New Mexico 2025 Regular Session Status: Enacted 5 D cosponsors

HB 19 — TRADE PORTS DEVELOPMENT ACT

Last action — Signed

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

This bill has been enacted into law. Introduced January 07, 2025. Enacted.

Signed by Governor Michelle Lujan Grisham (Democratic) on April 09, 2025.

Odds of enactment

High chance

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

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 60% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 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

608 added · 1037 removed

Plain-language change summary

The latest version of HB 19 introduces the "Trade Ports Development Act," which aims to promote economic development by designating specific trade port districts and establishing criteria for approving trade projects. Additionally, it creates an advisory committee to oversee these developments and allows for public-private partnerships to facilitate their creation. This is significant because it opens new avenues for investment and collaboration, potentially boosting the local economy by creating jobs and enhancing trade capabilities.

→
Previous
Latest
HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR HOUSE BILL 19 57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025 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.
AN ACT RELATING TO ECONOMIC DEVELOPMENT;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ENACTING THE TRADE PORTS DEVELOPMENT ACT;
h AN ACT g o RELATING TO ECONOMIC DEVELOPMENT;
PROVIDING FOR THE DESIGNATION OF TRADE PORT DISTRICTS;
ENACTING THE TRADE PORTS t hr g e i k DEVELOPMENT ACT;
ESTABLISHING CRITERIA FOR APPROVAL OF TRADE PORT PROJECTS;
PROVIDING FOR THE DESIGNATION OF TRADE PORT h r i s DISTRICTS;
CREATING THE TRADE PORTS ADVISORY COMMITTEE AND SPECIFYING DUTIES;
ESTABLISHING CRITERIA FOR APPROVAL OF TRADE PORT h , t, PROJECTS;
SPECIFYING DUTIES OF THE SECRETARY OF ECONOMIC DEVELOPMENT;
CREATING THE TRADE PORTS ADVISORY COMMITTEE AND e u g e b l e e h SPECIFYING DUTIES;
ALLOWING PUBLIC PARTNERS TO ENTER INTO PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS TO FACILITATE DEVELOPMENT OF TRADE PORTS;
SPECIFYING DUTIES OF THE SECRETARY OF n d d i = = o h ECONOMIC DEVELOPMENT;
ALLOWING PUBLIC PARTNERS TO ENTER INTO l ] b ,d i a º e PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS TO FACILITATE DEVELOPMENT r i = r t e w d m a n o OF TRADE PORTS;
d m :
AUTHORIZING GRANTS AND LOANS;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e e a n e d r e l u [ A d HTRC/HB 19 AUTHORIZING GRANTS AND LOANS;
AMENDING A SECTION OF THE PROCUREMENT CODE;
STBTCºADDING AN EXEMPTION TO THE PROCUREMENT CODE;»STBTC MAKING AN APPROPRIATION.
PROVIDING DUTIES OF THE STATE BOARD OF FINANCE;
MAKING AN APPROPRIATION.
[NEW MATERIAL] SHORT TITLE.--Sections 1 through 11 of this act may be cited as the "Trade Ports Development Act".
SHORT TITLE.--Sections 1 through 13 of this act may be cited as the "Trade Ports Development Act".
[NEW MATERIAL] DEFINITIONS.--As used in the Trade Ports Development Act:
DEFINITIONS.--As used in the Trade Ports Development Act:
"public partner" means the state and its branches, agencies, departments, boards, instrumentalities or h institutions and all political subdivisions of the state and u » r their agencies, instrumentalities and institutions, including a t h g e l i department, an agency, an institution of higher education, a h r i s board or a commission;
"public partner" means the state and its HTRC/HB 19/a Page 1 branches, agencies, departments, boards, instrumentalities or institutions and all political subdivisions of the state and their agencies, instrumentalities and institutions, including a department, an agency, an institution of higher education, a board or a commission;
h , e h C.
C.
"public-private partnership" means an t u g e b l e e , gh arrangement between one or more public partners and one or more n d d i = = o h private partners for the development of a trade port project l ] b ,d i a º r pursuant to the Trade Ports Development Act;
"public-private partnership" means an arrangement between one or more public partners and one or more private partners for the development of a trade port project pursuant to the Trade Ports Development Act;
e r = t e w d D.
D.
"public-private partnership agreement" means a m a n o d m :
"public-private partnership agreement" means a contract between one or more public partners and one or more private partners in connection with the development of a trade port project;
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 2 - e a n e d r e l u [ A d HTRC/HB 19 contract between one or more public partners and one or more private partners in connection with the development of a trade port project;
"trade port district" means a distinct geographic area subject to the approval of the secretary pursuant to Subsection B of Section 7 of the Trade Ports Development Act within which proposed trade port projects may be approved for grants or loans;
"trade port district" means a distinct geographic area subject to the approval of the secretary pursuant to Subsection B of Section 7 of the Trade Ports Development Act within which proposed trade port projects may HTRC/HB 19/a Page 2 be approved for grants or loans;
"trade port project" means a project subject to h the approval of the secretary pursuant to Subsection C of g o Section 7 of the Trade Ports Development Act creating or t hr g e modifying infrastructure for the construction of buildings or i k h r i s other facilities that support the functions of a trade port h , t, within an approved trade port district.
