0001| AN ACT | 0002| RELATING TO GOVERNMENT PAYMENTS; REDUCING THE TIME FOR PAYMENTS | 0003| FROM GOVERNMENT; AMENDING SECTIONS OF THE NMSA 1978. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 13-1-158 NMSA 1978 (being Laws 1984, Chapter 65, Section 131, as | 0007| amended) is amended to read: | 0008| "13-1-158. PAYMENTS FOR PURCHASES.-- | 0009| A. No warrant, check or other negotiable instrument shall be issued in payment | 0010| for any purchase of services, construction or items of tangible personal property unless the | 0011| central purchasing office or the using agency certifies that the services, construction or items of | 0012| tangible personal property have been received and meet specifications or unless prepayment is | 0013| permitted under Section 13-1-98 NMSA 1978 by exclusion of the purchase from the | 0014| Procurement Code. | 0015| B. Unless otherwise agreed upon by the parties or unless otherwise specified in | 0016| the invitation for bids, request for proposals or other solicitation, within fifteen days from the | 0017| date the central purchasing office or using agency receives written notice from the contractor that | 0018| payment is requested for services or construction completed or items of tangible personal | 0019| property delivered on site and received, the central purchasing office or using agency shall issue a | 0020| written certification of complete or partial acceptance or rejection of the services, construction or | 0021| items of tangible personal property. | 0022| C. Except as provided in Subsection D of this section, upon certification by the | 0023| central purchasing office or the using agency that the services, construction or items of tangible | 0024| personal property have been received and accepted, payment shall be tendered to the contractor | 0025| within thirty days of the date of certification. If payment is made by mail, the payment shall be | 0001| deemed tendered on the date it is postmarked. After the thirtieth day from the date that written | 0002| certification of acceptance is issued, late payment charges shall be paid on the unpaid balance | 0003| due on the contract to the contractor at the rate of one and one-half percent per month. For | 0004| purchases funded by state or federal grants to local public bodies, if the local public body has not | 0005| received the funds from the federal or state funding agency, payments shall be tendered to the | 0006| contractor within five working days of receipt of funds from that funding agency. | 0007| D. If the central purchasing office or the using agency finds that the services, | 0008| construction or items of tangible personal property are not acceptable, it shall, within thirty days | 0009| of the date of receipt of written notice from the contractor that payment is requested for services | 0010| or construction completed or items of tangible personal property delivered on site, provide to the | 0011| contractor a letter of exception explaining the defect or objection to the services, construction or | 0012| delivered tangible personal property along with details of how the contractor may proceed to | 0013| provide remedial action. | 0014| E. Late payment charges that differ from the provisions of Subsection C of this | 0015| section may be assessed if specifically provided for by contract or pursuant to tariffs approved by | 0016| the New Mexico public utility commission or the state corporation commission." | 0017| Section 2. Section 13-1-170 NMSA 1978 (being Laws 1984, Chapter 65, Section 143) is | 0018| amended to read: | 0019| "13-1-170. UNIFORM CONTRACT CLAUSES.-- | 0020| A. A state agency, local public body or central purchasing office with the power | 0021| to issue regulations may require by regulation that contracts include uniform clauses providing | 0022| for termination of contracts, adjustments in prices, adjustments in time of performance or other | 0023| contract provisions as appropriate, including but not limited to the following subjects: | 0024| (1) the unilateral right of a state agency or a local public body to order in | 0025| writing: | 0001| (a) changes in the work within the scope of the contract; and | 0002| (b) temporary stoppage of the work or the delay of performance; | 0003| (2) variations occurring between estimated quantities of work in a | 0004| contract and actual quantities; | 0005| (3) liquidated damages; | 0006| (4) permissible excuses for delay or nonperformance; | 0007| (5) termination of the contract for default; | 0008| (6) termination of the contract in whole or in part for the convenience of | 0009| the state agency or a local public body; | 0010| (7) assignment clauses providing for the assignment by the contractor to | 0011| the state agency or a local public body of causes of action for violation of state or federal antitrust | 0012| statutes; | 0013| (8) identification of subcontractors by bidders in bids; and | 0014| (9) uniform subcontract clauses in contracts. | 0015| B. A state agency, local public body or central purchasing office with the power to | 0016| issue regulations shall require by regulation that contracts include a clause imposing late payment | 0017| charges against the state agency, local public body or central purchasing office in the amount and | 0018| under the conditions stated in Section 13-1-158 NMSA 1978." | 0019| Section 3. Section 74-6B-13 NMSA 1978 (being Laws 1992, Chapter 64, Section 10, as | 0020| amended) is amended to read: | 0021| "74-6B-13. PAYMENT PROGRAM.-- | 0022| A. Unless provided otherwise in this section, all costs in excess of ten thousand | 0023| dollars ($10,000) that are necessary to perform a minimum site assessment in accordance with | 0024| the regulations of the board shall be paid from the corrective action fund. In the event that an | 0025| owner or operator has performed a minimum site assessment after March 7, 1990 but prior to | 0001| March 9, 1992 and has expended more than ten thousand dollars ($10,000), the owner or | 0002| operator may apply to the department for reimbursement of the costs of the minimum site | 0003| assessment in excess of ten thousand dollars ($10,000) and shall be entitled to reimbursement of | 0004| those costs to the extent that money is available. | 0005| B. An owner or operator who has performed or who has made arrangements to | 0006| perform corrective action after March 7, 1990 and in accordance with applicable environmental | 0007| laws and regulations may apply to the department for payment of the costs of corrective action, | 0008| other than a minimum site assessment, and shall be entitled to payment of those costs from the | 0009| corrective action fund, if he has proven to the department that he has complied with the | 0010| requirements of Section 74-6B-8 NMSA 1978 and if money is available in the fund. | 0011| C. Payment of the cost of corrective action, including the cost of a minimum site | 0012| assessment, shall be made by the department following application and proper documentation of | 0013| the costs and in accordance with regulations adopted by the secretary establishing eligible and | 0014| ineligible costs. Eligible costs for payment are those reasonable and necessary costs actually | 0015| incurred after March 7, 1990 in the performance of a site assessment and for corrective action | 0016| that are consistent with the department's fee schedule. Ineligible costs include attorney fees, | 0017| repair or upgrade of tanks, loss of revenue and costs of monitoring a contractor. | 0018| D. The department shall adopt regulations to provide for payments from the | 0019| corrective action fund, to the extent that money is available in the fund, to persons who cannot | 0020| afford to pay all or a portion of the initial ten thousand dollar ($10,000) cost of a minimum site | 0021| assessment otherwise required in this section. The department shall develop a financial | 0022| assistance means test, including a sliding scale of financial relief as the department deems | 0023| appropriate, that allows some or all of the minimum site assessment costs to be paid from the | 0024| corrective action fund. This financial assistance relief shall be available to owners or operators | 0025| who performed or made arrangements to perform corrective action after March 7, 1990. | 0001| E. All department determinations concerning the manner of payment, compliance | 0002| and cost eligibility shall be made in accordance with department regulations. | 0003| F. If the owner or operator is in compliance with the requirements of Subsection B | 0004| of Section 74-6B-8 NMSA 1978, payment of costs from the corrective action fund shall occur | 0005| not later than thirty days after the submission of the application and proper documentation of | 0006| costs by the owner or operator, except as provided in Section 74-6B-14 NMSA 1978. | 0007| G. The department shall reserve not less than twenty-five percent of the | 0008| unexpended, unencumbered balance of the corrective action fund on July 1 of each year | 0009| for the payment of claims made on the fund." |