HB 534 — PUBLIC-PRIVATE PARTNERSHIP ACT

b e d s º o t n = .213621.2 s k m e - 4 - e a n e d r e l u [ A d all or part of a public project.

SECTION Sflº4.

3.»Sfl [NEW MATERIAL] PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS--APPROVAL REQUIREMENTS--RESTRICTIONS.-- A.

HLVMCº B.

Prior to entering into negotiations regarding the use of a public-private epartnership eagreement 17as a method of implementing a proposed public project, the public partner shall publish its interest in considering such an agreement, and such publication shall include a description of the scope of the proposed public project.»HLVMC HLVMCºB.»HLVMC HLVMCºC.»HLVMC Prior to entering into a public-private partnership agreement, a public partner shall:

eh e n d 18 (1) undertake a cost-benefit analysis of a =u =» lr ] 19 public-private partnership project in comparison with the at lh rg ie 20l i traditional public partner-managed project;

th er ai ts (2) determine whether the application of the mh m, 21 e dth r e 22 Procurement Code or other procurement rules applicable to the ct u g e rb cl 23e e , gh public partner would delay or increase the cost of the proposed en ad nd bi 24= = o h public project;

ul [] b ,d i a º r (3) conduct a public hearing relating to the .213621.2e -r 4= -t e w d m a n o proposed public-private partnership held in accordance with the Opend Meetingsm Act;:

b r e t º o t n = .213621.2 s k m e - 5 - e a n e d r e l u [ A d Open Meetings Act;

C.HLVMCºC.»HLVMC HLVMCºD.»HLVMC A public-private partnership agreement shall:

A public-private partnership agreement shall:

eh e 17 (4) require a private partner to provide, or eu e» nr d 18 cause to be provided, performance and payment bonds as required =t =h lg ]e 19l i pursuant to Section 13-4-18 NMSA 1978;

ah l r i 20s (5) require a private partner to provide th , e ah t guarantees, letters of credit or other acceptable forms of mt mu 21g e db rl e 22e , gh security, the amount of which may be less than one hundred cn ed rd ci 23= = o h percent of the value of the contract involved based on the el a] n b 24,d i a º r determination of the public partner, or for public-private ue [r = t e w d m a n o partnership agreements requiring board approval, based on the .213621.2d -m 5: - determination by the board;

b r e t º o t n = .213621.2 s k m e - 6 - e a n e d r e l u [ A d determination by the board;

and (b) terminate the public-private partnership and exercise any other rights and remedies that may eh e 17 be available;

eu e» nr d 18 (10) specify the term of the public-private =t =h lg ]e 19l i partnership agreement, which shall not exceed thirty years;

ah l r i 20s (11) limit a private partner from seeking th , e ah t injunctive or other equitable relief to in any way restrict a mt mu 21g e db rl e 22e , gh public partner from developing, constructing or maintaining a cn ed rd ci 23= = o h public project, except that the public-private partnership el a] n b 24,d i a º r agreement may provide for reasonable compensation to the ue [r private= partnert fore thew adversed effectm resultinga fromn .213621.2o -private 6partner -for development,the construction,adverse operationeffect andresulting maintenancefrom ofd anotherm public: project of the public partner;

b r e t º o t n = .213621.2 s k m e - 7 - e a n e d r e l u [ A d development, construction, operation and maintenance of another public project of the public partner;

D.HLVMCº D.»HLVMC HLVMCºE.»HLVMC A public-private partnership agreement for a public project for which the cost is in excess of ten million dollars ($10,000,000) Sflº and the term of the agreement is more than five years»Sfl shall not h become effective until it is approved by the u » r SflºSJCºauthority»SJC SJCºboard»SJC»Sfl t h g e l i SflºSflºauthority»Sfl»Sfl Sflºboard»Sfl pursuant to h r i s Subsection D of Section SflºSJCº7»SJC SJCº6»SJC»Sfl h , e h SflºSflº7»Sfl»Sfl Sflº5»Sfl of the Public-Private t u g e b l e e , gh Partnership Act.

An public-privated partnershipd agreementi for= a= publico projecth forHLVMCºE.»HLVMC whichHLVMCºF.»HLVMC theWithin costthirty isdays inl excess] ofb ten,d millioni dollarsa ($10,000,000)º andr the term of theexecution agreementby isa morepublic thanpartner fiveand yearsa shallprivate notpartner, becomea effectivecopy untile itr is= approvedt e ew 17d bym thea authorityn pursuanto to Subsection D of Sectionthe 7fully ofexecuted thepublic-private epartnership eagreement nfor d 18m Public-Private: Partnership Act.

