appropriations 
 Section 9, Government Results and Opportunity Expendable Trust 
 Section 10, Fund Transfers 
 Section 11, Special Transportation Appropriations 
 Section 12, FY25 Additional BAR Authority 
 Section 13, FY26 BAR Authority 
 Section 14, Transfer Authority 
 Section 15, Severability 
 
There is no effective date of this bill; however, a general appropriation act goes into effect on the 
signature of the governor. 
 
FISCAL IMPLICATIONS  
 
The appropriations contained in HB2 are summarized as follows:   
 
 
*Note non-recurring grand totals in the above table do not include Section 8 (Compensation Appropriations) as these 
appropriations are categorized as recurring. Appropriations from the general fund revert to the general fund at the end of FY26, 
unless otherwise indicated in HB2 or provided by law.  
 
 
 
  CS/House Bills 2 and 3/HAFCS – Page 3 
 
 
 
 
SIGNIFICANT ISSUES 
 
Recurring Appropriations. Appropriations for recurring expenses include Section 4 fiscal year 
2026 appropriations and Section 8 compensation appropriations. Recurring appropriations in 
Section 4 include funding for agency operating budgets with revenue sources including the 
general fund, other state funds, internal service funds or interagency transfers, and federal funds. 
Expenditure categories for agencies include personal services and employee benefits, contractual 
services, other, and other financing uses, terms that are defined in Section 2 of HB2. Each fiscal 
year agencies typically have statutory budget adjustment authority authorized in Sections 12 and 
13 to transfer money between categories and increase revenues, except for the general fund, 
within limits set by the Legislature.  
 
For FY26, overall recurring appropriations represented in HB2 in Section 4 and Section 8 total 
just over $33.1 billion in all revenue sources including recurring funding of $10.8 billion in 
Sections 4 and 8 from the general fund, representing a 5.8 percent increase over FY25 operating 
budgets. Appropriations in Section 8 would provide employees of state agencies and higher 
education with an average salary increase of 4 percent. Notably, there is also an average 4 
percent salary increase for public school employees; however, that funding is built into the 
public school support budget of Section 4. Section 8 also includes $1.5 million for the Office of 
the State Engineer for the personal services and employee benefits category and $741.5 thousand 
to the judiciary to provide an additional 2 percent increase to the court employees in lower pay 
bands. Additionally, Section 8 provides $17 million for risk premiums and another $17 million to 
implement a new single pay plan for classified employees in the executive branch.  
 
Nonrecurring Appropriations. House Bill 2 also appropriates a total of $3.8 billion in 
nonrecurring appropriations and fund transfers in Sections 5, 6, 7, 9, 10, and 11. Of this amount 
$3.1 billion is from the general fund. Nonrecurring appropriations include $1.37 billion from the 
general fund for special appropriations (Section 5), $115 million from the general fund for 
supplemental and deficiency appropriations (Section 6), $1.46 billion from the general fund for 
fund transfers (Section 10), and $167 million from the general fund for transportation (Section 
11). In Section 9, House Bill 2 appropriates $433 million for three-year pilot projects (FY26 
through FY28) with funding from the Government and Results Opportunity Program (GRO) 
fund, the public education reform fund, and federal funds. Section 9 appropriations relate to 
House Bill 181 and Senate Bill 201, both endorsed by the Legislative Finance Committee, that 
would provide LFC, in partnership with other agencies, to better set expectations and examine 
implementation, accountability and evaluation for three-year pilot projects. 
 
Education. HB2 includes $4.7 billion in recurring general fund appropriations for public 
education, a 6 percent increase over the FY25 operating budget. Recurring Section 4 
appropriations for public schools include funding for a 4 percent average salary increase for 
school personnel and increases in annual salary minimums for teachers of $5,000 per license 
level. The student equalization guarantee, the pool of funds distributed to schools through a 
funding formula, increases to just over $4.4 billion from the general fund. Nonrecurring 
appropriations for public education include nearly half a billion dollars, including $343 million 
from the general fund, $89 million in public education reform funds, and $68 million in other 
state funds and inter-agency transfers. Significant initiatives include $40 million for career and 
technical education and innovation zones, $30 million for secondary education reforms, $20  CS/House Bills 2 and 3/HAFCS – Page 4 
 
 
million for educator fellows initiatives, $3 million for STEAM initiatives, $4 million for special 
education initiatives, and $30 million for Indian education initiatives, along with $500 thousand 
each for the Black Education Act, the Bilingual Multicultural Education Act, and the Hispanic 
Education Act. Nonrecurring appropriations also include $6.3 million to support unhoused 
students, $1 million for wellness rooms, and $1.5 million for school panic buttons. 
 
Higher education recurring spending grows by almost 3 percent, or $36 million, including 
increases for a 2.5 percent increase in the base funding formula, $3 million for mental health and 
student supports, and an increase for raises for graduate student workers. Additionally, HB2 has 
nonrecurring investments for higher education that include $40 million for building renewal and 
replacement, $20 million to the technology enhancement fund, $20 million for the health 
professional loan repayment program, and $5 million for the teacher loan repayment program. 
 
