New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB293 Introduced / Fiscal Note

Filed 02/24/2025

                     
 
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 Sedillo Lopez
/López 
LAST UPDATED 
ORIGINAL DATE 02/24/25 
 
SHORT TITLE 
Housing Study for Some Development 
Projects 
BILL 
NUMBER Senate Bill 293 
  
ANALYST Graeser 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
DFA/BOF  
Indeterminate 
but minimal 
Indeterminate 
but minimal 
 Nonrecurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
*Amounts reflect the most recent analysis of this legislation. 
 
Relates to Senate Bills 481 and 482  
 
Sources of Information
 
LFC Files 
 
Agency Analysis Received From 
New Mexico Mortgage Finance Authority (MFA) Agency Analysis was Solicited but Not Received From 
Taxation and Revenue Department (TRD) Department of Finance and Administration (DFA) 
New Mexico Finance Authority (NMFA) 
 
SUMMARY 
 
Synopsis of Senate Bill 293   
 
Senate Bill 293 (SB293) amends the Tax Increment for Development Act (5-15-1 through 5-15-
29 NMSA 1978) to add a requirement that the developer of a tax increment development district 
(TIDD) provide a housing study prior to approval by either the state or local sponsoring 
government. SB293 defines “housing study” as a multivariable analysis of the housing demand 
created by new employment, including new full-time economic base jobs, expected to occur as a 
result of implementation of a tax increment development project. 
 
The bill changes the study element from “workforce housing” to “affordable housing” and 
defines “affordable housing” as decent, safe, and sanitary dwellings, apartments, single- family 
dwellings or other living accommodations that are affordable for households earning less than 80 
percent of the area median income within the county and that the monthly housing costs of the 
unit does not exceed 33 percent of the household’s gross monthly income. 
  Senate Bill 293 – Page 2 
 
 
This bill does not contain an effective date and, as a result, would go into effect 90 days after the 
Legislature adjourns, or June 20, 2025, if enacted.  
 
FISCAL IMPLICATIONS  
 
There are no direct fiscal implications of the bill. The required housing study will add somewhat 
to the costs of preparing a TIDD application and add minimally to the cost of reviewing the 
application prior to approval by either the sponsoring local government or the Board of Finance. 
The provisions of the bill do not require the developer to provide affordable housing. 
 
SIGNIFICANT ISSUES 
 
The requirement for a TIDD developer to conduct a housing study and for that housing study to 
include demand for affordable housing is not directly tied to a promise on the part of the 
developer to provide a certain amount of affordable housing or the previous workforce housing.  
 
Each of the approved TIDDs requesting state gross receipts tax participation (Mesa Del Sol, Las 
Cruces Downtown, Winrock Center, Taos Ski Valley, and South Campus) have dealt 
inadequately with the required element in the act of creating plans for workforce housing. 
 
The New Mexico Mortgage Finance Authority (MFA) points out the following benefits of a 
housing study: 
 
1. This bill may lead to more community-driven developments as housing 
studies may depict the local economy and align with the community goals. 
 
2. This bill may reduce housing shortages as the housing studies may provide a 
more detailed understanding of the housing needs and local economy. 
 
PERFORMANCE IMPLICATIONS 
 
SB293 does not expand a tax expenditure.  
 
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP 
 
Relates to Senate Bill 481 and SB482  
 
LG/hj/SL2