"trade port project" means a project subject to the approval of the secretary pursuant to Subsection C of Section 7 of the Trade Ports Development Act creating or modifying infrastructure for the construction of buildings or other facilities that support the functions of a trade port within an approved trade port district.
e u g e b l SECTION 3.
SECTION 3.
[NEW MATERIAL ] TRADE PORT DISTRICTS-- e e h n d d i DESIGNATION CRITERIA.-- = = o h l ] b ,d i a º e A.
TRADE PORT DISTRICTS--DESIGNATION CRITERIA.-- A.
A private partner or a public partner may r i = r t e w d propose a specific geographic area for designation as a trade m a n o d m :
A private partner or a public partner may propose a specific geographic area for designation as a trade port district pursuant to Subsection B of Section 7 of the Trade Ports Development Act.
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 3 - e a n e d r e l u [ A d HTRC/HB 19 port district pursuant to Subsection B of Section 7 of the Trade Ports Development Act.
(5) proximity to an established or planned trade port corridor system;
HTRC/HB 19/a Page 3 (5) proximity to an established or planned trade port corridor system;
h (6) proximity to a class 1 railroad line g o providing access to international border crossings and major t hr g e i k markets and ports on the west coast, gulf coast and east coast h r i s of the United States;
(6) proximity to a class 1 railroad line providing access to international border crossings and major markets and ports on the west coast, gulf coast and east coast of the United States;
h , t, (7) proximity to an airport that can provide e u g e b l e e h national and international passenger and air freight service;
(7) proximity to an airport that can provide national and international passenger and air freight service;
n d d i = = o h (8) existing infrastructure suitable for l ] b ,d i a º e redevelopment or expansion through a trade port project;
(8) existing infrastructure suitable for redevelopment or expansion through a trade port project;
r i = r t e w d (9) the availability of a qualified labor pool m a n o d m :
(9) the availability of a qualified labor pool and partnership or collaborative that can address the workforce development needs consistent with job availability within the trade port district, including in a county with an unemployment rate higher than the unemployment rate of New Mexico;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 4 - e a n e d r e l u [ A d HTRC/HB 19 and partnership or collaborative that can address the workforce development needs consistent with job availability within the trade port district, including in a county with an unemployment rate higher than the unemployment rate of New Mexico;
(12) the availability of a public partner capable of coordinating development activities within the proposed trade port;
HTRC/HB 19/a Page 4 (12) the availability of a public partner capable of coordinating development activities within the proposed trade port;
and h (13) the ability to use state economic g o development incentive programs for trade port projects pursuant t hr g e to:
and (13) the ability to use state economic development incentive programs for trade port projects pursuant to:
i k h r i s (a) improvement districts pursuant to h , t, Chapter 3, Article 33 NMSA 1978;
(a) improvement districts pursuant to Chapter 3, Article 33 NMSA 1978;
e u g e b l (b) the Public Improvement District Act;
(b) the Public Improvement District Act;
e e h n d d i (c) the Tax Increment for Development = = o h l ] b ,d i a º e Act;
(c) the Tax Increment for Development Act;
r i = r t e w d (d) the Industrial Revenue Bond Act;
(d) the Industrial Revenue Bond Act;
m a n o d m :
(e) the Local Economic Development Act;
Show all 240 changed rows (200 more)
Previous
Latest
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 5 - e a n e d r e l u [ A d HTRC/HB 19 (e) the Local Economic Development Act;
[NEW MATERIAL ] TRADE PORT PROJECTS--CRITERIA FOR APPROVAL.--For all proposed trade port projects, in deciding whether to approve a proposed grant, loan and public- private partnership agreement, the secretary shall consider at least the following criteria:
TRADE PORT PROJECTS--CRITERIA FOR APPROVAL.--For all proposed trade port projects, in deciding whether to approve a proposed grant, loan and public-private partnership agreement, the secretary shall consider at least the following criteria:
whether the proposed trade port project complies with state and federal infrastructure planning;
whether the proposed trade port project HTRC/HB 19/a Page 5 complies with state and federal infrastructure planning;
the net environmental impact of the proposed h trade port project;
the net environmental impact of the proposed trade port project;
g o E.
E.
the technological feasibility of the proposed t hr g e i k trade port project and the ability of the private partners and h r i s public partners to successfully implement the proposed trade h , t, port project;
the technological feasibility of the proposed trade port project and the ability of the private partners and public partners to successfully implement the proposed trade port project;
e u g e b l e e h F.
F.
the capacity of the public or private partner to n d d i = = o h manage the trade port project to completion, including the l ] b ,d i a º e financial resources to satisfy any funding match requirements;
the capacity of the public or private partner to manage the trade port project to completion, including the financial resources to satisfy any funding match requirements;
r i = r t e w d m a n o G.
G.
the projected time frame for completion of the d m :
the projected time frame for completion of the proposed trade port project;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 6 - e a n e d r e l u [ A d HTRC/HB 19 proposed trade port project;
