Albuquerque Journal

State out $16M in Schott closure

Albuquerqu­e, county have ‘clawbacks’ to recover money, but state funding is ‘lost’

- By Kevin Robinson-avila Journal Staff Writer

Albuquerqu­e and Bernalillo County have “clawbacks” to recover money, but taxpayers are on hook for state grants.

New Mexico taxpayers will lose $15.94 million in state grants made in 2008 and 2009 to Schott Solar PV Inc., which shut down its Albuquerqu­e operations on Friday.

The funds were approved by the Legislatur­e and awarded to the company through the Economic Developmen­t Department under then-Gov. Bill Richardson, but the contracts authorizin­g the grants have no “clawback” provisions attached to them, said Economic Developmen­t Secretary Jon Barela.

“Incredibly, the (money) that the state earmarked for Schott will be lost,” Barela said. “The taxpayers will have to eat the bill.”

Barela said the Richardson administra­tion bears responsibi­lity.

“It’s incredible to me how the previous administra­tion could put a deal like this together and not put a clawback in the contract,” Barela said. “They weren’t being good stewards of taxpayer money.”

Fred Mondragon, economic developmen­t secretary when the grants were made, told the Journal there was a “security agreement” in the contracts that required Schott to keep a specified number of workers employed for a certain amount of time, but he could not recall the details.

“That, in effect, is the clawback,” he said. “... I don’t know if they met the milestones.”

But the clauses regarding the “security agreements” cited by Mondragon do not contain specificat­ions about

labor numbers or length of employment.

Wade Jackson, general counsel at the Economic Developmen­t Department, sent the contracts to the Journal for review.

“There is nothing in these contractua­l relationsh­ips that would allow the state to receive any of the money appropriat­ed,” Jackson said.

In contrast, separate contracts between Schott and the city of Albuquerqu­e and Bernalillo County do contain milestones on employment levels and time frames for hiring workers.

The city provided $1 million in assistance to Schott, including $818,000 for road improvemen­ts around the Schott facility at the Mesa del Sol master-planned community in south-central Albuquerqu­e. It also spent $182,000 to reduce building and permitting fees.

The city can’t recover the fee-reduction assistance, but it can collect 25 percent of the value of road improvemen­ts, or about $200,000, said Deirdre Firth, a division manager in the city’s Economic Developmen­t Department.

Albuquerqu­e also will recover 60 percent to 80 percent of tax abatements provided to Schott through industrial revenue bonds. The city is still crunching numbers to determine the total value.

“We expect that clawback amount will be in excess of $1 million,” Firth said.

The county provided $500,000 to help Schott construct and equip its buildings. That money also is protected by clawbacks, said Bernalillo County Economic Developmen­t Director Mayling Armijo.

The state’s assistance to Schott was provided under New Mexico’s Local Economic Developmen­t Act — a constituti­onal amendment approved by voters in the 1990s to allow government to provide direct assistance to private projects for economic developmen­t.

The Legislatur­e approved four appropriat­ions for Schott totaling $15.94 million, but it’s up to the state agency managing the grant contracts to include clawback provisions, said Charles Sallee, deputy director for the Legislativ­e Finance Committee.

In this case that agency was the Economic Developmen­t Department.

“The law doesn’t specifical­ly require a clawback, but overall it’s generally considered best practice,” Sallee said.

Economic Developmen­t spokeswoma­n Angela Heisel said that under Gov. Susana Martinez, the department is including clawbacks in all new Local Economic Developmen­t Act grants.

Schott shut down its 200,000-square-foot factory on Friday because of intense competitio­n in solar panel markets from cheap Asian imports and low demand in Europe, laying off 250 employees. The company, which opened the facility in 2009, made solar photovolta­ic panels and other solar components at the factory.

In 2008, the Richardson administra­tion had pitched $130 million in potential incentives to lure the company to New Mexico.

Those incentives never materializ­ed because they were based on the company’s original plan to build the plant out to 800,000 square meters and 1,500 workers, Schott said in a statement Friday.

The federal government also awarded Schott $33 million in stimulus tax credits in 2010, but the company never received them because it didn’t make the required investment­s, said Schott spokesman Matthew Kraft.

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