Chapter 6 — Chapter 6

By October 1, 2026, and by October 1 of each year thereafter, the secretary shall provide a report to the governor, the legislative finance committee and the appropriate interim legislative committees regarding: A. the number and location of proposed economic development sites th…

This act [6-26-1 to 6-26-8 NMSA 1978] may be cited as the "Behavioral Health Capital Funding Act". History: Laws 2004, ch. 71, § 1.

The purpose of the Behavioral Health Capital Funding Act is to provide funding for capital projects to eligible entities in order to increase behavioral health care services to sick and indigent patients. History: Laws 2004, ch. 71, § 2.

As used in the Behavioral Health Capital Funding Act: A. "authority" means the New Mexico finance authority; B. "capital project" means acquisition, repair, renovation or construction of a behavioral health facility; purchase of land; or acquisition of capital equipment; C. "depa…

A. The "behavioral health capital fund" is created as a revolving fund in the authority. The fund shall consist of appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the fund. Money in the fund shall not revert at the end of a fiscal ye…

The authority, in conjunction with the department, shall adopt rules to administer and implement the provisions of the Behavioral Health Capital Funding Act, including provisions: A. establishing procedures and forms for applying for loans; B. specifying the documentation require…

A. The department and the authority shall administer the loan programs established pursuant to the provisions of the Behavioral Health Capital Funding Act. The department and the authority shall: (1) enter into joint powers agreements with each other or other appropriate public a…

If an eligible entity that has received a loan or contract for services for a project ceases to maintain its nonprofit status or ceases to deliver behavioral health services at the site of the project for twelve consecutive months, the authority may pursue the remedies provided i…

The department and the authority shall report jointly to the governor and the legislature by December 1 of each year on the behavioral health capital funding program. History: Laws 2004, ch. 71, § 8.

Chapter 6, Article 27 NMSA 1978 may be cited as the "Affordable Housing Act". History: Laws 2004, ch. 104, § 1; 2015, ch. 69, § 1.

requirements; repayment. A. As used in this section: (1) "eligible builder" means a residential home builder that meets eligibility criteria for participation in the program; (2) "eligible buyer" means a person seeking to purchase residential property that meets eligibility crite…

The purpose of the Affordable Housing Act is to implement the provisions of Subsections E and F of Article 9, Section 14 of the constitution of New Mexico. History: Laws 2004, ch. 104, § 2; 2015, ch. 69, § 2.

As used in the Affordable Housing Act: A. "affordable housing" means residential housing primarily for persons or households of low or moderate income; B. "authority" means the New Mexico mortgage finance authority; C. "building" means a structure capable of being renovated or co…

qualifying grantees. A. To be eligible to receive lands, buildings and infrastructure pursuant to Article 9, Section 14 of the constitution of New Mexico, a nonindividual qualifying grantee shall: (1) have a functioning accounting system that is operated in accordance with genera…

and the authority; authorization for affordable housing. The state, including any agency or instrumentality of the state, or a county, a municipality or the authority may: A. donate, provide or pay all, or a portion, of the costs of land for the construction on the land of afford…

assistance grant from state. A. The specific grant of authority created in the Affordable Housing Act is the prior approval required pursuant to Article 9, Section 14 of the constitution of New Mexico to allow the state to provide affordable housing assistance. B. Funding pursuan…

municipality and review by the authority authorizing housing assistance grants. A. A county or municipality may provide housing assistance grants pursuant to Article 9, Section 14 of the constitution of New Mexico after enactment by its governing body of an ordinance authorizing …

housing projects; sale after foreclosure. A. State, county and municipal housing assistance grants awarded pursuant to the Affordable Housing Act shall be applied for and awarded to qualifying grantees pursuant to the rules promulgated by the authority subject to the requirements…

penalties; remedies. A. The attorney general shall investigate an alleged violation of the Affordable Housing Act reported by the authority. If the attorney general has reasonable belief that a person is in possession, custody or control of an original or copy of a document or re…

A. The legislature finds that many residents of this state living within Indian country are impoverished and are involuntarily living without electric service, indoor plumbing, adequate potable water, telecommunications or related infrastructure due to federal government policies…

The state recognizes the chapters of the Navajo Nation as local tribal entities having the capability and capacity to apply for and implement capital improvement projects. The state also recognizes as local tribal entities those nonprofit entities organized under the supervision …

Local tribal entities may be considered as vendors when they utilize their own resources to implement capital improvement projects. History: Laws 2006, ch. 105, § 3.

A. In the case of capital outlay projects located within Indian country and authorized to the Indian affairs department or other state agencies, the state may make payments directly to third-party contractors for services rendered or goods supplied regarding such projects. Upon a…

Money appropriated from the general fund to several chapters of the Navajo Nation located in New Mexico for the same or similar purposes may be pooled by those chapters to create a regional or centralized project upon review of the Indian affairs department and approval by the st…

The provisions of this act [6-28-1 to 6-28-8 NMSA 1978] also may be used to implement the provisions of the Tribal Infrastructure Act [6-29-1 to 6-29-9 NMSA 1978]. History: Laws 2006, ch. 105, § 6.