[NEW MATERIAL ] TRADE PORTS ADVISORY COMMITTEE--CREATED--MEMBERSHIP.-- A.
TRADE PORTS ADVISORY COMMITTEE--CREATED-- HTRC/HB 19/a Page 6 MEMBERSHIP.-- A.
The trade ports advisory committee is composed h of:
The trade ports advisory committee is composed of:
g o (1) the secretary of economic development or t hr g e the secretary's designee;
(1) the secretary of economic development or the secretary's designee;
i k h r i s (2) the secretary of finance and h , t, administration or the secretary's designee;
(2) the secretary of finance and administration or the secretary's designee;
e u g e b l (3) the secretary of energy, minerals and e e h n d d i natural resources or the secretary's designee;
(3) the secretary of energy, minerals and natural resources or the secretary's designee;
= = o h l ] b ,d i a º e (4) the secretary of environment or the r i = r t e w d secretary's designee;
(4) the secretary of environment or the secretary's designee;
m a n o d m :
(5) a representative of the public regulation commission appointed by the commission;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 7 - e a n e d r e l u [ A d HTRC/HB 19 (5) a representative of the public regulation commission appointed by the commission;
C.
HTRC/HB 19/a Page 7 C.
A vacancy h in a term of a public member of the trade ports advisory g o committee shall be filled by the New Mexico legislative council t hr g e i k for the remainder of the original term.
A vacancy in a term of a public member of the trade ports advisory committee shall be filled by the New Mexico legislative council for the remainder of the original term.
h r i s D.
D.
The members shall select a chair, who shall be a h , t, public member and who shall serve a term of two years.
The members shall select a chair, who shall be a public member and who shall serve a term of two years.
e u g e b l e e h E.
E.
Members who are not public employees are n d d i = = o h entitled to per diem and mileage as provided in the Per Diem l ] b ,d i a º e and Mileage Act but shall receive no other compensation, r i = r t e w d perquisite or allowance.
Members who are not public employees are entitled to per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.
m a n o d m :
F.
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 8 - e a n e d r e l u [ A d HTRC/HB 19 F.
[NEW MATERIAL ] TRADE PORTS ADVISORY COMMITTEE--DUTIES.--The trade ports advisory committee has the following duties:
TRADE PORTS ADVISORY COMMITTEE--DUTIES.--The trade ports advisory committee has the following duties:
meet quarterly and at such other times as deemed necessary by the chair;
meet quarterly and at such other times as HTRC/HB 19/a Page 8 deemed necessary by the chair;
h C.
C.
review and recommend approval, modification or g o disapproval of proposed public-private partnership agreements t hr g e for a trade port project;
review and recommend approval, modification or disapproval of proposed public-private partnership agreements for a trade port project;
i k h r i s D.
D.
recommend modification or termination of h , t, existing approvals or designations for failure to meet the e u g e b l requirements of the Trade Ports Development Act;
recommend modification or termination of existing approvals or designations for failure to meet the requirements of the Trade Ports Development Act;
e e h n d d i E.
E.
recommend the promulgation of rules establishing = = o h l ] b ,d i a º e the application process and criteria for the approval of r i = r t e w d public-private partnership agreements in accordance with the m a n o d m :
recommend the promulgation of rules establishing the application process and criteria for the approval of public-private partnership agreements in accordance with the provisions of the State Rules Act;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 9 - e a n e d r e l u [ A d HTRC/HB 19 provisions of the State Rules Act;
[NEW MATERIAL ] POWERS AND DUTIES OF THE SECRETARY.--The secretary has the following powers and duties:
POWERS AND DUTIES OF THE SECRETARY.--The secretary has the following powers and duties:
A.
HTRC/HB 19/a Page 9 A.
review and approve, modify or disapprove specific geographic areas to be designated as trade port h districts;
review and approve, modify or disapprove specific geographic areas to be designated as trade port districts;
g o C.
C.
review and approve or disapprove proposed t hr g e i k public-private partnership agreements for a trade port project;
review and approve or disapprove proposed public-private partnership agreements for a trade port project, subject to final approval by the state board of finance;
h r i s D.
D.
modify or terminate existing approvals or h , t, designations for failure to meet the requirements of the Trade e u g e b l e e h Ports Development Act;
modify or terminate existing approvals or designations for failure to meet the requirements of the Trade Ports Development Act;
n d d i = = o h E.
E.
adopt and promulgate rules establishing the l ] b ,d i a º e application process and criteria for the approval of public- r i = r t e w d m a n o private partnership agreements, grants and loans in accordance d m :
adopt and promulgate rules establishing the application process and criteria for the preliminary approval of public-private partnership agreements, grants and loans in accordance with the provisions of the State Rules Act;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 10 - e a n e d r e l u [ A d HTRC/HB 19 with the provisions of the State Rules Act;
request updates to any technical information, including any annual certification, provided in connection with an approved application or designation;
request updates to any technical information, including any annual certification, provided in connection HTRC/HB 19/a Page 10 with an approved application or designation;
