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--- version:introduced version+++ version:(document, no version)@@ -1,286 +1,22 @@-HOUSE BILL 153--57th legislature - STATE OF NEW MEXICO - second session, 2026--INTRODUCED BY--Meredith A. Dixon and Kristina Ortez and Nathan P. Small--and Tara L. Lujan and Cynthia Borrego--AN ACT--RELATING TO THE ENVIRONMENT; ENACTING THE LOW-CARBON-CONSTRUCTION MATERIAL REBATE ACT; CREATING A FUND; MAKING-APPROPRIATIONS.--BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:-- SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be-cited as the "Low-Carbon Construction Material Rebate Act".-- SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the-Low-Carbon Construction Material Rebate Act:-- A. "covered construction materials" means materials-used in a construction project, including cement, concrete,-asphalt binder, asphalt mixtures, aluminum, steel, glass,-roofing material, engineered wood and precast concrete;-- B. "department" means the department of-environment;-- C. "emissions baseline" means a calculation of the-industry-average greenhouse gas emissions associated with a-material;-- D. "emissions benchmark" means the maximum-acceptable amount of greenhouse gas emissions associated with a-category of covered construction materials eligible for the-rebate;-- E. "environmental product declaration" means a-declaration that is independently verified and provides a-life-cycle assessment of a product's global warming potential-and facilitates a comparison of environmental impacts among-products fulfilling the same function as set forth in Section 3-of the Low-Carbon Construction Material Rebate Act;-- F. "global warming potential" means the quantity of-greenhouse gas emissions associated with a product expressed in-terms of carbon dioxide equivalent, expressed using a one-hundred-year time horizon;-- G. "low-carbon construction material" means a-covered construction material with a global warming potential-at or below the emissions benchmark established by the-department;-- H. "material buyer" means a person purchasing low--carbon construction material and using that material for-construction;-- I. "material supplier" means a manufacturer,-producer or distributor of covered construction materials;-- J. "program" means the low-carbon construction-material rebate program;-- K. "project" means a construction project involving-more than one residential unit or more than five thousand-square feet of nonresidential floor area; and-- L. "rebate" means a payment to a material buyer to-offset a portion of the cost of a qualifying purchase.-- SECTION 3. [NEW MATERIAL] ENVIRONMENTAL PRODUCT-DECLARATIONS--REQUIREMENTS.--An environmental product-declaration shall:-- A. be product- or facility-specific, unless the-department determines that only industry-average environmental-product declarations are available for a particular covered-material;-- B. be independently verified;-- C. facilitate a comparison of environmental impacts-between products fulfilling the same function;-- D. meet or exceed internationally recognized-standards for environmental product declarations;-- E. have been issued within five years of the date-submitted to the department; and-- F. include:-- (1) a life-cycle assessment of a product's-global warming potential;-- (2) the manufacturing facility's location;-- (3) the scope of life-cycle analysis;-- (4) the date of issuance;-- (5) the product's specifications and-performance characteristics; and-- (6) additional information the department-deems necessary.-- SECTION 4. [NEW MATERIAL] LOW-CARBON CONSTRUCTION-MATERIAL REBATE PROGRAM ESTABLISHED.---- A. The department shall establish and administer a-"low-carbon construction material rebate program" to provide-financial incentives to material buyers who purchase low-carbon-construction material.-- B. The program shall provide rebates for low-carbon-construction material purchased by a material buyer subject to-the requirements and limits established in the Low-Carbon-Construction Material Rebate Act.-- C. By no later than July 1, 2027, the department-shall promulgate rules to implement the program, including:-- (1) application procedures and required-documentation;-- (2) verification and audit requirements;-- (3) procedures for establishing and updating-emissions baselines, emissions benchmarks and rebate amounts;-- (4) requirements for environmental product-declarations; and-- (5) antifraud and enforcement provisions.-- SECTION 5. [NEW MATERIAL] EMISSIONS BASELINES AND-BENCHMARKS.---- A. The department shall establish emissions-baselines for conventionally produced covered construction-materials. Emissions baselines shall be based on regional-industry-average emissions data, or the best available data-source as determined by the department, and shall be updated-every three years.-- B. Emissions benchmarks adopted by the department-may be fifteen percent lower than the emissions baseline for-each material.