HOUSE BILL 168

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Alan T. Martinez and Rebecca Dow

AN ACT

RELATING TO CONSTRUCTION COSTS; REQUIRING THE CONSTRUCTION INDUSTRIES COMMISSION AND THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT TO CONSIDER COST STUDIES FOR PROPOSED RULES AND TRADE BUREAU RECOMMENDATIONS THAT ARE ANTICIPATED TO AFFECT THE COST OF COMMERCIAL OR RESIDENTIAL CONSTRUCTION; REQUIRING THE CONSTRUCTION INDUSTRIES COMMISSION AND THE TRADE BUREAUS TO PRODUCE COST STUDIES FOR PROPOSED RULES AND TRADE BUREAU RECOMMENDATIONS THAT ARE ANTICIPATED TO AFFECT THE COST OF COMMERCIAL OR RESIDENTIAL CONSTRUCTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Construction Industries Licensing Act is enacted to read:

     "[NEW MATERIAL] COST STUDIES REQUIRED--ADOPTION OF CODE--RULEMAKING.--

          A. A trade bureau within its respective jurisdiction shall produce a cost study for any recommendation for a minimum standard or additional specification made pursuant to Section 60-13-44 NMSA 1978 or a rule that is anticipated to affect the cost of commercial or residential construction and submit the cost study along with the recommendation to the commission and the division.

          B. The commission shall produce a cost study for any rule that is anticipated to affect the cost of commercial or residential construction for which a trade bureau has not already produced a cost study and submit the cost study to the division. If the commission or the division changes a minimum standard or additional specification recommended to the commission and by a trade bureau pursuant to Section 60-13-44 NMSA 1978 and the changes are anticipated to affect the cost of commercial or residential construction, the commission shall complete a revised cost study for the standard or additional specification and submit the cost study to the division.

          C. A cost study or a revised cost study shall estimate the change to the cost of commercial and residential construction in the state that is anticipated by the proposed change to rules or code.

          D. Beginning July 1, 2025, the commission and the division shall consider a cost study for any:

                (1) trade bureau recommendation for a minimum standard or additional specification made pursuant to Section 60-13-44 NMSA 1978 before approving the recommendation; and

                (2) proposed rule that is anticipated to affect the cost of commercial or residential construction.

          E. The commission or division shall provide the cost study along with a proposed rule to the public in accordance with the State Rules Act for review and public comment prior to the rule's adoption, amendment or repeal."

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