[NEW MATERIAL ] PUBLIC-PRIVATE PARTNERSHIP h AGREEMENTS--APPROVAL REQUIREMENTS--RESTRICTIONS.-- g o A.
PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS-- APPROVAL REQUIREMENTS--RESTRICTIONS.-- A.
To provide economic and administrative t hr g e efficiencies in connection with the development of trade port i k h r i s projects, a public partner is authorized to enter into public- h , t, private partnership agreements.
To provide economic and administrative efficiencies in connection with the development of trade port projects, a public partner is authorized to enter into public-private partnership agreements.
e u g e b l B.
B.
Prior to entering into negotiations regarding e e h n d d i the use of a public-private partnership agreement as a method = = o h l ] b ,d i a º e of implementing a proposed trade port project, the public r i = r t e w d partner shall publish in a newspaper of general circulation its m a n o d m :
Prior to entering into negotiations regarding the use of a public-private partnership agreement as a method of implementing a proposed trade port project, the public partner shall publish in a newspaper of general circulation its interest in considering such an agreement, and such publication shall include a description of the scope of the proposed trade port project.
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 11 - e a n e d r e l u [ A d HTRC/HB 19 interest in considering such an agreement, and such publication shall include a description of the scope of the proposed trade port project.
(1) undertake a cost-benefit analysis of a public-private partnership trade port project in comparison with a traditional public partner-managed project;
(1) undertake a cost-benefit analysis of a public-private partnership trade port project in comparison with a traditional public-partner-managed project;
(2) conduct a public hearing relating to the proposed public-private partnership held in accordance with the Open Meetings Act;
(2) conduct a public hearing relating to the proposed public-private partnership held in accordance with HTRC/HB 19/a Page 11 the Open Meetings Act;
h D.
D.
g o (1) define the roles and responsibilities of t hr g e i k the public partners and the private partners;
(1) define the roles and responsibilities of the public partners and the private partners;
h r i s (2) provide clawback or recapture provisions h , t, that protect the public investment in the event of a default on e u g e b l e e h the agreement;
(2) provide clawback or recapture provisions that protect the public investment in the event of a default on the agreement;
n d d i = = o h (3) provide a finance plan detailing the l ] b ,d i a º e financial contributions and obligations of the public partners r i = r t e w d and the private partners;
(3) provide a finance plan detailing the financial contributions and obligations of the public partners and the private partners;
m a n o d m :
(4) require a private partner to provide, or cause to be provided, performance and payment bonds as required pursuant to Section 13-4-18 NMSA 1978;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 12 - e a n e d r e l u [ A d HTRC/HB 19 (4) require a private partner to provide, or cause to be provided, performance and payment bonds as required pursuant to Section 13-4-18 NMSA 1978;
(5) require a private partner to provide guarantees, letters of credit or other acceptable forms of security, the amount of which may be less than one hundred percent of the value of the proposed trade port project based on the determination of the public partner or, for public- private partnership agreements requiring approval pursuant to the Trade Ports Development Act, based on the determination HTRC/HB 19/a Page 12 by the secretary;
(5) require a private partner to provide guarantees, letters of credit or other acceptable forms of security, the amount of which may be less than one hundred percent of the value of the proposed trade port project based on the determination of the public partner, or for public- private partnership agreements requiring approval pursuant to the Trade Ports Development Act, based on the determination by the secretary;
(8) address how the public partners and h private partners will share the management and risks of the g o trade port project;
(8) address how the public partners and private partners will share the management and risks of the trade port project;
t hr g e (9) provide that, in the event of an uncured i k h r i s default, the public partner may:
(9) provide that, in the event of an uncured default, the public partner may:
h , t, (a) elect to take over the trade port e u g e b l project, including the succession of all right, title and e e h n d d i interest in or to the project, subject to any liens on revenue = = o h l ] b ,d i a º e previously granted by the private partner;
(a) elect to take over the trade port project, including the succession of all right, title and interest in or to the project, subject to any liens on revenue previously granted by the private partner;
and r i = r t e w d (b) terminate the public-private m a n o d m :
and (b) terminate the public-private partnership and exercise any other rights and remedies that may be available, where such right to terminate may also be exercised by the secretary if the secretary finds it is in the public interest to do so;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 13 - e a n e d r e l u [ A d HTRC/HB 19 partnership and exercise any other rights and remedies that may be available, where such right to terminate may also be exercised by the secretary if the secretary finds it is in the public interest to do so;
