HB295 creates the “Accessibility Act,” a statewide accessibility framework for New Mexico state agencies. The bill requires each state agency’s websites and mobile applications to meet digital accessibility standards based on Web Content Accessibility Guidelines 2.1 Level AA, and it also requires state agencies to comply with physical accessibility standards for services, programs, activities, and facilities. Agencies must post accessibility statements on their websites after the compliance deadline, and the Department of Information Technology must adopt and update the digital accessibility rules.
The bill also establishes an Office of Accessibility within the governor’s commission on disability. That office would be led by a chief accessibility officer who would provide technical assistance, training, compliance tools, and support for agencies working to improve both digital and physical accessibility. The office must also produce recurring public reports on agency compliance, barriers, and corrective actions, with agencies required to submit their own accessibility analyses in advance of those reports.
Impact
HB295 would add new statutory duties for state agencies, the Department of Information Technology, and the governor’s commission on disability by creating enforceable accessibility requirements for state government websites, mobile apps, and physical facilities. It would effectively standardize accessibility compliance across state agencies, require public-facing accessibility disclosures, and create a new office to monitor and assist implementation. The bill also incorporates ADA-based physical accessibility standards and allows agencies to avoid specific actions only if they can show a fundamental alteration or undue financial or administrative burden.
Sentiment
The available voting history suggests broad support for the bill: it passed the House on final passage by a wide margin, 56-6. No committee transcripts were provided, so there is no recorded debate to indicate significant opposition in committee. Overall, the bill appears to have been received as a pro-accessibility measure with strong legislative backing.
Contention
The main points of potential contention are the compliance costs and administrative burden on state agencies, especially smaller agencies that may need to upgrade websites, mobile applications, procurement practices, and physical facilities. The bill anticipates this concern by including exceptions where compliance would cause a fundamental alteration or an undue financial or administrative burden. Another possible area of discussion is the scope of the new Office of Accessibility and the extent of oversight, reporting, and rulemaking authority it would have over agencies.