New Mexico 2022 Regular Session Status: Enacted 2 D cosponsors

SB 39 — PROCUREMENT PREFERENCES CHANGES

Last action — Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 56% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

648 added · 980 removed

Plain-language change summary

The recent amendment to Bill SB 39 increases support for New Mexico-based businesses by enhancing preference for resident businesses and contractors during procurement processes. It also removes the time limit for special preferences given to New Mexico resident veteran businesses, which means they can benefit for an unlimited time. Additionally, the amendment introduces a new preference for Native American resident and resident veteran businesses, ensuring that these groups have increased opportunities to compete for contracts. This matters because it aims to boost local economies and provide more equitable access to government contract opportunities.

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SENATE BILL 39 55TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED BY Benny Shendo, Jr.
AN ACT RELATING TO PROCUREMENT;
and Harry Garcia and Harold Pope This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
INCREASING THE PREFERENCE FOR NEW MEXICO RESIDENT BUSINESSES AND CONTRACTORS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ELIMINATING THE TIME LIMITATION FOR SPECIAL PREFERENCES FOR NEW MEXICO RESIDENT VETERAN BUSINESSES AND RESIDENT VETERAN CONTRACTORS;
h AN ACT g o RELATING TO PROCUREMENT;
PROVIDING FOR A PREFERENCE FOR NEW MEXICO NATIVE AMERICAN RESIDENT AND RESIDENT VETERAN BUSINESSES AND CONTRACTORS.
INCREASING THE PREFERENCE FOR NEW t hr g e i k MEXICO RESIDENT BUSINESSES AND CONTRACTORS;
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
ELIMINATING THE h r i s TIME LIMITATION FOR SPECIAL PREFERENCES FOR NEW MEXICO RESIDENT h , t, VETERAN BUSINESSES AND RESIDENT VETERAN CONTRACTORS;
SECTION 1.
PROVIDING e u g e b l e e h FOR A PREFERENCE FOR NEW MEXICO NATIVE AMERICAN RESIDENT AND n d d i = = o h RESIDENT VETERAN BUSINESSES AND CONTRACTORS.
l ] b ,d i a º e r i = r t e w d m a n o BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
d m :
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e e a n e d r e l u [ A d SECTION 1.
(4) "Native American resident business" means a business that has a valid Native American resident business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978 but does not include a h g Native American resident veteran business;
(4) "Native American resident business" means a business that has a valid Native American resident business certificate issued by the taxation and revenue SFL/SB 39 Page 1 department pursuant to Section 13-1-22 NMSA 1978 but does not include a Native American resident veteran business;
o t hr (5) "Native American resident veteran g e i k business" means a business that has a valid Native American h r i s resident veteran business certificate issued by the taxation h , t, e u g and revenue department pursuant to Section 13-1-22 NMSA 1978;
(5) "Native American resident veteran business" means a business that has a valid Native American resident veteran business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978;
e b l e e h [(4)] (6) "public body" means a department, n d d i = = o h commission, council, board, committee, institution, legislative l ] b ,d i a º e r i = r body, agency, government corporation, educational institution t e w d m a n o or official of the executive, legislative or judicial branch of d m :
(6) "public body" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of the state or a political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts, local school boards and all municipalities, including home-rule municipalities;
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -2- e a n e d r e l u [ A d the government of the state or a political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts, local school boards and all municipalities, including home-rule municipalities;
(7) "recycled content goods" means supplies and materials composed twenty-five percent or more of recycled materials;
[(5)] (7) "recycled content goods" means supplies and materials composed twenty-five percent or more of recycled materials;
[(6)] (8) "resident business" means a business that has a valid resident business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978 but does not include a resident veteran business;
(8) "resident business" means a business that has a valid resident business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978 but does not include a resident veteran business;
and [(7)] (9) "resident veteran business" means a business that has a valid resident veteran business certificate issued by the taxation and revenue department pursuant to h g Section 13-1-22 NMSA 1978.
SFL/SB 39 Page 2 and (9) "resident veteran business" means a business that has a valid resident veteran business certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978.
o t hr B.
B.
Except as provided in Subsection C of this g e i k section, when a public body makes a purchase using a formal bid h r i s process, the public body shall deem a bid submitted by a:
Except as provided in Subsection C of this section, when a public body makes a purchase using a formal bid process, the public body shall deem a bid submitted by a:
h , t, e u g (1) resident business or Native American e b l e e h resident business to be [five] eight percent lower than the bid n d d i = = o h actually submitted;
(1) resident business or Native American resident business to be eight percent lower than the bid actually submitted;
or l ] b ,d i a º e r i = r (2) resident veteran business [with annual t e w d m a n o gross revenues of up to three million dollars ($3,000,000) in d m :
or (2) resident veteran business or Native American resident veteran business with annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year to be ten percent lower than the bid actually submitted.
