2015 BIA Legislative Priorities List

Here is a detailed view of the bills the BIA will be supporting in the 2015 session of the New Mexico State Legislature:

  1. Capital Outlay for Airport Rd., and PVD Interchange
  2. Overweight Zone Extension
  3. Modification of Load Retention Statute for Electricity Users
  4. Legislation to Manage Used Cars near Ports of Entry
  5. GRT Abatement for Trade Support Companies

1) Capital Outlay for Airport Rd., and PVD Interchange (approximately $7.5 million):

Airport Rd, the main arterial leading into the two most populated industrial parks in Santa Teresa, is close to 30 years old and in dire need of replacement. If this road is allowed to further deteriorate, we will start to see companies leave the Santa Teresa industrial base. Recruiting new companies to the region will also be hampered.

The PVD Interchange will connect the old portion of Industrial Blvd. to the southbound lane of the Pete V. Domenici Highway. This will allow for more efficient southbound traffic flow, as well as creating a badly needed evacuation route should any emergency occur in the industrial parks.

In order to achieve the $7.5 million needed, capital outlay will need to be acquired from the following sources:

  1. Governor Martinez’s portion of the statewide capital outlay
  2. Individual legislators’ capital outlay apportionments
  3. LEDA funding from Secretary Jon Barela – based on new company recruitment and new job creation.
  4. Funding from NMDOT’s local highway district headed by Trent Doolittle.

Note: Dona Ana County has appropriated more than $200,000 for design purposes for these projects.

2) Overweight zone extension:

The Santa Teresa and Columbus overweight cargo zones need to be extended. In the case of Santa Teresa, Jerry Pacheco originally designed the overweight zone in 2010, without knowing where the Union Pacific Intermodal Yard would be located. The northern boundary of the overweight zone was established where the southern end of the UP project was estimated to be. However, the intermodal yards where the freight exchange actually takes place are located approximately two miles north. Therefore, we need to extend the overweight zone as denoted on the map below.

The House Transportation Committee voted unanimously to endorse the extension of the overweight zone to encompass the Union Pacific Intermodal Yards, along with the extension of the Columbus zone.

overweight-zone-expansion
Proposed Overweight Zone expansion at the Santa Teresa Port of Entry.

 

columbus-overweight-expansion
Proposed Overweight Zone expansion at the Columbus Port of Entry.

3) Modification of Load Retention Statute for Electricity Users:

This initiative involves modifying statute 62-6-6 below:

62-6-26. Economic development rates for gas and electric utilities; authorization (1993)

Statute text:

A. The commission may approve or otherwise allow to become effective, as provided in Subsection B of this section, applications from utilities or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 or filings by cooperative utilities pursuant to Subsection F of Section 62-8-7 NMSA 1978, as appropriate for special rates or tariffs in order to prevent the loss of customers, to encourage customers to expand present facilities and operations in New Mexico and to attract new customers where necessary or appropriate to promote economic development in New Mexico. Any such special rates or tariffs shall be designed so as to recover at least the incremental cost of providing service to such customers.

B. The commission may approve or otherwise allow to become effective applications from utilities or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 and filings by cooperative utilities pursuant to Subsection F of Section 62-8-7 NMSA 1978 for economic development rates and rates designed to retain load for gas and electric utility customers. For purposes of this section and Section 62-8-6 NMSA 1978, economic development rates and rates designed to retain load are rates set at a level lower than the corresponding service rate for which a customer would otherwise qualify, but in no case lower than the incremental cost of providing service to such customers.

C. Economic development rates shall be approved or otherwise allowed to become effective for an electric utility or persons subject to regulation pursuant to Subsection B of Section 62-6-4 NMSA 1978 or filings by cooperative utilities pursuant to Subsection F of Section 62-8-7 NMSA 1978 only when the utility or the substantially full requirements supplier of the utility has excess capacity. For purposes of this section, “excess capacity” means the amount of electric generating and purchased power capacity available to the utility or such supplier that is greater than the utility’s or such supplier’s peak load plus a fixed percentage reserve margin set by the commission.

4) Legislation to manage the used cars parked on the sides of the southbound commercial lane at the STPOE:
Status: After several meetings with officials from Dona Ana County, Motor Transportation Division, CBP, and Dona Ana County Sheriff’s officials, the following course of action was decided upon: Jerry Pacheco and Chuck McMahon would contact MTD General Counsel Amy Orlando to ask for assistance in identifying the specific statute(s) that need to be legislatively modified in order to provide law enforcement officials with the authority necessary to immediately demand that parked vehicles within close proximity of the POE be removed.

Jerry has left several phone messages for Ms. Orlando, as well as an email explaining the situation. She has not responded.

5) GRT Abatement for Trade Support Companies

This former piece of legislation was designed to attract more customs brokerage and logistics firms to the Santa Teresa region. The bill, which was passed in the 2003 session, allows absolves these types of companies from collecting GRT from their clients for a period of four years. The legislation had a sunset period that was renewed in the 2007 session. The bill was reintroduced during the past two sessions and had general support, but ran out of time. (Please see attached write up).