HB 295 — ACCESSIBILITY ACT

HOUSE HEALTH AND HUMAN SERVICES COMMITTEE SUBSTITUTE FOR HOUSE BILL 295 57TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSIONSESSION, , 2026 4 6 8 10 AN ACT RELATING TO DISABILITIES;

ENACTING THE ACCESSIBILITY ACT TO IMPROVE THE ACCESSIBILITY OF STATE AGENCIES;

CREATING THE OFFICE OF ACCESSIBILITY TO IMPLEMENT AND ADMINISTER THE ACCESSIBILITY ACT;

CREATING REPORTING REQUIREMENTS FOR THE OFFICE OF ACCESSIBILITY;

MAKING AN APPROPRIATION.

e t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

w l n d 18 SECTION 1.

[NEW MATERIAL] SHORT TITLE.--This act may be = = 19 a l cited as the "Accessibility Act".

i a e r 20 SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the a t m m 21 Accessibility Act:

d r e 22 A.

"accessible" or "accessibility" means enabling a c e s k 23 person with disabilities to participate fully and equally in a e a n b 24 facility, a product, a service, a website or an environment u [ through the removal of physical, sensory and cognitive .233805.1 HHHC/HB 295 barriers;

B.

"department" means the department of health;

C.

"disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities.

A person is also considered to have a disability if the person has a record of a disability or is regarded as having a physical or mental disability;

D.

"office" means the office of accessibility;

and E.

"state agency" means a department, an institution, a board, a bureau, a commission, a district or a committee of government of the state.

SECTION 3.

[NEW MATERIAL] OFFICE OF ACCESSIBILITY-- CREATED.-- A.

The "office of accessibility" is created within the department.

B.

The secretary of health shall appoint a chief e t 17 accessibility officer who shall oversee the office and w l n d 18 supervise its staff.

= = 19 C.

The chief accessibility officer may contract for a l i a e r 20 services to assist the office in conducting the duties of the a t m m 21 office and may use the services of volunteers.

d r e 22 D.

The chief accessibility officer shall:

c e s k 23 (1) create a standard form or process that e a n b 24 each state agency can use to identify challenges to u [ accessibility in the state agency's website, mobile application .233805.1 - 2 - HHHC/HB 295 and physical facilities;

(2) provide information and training to state agencies and state agency employees on best practices for digital and physical accessibility, including procurement procedures for information technology, equipment and physical facilities and the implementation and maintenance of accessible websites;

(3) assist state agencies in developing website accessibility statements and plans to achieve physical accessibility;

(4) support state agencies in the evaluation of physical accessibility barriers;

and (5) promulgate rules necessary to implement and administer the Accessibility Act.

SECTION 4.

[NEW MATERIAL] REPORTING REQUIREMENTS.-- A.

By May 1, 2028, and every May 1 thereafter, the e t 17 office shall submit a written report to the governor, the w l n d 18 interim legislative health and human services committee and the = = 19 general services department that documents the accessibility of a l i a e r 20 websites, mobile applications and physical facilities operated a t m m 21 by state agencies.

The report shall include:

d r e 22 (1) assessments of the accessibility of each c e s k 23 state agency's facilities, websites and mobile applications;