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -3- e a n e d r e l u [ A d the preceding tax year] or Native American resident veteran business to be ten percent lower than the bid actually submitted.
(1) bids submitted for recycled content goods from any business, except a resident veteran business or Native American resident veteran business, to be [five] eight percent lower than the bids actually submitted;
(1) bids submitted for recycled content goods from any business, except a resident veteran business or Native American resident veteran business, to be eight percent lower than the bids actually submitted;
or (2) bids submitted for recycled content goods from a resident veteran business [with annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year] or Native American resident veteran business to be ten percent lower than the bids actually submitted.
or (2) bids submitted for recycled content SFL/SB 39 Page 3 goods from a resident veteran business or Native American resident veteran business with annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year to be ten percent lower than the bids actually submitted.
When a public body makes a purchase using a h g formal request for proposals process, not including contracts o t hr awarded on a point-based system, the public body shall award an g e i k additional:
When a public body makes a purchase using a formal request for proposals process, not including contracts awarded on a point-based system, the public body shall award an additional:
h r i s (1) [five ] eight percent of the total weight h , t, e u g of all the factors used in evaluating the proposals to a e b l e e h resident business or Native American resident business ;
(1) eight percent of the total weight of all the factors used in evaluating the proposals to a resident business or Native American resident business;
and n d d i = = o h (2) ten percent of the total weight of all the l ] b ,d i a º e r i = r factors used in evaluating the proposals to a resident veteran t e w d m a n o business [that has annual gross revenues of up to three million d m :
and (2) ten percent of the total weight of all the factors used in evaluating the proposals to a resident veteran business or Native American resident veteran business that has annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year.
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -4- e a n e d r e l u [ A d dollars ($3,000,000) in the preceding tax year] or Native American resident veteran business.
(1) [five ] eight percent of the total possible points to a resident business or Native American resident business;
(1) eight percent of the total possible points to a resident business or Native American resident business;
or (2) ten percent of the total possible points to a resident veteran business [that has annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year] or Native American resident veteran business.
or (2) ten percent of the total possible points to a resident veteran business or Native American resident SFL/SB 39 Page 4 veteran business that has annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year.
When a joint bid or joint proposal is submitted by a combination of resident veteran, Native American resident veteran, resident, Native American resident or nonresident businesses, the preference provided pursuant to Subsection B, h C, D or E of this section shall be calculated in proportion to u » r t h the percentage of the contract, based on the dollar amount of g e l i the goods or services provided under the contract, that will be h r i s performed by each business as specified in the joint bid or h , e h t u g proposal.
When a joint bid or joint proposal is submitted by a combination of resident veteran, Native American resident veteran, resident, Native American resident or nonresident businesses, the preference provided pursuant to Subsection B, C, D or E of this section shall be calculated in proportion to the percentage of the contract, based on the dollar amount of the goods or services provided under the contract, that will be performed by each business as specified in the joint bid or proposal.
e b l e e , gh G.
G.
[A resident veteran business shall not benefit n d d i = = o h from the preference pursuant to this section for more than ten l ] b ,d i a º r consecutive years.
A person shall not benefit from the provisions of this section based on more than one business concurrently.
A person that is an owner of a business e r = t e w d m a n o that is a resident veteran business shall not benefit from the d m :
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -5- e a n e d r e l u [ A d preference pursuant to this section for more than ten consecutive years] A person shall not benefit from the provisions of this section based on more than one business concurrently.
"13-1-22.
SFL/SB 39 Page 5 "13-1-22.
RESIDENT BUSINESS AND RESIDENT CONTRACTOR h CERTIFICATION--NATIVE AMERICAN RESIDENT BUSINESS AND NATIVE u » r t h AMERICAN RESIDENT CONTRACTOR CERTIFICATES--RESIDENT VETERAN g e l i BUSINESS AND RESIDENT VETERAN CONTRACTOR CERTIFICATES.-- h r i s A.
RESIDENT BUSINESS AND RESIDENT CONTRACTOR CERTIFICATION--NATIVE AMERICAN RESIDENT BUSINESS AND NATIVE AMERICAN RESIDENT CONTRACTOR CERTIFICATES--RESIDENT VETERAN BUSINESS AND RESIDENT VETERAN CONTRACTOR CERTIFICATES.-- A.
To receive a resident business, Native American h , e h t u g resident business, resident veteran business or Native American e b l e e , gh resident veteran business preference pursuant to Section n d d i = = o h 13-1-21 NMSA 1978 or a resident contractor, Native American l ] b ,d i a º r e r = resident contractor, resident veteran contractor or Native t e w d m a n o American resident veteran contractor preference pursuant to d m :