=b r e t º o t n = .213621.2 s k m e - 8 - e a n e d r e l ]u 19[ E.A d a public project for which the cost is less than or equal to ten million dollars ($10,000,000) Sflºor for which the term of the agreement is five years or less»Sfl shall be delivered to the board for reporting pursuant to Subsection C of Section Sflº6 5»Sfl of the Public-Private Partnership Act.

WithinSECTION thirtySflº5. days of execution by a public a l r i 20 partner and a private partner, a copy of the fully executed t e a t public-private partnership agreement for a public project for m m 21 e d r e 22 which the cost is less than or equal to ten million dollars c e r c 23 ($10,000,000) or for which the term of the agreement is five e a n b 24 years or less shall be delivered to the board for reporting u [ pursuant to Subsection C of Section 6 of the Public-Private .213621.2 - 7 - Partnership Act.

SECTION4.»Sfl 5.[NEW MATERIAL] PUBLIC-PRIVATE PARTNERSHIP BOARD--CREATED--MEMBERSHIP.-- A.

[NEW MATERIAL ] PUBLIC-PRIVATE PARTNERSHIP BOARD--CREATED--MEMBERSHIP.-- A.

(3) the secretary of general services or the h secretary's designee;

g o t hr (4) the secretary of transportation or the g e i k secretary's designee;

h r i s (5) the chief executive officer of the eh , t, e 17u g authority or the chief executive officer's designee;

and e eb nl de 18e h (6) four public members appointed by the New n d d i = = lo ]h 19 Mexico legislative council who shall have experience in a l r] b ,d i 20a º e architecture, development, engineering, public projects, r i = r t e w d m a tn o project finance, public finance or bond and finance law.

md m 21: e d r e 22 C.

Theb public members appointed initially shall c e rd cs 23º drawo lotst forn staggered= terms.213621.2 ins suchk am waye that- two9 members- e a n be 24d shallr servee forl six years, one member shall serve for four u [ yearsA andd oneC. member shall serve for two years.

Thereafter,The .213621.2public -members 8appointed -initially theshall publicdraw lots for staggered terms in such a way that two members shall serve for six-yearsix terms.years, one member shall serve for four years and one member shall serve for two years.

Thereafter, the public members shall serve for six-year terms.

SECTION Sflº 6.

5.»Sfl [NEW MATERIALMATERIAL] ] BOARD--POWERS.--The board shall have the following powers:

develop forms of applications for approval of h public-private partnerships;

g o t hr C.

receive for reporting purposes executed public- g e i k private partnership agreements for public projects for which h r i s the cost is less than or equal to ten million dollars eh e, 17t, ($10,000,000) SJCº or for which the term of the agreement is fivee u g e b l e ne dh 18five years or less;less»SJC;

n d d i = = lo ]h 19 D.

review and consider for approval proposed a l r] b ,d i 20a º e public-private partnership agreements for a public project for r i = r t e w d m a tn o which the cost is in excess of ten million dollars md m 21: e d r e 22 ($10,000,000) and the term of the agreement is more than five c e r c 23 years;

b e d s º o t n = .213621.2 s k m e - 10 - e a n be 24d E.r e l u [ A d ($10,000,000) SJCºand the term of the agreement is more than five years»SJC;

certifyE. the need for the issuance of revenue u [ bonds and refunding bonds by the authority;

.213621.2certify -the 9need -for F.the issuance of revenue bonds and refunding bonds by the authority;

F.

take all other action necessary to implement the Public-Private Partnership Act, including entering into joint h powers agreements and retaining legal counsel and experts when g o t hr appropriate.

g e i k SECTION Sflº 7.

6.»Sfl [NEW MATERIALMATERIAL] ] NEW MEXICO FINANCE h r i s AUTHORITY-- DUTIES.--The authority shall:

eh , t, e 17u g A.

e eb nl de 18e h B.

administer the public-private partnership n d d i = = lo ]h 19 project fund;

a l r] b ,d i 20a º e C.

develop forms of grant and loan applications for r i = r t e w d m a tn o public projects seeking funds from the public-private md m 21: e d r e 22 partnership project fund;

cb e d s º o t n = .213621.2 s k m e - 11 - e a n e d r ce 23l D.u [ A d partnership project fund;

makeD. loans and grants from the public-private e a n b 24 partnership project fund for public projects that have been u [ recommended for approval by the board pursuant to Subsection H .213621.2 - 10 - of Section 6 of the Public-Private Partnership Act;

make loans and grants from the public-private partnership project fund for public projects that have been recommended for approval by the board pursuant to Subsection H of Section Sflº 6 5»Sfl of the Public-Private Partnership Act;

be compensated from the public-private partnership project fund for administrative and reimbursable costs in connection with the authority's support of the board h and administration of the public-private partnership project g o t hr fund;

and g e i k I.

take all other action necessary to implement the h r i s Public-Private Partnership Act, including entering into joint eh e, 17t, powers agreements with other agencies.

e u g e nb dl 18e e h SECTION Sflº 8.

