New Mexico has adopted the 2009 International Energy Conservation Code (IECC) as its mandatory, statewide energy code for both residential and commercial construction. Since January 2012 New Mexico has been administering the 2009 IECC, and adopted the 2009 IECC, effective June 10, 2011. All new construction in the state must meet the minimum energy code requirements of the IECC. The adopted code maintains all of the base IECC requirements but also added a Home Energy Rating System (HERS) path for residential compliance. The HERS requirements are weaker than the 2009 IECC requirements. Homebuilders can comply with the energy code if they score a HERS 83 or less in climate zone 3, or a HERS index of 89 or less in climate zones 4-7.
In its 2007 session, the New Mexico State Legislature adopted, and Governor Bill Richardson signed into law, House Bill 534, creating a "sustainable building tax credit," to be made available for the construction of a sustainable residential or commercial building, or the renovation of an existing building into a sustainable building. The amount of tax credit that building owners or purchasers can receive is to be calculated based on the certification level the building has achieved in the U.S. Green Building Council's LEED green building rating system.