New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB158 Introduced / Fiscal Note

Filed 02/14/2025

                     
 
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 Shendo 
LAST UPDATED 
ORIGINAL DATE 2/14/25 
 
SHORT TITLE 
Reporting of Economic Development 
Incentives 
BILL 
NUMBER Senate Bill 158 
  
ANALYST Rodriguez/Gray  
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected EDD No fiscal impact No fiscal impact No fiscal impact No fiscal impact Recurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect most recent analysis of this legislation. 
 
Sources of Information
 
 
LFC Files 
 
Agency Analysis Received From 
Economic Development Department (EDD) 
SUMMARY 
 
Synopsis of Senate Bill 158   
 
Senate Bill 158 (SB158) adds reporting requirements for the state’s flagship economic 
development programs to statute. Currently, the Economic Development Department (EDD) 
internally collects and monitors performance data regarding the Local Economic Development 
Act (LEDA) and the Job Training Incentive Program (JTIP). By practice, the department shares 
this information with the Legislature and the public. This bill would formalize that practice into 
statute. 
 
For LEDA, the bill requires the department to report each year to the Legislature: 
 The amount of public support provided, 
 The amount of committed capital investment, 
 The anticipated and actualized number of jobs created and corresponding wages, and 
 The actual economic impact of projects. 
 
For JTIP, the bill requires the department to report each year to the Legislature: 
 The number of individuals trained and the corresponding wages, and 
 The actual economic impact of the project.  
 
SB158 also provides clarifying language to allow the Legislative Finance Committee (LFC) to 
request proprietary technical information from the department for evaluation purposes. This is a  Senate Bill 158 – Page 2 
 
 
provision intended to ensure that none of the reporting requirements required in section 1 and 
section 4 are prohibited by other sections of state law. 
 
The effective date of this bill is July 1, 2025. 
 
FISCAL IMPLICATIONS  
 
This bill has no fiscal implications because EDD already evaluates potential companies for 
LEDA, collects data on awarded projects for JTIP and LEDA, and compiles an annual report on 
LEDA projects. EDD staff already provide the information covered by this bill to the 
Legislature, meaning SB158 would not create new demands on EDD staff time and resources.  
 
SIGNIFICANT ISSUES 
 
In 2025, the Legislature appropriated $350 thousand to the Legislative Finance Committee to 
enhance its ability to evaluate economic development programs. This legislation is connected to 
that effort to ensure that as evaluation work begins the data currently available remains available.  
 
A 2022 LFC program evaluation, Impacts of Past Local Economic Development Act and Job 
Incentive Training Program Investments, found that LEDA and JTIP resulted in fewer jobs than 
predicted and EDD sometimes failed to claw back funds from companies that failed to meet 
employment requirements. The evaluation also noted the state could improve how it monitors 
post-investment impacts of the programs. EDD began an effort to do this for LEDA in 2022, 
after proposing additional performance measures in 2019 to provide greater information on 
program results.  
 
Currently, the Legislature receives economic development reporting based on a patchwork of 
law and practice. The table below summarizes each of SB158’s reporting requirements, whether 
that component is currently reported, and whether that reporting is provided by practice or 
required pursuant to the General Appropriation Act (GAA). Some data is reported to the 
Legislature quarterly and summarized in the Legislative Finance Committee’s quarterly agency 
performance reports. Other data is reported annually and is summarized in the Legislative 
Finance Committee’s budget publications (i.e., Policy and Performance Analysis or 
Supplemental Charts and Graphs).  
 
Program SB158 Required Reporting Component 
Currently 
Reported to 
Legislature? 
Why is 
Component 
Reported? 
Reported 
Annually or 
Quarterly? 
LEDA 
Total state support 
 By practice annually 
Name of project 	 By practice annually 
Amount of support 	 By practice annually 
Amount of private capital investment   By practice annually 
Number of jobs expected to be created  GAA quarterly 
Average wage of jobs expected to be created  By practice quarterly 
Number of jobs actually created 	 By practice quarterly 
Average wage of jobs actually created  By practice quarterly 
Economic impact 	 By practice annually 
JTIP 
Number of trainees 
 GAA quarterly 
Average wage of trainees 	 By practice quarterly 
City or county of business 	 By practice annually 
Economic impact 	 By practice annually  Senate Bill 158 – Page 3 
 
 
 
Of the 13 reporting components required by SB158, all 13 are currently reported to the 
Legislature. However, only two components are reported pursuant to state law through the GAA. 
This presents a possible obstacle for the Legislature. If an executive administration were to 
decide to change current practice and stop certain reporting components, the Legislature would 
be without recourse. What’s more, even those reporting requirements provided through the GAA 
may be subject to a line-item veto like all provisions of the GAA. 
 
SB158 provides specificity on what oversight is needed and requires that oversight data be 
shared with the Legislature. Adding reporting criteria to the statute could result in more 
accountability and transparency on the outputs and return on investment for LEDA and JTIP 
across administrations. Without statutory guardrails, different administrations may report 
different data for these two key economic development programs.  
 
EDD has taken several rulemaking steps to solidify its reporting standards. For LEDA, the 
department established rules in 2023 to clarify project eligibility, reimbursements, reporting 
requirements for participating companies, and project closeout. New Mexico Administrative 
Code 2.94.1.9 requires EDD to collect actual economic impact data to prepare a final economic 
impact analysis and demonstrate return on investment. For JTIP, the industrial training board—
which is attached to EDD—administers board reviews and oversees JTIP funds to ensure that 
“[funds] will generate business activity” and grow the New Mexico economy. As part of its 
oversight function, the board publishes monthly information, including recipients, award 
amounts, and jobs that are expected to be created. The department’s rule also allows for yearly 
follow-ups with participating companies to show effectiveness, which can include trainee 
retention and wages. 
 
EDD’s analysis asserts that the requirements provided by section 2 and section 3 of the bill will 
“greatly deter a company’s confidence in its protection” and could have a cooling effect on 
economic development activities. This analysis disputes that assertion because those provisions 
only allow data provided pursuant to those sections to be used for evaluations. That data cannot 
be published unless it is sufficiently anonymized. What’s more, the information required under 
SB158 is already provided to the Legislature. 
 
JR/BG/SL2