To receive a resident business, Native American resident business, resident veteran business or Native American resident veteran business preference pursuant to Section 13-1-21 NMSA 1978 or a resident contractor, Native American resident contractor, resident veteran contractor or Native American resident veteran contractor preference pursuant to Section 13-4-2 NMSA 1978, a business or contractor shall submit with its bid or proposal a copy of a valid resident business, Native American resident business, resident veteran business or Native American resident veteran business certificate or valid resident contractor, Native American resident contractor, resident veteran contractor or Native American resident veteran contractor certificate issued by the taxation and revenue department.
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -6- e a n e d r e l u [ A d Section 13-4-2 NMSA 1978, a business or contractor shall submit with its bid or proposal a copy of a valid resident business, Native American resident business, resident veteran business or Native American resident veteran business certificate or valid resident contractor, Native American resident contractor, resident veteran contractor or Native American resident veteran contractor certificate issued by the taxation and revenue department.
(1) the business has paid property taxes or rent on real property in the state and paid at least one other tax administered by the state in each of the three years immediately preceding the submission of the affidavit;
(1) the business has paid property taxes or rent on real property in the state and paid at least one other tax administered by the state in each of the three SFL/SB 39 Page 6 years immediately preceding the submission of the affidavit;
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(2) if the business is a new business, the h owner or majority of owners has paid property taxes or rent on u » r t h real property in the state and has paid at least one other tax g e l i administered by the state in each of the three years h r i s immediately preceding the submission of the affidavit and has h , e h t u g not applied for a resident business or resident contractor e b l e e , gh certificate pursuant to this section during that time period;
(2) if the business is a new business, the owner or majority of owners has paid property taxes or rent on real property in the state and has paid at least one other tax administered by the state in each of the three years immediately preceding the submission of the affidavit and has not applied for a resident business or resident contractor certificate pursuant to this section during that time period;
n d d i = = o h (3) if the business is a relocated business, l ] b ,d i a º r at least eighty percent of the total personnel of the business e r = t e w d m a n o in the year immediately preceding the submission of the d m :
(3) if the business is a relocated business, at least eighty percent of the total personnel of the business in the year immediately preceding the submission of the affidavit were residents of the state and that, prior to the submission of the affidavit, the business either leased real property for ten years or purchased real property greater than one hundred thousand dollars ($100,000) in value in the state;
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -7- e a n e d r e l u [ A d affidavit were residents of the state and that, prior to the submission of the affidavit, the business either leased real property for ten years or purchased real property greater than one hundred thousand dollars ($100,000) in value in the state;
An application for a resident veteran business certificate shall include the affidavit required by Subsection B of this section and:
An application for a resident veteran business SFL/SB 39 Page 7 certificate shall include the affidavit required by Subsection B of this section and:
(1) verification by the United States h department of veterans affairs as being either a veteran-owned u » r t h small business or a service-disabled veteran-owned small g e l i business;
(1) verification by the United States department of veterans affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business;
or h r i s (2) verification of veteran status as h , e h t u g indicated by the United States department of defense DD form e b l e e , gh 214 of release or discharge from active duty with an honorable n d d i = = o h discharge or of service-disabled veteran status by the United l ] b ,d i a º r States department of veterans affairs and proof that a veteran e r = t e w d m a n o or veterans own a majority of the business.
or (2) verification of veteran status as indicated by the United States department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by the United States department of veterans affairs and proof that a veteran or veterans own a majority of the business.
d m :
D.
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -8- e a n e d r e l u [ A d [C.] D.
provided that if a contractor is a legacy contractor, the requirement of at least three full- time employees who are residents of the state is waived;
provided that if a SFL/SB 39 Page 8 contractor is a legacy contractor, the requirement of at least three full-time employees who are residents of the state is waived;
(2) if the contractor is a new contractor, the owner or majority of owners has paid property taxes or rent on h real property in the state and has paid at least one other tax u » r t h administered by the state in each of the five years immediately g e l i preceding the submission of the affidavit and has not applied h r i s for a resident business or resident contractor certificate h , e h t u g pursuant to this section during that time period;
(2) if the contractor is a new contractor, the owner or majority of owners has paid property taxes or rent on real property in the state and has paid at least one other tax administered by the state in each of the five years immediately preceding the submission of the affidavit and has not applied for a resident business or resident contractor certificate pursuant to this section during that time period;