7.»Sfl [NEW MATERIALMATERIAL] ] PUBLIC-PRIVATE PARTNERSHIPn d d i = = lo ]h 19PARTNERSHIP PROJECT FUND CREATED--STUDY GRANTS--INFRASTRUCTURE LOANS.--l ] b ,d i a lº e LOANS.-- r i 20= r t e w d m a n o A.

The "public-private partnership project fund" is td em a: t created within the authority.

Theb fund consists of m m 21 e d rs eº 22o appropriations,t paymentsn of= principal.213621.2 ands interestk onm loans c e r- c12 23- made from the fund, income from investment of the fund and any e a n be 24d otherr moneye distributedl oru otherwise[ allocatedA tod created within the fund.authority.

uThe [fund Balancesconsists inof theappropriations, fundpayments atof principal and interest on loans made from the endfund, income from investment of anythe fiscalfund yearand shallany notother .213621.2money -distributed 11or -otherwise revertallocated to the general fund.

Balances in the fund at the end of any fiscal year shall not revert to the general fund.

h C.

Money in the public-private partnership project u » r fund may be used to provide loans for financing a public t h g e l i project through a public-private partnership agreement;

h r i s provided that:

h , e h (1) the private partner shall provide funds t u g e b l e 17e , gh matching the public partner's monetary obligation for the e e n d 18d i = = o h public-private partnership agreement, as provided by rule;

and = = l ] 19b (2),d thei public partner certifies to the board a lº r i(2) 20 that the public partner hascertifies taken all action necessary to t e a t approve the public-privateboard partnership agreement and that the m m 21 e d r e= 22t public-private partnership agreement contains all terms and c e rw cd 23m conditionsa requiredn byo Subsectionthat Cthe ofpublic Sectionpartner 4has oftaken theall Public-action enecessary ato nd bm 24: Private Partnership Act.

b r e t º o t n = .213621.2 s k m e - 13 - e a n e d r e l u [ D.A d approve the public-private partnership agreement and that the public-private partnership agreement contains all terms and conditions required by Subsection HLVMCº C»HLVMC HLVMCºD»HLVMC of Section Sflº4 3»Sfl of the Public-Private Partnership Act.

MoneyD. in the public-private partnership project .213621.2 - 12 - fund may be used pursuant to Subsections B and C of this section only for:

Money in the public-private partnership project fund may be used pursuant to Subsections B and C of this section only for:

and (2) a public project for which the cost is in excess of ten million dollars ($10,000,000) SJCº and the term of the agreement is more than five years.years»SJC.

E.SflºE.

Money in the public-private partnership project fund may be used for administrativegrants andor reimbursableloans coststo incurredan byIndian thenation, boardtribe andor bypueblo that has entered into a partnership with a private partner for the authority.development of a public project only if:

SECTIONh 9.(1) the cost of the public project is in g o t hr excess of ten million dollars ($10,000,000);

[NEWg MATERIALe ]i APPLICABILITYk OF(2) CERTAINthe OTHERagreement LAWS.--between A.the Indian nation, h r i s tribe or pueblo and the private partner is approved by the h , t, e u g board;

Theand constructione ofb al publice projecte pursuanth to(3) athe public-privategrant partnershipor agreementloan application is an publicd workd i = = o h recommended for approval by the purposesboard ofand approved by the Publicl Works] Minimumb Wage,d Act,i thea Subcontractorsº Faire Practicesr Acti and= ther Publicauthority.»Sfl Workst Apprenticee andw Trainingd Act.m a n o SflºHLVMCºE.

eMoney ein 17the B.public-private d m :

Notwithstandingb thee provisionsd ofs theº eo et n d= 18.213621.2 Procurements Codek orm anye other- procurement14 regulation- applicablee =a =n le ]d 19r toe thel publicu partner,[ theA publicd partnerpartnership mayproject enterfund intomay abe lused rfor igrants 20or contractsloans relating to thean developmentIndian oftribe, thenation publicor projectpueblo onthat thas eentered into a tpartnership such terms and with sucha personsprivate as the public partner mfor mthe 21development eof da rpublic eproject 22only determinesif: appropriate.

c(1) ethe rcost cof 23the SECTIONpublic 10.project is in excess of ten million dollars ($10,000,000) and the term of the partnership is more than five years;

