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 Terrazas/Jones/Ramos/Dow/Armstrong
LAST UPDATED
ORIGINAL DATE 3
/5/2025
SHORT TITLE Migrant Worker Housing Requirements
BILL
NUMBER House Bill 561
ANALYST Gygi
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
WSD No fiscal impact No fiscal impact No fiscal impact
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Attorney General (NMAG) Workforce Solutions Department (WSD)
SUMMARY
Synopsis of House Bill 561
House Bill 561 (HB561) requires that employers providing housing to migrant and seasonal
agricultural workers provide housing that meets the standards promulgated by the U.S.
Department of Labor. This bill 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
HB561 does not include an appropriation or an implementation mechanism. However, the
Workforce Solutions Department (WSD) currently enforces federal housing standards for
migrant and seasonal agricultural workers. The department reports it would not require
additional funding unless the federal government reduces funding.
SIGNIFICANT ISSUES
WSD notes:
The U.S. Department of Labor [USDOL] housing standards already apply to housing for
migrant and seasonal farmworkers [in New Mexico], so this bill is not needed. If the bill
is intended to pre-empt local and state building codes, [WSD] does not believe it achieves
this intent without specific preemption language.
House Bill 561 – Page 2
USDOL’s Wage and Hour Division publishes guidance on housing standards in accordance with
the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) also known as the H-2A
visa program.
1
In New Mexico, WSD oversees compliance by agricultural employers, farm
labor contractors, and others providing housing to workers covered by MSPA. The department
submits a needs assessment of worker housing and related needs to USDOL in the agricultural
outreach plan portion of the state’s Workforce Innovation and Opportunity Act (WIOA) plan.
2
ALTERNATIVES
WSD suggests, “The state could provide grants to employers of migrant and seasonal
farmworkers to improve their housing and bring housing up to applicable federal, state and local
standards.”
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Federal regulations regarding housing for migrant and seasonal farmworkers would continue to
apply, as do state and local regulations and building codes.
KG/sgs
1
See Checklist for ETA Standards for housing completed or under construction before April 3, 1980; housing built
after that time is subject to standards in Checklist for OSHA Standards.
2
https://www.dws.state.nm.us/Portals/0/DM/Partners/WIOA_Plan_PYs_2024-2027.pdf