e b l e e , gh (3) if the contractor is a relocated business, n d d i = = o h at least eighty percent of the total personnel of the business l ] b ,d i a º r in the year immediately preceding the submission of the e r = t e w d m a n o affidavit were residents of the state and that, prior to the d m :
(3) if the contractor is a relocated business, at least eighty percent of the total personnel of the business in the year immediately preceding the submission of the affidavit were residents of the state and that, prior to the submission of the affidavit, the contractor either leased real property for ten years or purchased real property greater than one hundred thousand dollars ($100,000) in value in the state;
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -9- e a n e d r e l u [ A d submission of the affidavit, the contractor either leased real property for ten years or purchased real property greater than one hundred thousand dollars ($100,000) in value in the state;
or (4) if the contractor is a previously certified contractor or was eligible for certification, the contractor has changed its name, has reorganized into one or more different legal entities, was purchased by another legal entity but operates in the state as substantially the same enterprise or has merged with a different legal entity but operates in the state as substantially the same commercial SFL/SB 39 Page 9 enterprise.
or (4) if the contractor is a previously certified contractor or was eligible for certification, the contractor has changed its name, has reorganized into one or more different legal entities, was purchased by another legal entity but operates in the state as substantially the same enterprise or has merged with a different legal entity but operates in the state as substantially the same commercial enterprise.
(1) verification by the United States department of veterans affairs as being either a veteran-owned h small business or a service-disabled veteran-owned small u » r t h business;
(1) verification by the United States department of veterans affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business;
or g e l i (2) verification of veteran status as h r i s indicated by the United States department of defense DD form h , e h t u g 214 of release or discharge from active duty with an honorable e b l e e , gh discharge or of service-disabled veteran status by the United n d d i = = o h States department of veterans affairs and proof that a veteran l ] b ,d i a º r or veterans own a majority of the business.
or (2) verification of veteran status as indicated by the United States department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by the United States department of veterans affairs and proof that a veteran or veterans own a majority of the business.
e r = t e w d m a n o F.
F.
An application for a Native American resident d m :
An application for a Native American resident business certificate or a Native American resident contractor certificate shall include an affidavit from a notary public setting forth that the business is:
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -10- e a n e d r e l u [ A d business certificate or a Native American resident contractor certificate shall include an affidavit from a notary public setting forth that the business is:
(1) operating on lands located on an Indian nation, tribe or pueblo located in whole or in part on land within New Mexico;
(1) operating on lands STBTCºowned by»STBTC STBTCº located on»STBTC an Indian nation, tribe or pueblo located in whole or in part on land within New Mexico;
(a) the Indian nation, tribe or pueblo receives at least a majority of the net income from the business;
(a) the Indian nation, tribe or pueblo SFL/SB 39 Page 10 receives at least a majority of the net income from the business;
or (3) at least fifty-one percent owned by one or more New Mexico residents who are members of a federally h g recognized Indian nation, tribe or pueblo located in whole or o t hr in part on land within New Mexico and that is established for g e i k the purpose of profit;
or (3) at least fifty-one percent owned by one or more New Mexico residents who are members of a federally recognized Indian nation, tribe or pueblo located in whole or in part on land within New Mexico and that is established for the purpose of profit;
h r i s h (a) the Native American owners receive , t, e u g at least a majority of the net income from the business;
(a) the Native American owners receive at least a majority of the net income from the business;
and e b l e e h (b) the management and daily operation n d d i = = o h of the business are controlled by one or more individuals who l ] b ,d i a º e r i = r are members of a New Mexico Indian nation, tribe or pueblo.
and (b) the management and daily operation of the business are controlled by one or more individuals who are members of a New Mexico Indian nation, tribe or pueblo.
t e w d m a n o G.
G.
An application for a Native American resident d m :
An application for a Native American resident veteran business certificate or a Native American resident veteran contractor certificate shall include the affidavit required by Subsection F of this section and, if the business is not owned by an Indian nation, tribe or pueblo:
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -11- e a n e d r e l u [ A d veteran business certificate or a Native American resident veteran contractor certificate shall include the affidavit required by Subsection F of this section and, if the business is not owned by an Indian nation, tribe or pueblo:
(1) verification by the United States department of veterans affairs that the business is either a veteran-owned small business or a service-disabled veteran-owned small business;