[NEW(2) MATERIALthe ]agreement REVENUEbetween BONDINGthe AUTHORITY.--Indian enation, atribe nor bpueblo 24and A.the private partner is approved by the board;

Uponand certification(3) of the board,grant theor authorityloan uapplication [is mayrecommended issuefor revenueapproval bonds,by the pledgedboard revenuesand forapproved whichby shallthe .213621.2authority.»HLVMC»Sfl -SflºHLVMCºE.»HLVMC 13HLVMCºF.»HLVMC -F.»Sfl beMoney fees,in charges,the leasepublic-private payments,partnership installmentproject salefund paymentsmay orbe otherused revenue sources of a public project for anyadministrative oneand orreimbursable morecosts ofincurred by the purposesboard authorizedand h by the Public-Privateauthority. Partnership Act.

u » r t h SECTION Sflº 9.

8.»Sfl [NEW MATERIAL] APPLICABILITY OF g e l i CERTAIN OTHER LAWS.-- h r i s A.

The construction of a public project pursuant to h , e h t u g a public-private partnership agreement is a public work for the e b l e e , gh purposes of the Public Works Minimum Wage Act, the n d d i = = o h Subcontractors Fair Practices Act and the Public Works l ] b ,d i a º r e r = Apprentice and Training Act.

t e w d m a n o B.

Notwithstanding the provisions of the d m :

b r e t º o t n = .213621.2 s k m e - 15 - e a n e d r e l u [ A d Procurement Code or any other procurement regulation applicable to the public partner, the public partner may enter into contracts relating to the development of the public project on such terms and with such persons as the public partner determines appropriate.

SECTION Sflº 10.

9.»Sfl [NEW MATERIAL] REVENUE BONDING AUTHORITY.-- A.

Upon certification of the board, the authority may issue revenue bonds, the pledged revenues for which shall be fees, charges, lease payments, installment sale payments or other revenue sources of a public project for any one or more of the purposes authorized by the Public-Private Partnership Act.

The authority may pledge irrevocably any or all of the revenue received by the authority to the payment of the interest on and principal of revenue bonds for any of the h purposes authorized in the Public-Private Partnership Act.

u » r C.

In addition to the pledge of revenues to the t h g e l i payment of revenue bonds, the authority may grant a mortgage on h r i s a public project that has been solely financed by revenue bonds h , e h to the bondholders or a trustee for the benefit of the holders t u g e b l e e , gh of revenue bonds.

n d d i = = o h D.

Revenue in excess of the annual principal and l ] b ,d i a º r interest due on revenue bonds secured by a pledged revenue may e r = t e w d m a n o be accumulated in a debt service reserve account.

The e e 17 authority may appoint a commercial bank trust department to act e e n d 18m as: paying agent or trustee of the revenue and to administer the = = l ] 19 payment of principal of and interest on the revenue bonds.

b r e t º o t n = .213621.2 s k m e - 16 - e a ln e d r ie 20l E.u [ A d authority may appoint a commercial bank trust department to act as paying agent or trustee of the revenue and to administer the payment of principal of and interest on the revenue bonds.

ExceptE. as otherwise provided in the Public- t e a t Private Partnership Act, revenue bonds:

mExcept m 21 e d r e 22 (1) may have interest, principal value or any c e r c 23 part thereof payable at intervals or at maturity as mayotherwise beprovided ein athe nPublic- bPrivate 24Partnership determinedAct, byrevenue thebonds: authority;

u(1) [ (2) may behave subjectinterest, toprincipal priorvalue redemptionor atany thepart .213621.2thereof -payable 14 - authority's option at aintervals time and upon terms and conditions, with or withoutat thematurity paymentas ofmay abe premium, as determined by the authority;

(2) may be subject to prior redemption at the authority's option at a time and upon terms and conditions, with or without the payment of a premium, as determined by the authority;

(4) may be serial in form and maturity, may consist of one bond payable at one time or in installments or h may be in another form determined by the authority;

u » r (5) shall be sold for cash at, above or below t h g e l i par and at a price that results in a net effective interest h r i s rate that does not exceed the maximum permitted by the Public h , e h Securities Act and the Public Securities Short-Term Interest t u g e b l e e , gh Rate Act;

and n d d i = = o h (6) may be sold at public or negotiated sale.

l ] b ,d i a º r F.