-- C. The department shall review and may adjust-emissions baselines and emissions benchmarks every three years-to reduce emissions levels over time. The department shall not-increase allowable emissions levels without legislative-authorization.-- SECTION 6. [NEW MATERIAL] REBATE STRUCTURE--LIMITS.---- A. Material buyers shall be eligible for rebates-for low-carbon construction material, subject to the following-limits:-- (1) a maximum rebate of five hundred thousand-dollars ($500,000) per project; and-- (2) a maximum rebate of ten million dollars-($10,000,000) statewide per fiscal year.-- B. If applications for rebates exceed money in the-low-carbon construction material rebate fund, the department-shall prioritize distribution of rebates based on:-- (1) greatest emissions reductions relative to-the emissions baseline for an equivalent conventionally-produced material per dollar of rebate;-- (2) greatest emissions reductions relative to-the emissions baseline for an equivalent conventionally-produced material per unit of material;-- (3) material produced by New Mexico-based-manufacturers; and-- (4) other criteria as determined by the-department.-- SECTION 7. [NEW MATERIAL] VERIFICATION AND CERTIFICATION-REQUIREMENTS.---- A. To receive a rebate, a material buyer shall-submit:-- (1) an environmental product declaration for-the low-carbon construction material;-- (2) evidence of the price paid for the low-carbon construction material and the person that paid the-price; and-- (3) any additional documentation required by-the department.-- B. The department may conduct audits and-inspections to verify compliance with program requirements and-may require additional documentation or testing.-- SECTION 8. [NEW MATERIAL] REPORTING.---- A. The department shall submit an annual report to-the governor and the appropriate interim legislative committee-by October 1 of each year detailing:-- (1) the number and value of rebates issued;-- (2) types and quantities of low-carbon-construction material used by rebate recipients;-- (3) estimated greenhouse gas emissions-reductions achieved;-- (4) market availability and pricing trends for-low-carbon construction material; and-- (5) program effectiveness and recommendations-for improvements.-- B. The department shall make rebate awards and-program data publicly available on its website.-- SECTION 9. [NEW MATERIAL] ANTIFRAUD PROVISIONS.---- A. A material buyer or material supplier who-knowingly submits false information or fraudulent documentation-to obtain rebates under the Low-Carbon Construction Material-Rebate Act is guilty of a fourth degree felony pursuant to-Section 31-18-15 NMSA 1978 and shall be:-- (1) permanently disqualified from-participating in the program;-- (2) required to repay all rebates received-through fraud; and-- (3) subject to debarment from state-procurement.-- B. The department shall establish procedures for-investigating suspected fraud and shall cooperate with law-enforcement authorities in prosecution of a claim of fraud.-- SECTION 10. [NEW MATERIAL] LOW-CARBON CONSTRUCTION--MATERIAL REBATE FUND.---- A. The "low-carbon construction material rebate--fund" is created as a nonreverting fund in the state treasury.--The fund consists of appropriations, gifts, grants and-donations for the purposes of the provisions of the Low-Carbon-Construction Material Rebate Act. No more than twenty percent-of the money in the fund is appropriated to the department for-the administration of the program established pursuant to the-Low-Carbon Construction Material Rebate Act. Disbursements-from the fund shall be made by warrant of the department of-finance and administration upon vouchers signed by the-secretary of environment or the secretary's authorized-representative.-- B. The department may use money in the fund for-costs related to administering the program.-- SECTION 11. APPROPRIATION.--Twenty-five million dollars-($25,000,000) is appropriated from the general fund to the low-carbon construction material rebate fund for expenditure in-fiscal year 2027 and subsequent fiscal years for the payment of-rebates pursuant to Section 4 of the Low-Carbon Construction-Material Rebate Act. Any unexpended balance remaining at the-end of a fiscal year shall not revert to the general fund.-- SECTION 12. EFFECTIVE DATE.--The effective date of the-provisions of this act is July 1, 2026.--- 9 -+FIFTY-SEVENTH LEGISLATURE+SECOND SESSION, 2026+February 18, 2026+Mr. President:+Your CONSERVATION COMMITTEE, to whom has been referred+ HOUSE APPROPRIATIONS & FINANCE COMMITTEE SUBSTITUTE+FOR HOUSE ENERGY, ENVIRONMENT AND NATURAL RESOURCES+COMMITTEE SUBSTITUTE FOR HOUSE BILL 153+has had it under consideration and reports same with recommendation+that it DO PASS.+Respectfully submitted,+____________________________________+Senator Elizabeth "Liz" Stefanics, Chair+Adopted_______________________ Not Adopted_______________________+ (Chief Clerk) (Chief Clerk)+ Date ________________________+The roll call vote was 4 For 1 Against+Yes: Charley, O'Malley, Sedillo Lopez, Stefanics+No: Scott+Excused: Cervantes, Ezzell, Hamblen, Thornton+Absent: None+HB0153CO1.wpd
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