HB 165 New Mexico House · 2026 Regular Session

PAYMENT OF CERTAIN IRB SPECIAL ASSESSMENTS

HB 165 clarifies that property lessees under industrial revenue bond leases must pay special assessments for eligible energy, water, or resilience improvements on commercial, industrial, or large residential properties. The bill amends New Mexico law to explicitly include lessees (not just owners) as responsible for these payments under the Improvement Special Assessment Act. Key provisions require counties to record liens securing these assessments against the property, with the payment obligation tied to the lease agreement. This directly affects lessees of properties with five or more dwelling units or industrial facilities financed through such leases. The bill does not change the types of qualifying improvements or create new financing mechanisms.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House Passage
Feb 2026
Senate Passage
Feb 2026
Signed into Law
Mar 2026
Introduced Jan 28, 2026 Signed Mar 4, 2026
Maddy AI version diff · 1 comparison

What changed between versions

introduced version Final Version · 5 edits
MODERATE
This bill clarifies that special assessments under the Improvement Special Assessment Act must be paid by property owners or lessees holding industrial revenue bond leases, expanding the financial responsibility to include these leaseholders. The bill also reorganizes and updates definitions throughout the statute to align with current practices and ensure clarity for all stakeholders.
Scope change
The bill expands applicability to include lessees under industrial revenue bond leases as responsible parties for special assessments, whereas previously only property owners were explicitly mentioned.
ELIGIBILITY

Added lessees under industrial revenue bond leases as responsible parties for paying special assessments

DEFINITION

Reorganized and updated definitions section to include clearer language for 'eligible property' including tax-exempt entities and industrial revenue bond lease property interests

Added new definitions for 'energy efficiency improvement', 'renewable energy improvement', 'resiliency improvement', and related special assessment terms

Added definition for 'special assessment assignable certificate' to formalize the process of assigning assessment liens to capital providers

REQUIREMENT

Clarified that special assessments include interest, penalties, fees, and enforcement costs in the total amount owed

Floor votes · Senate Feb 18, 2026 · House Feb 12, 2026

How they voted

2710
Passed · 1 other
Total votes 38
Feb 18, 2026
D Democratic22
22 Yea
100% Yea
R Republican16
5 Yea 10 Nay 1
62% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
10
Key actions
7
Committee
4
Mar 4, 2026
Signed into law
Signed
executive
Feb 18, 2026
Upper · Passed
passed Senate
upper
Feb 15, 2026
Upper · Passed
DO PASS committee report adopted
upper
Feb 12, 2026
Introduced
Sent to Senate Tax, Business and Transportation Committee
upper
Feb 12, 2026
Lower · Passed
passed House
lower
Feb 10, 2026
Lower · Passed
DO PASS committee report adopted
lower
Feb 2, 2026
Lower · Passed
DO PASS committee report adopted
lower
Jan 28, 2026
Introduced
Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee
lower
Jan 26, 2026
Lower · Passed
not printed House Rules and Order of Business Committee
lower
4 primary · 0 co-sponsors

Sponsors