At a regular or special meeting, the authority e r = t e w d m a n o may, upon receipt of a certification from the board, adopt a ed em 17: resolution that:

eb r e t º o t n d= 18.213621.2 (1)s declaresk them necessitye for- issuing17 revenue- =e =a n e d r e l ]u 19[ bonds;A d resolution that:

a(1) ldeclares r i 20 (2) authorizes the issuancenecessity offor issuing revenue bondsbonds; t e a t by an affirmative vote of a majority of all of the members of m m 21 e d r e 22 the authority;

and(2) cauthorizes ethe rissuance cof 23revenue (3)bonds designatesby thean sourcesaffirmative vote of revenues to be e a nmajority bof 24all pledgedof to the repaymentmembers of the revenueauthority; bonds.

uand [(3) SECTIONdesignates 11.the sources of revenues to be pledged to the repayment of the revenue bonds.

[NEWSECTION MATERIALSflº ]11. REFUNDING BOND AUTHORITY.-- .213621.2 - 15 - A.

10.»Sfl [NEW MATERIAL] REFUNDING BOND AUTHORITY.-- A.

(1) acceleration, deceleration or other modification of the payment of the outstanding bonds, including h any capitalization of any interest thereon in arrears or about g o t hr to become due for any period not exceeding two years from the g e i k date of the refunding bonds;

h r i s (2) reduction of interest costs or effecting h , t, other economies;

or e u g e b l e e h (3) modification or elimination of restrictive n d d i = = o h contractual limitations pertaining to the issuance of l ] b ,d i a º e additional bonds or concerning the outstanding bonds or public r i = r t e w d m a n o project relating to the outstanding bonds.

B.d m :

Theb authority may pledge irrevocably for the e ed 17s paymentº ofo interest,t principaln and= premium,.213621.2 ifs any,k onm e e- n d 18 refunding- bondse thea appropriaten pledgede revenues,d whichr maye be = = l ]u 19[ pledgedA tod anB. original issue of bonds.

aThe lauthority rmay ipledge 20irrevocably C.for the payment of interest, principal and premium, if any, on refunding bonds the appropriate pledged revenues, which may be pledged to an original issue of bonds.

InC. addition to the pledge of revenue to the t e a t payment of refunding bonds, the authority may grant a mortgage m m 21 e d r e 22 on a public project that has been solely financed by revenue c e r c 23 bonds to the bondholders or a trustee for the benefit of the e a n b 24 holders of the bonds.

uIn [addition D.to the pledge of revenue to the payment of refunding bonds, the authority may grant a mortgage on a public project that has been solely financed by revenue bonds to the bondholders or a trustee for the benefit of the holders of the bonds.

RefundingD. bonds may be issued separately or in .213621.2 - 16 - combination in one series or more.

Refunding bonds may be issued separately or in combination in one series or more.

Bonds that are refunded shall be paid at maturity or on any permitted prior redemption date in the amounts, at the time and places and, if called prior to maturity, in accordance with any applicable notice provisions, all as h provided in the proceedings authorizing the issuance of the u » r refunded bonds or otherwise appertaining thereto, except for t h g e l i any such bond that is voluntarily surrendered for exchange or h r i s payment by the holder or owner.

h , e h F.

The principal amount of the refunding bonds may t u g e b l e e , gh exceed the principal amount of the refunded bonds and may also n d d i = = o h be less than or the same as the principal amount of the bonds l ] b ,d i a º r being refunded if provision is duly and sufficiently made for e r = t e w d m a n o the payment of the refunded bonds.

G.d m :

Theb proceedsr of refunding bonds, including e et 17º accruedo interestt andn premiums= appertaining.213621.2 tos thek salem of e e- n d 18 refunding bonds, shall be immediately applied to the retirement = = l ] 19 of- thee bonds being refunded or placed in escrow in a commercialn ae ld r i 20 bank or trust company that possesses and exercises trust powers t e al tu and[ thatA is a member of the federal deposit insurance m m 21 e d rG. e 22 corporation.

cThe eproceeds rof crefunding 23bonds, H.including accrued interest and premiums appertaining to the sale of refunding bonds, shall be immediately applied to the retirement of the bonds being refunded or placed in escrow in a commercial bank or trust company that possesses and exercises trust powers and that is a member of the federal deposit insurance corporation.

RefundingH. bonds may bear additional terms and e a n b 24 provisions as determined by the authority subject to the u [ limitations in this section relating to original bond issues.

.213621.2Refunding -bonds 17may -bear Refundingadditional bondsterms areand notprovisions as determined by the authority subject to the provisionslimitations ofin anythis othersection statute.relating to original bond issues.

