Second Session of the 57th Legislature Update
While this years New Mexico Legislative Session ended on February 19, the Governor’s Veto period didn’t end until March 11. With the Governor’s Veto Period now over, we can put a bow on the Second Session of the 57th Legislature. Unfortunately, for those efforts we still opposed, the veto period was uneventful. However, the passed legislative proposals we supported were also unaffected by the veto period, so we have some wins to focus on as well.
Here is a list of those priority bills tracked by PBPA that have now been signed into law by the Governor:
HB 2 – GENERAL APPROPRIATIONS ACT OF 2026
Sponsor: Nathan Small
Summary: While HB 2 generally authorizes appropriations and expenditures for state agencies, it is included here because it provides $1 million in one‑time funding and $500,000 in recurring funding to the New Mexico Institute of Mining and Technology for seismology equipment and expansion of the Bureau of Geology and Mineral Resources’ seismic monitoring network, in partnership with the Oil Conservation Division at EMNRD. This funding originated in HB 48 (NM TECH SEISMOLOGY EQUIPMENT), sponsored by Reps. Joseph Sanchez and Jack Chatfield, and its Senate companion bill, SB 44, sponsored by Sens. Craig Brandt and Bobby Gonzales. The enhanced seismic monitoring funding included in HB 2 will support both NMOCD and industry by improving the quality and availability of data used for produced water disposal permitting and management.
HB 109 - WATER PROJECT FUND CHANGES
Sponsor: Joy Garratt
Summary: House Bill 109 (HB 109) provides criteria for prioritizing water projects pursuant to the Water Project Finance Act and allows the New Mexico Finance Authority to fund water projects from the Water Project Fund without receiving the approval of the legislature until 31 December 2028. It requires a two-thirds majority of both houses of the legislature to extend this date.
SB 151 - CORPORATE INCOME TAX CHANGES
Sponsor: Peter Wirth
Summary: SFCcs/STBTCcs/SB 151: Senate Finance Committee Substitute for Senate Tax, Business and Transportation Committee Substitute for Senate Bill 151 makes changes to the Corporate Income and Franchise Tax Act to decouple certain provisions of federal corporate income tax law, modifies apportionment rules to include income of controlled foreign corporations, and creates multiple new tax credits and gross receipts tax deductions. The bill adds back certain federal bonus depreciation and interest expense deductions, removes a prior subtraction for income under Section 951A of the Internal Revenue Code, and clarifies that apportionment factors apply to attributed controlled foreign corporation income. The bill also creates refundable income and corporate income tax credits for local journalist employment and local news printers, a physician income tax credit, and gross receipts tax deductions for affordable housing development and certain in-office health care equipment and medication. SFCcs/STBTCcs/SB 151 contains multiple applicability dates, with certain provisions effective for taxable years beginning January 1, 2026 or January 1, 2027, and certain gross receipts tax deductions effective July 1, 2026.
HB 70 - PRC SUPPORT AGENCY
Sponsor: Kristina Ortez
Summary: House Bill 70 (HB 70) relates to public utilities, distinguishing between the Public Regulation Commission and the agency that supports it; clarifying agency duties; requiring compliance with the gift act; making other technical changes to the Public Regulation Commission Act; creating the Utility Oversight Fund; changing distribution of collected fees and penalties; and providing for the enforcement of fees by the Public Regulation Commission.
HB 64 - PUBLIC PROJECT REVOLVING FUND APPROPRIATIONS
Sponsor: Kathleen Cates
Summary: House Bill 64 (HB 64) appropriates a total of thirteen million two hundred fifty thousand dollars ($13,250,000) from the Public Project Revolving Fund to the Drinking Water State Revolving Loan Fund, Local Government Planning Fund and Cultural Affairs Facilities Infrastructure Fund. The New Mexico Finance Authority Oversight Committee endorsed this bill.
HB 108 - WATERSHED DISTRICT TAXES AND DIRECTORS
Sponsor: Rebecca Dow
Summary: House Bill 108 (HB 108) revises the Watershed District Act to clarify governance roles between watershed districts and soil and water conservation districts and to require soil and water conservation districts (SWCD) to levy taxes when requested by a watershed district. The bill also updates definitions, clarifies how watershed district directors are appointed when multiple conservation districts are involved, and aligns assessment, budgeting, and expenditure procedures. HB 108 takes effect on July 1, 2026.
HB 80 - OIL & GAS CONSERVATION TAX ACT CHANGES
Sponsor: Mark Murphy
Summary: House Bill 80 (HB 80) makes significant changes to the funding and use of the Oil and Gas Reclamation Fund by increasing the share of Oil and Gas Conservation Tax revenues distributed to the fund, modifying how money in the fund may be used, and making a limited appropriation when certain fiscal conditions are met. The bill phases in increased distributions and directs all conservation tax receipts to the fund for a defined period. HB 80 takes effect on July 1, 2027.
HB 63 - NMFA WATER PROJECT FUND PROJECTS
Sponsor: Kathleen Cates
Summary: House Bill 63 (HB 63) authorizes the New Mexico Finance Authority to make loans or grants from the Water Project Fund for certain water projects and declares an emergency. The New Mexico Finance Authority Oversight Committee endorsed this bill.
HB 111 - WATER LAW VIOLATION MAXIMUM PENALTY
Sponsor: Kristina Ortez
Summary: House Bill 111 (HB 111) increases the maximum penalty for a violation of water law
HB 154 - ADVANCED ENERGY PRODUCT DEFINITION
Sponsor: Meredith Dixon
Summary: House Bill 154 (HB 154) amends the Advanced Energy Equipment Income Tax Credit and the Advanced Energy Equipment Corporate Income Tax Credit by revising the definition of advanced energy product. The bill replaces the prior reliance on federal tax law references with a detailed state list of qualifying products and components, including solar, wind, battery, fusion, inverter technologies, and specified critical minerals. HB 154 applies to taxable years beginning on or after January 1, 2026.
SB 2 - STATE HIGHWAY PROJECT BONDS
Sponsor: Roberto (Bobby) Gonzales
Summary: Senate Bill 2 (SB 2): The proposed bill would increase revenues dedicated to road funding and expand bonding authority for state highway projects, while increasing transparency in how bond-financed projects are selected and prioritized.
Thank you everyone for your engagement and support this session. PBPA sincerely appreciates your partnership and collaboration throughout the legislative process and we look forward to continuing this work together during the interim. Together, we can continue to protect and strengthen your license to operate in the Land of Enchantment.
Please reach out to Stephen Robertson (stephen@pbpa.info) for more information.