SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 262

53rd legislature - STATE OF NEW MEXICO - first session, 2017

AN ACT

RELATING TO CAPITAL EXPENDITURES; PROVIDING POWERS AND DUTIES; CREATING THE LEGISLATIVE PUBLIC WORKS COMMITTEE; REQUIRING THAT THE COMMITTEE ANNUALLY HEAR PROPOSALS FOR AND REVIEW CAPITAL OUTLAY-FUNDED PROJECTS.

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

     SECTION 1. [NEW MATERIAL] PUBLIC WORKS COMMITTEE--CREATED--MEMBERSHIP--SUBCOMMITTEES--STAFF.--

          A. The "public works committee" is created as a permanent legislative interim committee that consists of eighteen members.

          B. The speaker of the house of representatives shall appoint nine members of the house to serve as members of the public works committee. The speaker shall make appointments so that the two major political parties have the same proportional representation on the committee as exists in the house, except insofar as is necessary to ensure that at least one member from each party is appointed.

          C. The committees' committee of the senate shall appoint nine members of the senate to serve as members of the public works committee, unless the senate appointments are made in the interim, in which case the president pro tempore of the senate shall make the appointments in consultation with, and with the agreement of, a majority of the members of the committees' committee. The committees' committee or the president pro tempore, as appropriate, shall make appointments so that the two major political parties have the same proportional representation on the public works committee as exists in the senate, except insofar as is necessary to ensure that at least one member from each party is appointed.

          D. The speaker of the house of representatives and the committees' committee, or the president pro tempore of the senate, as appropriate:

                (1) shall select the public works committee's chair and vice chair, whose seats in those positions shall rotate each year; and

                (2) may remove a member from the committee for nonattendance.

          E. The public works committee shall not take any action rejected by a majority of the committee members from either chamber.

          F. The public works committee may create subcommittees. The committee shall name to any subcommittee it creates at least three members, including one member from the house of representatives, one member from the senate and one member of the minority party from either chamber. The subcommittee may make expenditures only if the committee pre-approves them and if that approval is reflected in the committee's meeting minutes.

          G. The legislative council service and the legislative finance committee shall provide staff for the public works committee.

     SECTION 2. [NEW MATERIAL] PUBLIC WORKS COMMITTEE--ADDITIONAL POWERS AND DUTIES--CAPITAL PROJECT REVIEW.--

          A. As used in this section:

                (1) "capital project":

                     (a) means: 1) the acquisition, repair, alteration, demolition, renovation, construction, reconstruction, furnishing or equipping by an eligible entity of a public building or public work located wholly in New Mexico; 2) the acquisition by an eligible entity of heavy equipment; or 3) the acquisition, repair, alteration, furnishing or equipping by an eligible entity of information technology; and

                     (b) includes the purchase of the following, if directly related to the project: 1) planning, design and professional services in the fields of engineering, surveying, architecture or landscape architecture; 2) rights of way or easements; 3) land or other property for the public building or public work; 4) water rights; 5) site improvements to public property; 6) long-term equipment for the public building or public work; and 7) fixtures; and

                (2) "eligible entity" means:

                     (a) a state agency or institution;

                     (b) a political subdivision of the state; or

                     (c) a federally recognized tribe or pueblo located wholly or partially in New Mexico.

          B. The public works committee shall review proposals for capital outlay funding of capital projects and shall review the status of projects with authorization for capital-outlay funding. To carry out its duties, the committee may:

                (1) engage an eligible entity or state agency to which money for a capital project is or would be appropriated;

                (2) hold hearings to receive from the officers and employees of eligible entities testimony on proposals for funding of capital projects;

                (3) request that an eligible entity submit information on, or data supporting the funding of, a capital project; and

                (4) evaluate proposals for funding of capital projects submitted to the committee.

          C. The public works committee shall study and review capital projects:

                (1) that will fill critical health and safety needs;

                (2) that will create jobs in New Mexico;

                (3) that have funding available from other state and non-state sources, including local, state and federal agencies and instrumentalities;

                (4) that, if necessary, will or may be phased, and for which funding to complete at least one full, functional phase is available;

                (5) for which sponsoring entities can provide for project operation and maintenance upon completion;

                (6) that are included in infrastructure capital improvement plans adopted by state agencies or local governments;

                (7) for which capital outlay funding is an appropriate source of funding; and

                (8) that meet other criteria, as determined by the committee.

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