Refunding bonds are not subject to the provisions of any other statute.

h (2) may be subject to prior redemption at the u » r authority's option at a time or times and upon terms and t h g e l i conditions with or without payment of premium or premiums, as h r i s determined by the authority;

h , e h (3) may be serial in form and maturity or may t u g e b l e e , gh consist of a single bond payable in one or more installments or n d d i = = o h may be in another form, as determined by the authority;

and l ] b ,d i a º r (4) shall be exchanged for the bonds and any maturede unpaidr interest= beingt refunded at not less than par or sold at public or negotiated sale at, above or below par and at e ew 17d m a pricen thato resultsmatured inunpaid a net effective interest ratebeing thatrefunded doesat e e n d 18 not exceedless thethan maximumpar permittedor byd them Public: Securities Act.

=b r e t º o t n = .213621.2 s k m e - 20 - e a n e d r e l ]u 19[ J.A d sold at public or negotiated sale at, above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act.

AtJ. a regular or special meeting, the authority a l r i 20 may adopt a resolution by majority vote to authorize the t e a t issuance of the refunding bonds.

mAt ma 21regular eor dspecial rmeeting, ethe 22authority SECTIONmay 12.adopt a resolution by majority vote to authorize the issuance of the refunding bonds.

[NEWSECTION MATERIALSflº12. ] BONDS NOT OBLIGATION OF c e r c 23 STATE.--All bonds or other obligations issued pursuant to the e a n b 24 Public-Private Partnership Act are payable solely from the u [ revenue of the authority that may be pledged to the payment of .213621.2 - 18 - such obligations, and the bonds or other obligations shall not create an obligation, debt or liability of the state or any other of its political subdivisions.

No11.»Sfl breach[NEW ofMATERIAL] anyBONDS pledge,NOT obligationOBLIGATION OF STATE.--All bonds or agreementother obligations issued pursuant to the Public-Private Partnership Act are payable solely from the revenue of the authority shallthat imposemay abe pecuniarypledged liabilityto orthe apayment chargeof uponsuch theobligations, generaland creditthe bonds or taxingother powerobligations shall not create an obligation, debt or liability of the state or any other of its political subdivisions.

SECTIONNo 13.breach of any pledge, obligation or agreement of the authority shall impose a pecuniary liability or a charge upon the general credit or taxing power of the state or any other of its h political subdivisions.

[NEWu MATERIAL» ]r REPORT.--BySECTION DecemberSflº 1,13. 2019, and by December 1 of each year thereafter, the board shall provide a report to the governor and the New Mexico finance authority oversight committee regarding:

12.»Sfl [NEW MATERIAL] REPORT.--By t h g e l i December 1, 2019, and by December 1 of each year thereafter, h r i s the board shall provide a report to the governor and the New h , e h Mexico finance authority oversight committee regarding:

t u g e b l e e , gh A.

the grant and loan applications approved by the n d d i = = o h board;

l ] b ,d i a º r B.

the public-private partnership agreements e r = t e w d m a n o approved by or reported to the board;

d m :

b r e t º o t n = .213621.2 s k m e - 21 - e a n e d r e l u [ A d C.

the status of the public-private partnership project fund;

D.

any certifications for the issuance of revenue or refunding bonds made by the board to the authority;

and E.

any recommended changes to the Public-Private Partnership Act.

SECTION Sflº14.

13.»Sfl [NEW MATERIAL] CUMULATIVE AUTHORITY.--The Public-Private Partnership Act shall be deemed to provide an additional and alternative method for the doing of things authorized by that act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing;

provided that the issuance of bonds pursuant to the provisions of the Public-Private Partnership Act need not comply with the requirements of any other law applicable to the issuance of bonds, except the Public Securities Act, the Public h Securities Short-Term Interest Rate Act and the Public u » r Securities Limitation of Action Act, which acts shall apply.

t h g e l i SJCº SECTION 15.

[NEW MATERIAL] LIBERAL INTERPRETATION.-- h r i s The Public-Private Partnership Act, being necessary for the h , e h welfare of the state and its inhabitants, shall be liberally t u g e b l e e , gh construed to effect the purposes of that act.»SJC n d d i = = o h SECTION Sflº16.

14.»Sfl Section 13-1-98 NMSA 1978 (being l ] b ,d i a º r Laws 1984, Chapter 65, Section 71, as amended) is amended to e r = t e w d m a n o read:

d m :

b r e t º o t n = .213621.2 s k m e - 22 - e a n e d r e l u [ A d "13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:

theprocurement grantof anditems loanof applicationstangible approvedpersonal property or services by thea board;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 13-1-135 through 13-1-137 NMSA 1978;

theprocurement public-privateof partnershiptangible agreementspersonal approvedproperty by or reportedservices tofor the board;governor's mansion and grounds;

theprinting statusand ofduplicating thecontracts public-privateinvolving partnershipmaterials ethat eare 17required projectto fund;be filed in connection with proceedings before administrative agencies or state or federal courts;

e e n d 18 D.

any certifications for the issuance of revenue = = l ] 19 or refunding bonds made by the board to the authority;

and a l r i 20 E.

any recommended changes to the Public-Private t e a t Partnership Act.

m m 21 e d r e 22 SECTION 14.

