337 sections in this chapter.
NMSA 1978, § 5-17-30 Revenue bonds; fees and charges
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A. At any time after the organization of the infrastructure development zone, the board may hold a hearing on the question of authorizing the board to issue one or more series of revenue bonds of the infrastructure development zone to provide money for any public infrastructure p…
NMSA 1978, § 5-17-31 Term of bonds
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For any bonds issued in connection with Section 28, 29 or 30 [5-17-28, 5-17-29, 5- 17-30 NMSA 1978] of the Infrastructure Development Zone Act, the board shall prescribe the denominations of the bonds, the principal amount of each issue and the form of the bonds and shall establi…
NMSA 1978, § 5-17-32 Petition for tax reduction; annual financial estimate;
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budget; certification to local government division. A. Upon presentation to the board of a petition signed by the owners of a majority of the property in the infrastructure development zone, the board shall adopt a resolution to reduce or eliminate the portion of a tax or special…
NMSA 1978, § 5-17-33 Bonds not obligation of state
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Except as otherwise provided in the Infrastructure Development Zone Act, all bonds or other obligations issued pursuant to that act are payable solely from the revenues of the infrastructure development zone that may be pledged to the payment of such obligations, and the bonds or…
NMSA 1978, § 5-17-34 Exemption from Community Service District Act and
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Special District Procedures Act. Infrastructure development zones and the provisions of the Infrastructure Development Zone Act are exempt from the provisions of the Community Service District Act [Chapter 4, Article 54 NMSA 1978] and the Special District Procedures Act [Chapter …
NMSA 1978, § 5-17-35 Cumulative authority
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The Infrastructure Development Zone Act shall be deemed to provide an additional and alternative method for the doing of things authorized by that act, and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogatio…
NMSA 1978, § 5-17-36 Liberal interpretation
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The Infrastructure Development Zone Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of that act. History: Laws 2009, ch. 136, § 36.
NMSA 1978, § 5-17-4 Public hearing required
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A. After receiving a petition and a service plan, the governing body shall set a date within ninety days for a public hearing on the petition and service plan of the proposed infrastructure development zone. The governing body, at the petitioners' expense, shall provide written n…
NMSA 1978, § 5-17-5 Objecting petition; plan to be disapproved
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No service plan shall be approved if a petition objects to the service plan and is signed by the owners of taxable real and personal property, consisting of more than fifty percent of the total assessed value of all taxable real and personal property to be included in the propose…
NMSA 1978, § 5-17-6 Request for exclusion
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A. The governing body may exclude territory from a proposed infrastructure development zone prior to approval of the service plan. Any person owning property in the proposed infrastructure development zone who requests that the person's property be excluded from the infrastructur…
NMSA 1978, § 5-17-7 Action on petition and service plan; criteria
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A. Within sixty days of a hearing held pursuant to Section 4 [5-17-4 NMSA 1978] of the Infrastructure Development Zone Act, the governing body shall disapprove the service plan, approve the service plan as submitted or conditionally approve the service plan subject to the submiss…
NMSA 1978, § 5-17-8 Approval of service plan; petition granted; election
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scheduled. A. If the service plan is approved as submitted, the governing body shall issue a resolution of approval to the petitioners. If the service plan is disapproved, the specific detailed reasons for the disapproval shall be set forth in writing. If the service plan is cond…
NMSA 1978, § 5-17-9 Designation of approving authority
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A. The approving authority shall be: (1) for an infrastructure development zone located entirely within one county and outside a municipality, the governing body of that county; (2) for an infrastructure development zone located entirely within a municipality, the governing body …
NMSA 1978, § 5-18-1 Short title
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This act [5-18-1 to 5-18-13 NMSA 1978] may be cited as the "Renewable Energy Financing District Act". History: Laws 2009, ch. 180, § 1.