(1) verification by the United States department of veterans affairs that the business is either a veteran-owned small business or a service-disabled veteran- owned small business;
SFL/SB 39 Page 11 (2) verification of veteran status of a majority of the owners of the business as indicated by the United States department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by the United States department of veterans affairs;
(2) verification of veteran status of a majority of the owners of the business as indicated by the United States department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by the United States department of veterans affairs;
or (3) verification of veteran status of the contractor as indicated by the United States department of defense DD form 214 of release or discharge from active duty with an honorable discharge or of service-disabled veteran status by the United States department of veterans affairs.
or (3) verification of veteran status of the contractor as indicated by the United States department of defense DD form 214 of release or discharge from active duty h with an honorable discharge or of service-disabled veteran u » r t h status by the United States department of veterans affairs.
H.
g e l i [D.] H.
The taxation and revenue department shall prescribe the form and content of the application and required affidavit.
The taxation and revenue department shall h r i s prescribe the form and content of the application and required h , e h t u g affidavit.
The taxation and revenue department shall examine the application and affidavit and, if necessary, may seek additional information to ensure that the business or contractor is eligible to receive the certificate pursuant to the provisions of this section.
The taxation and revenue department shall examine e b l e e , gh the application and affidavit and, if necessary, may seek n d d i = = o h additional information to ensure that the business or l ] b ,d i a º r contractor is eligible to receive the certificate pursuant to e r = t e w d m a n o the provisions of this section.
If the taxation and revenue department determines that an applicant is eligible, the department shall issue a certificate pursuant to the provisions of this section.
If the taxation and revenue d m :
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -12- e a n e d r e l u [ A d department determines that an applicant is eligible, the department shall issue a certificate pursuant to the provisions of this section.
A certificate is valid for three years from the date of its issuance;
A SFL/SB 39 Page 12 certificate is valid for three years from the date of its issuance;
[E.] I.
I.
The taxation and revenue department shall review the evidence and issue a decision within fifteen days of the h g filing of the objection.
The taxation and revenue department shall review the evidence and issue a decision within fifteen days of the filing of the objection.
o t hr [F.] J.
J.
If, following a hearing and an opportunity g e i k to be heard, the administrative hearings office finds that a h r i s business or contractor provided false information to the h , t, e u g taxation and revenue department in order to obtain a e b l e e h certificate or that a business or contractor used a certificate n d d i = = o h to obtain a resident business or resident contractor preference l ] b ,d i a º e r i = r for a bid or proposal and the resident business or contractor t e w d m a n o did not perform the percentage of the contract specified in the d m :
If, following a hearing and an opportunity to be heard, the administrative hearings office finds that a business or contractor provided false information to the taxation and revenue department in order to obtain a certificate or that a business or contractor used a certificate to obtain a resident business or resident contractor preference for a bid or proposal and the resident business or contractor did not perform the percentage of the contract specified in the bid or proposal, the business or contractor:
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -13- e a n e d r e l u [ A d bid or proposal, the business or contractor:
(1) is not eligible to receive a certificate or a preference pursuant to Section 13-1-21 or 13-4-2 NMSA 1978 for a period of five years from the date on which SFL/SB 39 Page 13 the taxation and revenue department became aware of the submission of the false information or the failure to perform the contract as specified in the bid or proposal;
(1) is not eligible to receive a certificate or a preference pursuant to Section 13-1-21 or 13-4-2 NMSA 1978 for a period of five years from the date on which the taxation and revenue department became aware of the submission of the false information or the failure to perform the contract as specified in the bid or proposal;
[G.
K.
] K.
In a decision issued pursuant to Subsection I or J of this section, the taxation and revenue department or the administrative hearings office shall state the reasons for the action taken and inform an aggrieved business or contractor of the right to judicial review of the determination pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
In a decision issued pursuant to Subsection [E or F] I or J of this section, the taxation and revenue department or the administrative hearings office shall state the reasons for the action taken and inform an aggrieved business or contractor of the right to judicial review of the determination pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
L.
[H.
The taxation and revenue department may assess a reasonable fee for the issuance of a certificate not to exceed the actual cost of administering the taxation and revenue department's duties pursuant to this section.
] L.
M.
The taxation and revenue department may h g assess a reasonable fee for the issuance of a certificate not o t hr to exceed the actual cost of administering the taxation and g e i k revenue department's duties pursuant to this section.
