New Mexico Register / Volume XXXVI,
Issue 24 / December 23, 2025
TITLE 11 LABOR
AND WORKERS COMPENSATION
CHAPTER 1 LABOR
GENERAL PROVISIONS
PART 5 INDUSTRIAL REVENUE BONDS
11.1.5.1 ISSUING
AGENCY: New Mexico Department of Workforce
Solutions, Labor Relations Division, Labor and Industrial Bureau, Public Works
Section.
[11.1.5.1 NMAC – N, 11.1.5.1 NMAC,
1/1/2026]
11.1.5.2 SCOPE:
All contractors, subcontractors, employers or any person acting as a
contractor who employs laborers or mechanics to perform work on projects
undertaken under the auspices of a municipality or county through the issuance
of an industrial revenue bond, the contractor, subcontractor, employer or
person acting as a contractor shall pay the prevailing wage and comply with the provisions of this
section.
[11.1.5.2 NMAC – N, 11.1.5.2 NMAC, 1/1/2026]
11.1.5.3 STATUTORY
AUTHORITY: Subsection J of Section
13-4-11 NMSA 1978.
[11.1.5.3 NMAC – N, 11.1.5.3 NMAC,
1/1/2026]
11.1.5.4 DURATION: Permanent.
[11.1.5.4
NMAC – Rp, 11.1.5.4 NMAC, 1/1/2026]
11.1.5.5 EFFECTIVE
DATE: December 23, 2025, unless a later date is
cited at the end of a section.
[11.1.5.5
NMAC - Rp, 11.1.5.5 NMAC, 1/1/2026]
11.1.5.6 OBJECTIVE: The purpose of this rule is to define
regulations necessary for the application of prevailing wage rates for laborers
and mechanics employed under the auspices of a local government through the
issuance of an industrial revenue bond, including procedures for the
predetermination of wages, the adoption of job classification descriptions, and
the adoption of procedures for the enforcement of the Public Works Minimum Wage
Act (PWMWA), and in conformity with the Public Works Apprenticeship and
Training Act (PWAT).
[11.1.5.6
NMAC - Rp, 11.1.5.6 NMAC, 1/1/2026]
11.1.5.7 DEFINITIONS: As used in this section includes:
A. “Commission” means the labor and industrial
commission.
B. “Company” means the private entity that is the borrower
or lessee pursuant to an industrial revenue bond.
C. “Contract” means any written agreement made by the
company for the alteration, construction, demolition, maintenance, or repair of
the project subject to the industrial revenue bond.
D. “Contracting agency” means any local entity that
is legally authorized and financially positioned to issue an industrial revenue
bond involving a contractor, subcontractor, employer, or any person acting as a
contractor.
E. “Director” means the director of the labor
relations division of the New Mexico department of workforce solutions.
F. “Industrial Revenue Bond” (IRB) means a loan a
bond purchaser makes to a company where the loan proceeds and repayment flow
through the contracting agency.
G. “IRB project” means any construction, alteration,
demolition, renovation, or repair, including but not limited to painting,
resurfacing, or decorating, any building, public works project, or road or
pathway that is subject to an industrial revenue bond and that requires or
involves the employment of mechanics, laborers or both.
H. “Locality” means any one or more counties,
municipalities, or cities in the state of New Mexico.
I. “Prevailing wage and benefits” means the hourly
wage rate and fringe benefits as determined by the director to be paid to, or
for the benefit of, employees for work performed by the employee on public
works and IRB projects.
J. “Project site” means the physical location of an
IRB project as well as any off-site locations that engage in the fabrication of
heating, cooling, ventilation or exhaust duct systems that are part of the IRB
project.
[11.1.5.7
NMAC – N, 11.1.5.5 NMAC, 1/1/2026]
11.1.5.8 RESPONSIBILITIES
AND DUTIES:
A. The director is required to fulfill
all obligations and adhere to the procedures stated in Subsection A of 11.1.2.9
NMAC with respect to IRB projects.
B. The contracting agency, or its agent, shall fulfill all
obligations and adhere to the procedures stated in Subsection B of 11.1.2.9
NMAC with respect to industrial revenue bonds.
C. The contractor, subcontractor, employer, and person
acting as a contractor shall be subject to all obligations and requirements,
and shall comply with all rules and procedures set forth in Subsection C of
11.1.2.9 NMAC with respect to IRB projects, and pursuant to NMSA § 13-4D-1
through 13-4D-8 (as amended).
D. The director shall be subject to all obligations and
requirements, and shall comply with all rules and procedures set forth in
Subsection A of 11.1.2.9 NMAC with respect to IRB projects, and pursuant to
NMSA § 13-4D-1 through 13-4D-8 (as amended).
[11.1.5.8 NMAC – N, 11.1.5.8 NMAC, 1/1/2026]
11.1.5.9 PROCEDURE
FOR INVESTIGATION OF VIOLATIONS:
Any potential violation of the PWMWA or the PWAT with respect to IRB
projects shall be reported to the department for investigation in accordance
with the procedures set forth in 11.1.2.15 NMAC.
[11.1.5.9 NMAC – N, 11.1.5.9 NMAC, 1/1/2026]
11.1.5.10 PROCEDURE FOR ENFORCEMENT ACTIONS
AND APPEALS: Any identified violation of the PWMWA or PWAT
involving any IRB project shall be enforced in accordance with the procedures
set forth in 11.1.2.16 NMAC. Determinations of violations of the PWMWA or PWAT
on IRB projects may be appealed in conformity with the procedures set forth in
11.1.2.17 NMAC.
[11.1.5.10 NMAC – N, 11.1.5.10 NMAC, 1/1/2026]
11.1.5.11 DETERMINATION AND ADOPTION OF
PREVAILING WAGE AND BENEFIT RATES:
Prevailing wage and benefits for all workers with respect to IRB
projects shall be determined consistent with the procedures set forth in
11.1.2.12 NMAC. These wage rates shall be adopted in conformity with the procedures
set forth in 11.1.2.13 NMAC and become effective in accordance with the
procedures set forth in 11.1.2.14 NMAC.
[11.1.5.11 NMAC – N, 11.1.5.11 NMAC, 1/1/2026]
11.1.5.12 JOB
CLASSIFICATIONS AND DESCRIPTIONS: The job classifications and descriptions for
IRB projects
shall be consistent with the job classifications and descriptions set forth in
11.1.2.18 NMAC.
[11.1.5.12 NMAC – N, 11.1.5.12 NMAC, 1/1/2026]
11.1.5.13 PREVAILING WAGE AND BENEFIT
RATES:
A. Employees on IRB projects shall
receive the prevailing wage, fringe benefits, and corresponding overtime pay in
conformity with their respective job description at the rates identified in
11.1.2.20 NMAC.
B. Employees on IRB projects shall
receive subsistence, zone, and incentive pay rates in conformity with their
respective job description at the rates identified in 11.1.2.21 NMAC.
[11.1.5.13 NMAC – N, 11.1.5.13, 1/1/2026]
11.1.5.14 IRB
PROJECTS - EFFECTIVE DATE: The provisions of this rule shall apply
to IRB projects approved by a contracting agency after June 20, 2025.
[11.1.5.14 NMAC – N, 11.1.5.14, 1/1/2026]
HISTORY OF
10.8.2 NMAC: [RESERVED]