reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-2 - Purpose.

The purpose of the Regional Transit District Act is to:
A. serve the public by providing for the creation of regional networks of safe and efficient public transit services;
B. allow multijurisdictional public transit systems to reduce the congestion of single-occupant motor vehicle traffic by providing transportation options for residents;
C. decrease automobile accidents by reducing traffic congestion on freeways and streets;
D. reduce noise and air pollution produced by motor vehicles;
E. prolong and extend the life of New Mexico's existing roadways by easing the traffic burden;
F. provide residents with a choice of transportation alternatives so that seniors, youth, low-income and mobility-impaired residents and others unable to drive or afford motor vehicles continue to have full access to the goods, services, jobs and activities of the community;
G. improve the New Mexico economy by increasing workforce and citizen access to education and higher paying jobs; and
H. prolong and extend petroleum resources.
History:
Laws 2003, ch. 65, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-3 - Definitions.

As used in the Regional Transit District Act:
A. "board" means the board of directors of a district;
B. "bond" means a revenue bond;
C. "combination" means two or more governmental units that exercise joint authority;
D. "commission" means the state transportation commission;
E. "construct" or "construction" means the planning, designing, engineering, acquisition, installation, construction or reconstruction of a regional transit system;
F. "district" means a regional transit district that is a political subdivision of the state created pursuant to the Regional Transit District Act;
G. "governmental unit" means the state, a county or a municipality of the state or an Indian nation, tribe or pueblo located within the boundaries of the state;
H. "regional transit system" means a property, improvement or system designed to be compatible with established state and local transportation plans that transports or conveys passengers within a region by means of a high-occupancy vehicle, including an automobile, truck, bus, van or railcar; and
I. "revenues" means tolls, fees, rates, charges, assessments, grants, contributions or other income and revenues received by the district.
History:
Laws 2003, ch. 65, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-7 - Toll collection.

A. A district may promulgate rules regarding collection of fees, tolls, rates or charges. State and local law enforcement authorities may enter into traffic and toll enforcement agreements with a district.
B. A person who fails to pay a fee, toll, rate or charge required for the privilege of traveling on or using property included in a regional transit system may be assigned a fine of not more than one hundred fifty dollars ($150) or not less than fifty dollars ($50.00). The magistrate or metropolitan court where the offense took place shall have jurisdiction over actions brought pursuant to this subsection.
History:
Laws 2003, ch. 65, § 7.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-9 - Agreement of the state not to limit or alter rights of obligees.

The state pledges and agrees with the holders of bonds issued under the Regional Transit District Act and with those parties who enter into contracts with a district or a member of a combination pursuant to the Regional Transit District Act that the state will not impair the rights vested in the district or the rights or obligations of a person with which the district contracts to fulfill the terms of an agreement made pursuant to the Regional Transit District Act. The state further agrees that it will not impair the rights or remedies of the holders of the bonds of a district until the bonds have been paid or until adequate provision for payment has been made. A district may include this provision and undertaking for the state in bonds.
History:
Laws 2003, ch. 65, § 9.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-10 - Investments.

A board may invest or deposit funds in accordance with the prudent investor rule set forth in the Uniform Prudent Investor Act [45-7-601 to 45-7-612 NMSA 1978]. The board may employ investment management services to invest the funds and may pay reasonable compensation for investment management services from the assets of the applicable funds. The board shall keep accurate and complete records and accounts concerning the investment portfolio.
History:
Laws 2003, ch. 65, § 10.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-11 - Exemption from taxation.

The income or other revenues of a district, all properties at any time owned by a district, all bonds issued by a district and the income from the bonds issued by a district are exempt from taxation in the state.
History:
Laws 2003, ch. 65, § 11.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-12 - Cooperative powers.

A district may cooperate with a person to:
A. accept legitimate contributions or liens securing obligations of the district from the person with respect to the financing, construction, operation or maintenance of a regional transit system and, in connection with a loan or advance, enter into contracts establishing the repayment terms;
B. enter into contracts regarding the financing, construction, operation or maintenance of a specified regional transit system;
C. enter into joint operating contracts concerning a regional transit system;
D. acquire easements or rights of way for a regional transit system; and
E. designate a regional transit system as part of the state highway system, a county highway system or a municipal highway system if the person with jurisdiction over the applicable highway system consents to the designation.
History:
Laws 2003, ch. 65, § 12.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-13 - Powers of governmental units.

