House clears public-private infrastructure development proposal


Feb. 12—The estimated time to get a road built in New Mexico is, roughly, “forever.”

That’s straight from the mouths of several legislators who sang out in response to Rep. Patricia “Patty” Lundstrom, D-Gallup, during a Monday afternoon debate about a proposal to let private industry have more free rein in certain infrastructure projects in New Mexico.

House Bill 190, which Lundstrom co-sponsored and which ultimately passed the full House of Representatives on a 56-9 vote, aims to speed up that eternal timeline by making changes to New Mexico’s procurement process. The bill would allow public-private partnerships to operate and profit from certain projects — like road construction, electric vehicle charging facilities and broadband.

Under the proposal, governments could enter partnerships with companies to finance and build projects themselves, which Lundstrom said could help get much-needed improvements accomplished faster, especially in rural areas.

“Even along I-40 and the state roads like Old 66 … I think if we had private sector activity for buildout it would be much quicker than relying on state or federal government,” Lundstrom said.

Versions of the measure — which this year is also being co-sponsored by Rep. Joy Garratt, D-Albuquerque; Rep. Cathrynn N. Brown, R-Carlsbad, and Sen. Michael Padilla, D-Albuquerque — have failed in the past, including last year, when it foundered in the Senate Judiciary Committee.

The state Board of Finance, under the Department of Finance and Administration, would oversee the details of the changes, according to a fiscal analysis of the bill.

Rep. Matthew McQueen, D-Galisteo, proposed two good government amendments to the bill, citing concerns about political contributions and potential for “pay to play” and about the state’s anti-donation clause.

His campaign contribution amendment, which passed, would prevent any official who has gotten campaign donations from a developer from participating in a public-private partnership with that entity while the agreement is in effect.

McQueen also asked that the bill be changed to ban “unsolicited” proposals from developers, which he said could result in a situation where companies propose projects to government entities, potentially securing for themselves an “inside track” to nab the contract. That amendment failed, with Lundstrom noting that giving private industry the opportunity to propose projects is part of how infrastructure can be fast-tracked.

“I do feel that we are handicapping this bill if we can’t take unsolicited proposals,” she said.

The measure heads next to the Senate.

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