[NEW MATERIAL ] CUMULATIVE AUTHORITY.--The c e r c 23 Public-Private Partnership Act shall be deemed to provide an e a n b 24 additional and alternative method for the doing of things u [ authorized by that act and shall be regarded as supplemental .213621.2 - 19 - and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing;

provided that the issuance of bonds pursuant to the provisions of the Public-Private Partnership Act need not comply with the requirements of any other law applicable to the issuance of bonds, except the Public Securities Act, the Public Securities Short-Term Interest Rate Act and the Public Securities Limitation of Action Act, which acts shall apply.

SECTION 15.

[NEW MATERIAL ] LIBERAL INTERPRETATION.--The Public-Private Partnership Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of that act.

SECTION 16.

Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended) is amended to read:

"13-1-98.

EXEMPTIONS FROM THE PROCUREMENT CODE.--The provisions of the Procurement Code shall not apply to:

e e 17 A.

procurement of items of tangible personal e e n d 18 property or services by a state agency or a local public body = = l ] 19 from a state agency, a local public body or external a l r i 20 procurement unit except as otherwise provided in Sections t e a t 13-1-135 through 13-1-137 NMSA 1978;

m m 21 e d r e 22 B.

procurement of tangible personal property or c e r c 23 services for the governor's mansion and grounds;

e a n b 24 C.

printing and duplicating contracts involving u [ materials that are required to be filed in connection with .213621.2 - 20 - proceedings before administrative agencies or state or federal courts;

h E.

purchases of books, periodicals and training g o t hr materials in printed or electronic format from the publishers g e i k or copyright holders thereof;

h r i s F.

travel or shipping by common carrier or by h , t, private conveyance or to meals and lodging;

e u g e b l e e h G.

purchase of livestock at auction rings or to the n d d i = = o h procurement of animals to be used for research and l ] b ,d i a º e experimentation or exhibit;

r i = r t e w d m a n o H.

contracts with businesses for public school transportationd services;m :

b e d s º o t n = .213621.2 s k m e - 23 - e a n e d r e l u [ A d transportation services;

procurement of tangible personal property or e e 17 services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, e e n d 18 by the corrections industries division of the corrections = = l ] 19 department pursuant to rules adopted by the corrections a l r i 20 industries commission, which shall be reviewed by the t e a t purchasing division of the general services department prior to m m 21 e d r e 22 adoption;

c e r c 23 J.

purchases not exceeding ten thousand dollars e a n b 24 ($10,000) consisting of magazine subscriptions, web-based or u [ electronic subscriptions, conference registration fees and .213621.2 - 21 - other similar purchases where prepayments are required;

the issuance, sale and delivery of public securities pursuant to the applicable authorizing statute, with h the exception of bond attorneys and general financial u » r consultants;

t h g e l i M.

contracts entered into by a local public body h r i s with a private independent contractor for the operation, or h , e h provision and operation, of a jail pursuant to Sections 33-3-26 t u g e b l e e , gh and 33-3-27 NMSA 1978;

n d d i = = o h N.

contracts for maintenance of grounds and facilitiesl at] highwayb rest,d stopsi anda otherº employmentr opportunities,facilities excludingat thosehighway intendedrest forstops the direct care and supportother ofemployment personse withr handicaps,= enteredt intoe byw stated agenciesm witha private,n nonprofit,o independentopportunities, contractorsexcluding whothose eintended efor 17the providedirect servicescare toand personsd withm handicaps;:

b r e t º o t n = .213621.2 s k m e - 24 - e a n e d 18r O.e l u [ A d support of persons with handicaps, entered into by state agencies with private, nonprofit, independent contractors who provide services to persons with handicaps;

contractsO. and expenditures for services or items = = l ] 19 of tangible personal property to be paid or compensated by a l r i 20 money or other property transferred to New Mexico law t e a t enforcement agencies by the United States department of justice m m 21 e d r e 22 drug enforcement administration;

ccontracts eand rexpenditures cfor 23services P.or items of tangible personal property to be paid or compensated by money or other property transferred to New Mexico law enforcement agencies by the United States department of justice drug enforcement administration;

contractsP. for retirement and other benefits e a n b 24 pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

ucontracts [for Q.retirement and other benefits pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

Q.

