April 7, 2026
President Claudia Sheinbaum submitted to the Mexican Chamber of Deputies a bill to enact the Law for the Promotion of Investment in Strategic Infrastructure for Development with Well-Being (Ley para el Fomento de la Inversión en Infraestructura Estratégica para el Desarrollo con Bienestar, the “Law”) and to amend the Federal Budget and Fiscal Responsibility Law (Federal Budget and Fiscal Responsibility Law, the “Bill”). Having been approved by the Chamber of Deputies and the Senate, the Bill seeks to establish a new framework for long-term investment in strategic infrastructure through coordinated participation by the public, private and social sectors.
Below are the key points of the Bill:
I. Purpose
- Establishes framework to promote long-term investment in strategic infrastructure through coordinated public-private-social participation.
- Seeks to accelerate priority infrastructure projects while preserving fiscal discipline and State oversight.
- Creates the Strategic Planning Council for Infrastructure Investment (Consejo de Planeación Estratégica para la Inversión en Infraestructura, the “SPCII”) to define priorities and evaluate project viability.
II. Mixed Participation Schemes
- Introduces mixed investment structures where public, private and social sectors jointly finance and develop projects.
- Participants may share risks, costs, investments and returns under flexible structuring arrangements.
- State participation may be majority, minority or pari passu, including in-kind contributions such as concessions or rights.
III. Long-Term Strategic Investment Contracts
- Establishes long-term contracts covering financing, construction, operation and maintenance of projects.
- Contracts may include performance-based payments and risk allocation mechanisms.
- Contract terms may range from four to forty years, including extensions.
IV. Special Purpose Vehicles (“SPVs")
- Introduces project-specific vehicles to channel investment and structure financing.
- SPVs may be structured as trusts, corporate entities or other legally permitted vehicles.
- May issue debt or capital market instruments and include public and private investors.
V. Additional Considerations
- Projects must undergo technical, financial, environmental and social evaluation prior to approval.
- Competitive tendering is established as the general rule for project award.
- Contemplates guarantees, fiscal incentives and multi-level government participation.
VI. Next Steps
- On April 7, 2026, the Senate approved the Bill in plenary session.
- As approved by the Senate, the Bill has been sent to the Executive Branch for publication.
- The decree must be published in the Federal Official Gazette (Official Journal of the Federation) within 10 calendar days.
- The Law will enter into force on the day following its publication in the Federal Official Gazette (Official Journal of the Federation).
- The SPCII must be established within 120 days following the Law’s entry into force.
- The corresponding regulations and guidelines are expected to be issued within 180 days following the Law’s entry into force.
Our energy and infrastructure practice lawyers are at your disposal for any questions or comments regarding this matter.
Sincerely,
Juan Carlos Serra
Pamela Salas García
Iván Sánchez López
Paola Arcos Seoane