(11) limit a private partner from seeking injunctive or other equitable relief to in any way restrict a public partner from developing, constructing or maintaining a trade port project, except that the public-private partnership agreement may provide for reasonable compensation to the private partner for an adverse effect resulting from development, construction, operation and maintenance of another trade port project of a public partner;
(11) limit a private partner from seeking injunctive or other equitable relief to in any way restrict a public partner from developing, constructing or maintaining a trade port project, except that the public-private HTRC/HB 19/a Page 13 partnership agreement may provide for reasonable compensation to the private partner for an adverse effect resulting from development, construction, operation and maintenance of another trade port project of a public partner;
h (13) provide that operations and maintenance u » r of a trade port project shall be performed by the public t h g e partner except for broadband, telecommunications and energy l i h r i s infrastructure components of the trade port project;
(13) provide that operations and maintenance of a trade port project shall be performed by the public partner, except for broadband, telecommunications and energy infrastructure components of the trade port project;
and h , e h (14) provide provisions for termination of the t u g e b l public-private partnership agreement, including the cessation e e , gh n d d i = = o h of the powers and duties of the private partner.
(14) provide provisions for termination of the public-private partnership agreement, including the cessation of the powers and duties of the private partner;
l ] b ,d i a º r E.
and (15) provide project benchmarks or deliverables that must be satisfied prior to the disbursement of public funds.
A public-private partnership agreement for a e r = t e w d trade port project shall not become effective until it is m a n o d m :
E.
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 14 - e a n e d r e l u [ A d HTRC/HB 19 approved by the secretary pursuant to Subsection C of Section 7 of the Trade Ports Development Act.
A public-private partnership agreement for a trade port project shall not become effective until it receives preliminary approval by the secretary, pursuant to Subsection C of Section 7 of the Trade Ports Development Act, and final approval by the state board of finance.
F.
The attorney general shall, as requested by the secretary, enforce a clawback or recapture provision in a public-private partnership agreement in the event of a HTRC/HB 19/a Page 14 default on the agreement.
[NEW MATERIAL] TRADE PORTS DEVELOPMENT FUND CREATED.-- A.
TRADE PORTS DEVELOPMENT FUND CREATED.-- A.
Money in the fund is appropriated to the economic development department for the purposes of carrying out the provisions of the Trade Ports Development Act, h including the planning, renovation or construction of trade g o ports and associated facilities and infrastructure.
Money in the fund is appropriated to the economic development department for the purposes of carrying out the provisions of the Trade Ports Development Act, including the planning, renovation or construction of trade ports and associated facilities and infrastructure.
t hr g e Disbursements from the fund shall be made by warrant of the i k h r i s secretary of finance and administration pursuant to vouchers h , t, signed by the secretary of economic development or the e u g e b l secretary's authorized representative.
Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of economic development or the secretary's authorized representative.
e e h n d d i C.
C.
Money in the trade ports development fund may be = = o h l ] b ,d i a º e used to make grants of up to two hundred fifty thousand dollars r i = r t e w d ($250,000) to a public partner for the purposes of studying the m a n o d m :
Money in the trade ports development fund may be used to make grants of up to two hundred fifty thousand dollars ($250,000) to a public partner for the purposes of studying the costs and benefits of entering into a public- private partnership for a proposed trade port project.
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 15 - e a n e d r e l u [ A d HTRC/HB 19 costs and benefits of entering into a public-private partnership for a proposed trade port project.
HTRC/HB 19/a Page 15 D.
D.
h E.
E.
Money in the trade ports development fund may be u » r used pursuant to Subsections B and C of this section only for t h g e grants or loans to a public partner for a trade port project.
Money in the trade ports development fund may be used pursuant to Subsections B and C of this section only for grants or loans to a public partner for a trade port project.
l i h r i s F.
F.
Money in the trade ports development fund may be h , e h used for grants or loans to an Indian nation, tribe or pueblo t u g e b l that has entered into a partnership with a private partner for e e , gh n d d i = = o h the development of a trade port project only if:
Money in the trade ports development fund may be used for grants or loans to an Indian nation, tribe or pueblo that has entered into a partnership with a private partner for the development of a trade port project only if:
l ] b ,d i a º r (1) the agreement between the Indian nation, e r = t e w d tribe or pueblo and the private partner is approved by the m a n o d m :
(1) the agreement between the Indian nation, tribe or pueblo and the private partner is approved by the secretary;
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 16 - e a n e d r e l u [ A d HTRC/HB 19 secretary;
and HTRC/HB 19/a Page 16 (2) the grant or loan application is approved by the secretary.
and (2) the grant or loan application is approved by the secretary.