.213621.2 - 22 - 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 h attorney contracts;

u » r S.

contracts for service relating to the design, t h g e l i engineering, financing, construction and acquisition of public h r i s improvements undertaken in improvement districts pursuant to h , e h Subsection L of Section 3-33-14.1 NMSA 1978 and in county t u g e b l e e , gh improvement districts pursuant to Subsection L of Section n d d i = = o h 4-55A-12.1 NMSA 1978;

l ] b ,d i a º r T.

works of art for museums or for display in e r = t e w d m a n o public buildings or places;

U.d m :

contractsb enteredr into by a local public body with a person, firm, organization, corporation or association e et 17º oro at state educational institution named in Article 12, Section e e n d 18 11 of the constitution of New Mexico for the operation and = =.213621.2 ls ]k 19m maintenancee of- a25 hospital- pursuant to Chapter 3, Article 44 a l r i 20 NMSA 1978, lease or operation of a county hospital pursuant to t e a tn the Hospital Funding Act or operation and maintenance of a m m 21 e d r e 22l hospitalu pursuant[ toA thed SpecialU. Hospital District Act;

ccontracts eentered rinto cby 23a V.local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 NMSA 1978, lease or operation of a county hospital pursuant to the Hospital Funding Act or operation and maintenance of a hospital pursuant to the Special Hospital District Act;

purchasesV. of advertising in all media, including e a n b 24 radio, television, print and electronic;

upurchases [of W.advertising in all media, including radio, television, print and electronic;

purchasesW. of promotional goods intended for .213621.2 - 23 - resale by the tourism department;

purchases of promotional goods intended for resale by the tourism department;

procurement by or through the public education h department from the federal department of education relating to u » r parent training and information centers designed to increase t h g e l i parent participation, projects and initiatives designed to h r i s improve outcomes for students with disabilities and other h , e h projects and initiatives relating to the administration of t u g e b l e e , gh improvement strategy programs pursuant to the federal n d d i = = o h Individuals with Disabilities Education Act;

provided that the l ] b ,d i a º r exemption applies only to procurement of services not to exceed e r = t e w d m a n o two hundred thousand dollars ($200,000);

Z.d m :

procurementb ofr servicese fromt communityº rehabilitationo programst orn qualified= individuals.213621.2 pursuants tok m e - 26 - e 17a then Statee Used Act;r e l u [ A d Z.

eprocurement eof nservices dfrom 18community AA.rehabilitation programs or qualified individuals pursuant to the State Use Act;

purchasesAA. of products or services for eligible = = l ] 19 persons with disabilities pursuant to the federal a l r i 20 Rehabilitation Act of 1973;

tpurchases eof aproducts tor BB.services for eligible persons with disabilities pursuant to the federal Rehabilitation Act of 1973;

procurement,BB. by either the department of health m m 21 e d r e 22 or Grant county or both, of tangible personal property, c e r c 23 services or construction that are exempt from the Procurement e a n b 24 Code pursuant to Section 9-7-6.5 NMSA 1978;

uprocurement, [by CC.either the department of health or Grant county or both, of tangible personal property, services or construction that are exempt from the Procurement Code pursuant to Section 9-7-6.5 NMSA 1978;

contractsCC. for investment advisory services, .213621.2 - 24 - 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;

contracts for investment advisory services, 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;

the purchase for resale by the state fair h commission of feed and other items necessary for the upkeep of u » r livestock;

t h g e l i EE.

contracts entered into by the crime victims h r i s reparation commission to distribute federal grants to assist h , e h victims of crime, including grants from the federal Victims of t u g e b l e e , gh Crime Act of 1984 and the federal Violence Against Women Act of n d d i = = o h 1994;

l ] b ,d i a º r FF.

procurement by or through the children, youth e r = t e w d m a n o and families department of pre-kindergarten services purchased pursuantd tom the: Pre-Kindergarten Act;

b r e t º o t n = .213621.2 s k m e - 27 - e a n e d r e l u [ A d pursuant to the Pre-Kindergarten Act;

procurement of services of commissioned e e 17 advertising sales representatives for New Mexico magazine;

e[and e n d 18 [and] = = l ] 19 HH.

agreements and contracts entered into pursuant a l r i 20 to the Public-Private Partnership Act;

and t e a t [HH.] II.

procurements exempt from the Procurement m m 21 e d r e 22 Code as otherwise provided by law." c e r c 23 SECTION Sflº 17.

15.»Sfl EFFECTIVE DATE.--The effective date of the e a n b 24 provisions of this act is July 1, 2019.

u- [28 - 25h -u .213621.2» 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 = .213621.2 s k m e e a n e d r e l u [ A d