Chapter 6 — Chapter 6

History: Laws 2003, ch. 325, § 3; repealed by Laws 2006, ch. 65, § 4.

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. ARTICLE 21B General Serv…

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.

ANNOTATIONS Repeals. — Laws 2003, ch. 371, § 13 repealed 6-21C-2 NMSA 1978, as enacted by Laws 2001, ch. 199, § 2, relating to findings and purpose, effective June 20, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.

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…

A. The New Mexico finance authority, except as otherwise specifically provided in the State Building Bonding Act, shall determine at its discretion the terms, covenants and conditions of building bonds, including, but not limited to, date of issue, denominations, maturities, rate…

A. Building bonds shall be sold by the New Mexico finance authority at such times and in such manner as the authority may elect, consistent with the need of the facilities management division of the general services department, either at private sale for a negotiated price or to …

bonds; bonds are legal investments. A. The State Building Bonding Act shall, without reference to any other act of the legislature, be full authority for the issuance and sale of building bonds, which bonds shall have all the qualities of investment securities under the Uniform C…

Chapter 6, Article 21D NMSA 1978 may be cited as the "Energy Efficiency and Renewable Energy Bonding Act". History: Laws 2005, ch. 176, § 1; 2007, ch. 171, § 1.

No later than December 1 of each year, the department shall report to the legislature and to the governor on its activities during the previous fiscal year in administering the provisions of the Energy Efficiency and Renewable Energy Bonding Act. The report shall include: A. deta…

As used in the Energy Efficiency and Renewable Energy Bonding Act: A. "authority" means the New Mexico finance authority; B. "bonds" means energy efficiency bonds; C. "department" means the energy, minerals and natural resources department; D. "energy efficiency measure" means a …

A. Upon the request of a state agency or a school district, the department may perform an energy efficiency assessment of a state or school district building to identify the energy efficiency measures that can be installed and operated at a total price that is less than the energ…

measures. Pursuant to an energy efficiency assessment performed under Section 6-21D-3 NMSA 1978 and with the approval of the department, a state agency or school district may install or enter into contracts for the installation of energy efficiency measures on the building identi…

pledge of money in the fund. A. The "energy efficiency and renewable energy bonding fund" is created as a special fund within the authority. The fund shall be administered by the authority as a special account. The fund shall consist of gross receipts tax revenues distributed to …

and renewable energy bonding fund. A. Upon the installation of energy efficiency measures in a state building or school district building, the department shall calculate the estimated energy cost savings, in the form of lower utility payments by the school district or the state, …

The "energy efficiency assessment revolving fund" is created in the state treasury. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund and reimbursements of costs incurred by the department in performing energy efficiency assessments …

procedure. A. The authority is authorized to issue and sell from time to time revenue bonds, known as "energy efficiency bonds", in an amount outstanding at any one time not to exceed twenty million dollars ($20,000,000), payable solely from the fund, in compliance with the Energ…

full authority for issuance of bonds; bonds are legal investments. A. The Energy Efficiency and Renewable Energy Bonding Act and the New Mexico Finance Authority Act [Chapter 6, Article 21 NMSA 1978] shall, without reference to any other act of the legislature, be full authority …

All energy efficiency bonds shall be exempt from taxation by the state or any of its political subdivisions. History: Laws 2005, ch. 176, § 9.

A. As used in this section: (1) "board" means the state board of finance; (2) "federal act" means Section 54D of the federal Internal Revenue Code and includes federal rules and guidelines adopted to carry out the provisions of that section; (3) "large local government" means: (a…

Sections 1 through 3 [6-22-1 to 6-22-3 NMSA 1978] of this act may be cited as the "State Aid Intercept Act". History: Laws 1992, ch. 105, § 1.

As used in the State Aid Intercept Act: A. "default" means the actual nonpayment of principal or interest on a local revenue bond when payment is scheduled by the indenture relating the local revenue bond; B. "local government" means a municipality or county; C. "local revenue bo…

make debt service payments; notice. A. A local government may receive a state distributions intercept authorization for any local revenue bond as provided in this section. If a local government provides notice prior to default on any interest or principal payment of a local reven…

Chapter 6, Article 23 NMSA 1978 may be cited as the "Public Facility Energy Efficiency and Water Conservation Act". History: Laws 1993, ch. 231, § 1; 1997, ch. 42, § 1; 2001, ch. 247, § 1.

authorized. Resulting utility cost savings and conservation-related cost savings, income from lands granted for the use of certain institutions and public buildings and deposited in income funds for such institutions and buildings pursuant to Section 19-1-17 NMSA 1978 or special …

As used in the Public Facility Energy Efficiency and Water Conservation Act: A. "conservation-related cost savings" means cost savings, other than utility cost savings, in the operating budget of a governmental unit that are a direct result of energy or water conservation measure…

water savings guarantee required. A. A governmental unit may enter into a guaranteed utility savings contract with a qualified provider to reduce energy, water or conservation-related operating costs if, after review of the utility efficiency proposal from the qualified provider,…

required. A governmental unit shall not enter into a guaranteed utility savings contract unless a performance guarantee that meets the requirements of this section is delivered by the qualified provider to the governmental unit and that guarantee becomes binding on the parties up…