Money in the trade ports development fund may be used for administrative and reimbursable costs incurred by the economic development department and the department of transportation, subject to the legislative appropriation process.
Money in the trade ports development fund may be used for administrative and reimbursable costs incurred by the economic development department, the state board of finance and the department of transportation, subject to the legislative appropriation process.
[NEW MATERIAL ] APPLICABILITY OF CERTAIN OTHER LAWS.--The construction of a trade port project pursuant to a public-private partnership agreement is a public work for the purposes of the Public Works Minimum Wage Act, the Subcontractors Fair Practices Act and the Public Works Apprentice and Training Act.
APPLICABILITY OF CERTAIN OTHER LAWS.--The construction of a trade port project pursuant to a public-private partnership agreement is a public work for the purposes of the Public Works Minimum Wage Act, the Subcontractors Fair Practices Act and the Public Works Apprentice and Training Act.
[NEW MATERIAL ] REPORT.--By December 1, 2025, and by December 1 of each year thereafter, the secretary shall h provide a report to the governor and the legislative finance g o committee regarding:
EMPLOYMENT RESTRICTIONS.-- A.
t hr g e A.
A private partner shall:
trade port districts and trade port projects i k h r i s approved by the secretary;
(1) have no employee related to the secretary or another employee of the economic development department responsible for reviewing public-private partnership agreements;
h , t, B.
and (2) not hire the secretary or another employee of the economic development department responsible for reviewing public-private partnership agreements within two years of separation from employment by the department.
a description of the businesses and industries e u g e b l participating in each approved trade port district and trade e e h n d d i port project;
B.
= = o h l ] b ,d i a º e C.
Any person who knowingly and willfully violates the provisions of Subsection A of this section is guilty of a HTRC/HB 19/a Page 17 misdemeanor and shall be sentenced pursuant to the provisions of Subsection B of Section 30-1-6 NMSA 1978.
grant and loan applications approved by the r i = r t e w d secretary;
An alleged violation of Subsection A of this section may be reported to the attorney general or a district attorney for enforcement.
m a n o d m :
SECTION 12.
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 17 - e a n e d r e l u [ A d HTRC/HB 19 D.
POWERS AND DUTIES OF THE STATE BOARD OF FINANCE.--The state board of finance shall have the following powers and duties pursuant to the Trade Ports Development Act:
A.
the review and provision of final approval or disapproval of all public-private partnership agreements, pursuant to the requirements of Subsection D of Section 8 of that act;
B.
approval of the disbursement of public funds from the trade ports development fund for a trade port project based on the private partner's satisfaction of project benchmarks or deliverables;
and C.
promulgation of rules to carry out its duties pursuant to that act.
SECTION 13.
REPORT.--By December 1, 2025, and by December 1 of each year thereafter, the secretary shall provide a report to the governor and the legislative finance committee regarding:
A.
trade port districts and trade port projects approved by the secretary;
B.
a description of the businesses and industries HTRC/HB 19/a Page 18 participating in each approved trade port district and trade port project;
C.
grant and loan applications approved by the secretary;
D.
STBTCº SECTION 12.
SECTION 14.
Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended by Laws 2023, Chapter 149, Section 2 and by Laws 2023, Chapter 174, Section 1) is amended to read:
Section 13-1-150 NMSA 1978 (being Laws 1984, Chapter 65, Section 123, as amended) is amended to read:
"13-1-98.
"13-1-150.
EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:
MULTI-TERM CONTRACTS--SPECIFIED PERIOD.-- A.
A.
A multi-term contract for items of tangible personal property, construction or services except for professional services, in an amount under twenty-five thousand dollars ($25,000), may be entered into for any period of time deemed to be in the best interests of the state agency or a local public body not to exceed four years;
procurement of items of tangible personal property or services by a state agency or a local public body from a state agency, a local public body or external procurement unit except as otherwise provided in Sections h 13-1-135 through 13-1-137 NMSA 1978;
provided that the term of the contract and conditions of renewal or extension, if any, are included in the specifications and funds are available for the first fiscal period at the time of contracting.
g o t hr B.
If the amount of the contract is twenty-five thousand dollars ($25,000) or more, HTRC/HB 19/a Page 19 the term shall not exceed ten years, including all extensions and renewals, except that for a contract entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act, the term shall not exceed twenty-five years, including all extensions and renewals.
procurement of tangible personal property or g e i k services for the governor's mansion and grounds;
Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.
h r i s C.
If the contract is pursuant to a public-private partnership agreement pursuant to the Trade Ports Development Act, the contract term shall not exceed thirty years, including all extensions and renewals.
printing and duplicating contracts involving h , t, e u g materials that are required to be filed in connection with e b l e e h proceedings before administrative agencies or state or federal n d d i = = o h courts;
B.
