Chapter 6, Chapter 6

Neither any member of the authority nor any person acting in its behalf, while acting within the scope of his authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority. History: Laws 1992, ch. 61, § 25.

Any action or proceeding to which the authority or the people of the state may be a party in which any question arises as to the validity of the New Mexico Finance Authority Act or project or transaction undertaken by the authority pursuant to that act shall be preferred over all…

The New Mexico Finance Authority Act shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any…

The New Mexico Finance Authority 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 1992, ch. 61, § 28.

If any part or application of the New Mexico Finance Authority Act is held invalid, the remainder or its application to other situations shall not be affected. History: Laws 1992, ch. 61, § 29.

As used in the New Mexico Finance Authority Act: A. "authority" means the New Mexico finance authority; B. "bond" means any bonds, notes, certificates of participation or other evidence of indebtedness; C. "bondholder" or "holder" means a person who is the owner of a bond, whethe…

There is created a joint interim legislative committee that shall be known as the "New Mexico finance authority oversight committee". The legislative council shall determine the membership of the committee and shall appoint the members and designate the chairman and the vice chai…

The New Mexico finance authority oversight committee shall: A. monitor and oversee the operation of the New Mexico finance authority; B. meet on a regular basis to receive and review reports from the authority on implementation of the provisions of the New Mexico Finance Authorit…

qualifications; quorum; meetings; compensation; bond. A. There is created a public body politic and corporate, separate and apart from the state, constituting a governmental instrumentality to be known as the "New Mexico finance authority" for the performance of essential public …

The authority is granted all powers necessary and appropriate to carry out and effectuate its public and corporate purposes, including the following powers: A. to sue or be sued; B. to adopt and alter an official seal; C. to make and alter bylaws for its organization and internal…

The authority may issue bonds for a county to design, construct, equip, furnish and otherwise improve a county correctional facility pursuant to the County Correctional Facility Gross Receipts Tax Act only after a majority of the qualified electors of the county has voted to allo…

of authority for public securities issuances. By September 30 of each year, the authority shall report to the New Mexico finance authority oversight committee about the authority's public securities issuances, completed in the prior twelve months, that involved a delegation of au…

A. The "public project revolving fund" is created within the authority. The fund shall be administered by the authority as a separate account, but may consist of such subaccounts as the authority deems necessary to carry out the purposes of the fund. The authority may establish p…

funds. A. At the end of each fiscal year, after all debt service charges, replenishment of reserves and administrative costs on all outstanding bonds, notes or other obligations payable from the public project revolving fund are satisfied, an aggregate amount not to exceed thirty…

appropriation. A. The authority may issue and sell revenue bonds in compliance with the New Mexico Finance Authority Act in an amount not exceeding two million five hundred thousand dollars ($2,500,000) for the behavioral health capital fund to make loans to eligible entities for…

appropriation. The "rural county cancer treatment fund" is created in the New Mexico finance authority. The fund is composed of appropriations, donations, distributions pursuant to Section 7-1-6.11 NMSA 1978 and money earned from investment of the fund and otherwise accruing to t…

distributions. A. The "local government transportation fund" is created within the authority. The fund shall be administered by the authority as a separate account, but may consist of subaccounts if the authority deems them necessary to carry out the purpose of the fund. The fund…

A. The "metropolitan court bond guarantee fund" is created in the authority. The fund is comprised of appropriations, donations, transfers pursuant to Section 3-18-17 NMSA 1978 and money earned from investment of the fund and otherwise accruing to the fund. Money in the fund is a…

agreements. A. If specifically authorized by law, the authority may issue and sell lease purchase revenue bonds in compliance with the New Mexico Finance Authority Act and enter into a lease purchase agreement pursuant to the provisions of this section. B. Lease purchase revenue …

authorized; university of New Mexico hospital and university of New Mexico health sciences center. A. The New Mexico finance authority may issue and sell revenue bonds in compliance with the New Mexico Finance Authority Act for a term not exceeding twenty years in an amount not e…

revolving fund; created; reports. A. The New Mexico finance authority may receive and review applications for charter school facility loans pursuant to this section. The authority shall adopt rules to govern the application procedures and requirements for disbursing charter schoo…

grants; contract performance and payment bonds. A. As used in this section: (1) "eligible entity" means a county, a municipality, a school district, a land grant-merced controlled and governed pursuant to Chapter 49, Article 1 NMSA 1978 or an Indian nation, tribe or pueblo locate…

administration; purposes. A. There is created in the authority the "water and wastewater project grant fund", which shall be administered by the authority. The authority shall adopt, in accordance with the New Mexico Finance Authority Act, rules necessary to administer the fund. …

purposes. A. The "local government planning fund" is created within the authority and shall be administered by the authority. The authority shall adopt rules necessary to administer the fund. B. The following shall be deposited directly into the local government planning fund: (1…

