SENATE BILL 309
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO CAPITAL PROJECTS; ENACTING THE CAPITAL PROJECTS ACT; CREATING THE CAPITAL PROJECTS COUNCIL; PROVIDING PROCEDURES FOR EVALUATING AND PRIORITIZING PROPOSED CAPITAL
PROJECTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Capital Projects Act".
Section 2. FINDINGS AND PURPOSE.--
A. The legislature finds that:
(1) the cost of needed state and local capital improvement and infrastructure projects annually exceeds the available funding resources;
(2) it has become difficult to evaluate and prioritize proposed capital outlay projects adequately to ensure that the available resources are expended in the most cost-effective manner; and
(3) the current system for evaluating and prioritizing proposed capital outlay projects could be improved by delegating those functions to a coordinating council.
B. The purpose of the Capital Projects Act is to create a council of experts to evaluate and prioritize proposed statewide and local capital outlay projects and to monitor and oversee projects authorized by the legislature to ensure that appropriations are expended in the most cost-effective manner.
Section 3. DEFINITIONS.--As used in the Capital Projects Act:
A. "capital project" means repair, renovation or construction of a facility; purchase of land; acquisition of capital equipment of a long-term nature; and repair, renovation or construction of roads and water and wastewater systems; and
B. "council" means the capital projects council.
Section 4. CAPITAL PROJECTS COUNCIL--CREATION--APPOINTMENT.--
A. The "capital projects council" is created. The council shall consist of the following members:
(1) three members, appointed by the governor, who may be cabinet secretaries or public members;
(2) three members appointed by the president pro tempore of the senate;
(3) three members appointed by the speaker of the house of representatives;
(4) the state engineer or the state engineer's designee;
(5) the secretary of higher education or the secretary's designee;
(6) the executive director of the New Mexico municipal league or the executive director's designee;
(7) the executive director of the New Mexico association of counties or the executive director's designee;
(8) the chief executive officer of the New Mexico finance authority or the chief executive officer's designee; and
(9) one member, appointed by the governor, representing Indian nations, tribes and pueblos.
B. The appointed members shall serve at the pleasure of the appointing authority. If the governor appoints public members, they must have expertise in capital financing, planning or construction.
C. The council shall elect a chair and such other officers as it deems necessary. The council shall meet at the call of the chair, not less than quarterly. Public members of the council may receive per diem and mileage pursuant to the Per Diem and Mileage Act.
Section 5. CAPITAL PROJECTS COUNCIL--POWERS--DUTIES.--
A. The council may:
(1) subject to legislative appropriation, appoint and employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of the Capital Projects Act;
(2) enter into those contracts necessary to carry out the provisions of the Capital Projects Act;
(3) conduct research and studies to improve the planning and prioritizing of capital projects and the allocation of available resources;
(4) apply for and receive grants and accept gifts, donations, bequests and devises in the name of the state to carry out the provisions of the Capital Projects Act;
(5) appoint such committees and subcommittees as necessary to perform its duties; and
(6) adopt rules necessary to carry out the provisions of the Capital Projects Act.
B. The council shall:
(1) prepare an annual operating budget for submission to the legislature;
(2) after July 1, 2010, accept proposals for capital projects, prioritize the proposals and, by December 1, 2010 and each year thereafter, make recommendations to the legislature for funding the prioritized projects;
(3) coordinate all planning, oversight, monitoring and reporting functions of state government regarding capital projects authorized by law. All agencies, institutions, instrumentalities and political subdivisions of the state shall assist the council in complying with this requirement. The provisions of this paragraph do not apply to:
(a) capital projects funded pursuant to the Public School Capital Outlay Act;
(b) capital improvements funded pursuant to the Public School Capital Improvements Act; and
(c) capital projects authorized by legislation enacted after July 1, 2010 that specifically exclude the capital project from the provisions of the Capital Projects Act;
(4) develop criteria and procedures for evaluating and prioritizing proposals for capital projects; and
(5) develop such reporting requirements for capital projects as necessary to ensure that the projects are being implemented in a cost-effective manner and consistent with the original purpose of the legislation providing for the project.
Section 6. CAPITAL PROJECTS PRIORITIZATION.--
A. After July 1, 2010, any agency, political subdivision, instrumentality or institution of the state may submit a proposal for a capital project to the council. Each proposal shall contain:
(1) a detailed description of the proposed project;
(2) an explanation of the need for the proposed project;
(3) a description of the prime beneficiaries of the proposed project;
(4) the estimated total cost of the proposed project and an explanation of how the cost was derived;
(5) the amount and source of any other funding;
(6) a copy of the maintenance plan for the facility, capital equipment, road or system that is the subject of the capital project;
(7) an explanation of how the project will be implemented and maintained and the amount and source of estimated implementation and maintenance costs; and
(8) any other information required by rule of the council.
B. Upon receipt of a proposal, the council shall investigate the statements and facts contained in the proposal and shall conduct such site visits and hearings as it deems necessary. The council shall consider all proposals, including the maintenance plan, and, after a public hearing, shall list all proposals in order of priority.
Section 7. TEMPORARY PROVISION.--During fiscal year 2010, the capital projects council shall organize and perform its duties pursuant to the Capital Projects Act; except that the council shall not accept and prioritize proposals and make recommendations to the legislature until after July 1, 2010. The council shall submit to the second session of the forty-ninth legislature the criteria and procedures for evaluating and prioritizing proposals and the reporting requirements developed pursuant to the Capital Projects Act together with any recommendations of the council for proposed legislation.
Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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