l ] b ,d i a º e r i = r D.
A contract for professional services may not exceed four years, including all extensions and renewals, except for the following:
purchases of publicly provided or publicly t e w d m a n o regulated gas, electricity, water, sewer and refuse collection d m :
(1) services required to support or operate federally certified medicaid, financial assistance and child support enforcement management information or payment systems;
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 18 - e a n e d r e l u [ A d HTRC/HB 19 services;
(2) services to design, develop or implement the taxation and revenue information management systems project authorized by Laws 1997, Chapter 125;
E.
(3) a multi-term contract for the services of trustees, escrow agents, registrars, paying agents, letter of credit issuers and other forms of credit enhancement and other similar services, excluding bond attorneys, HTRC/HB 19/a Page 20 underwriters and financial advisors with regard to the issuance, sale and delivery of public securities, may be for the life of the securities or as long as the securities remain outstanding;
purchases of books, periodicals, instructional materials and training materials in printed, digital or electronic format from the publishers, designated public- education-department-approved instructional material depositories or copyright holders thereof and purchases of print, digital or electronic format library materials by public, school and state libraries for access by the public;
(4) services relating to the implementation, operation and administration of the Education Trust Act;
F.
(5) services relating to measurement and verification of conservation-related cost savings and utility cost savings pursuant to the Public Facility Energy Efficiency and Water Conservation Act;
travel or shipping by common carrier or by private conveyance or to meals and lodging;
(6) services relating to the design and engineering of a state public works project:
G.
(a) for a period not to exceed the requisite time for project completion and a subsequent warranty period;
purchase of livestock at auction rings or to the procurement of animals to be used for research and experimentation or exhibit;
and (b) upon approval of the secretary of finance and administration;
H.
(7) services relating to the design and engineering of a regional water project with an estimated cost of more than five hundred million dollars ($500,000,000):
contracts with businesses for public school transportation services;
(a) for a period not to exceed the requisite time for project completion and a subsequent warranty period;
I.
and (b) upon approval of the secretary of HTRC/HB 19/a Page 21 finance and administration;
procurement of tangible personal property or h services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, u » r by the corrections industries division of the corrections t h g e department pursuant to rules adopted by the corrections l i h r i s industries commission, which shall be reviewed by the h , e h purchasing division of the general services department prior to t u g e b l adoption;
and (8) a contract for services pursuant to a public-private partnership agreement pursuant to the Trade Ports Development Act, which contract shall not exceed thirty years, including all extensions and renewals." SECTION 15.
e e , gh n d d i = = o h J.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.
purchases not exceeding ten thousand dollars l ] b ,d i a º r ($10,000) consisting of magazine subscriptions, web-based or e r = t e w d m a n o electronic subscriptions, conference registration fees and d m :
HTRC/HB 19/a Page 22 9 25
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 19 - e a n e d r e l u [ A d HTRC/HB 19 other similar purchases where prepayments are required;
K.
municipalities having adopted home rule charters and having enacted their own purchasing ordinances;
L.
the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with the exception of bond attorneys and general financial consultants;
M.
contracts entered into by a local public body with a private independent contractor for the operation, or provision and operation, of a jail pursuant to Sections 33-3-26 and 33-3-27 NMSA 1978;
N.
contracts for maintenance of grounds and facilities at highway rest stops and other employment opportunities, excluding those intended for the direct care and support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who h g provide services to persons with handicaps;
o t hr O.
contracts and expenditures for services or items g e i k of tangible personal property to be paid or compensated by h r i s h money or other property transferred to New Mexico law , t, e u g enforcement agencies by the United States department of justice e b l e e h drug enforcement administration;
n d d i = = o h l ] b ,d P.
contracts for retirement and other benefits i a º e r i = r pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;
t e w d m a n o Q.
contracts with professional entertainers;
d m :
b e d s º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 20 - e a n e d r e l u [ A d HTRC/HB 19 R.
contracts and expenditures for legal subscription and research services and litigation expenses in connection with proceedings before administrative agencies or state or federal courts, including experts, mediators, court reporters, process servers and witness fees, but not including attorney contracts;
S.
contracts for service relating to the design, engineering, financing, construction and acquisition of public improvements undertaken in improvement districts pursuant to Subsection L of Section 3-33-14.1 NMSA 1978 and in county improvement districts pursuant to Subsection L of Section 4-55A-12.1 NMSA 1978;
T.