NMSA 1978, § 5-18-10 Notice and conduct of election for district board
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A. An election pursuant to the Renewable Energy Financing District Act for the purpose of election of directors of a district board shall be called by mailing notices to the owners of property included in the district not less than twenty days before the election. The property ta…
NMSA 1978, § 5-18-11 Powers and duties of a district
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A. The district board shall: (1) establish guidelines and standards for renewable energy improvements to be made to property included in the district; (2) establish guidelines and procedures for a property owner to enter into an agreement with the district board to include proper…
NMSA 1978, § 5-18-12 Change in district
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A. At any time after adoption of a resolution creating a district, property may be added to the district at the request of the owner of the property, upon adoption of a resolution of the district board. B. Property may be deleted from the district only upon request of the propert…
NMSA 1978, § 5-18-13 Dissolution of district
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The district may be dissolved by the district board by a resolution of the district board upon a determination that the district has no outstanding bond obligations. The district shall not be dissolved if any bonds of the district remain outstanding unless an amount of money suff…
NMSA 1978, § 5-18-2 Legislative findings
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The legislature finds that: A. the development of renewable energy sources will advance the security, economic well-being and public and environmental health of the state, as well as contributing to the energy independence of the nation and addressing the issue of global climate …
NMSA 1978, § 5-18-3 Definitions
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As used in the Renewable Energy Financing District Act: A. "county" means any county, including an H class county; B. "debt service" means the principal of, interest on and premium, if any, on the bonds, when due, whether at maturity or prior redemption and fees and costs of agen…
NMSA 1978, § 5-18-4 Renewable energy financing districts authorized
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A. A governing body of a municipality or county may form a district for the purpose of encouraging, accommodating and financing renewable energy improvements on property within the municipality or county. A district shall include only property for which an owner executes an agree…
NMSA 1978, § 5-18-5 Resolution declaring intention to form district
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A. A governing body may adopt a resolution declaring its intention to form a district. The resolution shall state the following: (1) the purposes for which the district is to be formed; (2) that the district shall include only property for which the owner has agreed to the inclus…
NMSA 1978, § 5-18-6 Hearing; formation of a district
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A. At the hearing on formation of a district, the governing body shall accept and pass on written and oral testimony and evidence presented in support of or in opposition to the formation of the district. After hearing the written and oral testimony, the governing body shall dete…
NMSA 1978, § 5-18-7 Special assessment; lien created
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A. The district board may impose a special assessment on property within the district to facilitate the financing of renewable energy improvements to the property. The special assessment shall be sufficient in the case of each property to pay the costs of the financing of the ren…
NMSA 1978, § 5-18-8 Special assessment bonds
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A. A district may issue one or more series of bonds to provide money for renewable energy improvements to property in the district, and the bonds may be payable from the special assessments levied pursuant to one or more assessment resolutions. B. For any bonds issued pursuant to…
NMSA 1978, § 5-18-9 Appointment of directors; qualifications; terms; resumption
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of governance by governing body. A. The governing body, at its option, may authorize the appointment of a separate district board. In the case of an appointed district board, the directors shall serve an initial term of six years. If a vacancy occurs on the district board because…
NMSA 1978, § 5-19-1 Validity of current franchise and right-of-way agreements
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Municipal and county franchise and other agreements with public utilities, as "public utility" is defined by Subsection G of Section 62-3-3 NMSA 1978, providing access to public rights of way that are in effect as of January 1, 2010, are valid and enforceable agreements, includin…
NMSA 1978, § 5-20-1 Short title
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Sections 1 through 10 [5-20-1 to 5-20-10 NMSA 1978] of this 2019 act may be cited as the "Regional Air Center Special Economic District Act". History: Laws 2019, ch. 13, § 1.
NMSA 1978, § 5-20-10 Dissolution
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The municipality and county that formed the district and any counties, municipalities, Indian nations, tribes or pueblos that have become part of the district may, by unanimous vote, agree to unwind and dissolve the district and dismiss the authority members if they find the dist…
NMSA 1978, § 5-20-2 Definitions
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As used in the Regional Air Center Special Economic District Act: A. "authority" means the governing body of a district; and B. "district" means an industrial air center special economic district governed by an authority. History: Laws 2019, ch. 13, § 2.
NMSA 1978, § 5-20-3 Creation of a district
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A municipality and the county in which the municipality is located may agree to form a district: A. the initial boundaries of which lie within the jurisdiction of the municipality, the county or both; B. that includes an industrial air center composed of infrastructure associated…
NMSA 1978, § 5-20-4 Creation of an authority; members; terms; qualifications
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A. A municipality and county that form a district shall create an authority to govern the district that consists of an odd number of members, but not fewer than five or more than nine in number. B. The terms of the members shall be reasonably staggered. Of the members initially a…
NMSA 1978, § 5-20-5 Authority; powers; duties
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A. An authority is a political subdivision of the state that may, in accordance with law and to effectuate the purposes of the district it governs: (1) have perpetual existence; (2) sue and be sued; (3) adopt bylaws, policies and procedures; (4) employ a director, who may employ …
NMSA 1978, § 5-20-6 Revenue bonds; exemption from taxation
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A. To effectuate the purposes of the district it governs, an authority may issue revenue bonds to: (1) encourage the location of commercial, research or industrial or other enterprises to a district; or (2) acquire, purchase, lease, construct or improve commercial, research or in…
NMSA 1978, § 5-20-7 Bonding authority
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A. A district may issue revenue bonds, the pledged revenue for which shall be fees, charges, lease payments, installment sale payments or other revenue sources by a project for any one or more of the purposes authorized by the Regional Air Center Special Economic District Act. B.…
NMSA 1978, § 5-20-8 Refunding bonds
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A. A district that has issued bonds in accordance with the Regional Air Center Special Economic District Act may issue refunding bonds for the purpose of refinancing, paying and discharging all or any part of outstanding bonds for the: (1) acceleration, deceleration or other modi…
NMSA 1978, § 5-20-9 Bonds not obligation of the state
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Except as otherwise provided in the Regional Air Center Special Economic District Act, all bonds or other obligations issued pursuant to that act are payable solely from the revenues of the district that may be pledged to the payment of such obligations, and the bonds or other ob…