INDEX GAS, WEIGHT & SPECIAL FUELS TAXES

SB0213

SENATE BILL 213

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

George K. Muñoz

AN ACT

RELATING TO TAXATION; INDEXING THE GASOLINE TAX, THE WEIGHT
DISTANCE TAX AND THE SPECIAL FUEL EXCISE TAX.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 7-13-3 NMSA 1978 (being Laws 1971,
Chapter 207, Section 3, as amended) is amended to read:

"7-13-3. IMPOSITION AND RATE OF TAX--DENOMINATION AS
"GASOLINE TAX".--

A. For the privilege of receiving gasoline in this
state, there is imposed an excise tax at a rate provided in
Subsection B of this section on each gallon of gasoline
received in New Mexico.

B. The tax imposed by Subsection A of this section
shall be:

(1) prior to July 1, 2028
, seventeen cents
($.17) per gallon received in New Mexico;
and

(2) on and after July 1, 2028, the rate
determined pursuant to Subsection C of this section.

C. No later than April 30, 2028 and April 30 of
each subsequent year, the department shall calculate the rate
of gasoline tax to be imposed as of July 1 of that year. The
rate of the gasoline tax per gallon shall be equal to the
product, rounded down to the nearest whole cent, of seventeen
cents ($.17) multiplied by a fraction with a numerator equal to
the consumer price index for the previous calendar year and a
denominator equal to the consumer price index for calendar year
2026; provided that the rate of the tax shall not be less than
the rate imposed on July 1 of the previous year. As used in
this subsection, "consumer price index" means the consumer
price index for all urban consumers as published by the United
States bureau of labor statistics
.

[
C.
]
D.
The tax imposed by this section may be
called the "gasoline tax"."

SECTION 2.
Section 7-15A-6 NMSA 1978 (being Laws 1988,
Chapter 73, Section 33, as amended) is amended to read:

"7-15A-6. TAX RATE FOR MOTOR VEHICLES OTHER THAN BUSES--REDUCTION OF RATE FOR ONE-WAY HAULS.--

A. For on-highway operations of motor vehicles
other than buses, the weight distance tax shall be:

(1) prior to July 1, 2028
, computed in
accordance with the following schedule:

Declared Gross Weight

Tax Rate

(Gross Vehicle Weight)

(Mills per Mile)

26,001 to 28,000

11.01

28,001 to 30,000

11.88

30,001 to 32,000

12.77

32,001 to 34,000

13.64

34,001 to 36,000

14.52

36,001 to 38,000

15.39

38,001 to 40,000

16.73

40,001 to 42,000

18.05

42,001 to 44,000

19.36

44,001 to 46,000

20.69

46,001 to 48,000

22.01

48,001 to 50,000

23.33

50,001 to 52,000

24.65

52,001 to 54,000

25.96

54,001 to 56,000

27.29

56,001 to 58,000

28.62

58,001 to 60,000

29.93

60,001 to 62,000

31.24

62,001 to 64,000

32.58

64,001 to 66,000

33.90

66,001 to 68,000

35.21

68,001 to 70,000

36.52

70,001 to 72,000

37.86

72,001 to 74,000

39.26

74,001 to 76,000

40.71

76,001 to 78,000

42.21

78,001 and over

43.78;
and

(2) on and after July 1, 2028, the rate
determined pursuant to Subsection B of this section.

B. No later than April 30, 2028 and April 30 of
each subsequent year, the department shall calculate the rates
of the weight distance tax to be imposed as of July 1 of that
year. The rates shall be equal to the product, rounded down to
the nearest whole cent, of the rates pursuant to Subsection A
of this section multiplied by a fraction with a numerator equal
to the consumer price index for the previous calendar year and
a denominator equal to the consumer price index for calendar
year 2026; provided that the rates of the tax shall not be less
than the rates imposed on July 1 of the previous year. As used
in this subsection, "consumer price index" means the consumer
price index for all urban consumers as published by the United
States bureau of labor statistics
.

[
B.
]
C.
All motor vehicles for which the tax is
computed under Subsection A of this section shall pay a tax
that is two-thirds of the tax computed under Subsection A of
this section if:

(1) the motor vehicle is customarily used for
one-way haul;

(2) forty-five percent or more of the mileage
traveled by the motor vehicle for a registration year is
mileage that is traveled empty of all load; and

(3) the registrant, owner or operator of the
vehicle attempting to qualify under this subsection has made a
sworn application to the department to be classified under this
subsection for a registration year and has given whatever
information is required by the department to determine the
eligibility of the vehicle to be classified under this
subsection and the vehicle has been so classified.
"

SECTION 3.
Section 7-15A-7 NMSA 1978 (being Laws 1988,
Chapter 73, Section 34, as amended) is amended to read:

"7-15A-7. TAX RATE FOR BUSES.--

A.
For all buses, the weight distance tax shall be:

(1) prior to July 1, 2028
, computed in
accordance with the following schedule:

Declared Gross Weight

Tax Rate

(Gross Vehicle Weight)

(Mills per Mile)

26,001 to 28,000

11.01

28,001 to 30,000

11.88

30,001 to 32,000

12.77

32,001 to 34,000

13.64

34,001 to 36,000

14.52

36,001 to 38,000

15.39

38,001 to 40,000

16.73

40,001 to 42,000

18.05

42,001 to 44,000

19.36

44,001 to 46,000

20.69

46,001 to 48,000

22.01

48,001 to 50,000

23.33

50,001 to 52,000

24.65

52,001 to 54,000

25.96

54,001 and over

27.29;
and

(2) on and after July 1, 2028, the rate
determined pursuant to Subsection B of this section.

B. No later than April 30, 2028 and April 30 of
each subsequent year, the department shall calculate the rates
of the weight distance tax to be imposed as of July 1 of that
year. The rates shall be equal to the product, rounded down to
the nearest whole cent, of the rates pursuant to Subsection A
of this section multiplied by a fraction with a numerator equal
to the consumer price index for the previous calendar year and
a denominator equal to the consumer price index for calendar
year 2026; provided that the rates of the tax shall not be less
than the rates imposed on July 1 of the previous year. As used
in this subsection, "consumer price index" means the consumer
price index for all urban consumers as published by the United
States bureau of labor statistics
."

SECTION 4.
Section 7-16A-3 NMSA 1978 (being Laws 1992,
Chapter 51, Section 3, as amended) is amended to read:

"7-16A-3. IMPOSITION AND RATE OF TAX--DENOMINATION AS
SPECIAL FUEL EXCISE TAX.--

A. For the privilege of receiving or using special
fuel in this state, there is imposed an excise tax at a rate
provided in Subsection B of this section on each gallon of
special fuel received in New Mexico.

B. The tax imposed by Subsection A of this section
shall be:

(1) prior to July 1, 2028
, twenty-one cents
($.21) per gallon of special fuel received or used in New
Mexico;
and

(2) on and after July 1, 2028, the rate
determined pursuant to Subsection C of this section.

C. No later than April 30, 2028 and April 30 of
each subsequent year, the department shall calculate the rate
of special fuel excise tax to be imposed as of July 1 of that
year. The rate of the special fuel excise tax per gallon shall
be equal to the product, rounded down to the nearest whole
cent, of twenty-one cents ($.21) multiplied by a fraction with
a numerator equal to the consumer price index for the previous
calendar year and a denominator equal to the consumer price
index for calendar year 2026; provided that the rate of the tax
shall not be less than the rate imposed on July 1 of the
previous year. As used in this subsection, "consumer price
index" means the consumer price index for all urban consumers
as published by the United States bureau of labor statistics
.

[
C.
]
D.
The tax imposed by this section may be
called the "special fuel excise tax"."

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