works of art for museums or for display in public buildings or places;
U.
contracts entered into by a local public body with a person, firm, organization, corporation or association h or a state educational institution named in Article 12, Section u » r 11 of the constitution of New Mexico for the operation and t h g e maintenance of a hospital pursuant to Chapter 3, Article 44 l i h r i s NMSA 1978, lease or operation of a county hospital pursuant to h , e h the Hospital Funding Act or operation and maintenance of a t u g e b l hospital pursuant to the Special Hospital District Act;
e e , gh n d d i = = o h V.
purchases of advertising in all media, including l ] b ,d i a º r radio, television, print and electronic;
e r = t e w d m a n o W.
purchases of promotional goods intended for d m :
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 21 - e a n e d r e l u [ A d HTRC/HB 19 resale by the tourism department;
X.
procurement of printing, publishing and distribution services for materials produced and intended for resale by the cultural affairs department;
Y.
procurement by or through the public education department from the federal department of education relating to parent training and information centers designed to increase parent participation, projects and initiatives designed to improve outcomes for students with disabilities and other projects and initiatives relating to the administration of improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act;
provided that the exemption applies only to procurement of services not to exceed two hundred thousand dollars ($200,000);
Z.
procurement of services from community rehabilitation programs or qualified individuals pursuant to h the State Use Act;
u » r t h AA.
purchases of products or services for eligible g e l i persons with disabilities pursuant to the federal h r i s Rehabilitation Act of 1973;
h , e h t u g BB.
procurement, by either the department of health e b l e e , gh or Grant county or both, of tangible personal property, n d d i = = o h services or construction that are exempt from the Procurement l ] b ,d i a º r e r = Code pursuant to Section 9-7-6.5 NMSA 1978;
t e w d m a n o CC.
contracts for investment advisory services, d m :
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 22 - e a n e d r e l u [ A d HTRC/HB 19 investment management services or other investment-related services entered into by the educational retirement board, the state investment officer or the retirement board created pursuant to the Public Employees Retirement Act;
DD.
the purchase for resale by the state fair commission of feed and other items necessary for the upkeep of livestock;
EE.
contracts entered into by the crime victims reparation commission to distribute federal grants to assist victims of crime, including grants from the federal Victims of Crime Act of 1984 and the federal Violence Against Women Act of 1994;
FF.
procurement by or through the early childhood education and care department of early pre-kindergarten and pre-kindergarten services purchased pursuant to the Pre- Kindergarten Act;
h GG.
procurement of services of commissioned u » r advertising sales representatives for New Mexico magazine;
t h g e HH.
contracts entered into by the forestry division l i h r i s of the energy, minerals and natural resources department to h , e h distribute federal grants to nongovernmental entities and t u g e b l individuals selected through an application process conducted e e , gh n d d i = = o h by the United States department of agriculture, the United l ] b ,d i a º r States department of the interior or any division or bureau e r = t e w d m a n o thereof for programs for wildfire prevention or protection, d m :
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e - 23 - e a n e d r e l u [ A d HTRC/HB 19 urban forestry, forest and watershed restoration and protection, reforestation or economic development projects to advance the use of trees and wood biomass for hazardous fuel reduction;
[and] II.
agreements and contracts entered into pursuant to the Trade Ports Development Act;
and [II.] JJ.
procurements exempt from the Procurement Code as otherwise provided by law."»STBTC SECTION STBTCº 13.»STBTC STBTCº12.»STBTC EFFECTIVE DATE.
--The effective date of the provisions of this act is July 1, 2025.
- 24 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .231449.1AIC March 16, 2025 (4:27pm) s k m e e a n e d r e l u [ A d
View plain text versions (4)

Action History

  1. Signed

  2. House concurred in Senate amendments

  3. passed Senate

  4. DO PASS, as amended, committee report adopted

  5. DO PASS, as amended, committee report adopted

  6. Sent to Senate Tax, Business and Transportation Committee & Senate Finance Committee

  7. passed House

  8. DO NOT PASS, replaced with committee substitute

  9. DO PASS, as amended, committee report adopted

  10. Sent to House Commerce & Economic Development Committee & House Taxation & Revenue Committee

  11. Sent to House Pre-file

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

5 sponsors · 0 co-sponsors · 107 not signed on

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (107)

107 members have not signed on to this bill.

Show all 107 →

"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

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 19?
HB 19 is sponsored by Joy Garratt (Democrat), Raymundo Lara (Democrat), Dayan Hochman-Vigil (Democrat), Patricia A. Lundstrom (Democrat), and Tara L. Lujan (Democrat).
What is the current status of HB 19?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track HB 19?
Track HB 19 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 19

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 19

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →