HB 323 revises exemptions within New Mexico’s Engineering and Surveying Practice Act. The bill preserves existing exemptions for licensed architects performing incidental engineering work and for engineers employed by a business entity doing work solely for that entity’s own operations, while clarifying that such work must remain within the legal boundaries of property owned, leased, or lawfully operated by the business and may not be offered to the public. It also specifies that engineering on public works projects or within off-premises easements remains subject to the Act.
The bill adds a new exemption for rural electric distribution cooperatives, allowing them to perform engineering services without falling under the Engineering and Surveying Practice Act so long as those services are not offered to the public and are limited to property the cooperative owns, leases, has an easement or right-of-way on, or lawfully operates. In practical terms, the measure narrows regulatory coverage for certain in-house and utility-related engineering activities while leaving public-facing engineering work under licensure requirements.
Impact
HB 323 amends Section 61-23-22 NMSA 1978, which governs exemptions from the Engineering and Surveying Practice Act. The bill affects licensed architects, engineers employed by private business entities, and rural electric distribution cooperatives by defining when their work is exempt from professional engineering licensure requirements. It does not broadly deregulate engineering practice, but it does carve out additional non-public, property-limited activities from state licensure oversight.
Sentiment
The available voting history indicates strong bipartisan support and little opposition: the bill passed the House 61-0 and the Senate 25-2. No committee transcript excerpts were provided, so there is no recorded debate to suggest significant controversy. Overall, the legislative sentiment appears favorable, with broad agreement that the bill clarifies and modestly expands exemptions without affecting public-facing engineering regulation.
Contention
The main policy issue is the scope of licensure exemptions and whether certain engineering work should remain subject to state oversight. Potential concerns would center on ensuring that exempt work stays confined to non-public, on-site operations and does not create a loophole for unlicensed practice, especially for business entities and rural electric distribution cooperatives. The bill’s text addresses that concern by limiting exemptions to work not offered to the public and tied to property the entity controls, but the narrow Senate opposition suggests some legislators may still have had reservations about expanding exemptions.