NMSPE

New Mexico Society of
Professional Engineers

A state society of the National Society of Professional Engineers

Legislation

This section provides information about Legislation we have in active circulation and are planning for the future. There are a number of topics under discussion by the Board of Directors, and we will periodically circulate surveys to poll members so that the Board can make decisions that accurately represent the Society.

The information on the Legislature is not complete yet. We haven't found out what the Governor is doing with the bills that were passed. The Legislature passed the two that were most important to us, HB99, the Amendments to the Practice Act, and HB306 which extends the life of the Board of Licensure for 5 more years, but the Legislative website is not reporting the Governor's action on either of them. I would hate to say all is well and find a late veto waiting later.

The Legislative Committee, Hank Rosoff, Scott Verhines, Jennifer Martinek, Tim Archibeque, Raymond Hensley, Bob Crossno, David Stoliker and Theresa Brooks drafted a statement of legislative priorities (attached) which was approved by the Board of NMSPE. The committee tracked issues that were considered germane to NMSPE and created a bill watcher for members to access for status of those bills. Approximately 50 bills were tracked. The bill watcher is still available for review on the legislature's website by logging in as NMSPE2005@yahoo.com and using the password engineer. The bills selected included those that seemed to have an effect on the practice of engineering in general or topics that were included in the legislative priorities of NMSPE.

Several members of NMSPE travelled to Santa Fe and attended committee hearings in support or opposition to the proposed legislation. The combined emphasis of NMSPE and the New Mexico Professional Surveyors (NMPS) was a clear factor in moving the proposed Practice Act legislation smoothly through the legislative process. ACEC provided great assistance and support in tracing and studying legislation as well as a presence in several of the hearings where the presence of engineers was essential.

One key item, which was high on everyone's radar was the issue of mandatory E&O insurance for individuals. While this issue was more germane to the Surveying community, NMSPE assisted NMPS in providing educational documents to explain why mandatory E&O was not the best answer to the problem preceived by several legislators. We were successful in having the bill amended to include a requirement for disclosure of E&O coverage, rather than a mandate for each surveyor to be individually covered. This was an excellent solution and was included in the bill now on the Governor's desk for action.

Two other bills of immense interest were the Performance Contracting Act, which when introduced was quite odious, but with ACEC leading the way, the bill was amended and now is not seen as damaging to the profession or the business of engineering. Other bills were introduced to amend current design-build statutes, but those bills which were being supported, unfortunately died in committee when the session ended.

2005 Legislative Priorities

NMSPE

The New Mexico Society of Professional Engineers is a professional society in New Mexico which represents all branches of engineering –an organization established to devoting efforts to the professional, ethical, economic, social and political aspects of engineering. NMSPE was founded in 1947 and has 5 local chapters and 500 members.

Our state and nation face many serious economic, social and technical problems. Many of these problems require engineering expertise, and many have an impact on the engineering profession. The following sections detail the position of the New Mexico Society of Professional Engineers on the issues of concern to engineers and the engineering practice.

WATER

Water and water-related matters are among the highest priority problems affecting the future well being of New Mexico citizens. In order to meet the water needs of New Mexico’s growing population and economy, NMSPE supports water policies that will:

1. Assure adequate funding and budget flexibility to enable the OSE, NMED, and ISC to fully perform their proper functions. Fund a minimum 5 percent salary raise for OSE and ISC staff to close the gap between wages for state and private employees and thereby retain knowledgeable employees at these agencies.

2. Plan for and fund adequate water and wastewater infrastructure to meet the state's future water needs including a State Water Plan and the adjudication process. Funds for rural projects should be planned and solicited.

3. Preserve the participation of the OSE/ISC and/or staff in hearings regarding contested permit applications.

4. Require that all water-related functions are addressed, implemented and operated via the appropriate department of the OSE, ISC, or NMED

5. Promote education, public awareness, research and conservation in all uses of water. Continue to fund groundwater, stream and lake water data gathering and cataloging.

6. Assure that statutory priorities of water usage, consideration of economic value of water and a balance among economical, social and environmental impacts of policies, decisions and actions pertaining to water resources are implemented by legislation and funding allocation.

7. Explore the exemption from forfeiture and abandonment of water rights for nonuse granted to the Conservancy districts be eliminated so water may be put to beneficial use in New Mexico.

NMSPE SUPPORTS THE OFFICE OF THE STATE ENGINEER

NMSPE fully supports State Statute 72-2-1 that assures the State Engineer is Licensed Professional Engineer. It is imperative that New Mexico water programs be adequately financed and efficiently managed in order to provide an adequate quantity of suitable quality water to meet the needs of the people, the environment, and the business and industry of New Mexico.

CAPITAL IMPROVEMENTS FUNDING

NMSPE believes that capital improvement projects should be systematically prioritized by need, on a statewide basis and funds allocated each year by priority, replacing the present system of allocating the funds to each legislator to spend in that legislative district. As such, NMSPE will voluntarily provide expertise to assist in ranking these significant project in a system established by the Legislature.

Qualifications-Based Selection

Selection of engineering firms or individuals to perform engineering services should be based on qualifications. The Professional Services Procurement Act provides for the health and safety of the public, and we oppose legislation or other administrative actions that do not support this Act. NMSPE supports the implementation of a uniform code for QBS as each department has their own version.

Negotiation of fair and reasonable fees as compensation for the provision of design services is provided in the New Mexico Professional Services Procurement Act. This addresses Qualification based employment and NMSPE supports pay grade advancement for individuals employed by the government who have continued to maintain professional licenses.

PERFORMANCE CONTRACTING

NMSPE will not support Performance Contracting as presented in previous sessions.

Design-Build

NMSPE has been a longtime proponent of qualifications-based selection for project delivery through the Professional Services Procurement Act. While design-build may enhance the speed of design and completion of a project, and foster harmony among members of the design-build team for the project, it also will make it more difficult for the owner to measure the quality and value received. When the design team no longer works directly for the owner but with or for the contractor, the fiduciary relationship is changed, thus increasing the risk to the owner and the public. Design Build may also increase costs of later projects by increasing overhead for all of those firms who compete in the design build process.

We feel that design-build may not be an appropriate delivery system for public entities, where the expenditure of tax dollars is under consideration.. We encourage further experimentation with design build and establishment of a reasonable stipend system to help defray the costs of those professionals investing time and effort in the competition. We also believe that our natural position of representing engineers both in government and in private practice, on both sides of this question puts NMSPE in the unique position of being able to aid in the crafting of adequate regulation for design-build to benefit both the public and the private sectors involved.

PRACTICE ACT

NMSPE supports the reauthorization of the Board of Licensure for Professional Engineers and Surveyors and the language proposed to extend the Practice Act.

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Engineering Education

Our engineering colleges have produced many leaders in New Mexico and across the United States, filling the ranks of professional engineers with able, talented individuals. New Mexico’s engineering colleges must be able to continue to provide a high-quality education to an increasing number of today's students, including minorities and the traditionally under-represented, who will be called upon to be tomorrow's leaders. These colleges must be able to carry out research that benefits the economic development of New Mexico, both in the short and long term, in close cooperation with industry and government. NMSPE supports capital outlay proposed for College of Engineering buildings and expansions and in particular, funding this year of the proposed UNM Centennial Engineering building and House Capital Outlay request HC00169.