The state auditor may audit or review the issuance or validity of certificates.
h r i s [I.
N.
] M.
The state auditor may audit or review the h , t, e u g issuance or validity of certificates.
e b l e e h [J.
] N.
n d d i = = o h (1) "new business" means a person that did not l ] b ,d i a º e r i = r exist as a business in any form and that has been in existence t e w d m a n o for less than three years;
(1) "new business" means a person that did not exist as a business in any form and that has been in existence for less than three years;
d m :
(2) "new contractor" means a person that did not exist as a business in any form and that has been in existence for less than five years;
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -14- e a n e d r e l u [ A d (2) "new contractor" means a person that did not exist as a business in any form and that has been in existence for less than five years;
SFL/SB 39 Page 14 (3) "legacy contractor" means a construction business that has been licensed in this state for ten consecutive years;
(3) "legacy contractor" means a construction business that has been licensed in this state for ten consecutive years;
(2) "formal request for proposals process" means a competitive sealed proposal process, including a h g competitive sealed qualifications-based proposal process;
(2) "formal request for proposals process" means a competitive sealed proposal process, including a competitive sealed qualifications-based proposal process;
o t hr (3) "Native American resident contractor" g e i k means a person that has a valid Native American resident h r i s contractor certificate issued by the taxation and revenue h , t, e u g department pursuant to Section 13-1-22 NMSA 1978 but does not e b l e e h include a Native American resident veteran contractor;
(3) "Native American resident contractor" means a person that has a valid Native American resident contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978 but does not include a Native American resident veteran contractor;
n d d i = = o h (4) "Native American resident veteran l ] b ,d i a º e r i = r contractor" means a person that has a valid Native American t e w d m a n o resident veteran contractor certificate issued by the taxation d m :
(4) "Native American resident veteran contractor" means a person that has a valid Native American resident veteran contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978;
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -15- e a n e d r e l u [ A d and revenue department pursuant to Section 13-1-22 NMSA 1978;
SFL/SB 39 Page 15 (5) "public body" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of the state or a political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts, local school boards and all municipalities, including home-rule municipalities;
[(3)] (5) "public body" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of the state or a political subdivision of the state and the agencies, instrumentalities and institutions thereof, including two-year post-secondary educational institutions, school districts, local school boards and all municipalities, including home-rule municipalities;
(6) "public works contract" means a contract for construction, construction management, architectural, landscape architectural, engineering, surveying or interior design services;
[(4)] (6) "public works contract" means a contract for construction, construction management, architectural, landscape architectural, engineering, surveying or interior design services;
(7) "resident contractor" means a person that has a valid resident contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978 but does not include a resident veteran contractor;
[(5)] (7) "resident contractor" means a person that has a valid resident contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 h g NMSA 1978 but does not include a resident veteran contractor;
and (8) "resident veteran contractor" means a person that has a valid resident veteran contractor certificate issued by the taxation and revenue department pursuant to Section 13-1-22 NMSA 1978.
o t hr and g e i k [(6)] (8) "resident veteran contractor" means h r i s a person that has a valid resident veteran contractor h , t, e u g certificate issued by the taxation and revenue department e b l e e h pursuant to Section 13-1-22 NMSA 1978.
B.
n d d i = = o h B.
For the purpose of awarding a public works contract using a formal bid process, a public body shall deem SFL/SB 39 Page 16 a bid submitted by a:
For the purpose of awarding a public works l ] b ,d i a º e r i = r contract using a formal bid process, a public body shall deem a t e w d m a n o bid submitted by a:
(1) resident contractor or Native American resident contractor to be eight percent lower than the bid actually submitted;
d m :
or (2) resident veteran contractor or Native American resident veteran contractor with annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year to be ten percent lower than the bid actually submitted.
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -16- e a n e d r e l u [ A d (1) resident contractor or Native American resident contractor to be [five] eight percent lower than the bid actually submitted;
or (2) resident veteran contractor [with annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year] or Native American resident veteran contractor to be ten percent lower than the bid actually submitted.
(1) [five ] eight percent of the total weight of all the factors used in evaluating the proposals to a resident contractor or Native American resident contractor ;
(1) eight percent of the total weight of all the factors used in evaluating the proposals to a resident contractor or Native American resident contractor;
or (2) ten percent of the total weight of all the factors used in evaluating the proposals to a resident veteran h g contractor [that has annual gross revenues of up to three o t hr million dollars ($3,000,000) in the preceding tax year] or g e i k Native American resident veteran contractor.