Early Childhood and Child Welfare. The HB2 recurring appropriations for the Early Childhood 
Education and Care Department (ECECD) for FY26 increase revenue by $170 million, or 21.6 
percent. The overall increase supports a home visiting rate increase, prekindergarten, childcare 
assistance and tribal language supports. HB2 increases distributions to the department from the 
early childhood trust fund to $400 million contingent on legislation. 
 
The HB2 appropriations for the Children, Youth and Families Department (CYFD) budget 
includes continued targeted investments to address system issues through special appropriations 
(Section 5) and GRO multi-year pilot funding (Section 9) to address Child Protective Services 
caseloads, pilot a child welfare training academy, and fund liability insurance premium increases 
in a way that heightens oversight and accountability. Appropriations include over $41 million in 
recurring appropriations to address systemic challenges, including $29.4 million from the GRO 
fund (Section 9), and an additional $7.9 million in matching federal funds for the three-year 
pilots funded by GRO. In addition, HB2 includes a multiyear, nonrecurring appropriation to 
recruit, train, and support treatment foster care providers and to establish a child welfare training 
academy. HB2 also includes nonrecurring appropriations to seek technical assistance related to 
the recent decline in federal revenue to potentially recover and maximize federal dollars. 
 
Health. HB2 appropriates a total of $15 billion to the Health Care Authority (HCA), representing 
an additional $2.8 billion over FY25, a 23.3 percent increase. The appropriations include almost 
$2.1 billion in recurring general fund revenues for FY26. The HCA budget supports a range of 
health and human services programs, including Medicaid. For Medicaid, behavioral health, and 
developmental disability supports (DD waiver), HB2 increases general fund spending by $75.4 
million, or about 4 percent. HB2 increases for the agency include continuing provider rate 
adjustments enacted in FY25 for the full fiscal year in FY26, healthcare inflation, enrollment 
considerations, accommodation of federal Medicaid matching reductions, and new payment rate 
adjustments for all-inclusive care for the elderly and assisted living facilities. Appropriations for 
changes in the federal Medicaid matching rate (the federal medical assistance percentage  or 
FMAP) and healthcare inflation for FY26, estimated at about $40.9 million, are also included. 
For FY26, HB2 increases the Department of Health (DOH) general fund revenue by $9.9 
million, or 4.9 percent, including a significant increase for state facilities operations and funding 
for mobile health unit staffing. HB2 increases the Aging and Long-Term Services Department 
(ALTSD) general fund revenue by almost $3 million, or 4 percent.  
 
HB2 also includes a number of nonrecurring appropriations to support increased access to 
behavioral health services, including $1.7 million from the general fund to the Administrative  CS/House Bills 2 and 3/HAFCS – Page 5 
 
 
Office of the Courts for regional behavioral health planning and sequential intercept mapping of 
individuals with mental health and substance use disorder movement through the criminal justice 
system. The nonrecurring appropriations also include $11.5 million from the general fund to 
HCA for 24 regional mobile crisis response, $7.5 million for 24-hour crisis response facilities 
and associated services, $28 million from the general fund to HCA for grants to local 
governments for regional transitional acute care facilities and certified community behavioral 
health clinics, $10 million from the general fund to HCA for grants to local and tribal 
governments for assisted outpatient treatment, medication-assisted treatment, assertive 
community treatment or other evidence-informed services, and $11.5 million to HCA for grants 
to local and tribal governments for mobile crisis and recovery response and intervention and 
outreach teams. HB2 also includes a number of appropriations to support housing stability, 
including $110 million to the Department of Finance and Administration (DFA) for transitional 
housing and behavioral health supports, $8.1 million to HCA for start-up costs to build capacity 
for housing providers, $5 million to DFA for local governments to support housing encampment 
response, and $2 million to DFA for housing projects for senior citizens, $2 million to the 
Corrections Department (NMCD) to expand reentry services, including housing opportunities. 
 
Natural Resources. HB2 appropriates $227 million to the Energy, Minerals and Natural 
Resources Department (EMNRD), reflecting a 19.5 percent, or $37 million, overall increase. The 
EMNRD budget includes $1.24 million for Hot Shot firefighting crews, watershed management, 
and forest restoration. HB2 recurring appropriations to the Office of the State Engineer (OSE) 
include an additional $1.1 million from the general fund, or 3.4 percent over FY25, with an 
additional $1.5 million included in Section 8 for salaries and benefits. Appropriations to OSE 
include funding for the Water Resource Allocation Program’s district office lease increase, 
contract work for implementation of the 50-year water plan, and higher field work costs. HB2 
also reflects a reorganization of the Environment Department (NMED), including the creation of 
a Compliance Enforcement Division, keeping the agency’s general fund budget flat at NMED’s 
request. NMED is also appropriated $50 million for the investigation and remediation of 
neglected contaminated sites. Nonrecurring appropriations for natural resources in HB2 include 
multiple investments, many of which support water projects, including $25 million to OSE for 
Indian water rights settlement agreements, $40 million to NMED for the strategic water supply 
program, and a $200 million transfer to the water project fund in Section 10 (fund transfers). 
 