The New Mexico finance authority may issue and sell revenue bonds payable from the public project revolving fund in compliance with the New Mexico Finance Authority Act in installments or at any one time in an amount not to exceed one million dollars ($1,000,000), the net proceed…

release of money to the general fund. A. The "credit enhancement account" is created as a separate account within the authority for use only as provided in this section. B. All cigarette tax proceeds distributed each month to the authority pursuant to Subsection D of Section 7-1-…

purpose; administration. A. The "local transportation infrastructure fund" is created within the authority. For the purposes of this section, "fund" means the local transportation infrastructure fund. The fund shall be administered by the authority as a separate account, but may …

A. The authority may issue and sell local transportation project revenue bonds in compliance with the New Mexico Finance Authority Act in an amount outstanding at any one time of not more than twenty million dollars ($20,000,000) payable from the local transportation infrastructu…

The authority has the following duties: A. to develop and administer a program to assist qualified entities individually or jointly in financing public projects; B. to establish a process and procedures for review and assessment of public project needs in the state and report to …

securities. To implement a program to assist qualified entities in financing public projects, the authority has the powers specified in this section; provided that the authority shall take no action concerning a project financed with money in the public project revolving fund unl…

A qualified entity may: A. obligate itself to pay to the authority at periodic intervals a sum sufficient to pay all or part of debt service or other obligation, including fees and other charges imposed by the authority with respect to bonds issued by the authority to fund a publ…

Sections 1 through 9 [6-21A-1 to 6-21A-9 NMSA 1978] of this act may be cited as the "Drinking Water State Revolving Loan Fund Act". History: Laws 1997, ch. 144, § 1.

Nothing in the Drinking Water State Revolving Loan Fund Act limits or is intended to limit any state, county or municipal statute, ordinance or regulation regarding the environment or the protection of health and safety. History: Laws 1997, ch. 144, § 10.

The purpose of the Drinking Water State Revolving Loan Fund Act is to provide local authorities in New Mexico with low-cost financial assistance in the construction and rehabilitation of necessary drinking water facilities through the creation of a self- sustaining revolving loan…

As used in the Drinking Water State Revolving Loan Fund Act: A. "authority" means the New Mexico finance authority; B. "department" means the department of environment; C. "drinking water facility construction project" means the acquisition, design, construction, improvement, exp…

A. There is created in the authority a revolving loan fund to be known as the "drinking water state revolving loan fund", which shall be administered by the authority. The authority is authorized to establish procedures required to administer the fund in accordance with the feder…

A. The authority shall establish a program to provide financial assistance from the fund to local authorities, individually or jointly, for acquisition, construction or modification of drinking water facilities. The authority is authorized to enter into memoranda of understanding…

A. Financial assistance shall be provided only to local authorities that: (1) meet the requirements for financial capability set by the authority to assure sufficient revenues to operate and maintain the drinking water facility for its useful life and to repay the financial assis…

A. The department with the approval of the governor and as authorized in the intended use plan may transfer up to one-third of a federal wastewater facility construction loan fund capitalization grant to the drinking water state revolving loan fund; provided the Wastewater Facili…

A. The authority with the approval of the governor and as authorized in the intended use plan may transfer up to one-third of a federal drinking water state revolving loan fund capitalization grant to the wastewater facility construction loan fund. Before the authority makes the …

obligees. The state hereby pledges to and agrees with the holders of any bonds or other obligations issued under the Drinking Water State Revolving Loan Fund Act and with those parties that enter into contracts or agreements with the department or with the authority pursuant to t…

purpose; administration. A. The "general services aviation equipment project fund" is created in the state treasury. The fund shall be administered by the general services department and shall consist solely of money received by the general services department pursuant to a lease…

Chapter 6, Article 21C NMSA 1978 may be cited as the "State Building Bonding Act". History: Laws 2001, ch. 199, § 1; 2003, ch. 371, § 1.

Any holder of building bonds or any person or officer being a party in interest may sue to enforce and compel the performance of the provisions of the State Building Bonding Act. History: Laws 2001, ch. 199, § 10; 2003, ch. 371, § 9.

All building bonds shall be exempt from taxation by the state or any of its political subdivisions. History: Laws 2001, ch. 199, § 11; 2003, ch. 371, § 10.

A. The legislature finds that the expense of leasing office space for state occupancy has grown to the point that the state would be better served if more state-owned facilities were acquired. The legislature further finds that the state's overall occupancy costs could be reduced…

As used in the State Building Bonding Act: A. "acquiring" or "acquisition" includes acquiring or acquisition by purchase, construction or renovation; and B. "building bonds" means state office building tax revenue bonds. History: Laws 2001, ch. 199, § 3; 2003, ch. 371, § 2; 2004,…

appropriation of proceeds. A. The New Mexico finance authority is authorized to issue and sell revenue bonds, known as "state office building tax revenue bonds", payable solely from the state building bonding fund, in compliance with the State Building Bonding Act for the purpose…

pledged. A. The "state building bonding fund" is created as a special fund within the New Mexico finance authority. The fund shall be administered by the New Mexico finance authority as a special account. The fund shall consist of money appropriated and transferred to the fund an…

The New Mexico finance authority may issue and sell at public or private sale building bonds to refund outstanding building bonds by exchange, immediate or prospective redemption, cancellation or escrow, including the escrow of debt service funds accumulated for payment of outsta…