or (2) ten percent of the total weight of all the factors used in evaluating the proposals to a resident veteran contractor or Native American resident veteran contractor that has annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year.
h r i s D.
D.
When a public body makes a purchase using a h , t, e u g formal request for proposals process, and the contract is e b l e e h awarded based on a point-based system, the public body shall n d d i = = o h award an additional of the equivalent of:
When a public body makes a purchase using a formal request for proposals process, and the contract is awarded based on a point-based system, the public body shall award an additional of the equivalent of:
l ] b ,d i a º e r i = r (1) [five ] eight percent of the total possible t e w d m a n o points to a resident contractor or Native American resident d m :
SFL/SB 39 Page 17 (1) eight percent of the total possible points to a resident contractor or Native American resident contractor;
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -17- e a n e d r e l u [ A d contractor;
or (2) ten percent of the total possible points to a resident veteran contractor or Native American resident veteran contractor that has annual gross revenues of up to six million dollars ($6,000,000) in the preceding tax year.
or (2) ten percent of the total possible points to a resident veteran contractor [that has annual gross revenues of up to three million dollars ($3,000,000) in the preceding tax year] or Native American resident veteran contractor.
[A resident veteran contractor shall not benefit from the preference pursuant to this section for more than ten h consecutive years.
A person shall not benefit from the provisions of this section based on more than one business concurrently.
A person that is an owner of a business u » r t h that is a resident veteran contractor shall not benefit from g e l i the preference pursuant to this section for more than ten h r i s consecutive years] A person shall not benefit from the h , e h t u g provisions of this section based on more than one business e b l e e , gh concurrently.
G.
n d d i = = o h G.
A public body shall not award a contractor both a resident contractor preference and a resident veteran contractor preference or a Native American resident contractor preference and a Native American resident veteran contractor preference.
A public body shall not award a contractor both l ] b ,d i a º r a resident contractor preference and a resident veteran e r = t e w d m a n o contractor preference or a Native American resident contractor d m :
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -18- e a n e d r e l u [ A d preference and a Native American resident veteran contractor preference.
The procedures provided in Sections 13-1-172 through 13-1-183 NMSA 1978 or in an applicable purchasing ordinance apply to a protest to a public body concerning the awarding of a contract in violation of this section." SECTION 4.
The procedures provided in Sections 13-1-172 through 13-1-183 NMSA 1978 or in an applicable purchasing SFL/SB 39 Page 18 ordinance apply to a protest to a public body concerning the awarding of a contract in violation of this section." SECTION 4.
The h g rules shall:
The rules shall:
o t hr (1) provide an initial statewide capacity g e i k program cap of two hundred megawatts alternating current h r i s proportionally allocated to investor-owned utilities until h , t, e u g November 1, 2024.
(1) provide an initial statewide capacity program cap of two hundred megawatts alternating current proportionally allocated to investor-owned utilities until November 1, 2024.
The statewide capacity program cap shall e b l e e h exclude native community solar projects and rural electric n d d i = = o h distribution cooperatives;
The statewide capacity program cap shall exclude native community solar projects and rural electric distribution cooperatives;
l ] b ,d i a º e r i = r (2) establish an annual statewide capacity t e w d m a n o program cap to be in effect after November 1, 2024;
(2) establish an annual statewide capacity program cap to be in effect after November 1, 2024;
d m :
(3) require thirty percent of electricity produced from each community solar facility to be reserved for low-income customers and low-income service SFL/SB 39 Page 19 organizations.
b e d s º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -19- e a n e d r e l u [ A d (3) require thirty percent of electricity produced from each community solar facility to be reserved for low-income customers and low-income service organizations.
(4) establish a process for the selection of community solar facility projects and allocation of the statewide capacity program cap, consistent with Section 13-1-21 NMSA 1978 regarding resident business, Native American resident business, [and] resident veteran business and Native American resident veteran business preferences;
(4) establish a process for the selection of community solar facility projects and allocation of the statewide capacity program cap, consistent with Section 13-1-21 NMSA 1978 regarding resident business, Native American resident business, resident veteran business and Native American resident veteran business preferences;
(6) establish reasonable, uniform, efficient h and non-discriminatory standards, fees and processes for the u » r t h interconnection of community solar facilities that are g e l i consistent with the commission's existing interconnection rules h r i s and interconnection manual that allows a qualifying utility to h , e h t u g recover reasonable costs for administering the community solar e b l e e , gh program and interconnection costs for each community solar n d d i = = o h facility, such that a qualifying utility and its non- l ] b ,d i a º r subscribing customers do not subsidize the costs attributable e r = t e w d m a n o to the subscriber organization pursuant to this paragraph;