Judiciary and Public Safety. The Administrative Office of the Courts budget reflects a 5.2 
percent overall increase and a 17.6 percent, or $8.8 million, general fund increase that includes 
consolidating statewide pretrial services to a single program in AOC’s budget. AOC’s budget 
also includes funding for increased interpreter pay and increased personnel funding for pretrial 
services. District attorney budgets reflect an overall $4.1 million, or 3.8 percent general fund 
increase, and the Public Defender Department budget reflects a $3.2 million, or 4.1 percent 
general fund increase. There are also nonrecurring appropriations for the judiciary, including $3 
million to the 2nd Judicial District Attorney for the organized crime commission. The Office of 
the Attorney General budget reflects an overall increase of $3.7 million or 7.1 percent over 
FY25, including funding for a pilot project that funds five positions in the Consumer and Civil 
Rights Division.  
 
The Department of Public Safety’s (DPS) budget is $225.7 million across all funding sources, 
with an $8.2 million, or 4.4 percent, increase from the general fund. The DPS budget includes 
$5.3 million for fleet improvements, $1.6 million for step pay increases to prevent salary 
compaction for New Mexico State Police, $700 thousand for contractual services and a new  CS/House Bills 2 and 3/HAFCS – Page 6 
 
 
position, and $500 thousand for recruitment and grant support. The Corrections Department 
(NMCD) reflects a $10 million, or 3 percent, increase that includes funding for private prison 
per-diem rate increases, personnel, and enhanced evidence-based reentry initiatives. 
Nonrecurring appropriations for justice and public safety include a number of items to improve 
behavioral health programming in state and community providers, $5.7 million for state crime 
laboratories to address backlogged DNA cases, and continued support for information 
technology projects, including the Intelligence Led Policing project at DPS (Section 7). Section 9 
also contains multiyear funding to support those reentering the community from incarceration 
and for medication-assisted treatment. Additionally, CVRC receives an additional $500 thousand 
in recurring funding and $2 million in non-recuring funding for victims of sexual assault and 
domestic violence. 
 
Commerce and Industry. The Economic Development Department (EDD) recurring budget 
would grow by over $1.7 million, or 6.5 percent, compared to FY25, including funding for 
personnel costs for the Office of Strategy, Science, and Technology. Additionally, HB2 
nonrecurring funding to EDD includes multiple appropriations to support entrepreneurship, 
infrastructure, and site readiness, including $24 million for site readiness, $15 million for 
business accelerators and other entrepreneurship incubators and venture studies, $10.8 million 
for talent recruitment and retention in emerging high-tech fields, $8 million for proposals in 
advanced energy innovation and commercialization, $4 million for science and technology 
business start-up grants, and $7 million for Local Economic Development Act investments.  
 
HB2 also contains a number of additional nonrecurring appropriations related to improving 
quality of life and economic development, including $75 million to DFA for the New Mexico 
match fund, which provides agencies with the state dollars they need to attract federal and other 
matching funds. The appropriation also includes $2 million for capacity building grants, $50 
million to DFA for regional recreation centers and quality of life grants, $10 million to EDD for 
the Trails+ program, $16 million to the Tourism Department for national and international 
marketing, $90 million to EDD for trade port grants, and $50 million to EDD to establish a 
research, development, and deployment fund. 
 
Compensation. Section 8 includes $100 million for a 4 percent average pay increase for all state 
and higher education employees, which is categorized as recurring spending. Section 8 also 
includes $1.5 million for the Office of the State Engineer for personnel and $741.5 thousand to 
the judiciary to provide an additional 2 percent increase to the court employees in lower pay 
bands. Section 8 appropriations include $17 million for the General Services Department risk 
fund and $17 million to implement recommendations of a statewide staffing study contracted by 
DFA, LFC, and the State Personnel Office. Additionally, the Section 4 public school support 
appropriation includes $135.1 million for a 4 percent average salary increase for school 
personnel, $4.4 million to increase the minimum salary of each tier of the teach pay schedule by 
$5,000 (Level 1=$55 thousand, Level 2=$65 thousand, Level 3=$75 thousand), and $2.3 million 
for a 4 percent average salary increase for school transportation employees. 
 
General Fund Reserves. HB2 would leave FY26 general fund reserves at 31.2 percent of 
recurring appropriations. 
 
PERFORMANCE IMPLICATIONS 
  CS/House Bills 2 and 3/HAFCS – Page 7 
 
 
HB2 includes multiple performance measures and performance targets for most agencies as part 
of the Accountability in Government Act, which is a statutory basis to use performance 
information to inform budget development and monitor results of spending by agencies on 
outcomes important to agencies, the executive, the Legislature, and the public.
 
 
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL 
 
State agencies, higher education and public schools will not have the authority to budget or 
expend money necessary for the operation of government.