SB 636: PUBLIC-PRIVATE PARTNERSHIPS ACT

An Act Relating To The Public Peace, Health, Safety And Welfare.

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HIGH SB 636
PUBLIC-PRIVATE PARTNERSHIPS ACT

Legislative URL:

SB 636 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

- OTHER -

Action:

[14] not prntd-SPAC [24] DNP-CS/w/o rec - ref SJC/SFC-SJC API.

Issue(s):

General Interest

Related Legislators

Bill Sponsor:

Timothy Keller

Related Documents

Downloads:

Introduced
SPAC Committee Report
SPAC Committee Substitute

Summary

This bill enacts the Public-Private Partnerships Act that allows the State (specifically, the General Services Department) and certain local governments to enter into long-term partnerships with private sector partners to facilitate public projects. The Attorney General and State Board of Finance must approve any proposed public-private partnership for it to become effective. The bill sets forth extensive detail regarding the partnerships. It also exempts public-private partnerships from the State’s Procurement Code. The legislation defines a public-private partnership as an agreement among at least one public partner and at least one private partner “for the development, financing, maintenance or operation of a public project.” “Public projects” include, in part, utility and telecommunications infrastructure; dams and reservoirs; sewerage or water treatment facilities; power generating plants, pump stations, natural gas compressing stations or similar facilities; sewer, water, gas or other pipelines; transmission lines; improvements necessary or desirable to any unimproved state- or locally owned real estate; or, recycling facilities or solid waste management facilities that produce electric energy derived from solid waste. Other salient features of the bill include: • The public partner is authorized to issue revenue bonds and refunding revenue bonds. • The public partner may borrow money to purchase, lease, acquire or develop certain things to support the public project with prior approval of the State Board of Finance. The items include water rights, a water system, a wastewater collection and treatment system, a natural gas distribution system, an electrical distribution system or other infrastructure needed. • The project will revert to the public partner and will be dedicated for public use if the partnership terminate. The bill may raise concerns about the extent of a private partner’s control of a project and what that control might mean. There are several bills before the Legislature addressing public-private partnerships. They each differ in some details but common concerns may include the potential for private control and ownership of facilities that are historically owned by public entities. Date of Summary: 3/7/2013