New Mexico 2025 2025 Regular Session

New Mexico Senate Bill SB383 Introduced / Fiscal Note

Filed 02/23/2025

                     
 
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 Ezzell 
LAST UPDATED 
ORIGINAL DATE 02
/21/25 
 
SHORT TITLE Flood Recovery Bonds & Gross Receipts 
BILL 
NUMBER Senate Bill 383/ec 
  
ANALYST Graeser 
 
REVENUE* 
(dollars in thousands) 
Type FY25 FY26 FY27 FY28 FY29 
Recurring or 
Nonrecurring 
Fund 
Affected GRT 
Administrative Fee 
$0* 
Up to 
$114.0 
Up to 
$117.0 
Up to 
$120.0 
Up to 
$123.0 
Recurring General Fund 
Muni Recovery 
GRT 
$0* 
Up to 
$3,670.0 
Up to 
$3,780.0 
Up to 
$3,880.0 
Up to 
$3,990.0 
Recurring Roswell 
Bond Proceeds 
Up to 
$44,000.0 
$0 $0 $0 $0 Nonrecurring Roswell 
FEMA 
Reimbursement 
$0* 
Up to 
$33,500.0 
Up to 
$33,500.0 
Up to 
$33,500.0 
Up to 
33,500.0 
Nonrecurring Roswell 
GRT 
$0* 
Up to 
$1,630.0 
Up to 
$1,630.0 
Up to 
$1,630.0 
Up to 
$1,630.0 
Nonrecurring 
General 
Fund** 
$0* 
Up to 
$460.0 
Up to 
$460.0 
Up to 
$460.0 
Up to 
$460.0 
Nonrecurring 
Chaves 
County 
$0* 
Up to 
$1,550.0 
Up to 
$1,550.0 
Up to 
$1,550.0 
Up to 
$1,550.0 
Nonrecurring Roswell 
Parentheses ( ) indicate revenue decreases. 
* Probable despite emergency clause  
** Does not include Admin Fee. 
 
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT* 
(dollars in thousands) 
Agency/Program 
FY25 FY26 FY27 
3 Year 
Total Cost 
Recurring or 
Nonrecurring 
Fund 
Affected 
TRD Up to $500.0 Up to $500.0 Nonrecurring General Fund 
Parentheses ( ) indicate expenditure decreases. 
 
Sources of Information
 
RP500 Reports  
LFC Files 
 
Agency Analysis Received From 
Department of Public Safety (DPS) 
 
Agency Analysis was Solicited but Not Received From 
Taxation and Revenue Department (TRD) Department of Finance and Administration/Local Government Division (DFA/LGD) 
Department of Homeland Security and Emergency Management (DHSEM) 
  Senate Bill 383/ec – Page 2 
 
 
SUMMARY 
 
Synopsis of Senate Bill 383   
 
Senate Bill 383 (SB383) expands the use of revenue bonds to include flood recovery and then 
defines the municipalities permitted to use them in such a way that only the city of Roswell 
qualifies. Under the bill, Roswell would be permitted to impose a local option municipal flood 
recovery gross receipts tax of up to 0.25 percent and use the proceeds of that tax to amortize 
gross receipts revenue bonds.  
 
Section 4 of the bill provides a temporarily limited governmental gross receipts tax deduction 
[emphasis added] for services and materials to a municipality if the services and tangible 
personal property are used exclusively for the rebuilding, repairing, replacing, or hardening of 
the municipality's property that was damaged by a flood.  
 
This bill contains an emergency clause and would become effective the first of the month 
following signature by the governor. 
 
FISCAL IMPLICATIONS  
 
Roswell could use the bond proceeds to provide the 25 percent local share for federal disaster aid 
for rebuilding, repairing, replacing, and hardening of municipal property damaged by a flood. 
The impact of the governmental gross receipts tax (GGRT) deduction is uncertain. This 
deduction will not allow a deduction from the regular gross receipts tax for repairs contracted by 
the city to private contractors. The usual procedure in that case is for the city to reimburse the 
contractors for their gross receipts tax liability. The proceeds of the bonds are specifically 
restricted to repairs of municipal property damaged by the flood. The deduction is to sunset as of 
July 1, 2028. The deduction may have something to do with the 75 percent of reimbursable costs 
available from the Federal Emergency Management Agency. 
 
The municipal flood recovery gross receipt tax may be imposed in increments of 0.001 percent 
up to .25 percent. The tax will continue until the bonds are paid off. 
 
 
FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 
MTGR ($1,000,000) $1,32	8 $1,412 $1,421 $1,468 $1, 514 $1,557 $1,600 $1,643 
Revenue at .25% ($1,000) $3,220 $3,420 $3,450 $3,560 $3,674 $3,778 $3,882 $3,986 
3% Admin -- Gen Fund ($1,000) $100.0 $106.0 $107.0 $110.0 $114.0 $117.0 $120.0 $123.0 
 
With the emergency clause, the tax could begin as early as April 1, 2025, but this would be out 
of cycle for the Taxation and Revenue Department (TRD). The tax would more likely begin July 
1, 2025, with the current tax-exempt interest rate of 4.42 percent for revenue bonds for a loan 
from the public project revolving fund. For 20-year bonds and projecting the proceeds of the tax 
based on FY22 through FY25 second quarter amounts, total proceeds of the tax would be $68 
million and the net present value $45 million. This $45 million, less cost of the bond sales, would 
be a good approximation of the maximum amount of the loan. This calculation would be for the 
full amount of the 0.25 percent tax 
 
  Senate Bill 383/ec – Page 3 
 
 
SIGNIFICANT ISSUES 
 
On October 21, 2024, Roswell experienced serious flooding with substantial property damage 
and two fatalities. The area was declared a federal disaster area on November 2, 2024. 
 Roswell recorded 5.78 inches of rainfall, four times the region's average October rainfall 
and breaking the previous record of 5.65 inches set in 1901. 
 The Spring River channel overflowed, causing extreme flooding in downtown 
Roswell. First responders performed more than 300 water rescues.  
 The flooding inundated roads, swept away cars, and damaged bridges and buildings. The 
flooding left much of the city under a layer of silt. 
 The governor declared a state of emergency for the Chaves County area, unlocking $1 
million in state funding to help relief efforts. 
 The president declared a federal disaster area and made it eligible for federal disaster 
relief. 
 
 
TECHNICAL ISSUES 
 
The governmental gross receipts tax deduction proposed could render the FEMA money not 
taxable. 
 
 
LG/sgs/hg