HB 153 New Mexico House · 2026 Regular Session

LOW-CARBON CONSTRUCTION MATERIAL REBATE ACT

HB 153 establishes a state rebate program to incentivize the use of low-carbon construction materials, such as cement, steel, and glass, in eligible projects (over one residential unit or 5,000 square feet of nonresidential space). Material buyers (e.g., developers or contractors) can receive rebates for purchasing materials meeting emissions benchmarks set by the Department of Environment - 15% below industry-average greenhouse gas emissions - verified through independently assessed environmental product declarations. Rebates are capped at $500,000 per project and $10 million statewide annually, with priority given to projects achieving the greatest emissions reductions and using New Mexico-made materials. The program requires annual reporting on emissions reductions and includes strict antifraud measures, including penalties for false claims.

Bill status vetoed 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Feb 2026

Vetoed

Mar 2026

Introduced Jan 26, 2026 Vetoed Mar 11, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

EN substitute → Final Version · 3 edits

MINOR

The bill was reorganized and streamlined from a multi-section format to a more cohesive structure with clearer definitions and program requirements. The core policy content remains largely the same, but formatting was corrected to remove bracketed editorial marks and consolidate sections for better readability.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily formatting and structural reorganization.

TECHNICAL

Removed bracketed editorial marks and line numbers that were part of the committee substitute markup process.

Consolidated definitions and program requirements into clearer, sequential sections with proper numbering.

POLICY

Core policy provisions including rebate amounts, eligibility criteria, and implementation timelines remain substantively the same.

introduced version → AF substitute · 8 edits

MODERATE

The bill was amended from a single Low-Carbon Construction Material Rebate Act into a comprehensive package of three new environmental programs. The substitute version significantly expands the scope by adding the Environmental Product Declaration Act and the Industrial Carbon Reduction Act, which introduce new funding mechanisms and eligibility criteria for industrial facilities. These changes transform the legislation from a narrow rebate program into a broader industrial decarbonization strategy with multiple funding streams and reporting requirements.

Scope change

The bill's scope expanded from a single construction material rebate program to three distinct acts covering construction rebates, environmental product declarations, and industrial carbon reduction incentives. The applicability now includes industrial facilities beyond just construction projects, with new definitions and requirements for manufacturing sectors.

SCOPE

Added two new acts: the Environmental Product Declaration Act and the Industrial Carbon Reduction Act, expanding the bill from one program to three comprehensive environmental initiatives.

FISCAL

Created new funding programs including a carbon reduction production incentive ($85 per ton of CO2 reduced) and a carbon reduction investment grant (10% of qualified expenditures, up to $5 million).

ELIGIBILITY

Expanded eligibility criteria to include industrial facilities producing eligible products like concrete, steel, aluminum, hydrogen, and other industrial goods, not just construction material buyers.

DEFINITION

Added extensive new definitions for terms like 'carbon intensity,' 'embodied carbon,' 'eligible entity,' and 'qualified expenditure' to support the new industrial programs.

REQUIREMENT

Established new requirements for environmental product declarations including independent verification, life-cycle assessments, and specific reporting formats.

ENFORCEMENT

Added fraud provisions with fourth-degree felony penalties for submitting false information to obtain rebates or incentives.

TIMELINE

Extended program timelines with new deadlines including application periods opening within 18 months of the 2026 act and certification issuance through December 31, 2036.

TECHNICAL

Added detailed methodologies for calculating carbon intensity, industry benchmarks, and emissions baselines across multiple sectors.

Floor votes · Senate Feb 18, 2026 · House Feb 15, 2026

How they voted

26–6

Passed · 6 other

Total votes 38

Feb 18, 2026

D Democratic22

20 Yea 2

90% Yea

R Republican16

6 Yea 6 Nay 4

37% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 11, 2026

Vetoed

executive

Feb 18, 2026

Upper · Passed

DO PASS committee report adopted

upper

Feb 18, 2026

Upper · Passed

passed Senate

upper

Feb 15, 2026

Introduced

Sent to Senate Conservation Committee

upper

Feb 15, 2026

Lower · Passed

passed House

lower

Feb 14, 2026

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Feb 3, 2026

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 26, 2026

Introduced

Sent to House Energy, Environment and Natural Resources Committee & House Appropriations & Finance Committee

lower

5 primary · 0 co-sponsors