Adrian Hedden
Artesia Daily Press
ahedden@elritomedia.com
An Artesia-based lawsuit aiming to overturn state requirements for electric vehicle charging capacity at new buildings throughout New Mexico was dismissed in district court.
The suit was filed by the Artesia Recreation Center Foundation in January 2025, arguing the rules were unfairly delaying construction and driving up the cost of a recreation center in the northern Eddy County city.
The organization said the requirements, intended to ensure all new buildings and homes in New Mexico have power capacity for EV chargers, increased the cost of Artesia’s upcoming recreation center by hundreds of thousands of dollars.
But Fifth Judicial District Judge David Finger issued an opinion Feb. 5 that found the state of New Mexico through its Construction Industries Division – a subsidiary of the New Mexico Regulation and Licensing Department – had the authority to issue the new rules and that the recreation center was obligated to follow them.
The New Mexico Regulation and Licensing Department (NMRLD) is a cabinet agency within the state’s administration tasked with regulating building codes and permitting. The head of the department is Superintendent Clay Bailey, who was appointed by Gov. Michelle Lujan Grisham.
Finger dismissed the case against the state by granting a summary judgment requested by the defendant, which means the judge ruled on the case before it could go to trial, dismissing the plaintiff’s accusations and bringing an end to the litigation in district court. A trial slated for April 13 was canceled with the ruling.
A notice of appeal to the New Mexico Supreme Court was filed by the Recreation Center Foundation on March 9. The Supreme Court could affirm Finger’s decision or overturn the District Court’s ruling, either vacating the rules or resuming plans for a trial.
As of Friday, March 13, the appeal was yet to be filed in Supreme Court.
The recreation center project began in the summer of 2023 when the foundation was formed as a nonprofit organization to raise funds for the work, and before the EV rules went into effect July 30, 2024.
A groundbreaking ceremony was held Oct. 29, 2024, and the final building permit application to the Construction Industries Division was filed Nov. 22, 2024, months after the rules took effect.
That’s why the state denied the initial building permit. Another application was filed to comply with the EV rules in December 2024, and the permit was issued Jan. 13, 2025.
“Plaintiff’s project thereafter proceeded to construction without interruption, citation, penalty or enforcement action by CID,” read Finger’s ruling. “The record reflects no regulatory impediment beyond the ordinary denial of the first, noncompliant submission.”
Additional costs associated with the EV rules totaled about $285,000, according to a foundation news release issued Jan. 28.
The added cost was for 12 EV-ready parking spots, the release read, and 24 more capable of being converted to accommodate chargers in the future, which the foundation argued would result in more unfair expense.
“These were charitable dollars meant to build a better recreation center for our community,” said Sandra Borges, president of the foundation. “Instead, they were redirected to comply with a mandate that provides no real benefit here – and may never be used.”
Donors for the rec center project are: PY Foundation, Chase Foundation, TLC Foundation, Frank Yates Jr. Family Foundation, Western Bank, Royal Services, First American Bank and Devon Energy.
Artesia is situated in rural southeast New Mexico, known for its oil and gas fields and ranching. Motorists often drive long distances to access services such as medical care, meaning to local leaders that electric vehicles are incompatible with the area’s way of life.
That’s why locals argued that the 36 electric vehicle spots the regulations required at the Artesia Recreation Center, which is under construction next to the Artesia Aquatic Center, were unnecessary and unduly “burdensome” to the $35 million-plus project.
The Artesia City Council voted unanimously Aug. 13 to oppose the regulations, and the Carlsbad City Council followed suit Aug. 27.
Similar resolutions were passed by the Hobbs City Commission on Aug. 5, by the Eddy County Commission on Aug. 17, and by the Lea County Commission on Aug. 22.
“This is a clear example of a one-size-fits-all mandate overriding local decision-making,” said Scott Taylor, a member of the Artesia Recreation Center Foundation. “Communities are being forced to spend scarce dollars on infrastructure they don’t need, while real needs go unmet.”
The Construction Industries Division said the rules were necessary to support what the agency believed was growing demand for electric vehicles throughout New Mexico – even in the state’s rural, southeast region.
“These regulations are a key component of New Mexico’s commitment to modernizing our infrastructure and providing residents with greater access to energy-efficient technologies within their communities,” read an emailed statement from Andrea Brown, spokesperson for the Regulation and Licensing Division.
“As far as next steps, the division will maintain the status quo by continuing to enforce and implement the building codes as we have since their adoption in 2024.”
Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.