House Bill 120

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Accessibility Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Accessibility Act:

          A. "commission" means the governor's commission on disability;

          B. "digital accessibility standards" means the requirements set by the web content accessibility guidelines 2.1 level AA, or any successor standards, for web and mobile accessibility adopted by the department of information technology;

          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;

          E. "physical accessibility standards" means the standards for accessible design adopted by the United States department of justice pursuant to the provisions of the federal Americans with Disabilities Act of 1990, as amended, including requirements for public buildings, pathways, accommodations and facilities; and

          F. "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] STATE AGENCY ACCESSIBILITY REQUIREMENTS.--

          A. By April 1, 2026, each state agency website and mobile application shall comply with the digital accessibility standards.

          B. After April 1, 2026, each state agency shall conspicuously post a website accessibility statement, or a link to a website accessibility statement, on the front page of the state agency's website. The statement shall include:

                (1) a written acknowledgment of the state agency's commitment to accessibility for people with disabilities;

                (2) contact information that website visitors can use to alert the state agency of accessibility issues on the website;

                (3) known accessibility limitations on the website;

                (4) measures taken by the state agency to ensure accessibility;

                (5) supported web browsers; and

                (6) any other accessibility information that the state agency determines to be noteworthy.

          C. The department of information technology shall promulgate rules to establish, adopt and update the digital accessibility standards.

          D. Each state agency shall comply with the physical accessibility standards to ensure that each service, program or activity conducted by the agency, when viewed in its entirety, is readily accessible to, and usable by, people with disabilities.

          E. A state agency shall not be required to take any action if the agency can demonstrate that the action would result in:

                (1) a fundamental alteration in the nature of the services, programs or activities conducted by the agency; or

                (2) an undue financial or administrative burden.

     SECTION 4. [NEW MATERIAL] OFFICE OF ACCESSIBILITY--CREATED.--

          A. The "office of accessibility" is created within the commission.

          B. The commission shall appoint a chief accessibility officer who shall oversee the office and supervise its staff. The chief accessibility officer may contract for services to assist the office in conducting the duties of the office and may use the services of volunteers.

          C. The chief accessibility officer shall:

                (1) facilitate compliance with digital and physical accessibility standards for each state agency by working with and providing technical assistance to state agencies to ensure that each state agency website, mobile application and physical facility is in compliance with the digital and physical accessibility standards;

                (2) create a standard form or process that each state agency can use to determine whether the state agency's website, mobile application and physical facilities are in compliance with the digital and physical accessibility standards;

                (3) provide information and training to state agencies and employees on the digital and physical accessibility standards, including procurement procedures for information technology, equipment and physical facilities and best practices for implementing and maintaining websites in compliance with the digital accessibility standards;

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

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

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

     SECTION 5. [NEW MATERIAL] REPORTING REQUIREMENTS.--

          A. By July 1, 2027, and every two years thereafter, the office shall submit a written report to the governor, the interim legislative health and human services committee and the legislative finance committee that documents the compliance of websites, mobile applications and physical facilities operated by state agencies. The report shall include:

                (1) assessments on each state agency website's and mobile application's compliance with the digital accessibility standards;

                (2) evaluations of the procedures that each state agency has followed when procuring information technology services and equipment;

                (3) when necessary, recommendations for ways to improve the digital accessibility of each state agency website and mobile application;

                (4) the actions taken to make physical facilities more physically accessible;

                (5) the progress of addressing barriers to digital and physical accessibility; and

                (6) planned corrective action measures.

          B. The report shall be made available to the public on the websites of the legislature, the commission, the New Mexico technology assistance program and the department of information technology.

          C. To assist the office in developing the report required by this section, each state agency shall submit to the office an analysis of the agency's compliance with digital and physical accessibility standards at least one hundred twenty days before the office is required to submit the report. The analysis provided by state agencies shall:

                (1) document the agency's efforts to ensure accessible programs, services, facilities and communication;

                (2) identify barriers to accessibility at the agency;

                (3) describe planned and completed accessibility initiatives; and

                (4) identify resources needed for future accessibility initiatives.