Almost daily as a State Representative, I hear from someone about their troubles with a regulator. This to often has to do with a construction project being stopped while waiting for one of the required construction permits. Typically, this delay is caused by the Construction Industries Division which headquarters in Albuquerque, New Mexico. Delays are costly and in most contractor’s opinion, it is unnecessary and unwarranted.

Regulations are needed to protect homeowners and the public in general. Enforcement of regulations and the creation of regulations should not be problematic. Recently a Senator attempted to implement a regulatory requirement through the Legislature, as it should be done. That piece of Legislation failed to pass both Houses and died in the House of Representatives after passing the Senate. This is the process and it happens all the time. Legislation normally needs to be investigated, changes are sometimes required, and it isn’t unusual for a piece of legislation that did not pass winding up going through interim committees and is improved and sometimes comes back to the Legislature with and interim committee endorsement. That is the correct way.

But every once in a while, somebody try’s to pull a shenanigan when a bill fails to pass they try to circumvent the Legislature and implement their initiative by rule through a politically enshrined regulatory department.

You will remember the four-day school week episode. The Legislature passed a Bill that allowed four-day school week’s. Governor Grisham opposed that piece of Legislation so the Public Education Department, I suspect at the Governor’s request tried to restrict four-day school weeks by passing a Department Rule prohibiting what the Legislature allowed. But several schools backed by a number of Legislators took her to court and prevailed. The Supreme Court sided with the Legislature and said that Department action wrong and I agreed. Almost half of our school systems utilize four-day school weeks. Many of these schools are high achieving schools and there is absolutely no reason to restrict their option, especially when children are being educated. That is the reason children go to school to become educated.

Today we have another similar circumstance evolving and I suspect with the same type of outcome. This new shenanigan involves electric vehicle charging systems being required in every new home. No one should be prohibited from installing EV charging systems should they want to install one, but no one should be required to install one if they do not want one. The Construction Industry Division should ensure any system installed is installed correctly not mandate the politically driven initiative, that is not their job.

But the reason for this oped isn’t political, it is about your rights as a homeowner. No Governor nor her Department Secretary should have to right to circumvent the Legislature. The is the same for Republicans and Democrats. The Governor, the Legislature and the Supreme Court are set to be equal and that equality must be respected by each and every one of these without regard to political party.

I suspect a bunch of attorneys are going to make a lot of money arguing this just as they did the four-day school issue. It is the last resort, but it should not have to happen. I think what they should be contemplating is if that Department Secretary or Superintendent should be allowed to continue to serve the public and, were they used as a political pawn while circumventing the Legislature?

I believe the public would be better served if contractors were allowed to present plans for approval and the if those were approved that Contractor should be able to move forward unimpeded to completion. If during construction, an inspection revealed that they had not followed the approve plans then they should be subject to stiff fines and follow-up inspections until they had gained the trust of the qualified inspection. If contractors were given the latitude and required to hire qualified third-party inspection, I fully expect they would exceed their requirements to protect the value of timely execution. Time is of the essence and this would be genuinely protected resulting in higher quality products at a lower price to the consumer. Those third-party inspectors should have to report timely construction reports to the regulatory oversight and they too would have liability that what they inspected was correct.

Our Construction Industries Division needs reforming and the public safety and the public’s value would be enhanced if this would occur. Sooner is better than later.

House Rep. Jim Townsend represents New Mexico District 54 through the end of this year. Beginning in January 2025, he will take over the New Mexico Senate District 34, a position held since 2012 by Alamogordo’s Ron Griggs, who announced his retirement effective at the end of this year.