(6) establish reasonable, uniform, efficient and non-discriminatory standards, fees and processes for the interconnection of community solar facilities that are consistent with the commission's existing interconnection rules and interconnection manual that allows a qualifying utility to recover reasonable costs for administering the community solar program and interconnection costs for each community solar facility, such that a qualifying utility and its non-subscribing customers do not subsidize the costs attributable to the subscriber organization pursuant to this paragraph;
d m :
(7) provide consumer protections for SFL/SB 39 Page 20 subscribers, including a uniform disclosure form that identifies the information that shall be provided by a subscriber organization to a potential subscriber, in both English and Spanish, and when appropriate, native or indigenous languages, to ensure fair disclosure of future costs and benefits of subscriptions, key contract terms, security interests and other relevant but reasonable information pertaining to the subscription, as well as grievance and enforcement procedures;
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -20- e a n e d r e l u [ A d (7) provide consumer protections for subscribers, including a uniform disclosure form that identifies the information that shall be provided by a subscriber organization to a potential subscriber, in both English and Spanish, and when appropriate, native or indigenous languages, to ensure fair disclosure of future costs and benefits of subscriptions, key contract terms, security interests and other relevant but reasonable information pertaining to the subscription, as well as grievance and enforcement procedures;
and provided further that if the commission h determines that it is in the public interest for non- u » r t h subscribers to subsidize subscribers, non-subscribers shall not g e l i be charged more than three percent of the non-subscribers' h r i s aggregate retail rate on an annual basis to subsidize h , e h t u g subscribers;
and provided further that if the commission determines that it is in the public interest for non-subscribers to subsidize subscribers, non-subscribers shall not be charged more than three percent of the non-subscribers' aggregate retail rate on an annual basis to subsidize subscribers;
e b l e e , gh (9) reasonably allow for the creation, n d d i = = o h financing and accessibility of community solar facilities;
(9) reasonably allow for the creation, financing and accessibility of community solar facilities;
and l ] b ,d i a º r (10) provide requirements for the siting and e r = t e w d m a n o co-location of community solar facilities with other energy d m :
and (10) provide requirements for the siting and SFL/SB 39 Page 21 co-location of community solar facilities with other energy resources;
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -21- e a n e d r e l u [ A d resources;
By no later than November 1, 2024, the commission shall provide to the appropriate interim legislative h committee a report on the status of the community solar u » r t h program, including the development of community solar g e l i facilities, the participation of investor-owned utilities and h r i s rural electric distribution cooperatives, low-income h , e h t u g participation, the adequacy of facility size, proposals for e b l e e , gh alternative rate structures and bill credit mechanisms, cross- n d d i = = o h subsidization issues, local developer project selection and l ] b ,d i a º r expansion of the local solar industry, community solar e r = t e w d m a n o facilities' effect on utility compliance with the renewable d m :
By no later than November 1, 2024, the commission shall provide to the appropriate interim legislative committee a report on the status of the community solar program, including the development of community solar facilities, the participation of investor-owned utilities and rural electric distribution cooperatives, low-income participation, the adequacy of facility size, proposals for alternative rate structures and bill credit mechanisms, cross-subsidization issues, local developer project selection SFL/SB 39 Page 22 and expansion of the local solar industry, community solar facilities' effect on utility compliance with the renewable portfolio standard and an evaluation of the effectiveness of the commission's rules to implement the Community Solar Act and any recommended changes." SECTION 5.
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k m e -22- e a n e d r e l u [ A d portfolio standard and an evaluation of the effectiveness of the commission's rules to implement the Community Solar Act and any recommended changes." SECTION 5.
-23- » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
SFL/SB 39 Page 23 9 25
b r e t º o t n = .221625.3GLGAIC February 7, 2022 (4:09pm) s k em e -23- e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. DO PASS committee report adopted

  5. passed Senate

  6. floor substitute adopted

  7. Sent to House Labor, Veterans & Military Affairs Committee & House Commerce & Economic Development Committee

  8. DO PASS, as amended, committee report adopted

  9. DO PASS committee report adopted

  10. germane

  11. Sent to Senate Committees' Committee & Senate Indian, Rural and Cultural Affairs Committee & Senate Tax, Business and Transportation Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

veterans labor
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Frequently asked questions

Who sponsors SB 39?
SB 39 is sponsored by Benny Shendo, Jr. (Democrat), Harold Pope (Democrat), and Garcia, H..
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This bill has been enacted into law. Introduced January 19, 2022. Enacted.
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