2023 Legislative Wrap-Up & Upcoming Legislative Event
The 2023 Legislative Session adjourned at Noon on Saturday. Throughout the 60-day legislative session, AGC New Mexico had a constant presence and influence in the state capitol representing the interest of the construction industry.REGISTER TODAY - Please join the American Council of Engineering Companies New Mexico (ACEC) and AGC New Mexico on March 28th for the 2023 NM Legislative Session Debrief joint meeting.
Special Guest Speakers:
- Joe Thompson and Bianca Gutierrez, Thompson Consulting, ACEC New Mexico Lobbyist
- Jason Espinoza, KW Consulting, AGC New Mexico Lobbyist
- Scott Verhines and Kevin Powers, Legislative Analysts
We are excited to announce several legislative victories that made it across the legislative finish line that will benefit the construction industry moving forward:
Senate Bill 417 (Teacher Vocational Educator Licensure Track) – WORKFORCE DEVELOPMENT
Senate Bill 417, sponsored by Senator Craig Brandt, creates a pathway for tradesmen and other professionals who are at least 23 years old and have five or more years of professional experience in a particular field to teach career technical education courses. The bill passed both chambers and is awaiting final action by the governor.
House Bill 198 (Career Tech Funds for Indian Ed Schools) – WORKFORCE DEVELOPMENT
House Bill 198, sponsored by Representative Derrick Lente, would allow the federal Bureau of Indian Education (BIE) secondary schools to apply and receive grant funding from the career technical education (CTE) pilot project. The bill passed both chambers and is awaiting final action by the governor.
House Bill 342 (Education Savings Plans) - WORKFORCE DEVELOPMENT
House Bill 342, sponsored by Senator Peter Wirth and Representative Ryan Lane, aligns New Mexico’s 529 education savings plan with the federal definition of qualified higher education expenses. This means that 529 accounts can now also be used for apprenticeship expenses. This bill passed both chambers and was signed by the Governor.
House Bill 2 (General Appropriations Act) – WORKFORCE DEVELOPMENT
House Bill 2, sponsored by Representative Nathan Small and Senator George Munoz, appropriated $40 million for career technical education innovation zones and work-based learning initiatives. The bill passed both chambers and is awaiting final action by the governor.
House Bill 505 (Capital Outlay Projects) – CONSTRUCTION
House Bill 505, sponsored by Representative Derrick Lente, appropriates $1.07 billion from the general fund and $160.5 million from other state funds to fund capital outlay projects. The bill includes approximately $350 million to projects sponsored by the House and Senate, $275 million to projects sponsored by the executive, including $100 million for infrastructure in tribal communities, and $448 million for projects included in the statewide framework for state agencies, higher education and special schools, and the judiciary. Click here to view the Capital Outlay Project list by county. The bill passed both chambers and is awaiting final action by the governor.
Below is a list of bills that would have negatively impacted the construction industry, but did not make it to the finish line.
Senate Bill 11 (Paid Family & Medical Leave Act) – EMPLOYER MANDATE
Senate Bill 11, sponsored by Senator Mimi Stewart, proposed to create a state run paid family and medical leave program that would be administered by the New Mexico Department of Workforce Solutions and funded through a .4 percent payroll tax imposed on employers, as well as a .5 percent tax on wages earned to be paid by the employee. The bill passed the Senate (23-15) but was tabled in the House Commerce and Economic Development Committee on a 6-5 vote.
House Joint Resolution 4 / Senate Joint Resolution 6 (Environmental Rights) – REGULATORY
HJR 4 / SJR 6, sponsored by Senator Antoinette Sedillo-Lopez and Representative Joanne Ferrary, proposed to amend the New Mexico Constitution to provide the people of the state with environmental rights and direct the counties and municipalities to serve as the state’s trustees of the state’s natural resources. The proposal would have caused regulatory uncertainty and stalled construction projects across the state. Neither proposal made it out of their first committee.
House Bill 242 (Private right of Action for Certain Statutes) – REGULATORY
House Bill 242, sponsored by Representative Matthew McQueen, provides for a private right of action to enforce certain statutes including the Gas Act, Air Quality Control Act, the Hazardous Waste Act, Solid Waste Act, and the Water Quality Act. The bill was tabled (6-5) in the House Energy, Environment and Natural Resources Committee.
House Bill 455 (Workers’ Compensation Changes) – REGULATORY
House Bill 455, sponsored by Representative Pamelya Herndon, increased attorney fees for workers’ compensation cases from $22,500 to $32,500, as well as allowed the disallowance of a cap for permanent total disability claims, serious injury claims, and if the fee cap was reached and additional representation was needed. The bill passed the House Labor, Veterans and Military Affairs Committee (6-5), but was never heard in the House Judiciary Committee.
Senate Bill 99 (Rent Control Prohibitions) – REGULATORY
Senate Bill 99, sponsored by Senator Linda Lopez, proposed to repeal the current prohibitions placed upon counties and municipalities regarding rent control. The proposal was tabled in the Senate Health and Public Affairs Committee.
Public Works Manual
Please find attached the Notice of Rulemaking for the Public Works Manual, sections 11.1.2.18 and 11.1.2.20 NMAC, and a copy of the corresponding proposed draft for these sections. A Public Comment Hearing will be held on April 18, 2023 from 10:00 am to 12:00 pm in the Leo Griego Auditorium located in the State Personnel Office (Willie Ortiz Building). Written comments must be received no later than 5:00pm on April 17, 2023.
Please respond to me directly if you have proposed specific comments for AGC New Mexico to share.
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