For the purposes of capital outlay projects located within Indian country and authorized to the Indian affairs department, pursuant to Subsection A of Section 14 of Article 9 of the constitution of New Mexico, persons who reside in Indian country who are not served by electric se…

The department of finance and administration or the Indian affairs department [9-21- 1 to 9-21-15 NMSA 1978] shall promulgate rules necessary to implement the provisions of this act [6-28-1 to 6-28-8 NMSA 1978]. History: Laws 2006, ch. 105, § 8.

This act [6-29-1 to 6-29-9 NMSA 1978] may be cited as the "Tribal Infrastructure Act". History: 1978 Comp., § 9-21-17, enacted by Laws 2005, ch. 146, § 1; recompiled as § 6-29-1 by Laws 2008, ch. 81, § 4.

A. The legislature finds that: (1) tribes lack basic infrastructure resulting in poor social, health and economic conditions of tribal communities; (2) adequate infrastructure such as water and wastewater systems, major water systems, electrical power lines, communications, roads…

As used in the Tribal Infrastructure Act: A. "board" means the tribal infrastructure board; B. "department" means the Indian affairs department; C. "financial assistance" means providing grants or loans on terms and conditions approved by the board; D. "governor" means the govern…

A. The "tribal infrastructure board" is created and is administratively attached to the department. B. The board shall consist of nine voting members and four non-voting members. C. The voting ex-officio members are: (1) the secretary of Indian affairs, or the secretary's designe…

The board shall: A. adopt rules governing terms, conditions and priorities for providing financial assistance to tribes, including developing application and evaluation procedures and forms and qualifications for applicants and for projects; B. provide financial assistance to tri…

distribution. A. The "tribal infrastructure trust fund" is created in the state treasury. The trust fund shall consist of money that is appropriated, donated or otherwise accrues to it. Money in the trust fund shall be invested by the state investment officer in the manner that l…

appropriations. A. The "tribal infrastructure project fund" is created in the state treasury and: (1) the department of finance and administration shall administer the project fund; (2) the project fund shall consist of: (a) distributions made to it from the trust fund; (b) payme…

A. Rules proposed by the board and the department of finance and administration pursuant to the Tribal Infrastructure Act shall be reviewed by the legislative interim Indian affairs committee prior to approval. B. The legislative interim Indian affairs committee shall be briefed …

A. The unexpended balances of a capital outlay appropriation made after January 1, 2007 from the general fund to the department or to the aging and long-term services department for projects located on lands of an Indian nation, tribe or pueblo shall revert to the project fund. B…

Sections 1 through 8 [6-30-1 to 6-30-8 NMSA 1978] of this act may be cited as the "Colonias Infrastructure Act". History: Laws 2010, ch. 10, § 1.

A. The legislature finds that: (1) colonias lack basic infrastructure resulting in poor social, health and economic conditions; (2) adequate infrastructure such as water and wastewater systems, solid waste disposal facilities, flood and drainage control, roads and housing infrast…

As used in the Colonias Infrastructure Act: A. "authority" means the New Mexico finance authority; B. "board" means the colonias infrastructure board; C. "colonia" means a rural community with a population of twenty-five thousand or less located within one hundred fifty miles of …

A. The "colonias infrastructure board" is created. B. The board shall consist of seven voting members as follows: (1) the secretary of finance and administration or the secretary's designee from the department of finance and administration; (2) the secretary of environment or the…

The board shall: A. promulgate such rules as are necessary to govern the acceptance, evaluation and prioritization of applications submitted by qualified entities for financial assistance; B. after applications have been processed and evaluated by the authority, prioritize the qu…

The authority shall: A. provide staff support to the board; B. administer the project fund; C. at the direction of the board, process, review and evaluate applications for financial assistance from qualified entities; and D. at the direction of the board, administer qualified pro…

distribution. A. The "colonias infrastructure trust fund" is created in the state treasury. The trust fund shall consist of money that is appropriated, donated or otherwise allocated to it. Money in the trust fund shall be invested by the state investment officer in the manner th…

appropriations. A. The "colonias infrastructure project fund" is created in the authority and shall be administered by the authority. B. The project fund shall consist of: (1) distributions from the trust fund; (2) payments of principal and interest on loans for qualified project…

Sections 1 through 6 [6-31-1 to 6-31-6 NMSA 1978] of this act may be cited as the "Economic Development Grant Act". History: Laws 2014, ch. 58, § 1.

The purpose of the Economic Development Grant Act is to provide matching state grants to local and regional economic development agencies to expand the economic development and job-creation capacities of those agencies through employment of economic development professionals. His…

As used in the Economic Development Grant Act: A. "commission" means the economic development commission; and B. "department" means the economic development department. History: Laws 2014, ch. 58, § 3.

A. The "economic development grant program" is created in the department. The commission shall oversee the program, and the department shall provide administrative assistance to the commission as needed. B. The commission shall: (1) establish and publish deadlines and guidelines …

A. A local or regional economic development agency may submit an application to the commission for an economic development grant. An applying agency shall comply with deadlines and guidelines published by the commission. A grant application shall include a statement of: (1) the a…

The "economic development grant fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations to the fund and income from investment of the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The depar…