A governmental unit, for the purpose of aiding the financing, construction, operation or maintenance of a regional transit system, may:
A. sell, lease, loan, donate, grant, convey, assign, transfer and otherwise dispose to the district real or personal property or interests therein;
B. enter into agreements with a person for the joint financing, construction, operation or maintenance of a regional transit system. Upon compliance with applicable constitutional or charter limitations, the governmental unit may agree to make payments, without limitation as to amount except as set forth in the agreement, from revenues received from one or more fiscal years, to the district or a person to defray the costs of the financing, construction, operation or maintenance of a regional transit system; and
C. transfer to the district a contract that may have been awarded by the governmental unit for construction, operation or maintenance of a regional transit system.
History:
Laws 2003, ch. 65, § 13.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-14 - Notice; opportunity for comment.

A. At least forty-five days prior to a meeting at which the board shall consider or take action on a proposal to request, establish, increase or decrease a rate, toll, fee or charge, the board shall deliver written notice of the meeting and proposal to a governmental unit where the proposed rate, toll, fee or charge will be imposed. The affected governmental unit shall be afforded a reasonable opportunity for comment, either at a regular meeting of the board or at a special meeting convened to receive comment.
B. At least seven business days prior to a regularly scheduled meeting, the board shall make available to the public written or electronic notice of the time and agenda of the meeting. The board shall designate during each meeting a public comment period and shall offer the public an opportunity to comment.
History:
Laws 2003, ch. 65, § 14.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-15 - Notice; coordination of information.

A. At least forty-five days prior to the imposition of or an increase in a rate, toll, fee or charge or prior to the issuance of bonds as authorized in the Regional Transit District Act, a notice specifying the amount of the fee, toll, rate or charge and its proposed duration or the value and number of bonds to be issued shall be sent to the commission and to the taxation and revenue department.
B. The commission shall file an annual report with the state auditor concerning the activities of all active districts. The report shall detail how many districts have been created, describe their boundaries and specify the regional transit systems that are being provided and how they are being financed.
History:
Laws 2003, ch. 65, § 15.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-16 - Taxation.

A district has no direct taxation authority.
History:
Laws 2003, ch. 65, § 16.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-17 - Addition or withdrawal of territory by a district.

A. After the creation of a district, a governmental unit adjacent to but not part of that district may join the district and determine the territorial area to become a part of that district. A two-thirds affirmative vote by the board shall be required before the governmental unit may join the district.
B. A governmental unit that is a member of a district may withdraw from the district by adopting a resolution to withdraw. The governmental unit shall withdraw its representative from the board. Real property owned by the district within the boundaries of the withdrawing governmental unit shall remain the property of the district. The provisions of withdrawal shall be negotiated and agreed to by the board, the governmental unit and the commission.
History:
Laws 2003, ch. 65, § 17.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-18 - Matching funds.

The local government members of a combination shall match at least one dollar ($1.00) for every four dollars ($4.00) provided by the state. Before a district is able to receive state matching funds, it must be certified by the commission pursuant to Section 4 [73-25-4 NMSA 1978] of the Regional Transit District Act.
History:
Laws 2003, ch. 65, § 18.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 65, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 25 - Regional Transit District › Section 73-25-19 - Authorization to employ commuter rail service law enforcement officers; powers and duties of officers.

A. A district that operates a commuter rail service may employ commuter rail service law enforcement officers for the district and assign duties to the officers.
B. At all times while on duty, commuter rail service law enforcement officers shall carry commissions of office issued by the district. Commuter rail service law enforcement officers shall have the powers of peace officers on all property, tracks, rights of way, easements, vehicles, buses, vans, railcars, locomotives and facilities owned, leased, licensed, maintained or operated by the district. Within this territory, a commuter rail service law enforcement officer may enforce all applicable laws, ordinances and regulations, but no arrest for violation of any law, ordinance or regulation is valid unless, at the time of arrest, the commuter rail service law enforcement officer is wearing:
(1) a distinctive badge bearing the name of the district issued by the district; or
(2) a distinctive uniform prescribed and issued by the district.
C. A person employed by the district as a commuter rail service law enforcement officer shall fulfill the requirements for certification in Subsection A of Section 29-7-6 NMSA 1978 within one year of the date of first employment.
D. A district may contract with other law enforcement agencies to provide law enforcement services for the district.
History:
Laws 2009, ch. 57, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 57 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-1 - Short title.

This act [73-27-1 to 73-27-19 NMSA 1978] may be cited as the "Eastern New Mexico Water Utility Authority Act".
History:
Laws 2010, ch. 39, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-2 - Findings and purpose.

A. The legislature finds that:
(1) consistent with the goals of the statewide water plan, water systems should be planned for and constructed on a regional basis, in that regional water systems are able to take advantage of economies of scale;
(2) the costs of designing, purchasing, constructing, rehabilitating, renovating, improving, equipping, furnishing, operating and maintaining regional water systems have increased to a level that local financial resources are inadequate to meet all of the costs and that federal funding is crucial to complete a large scale water supply project in eastern New Mexico; and
(3) a water utility authority is necessary in eastern New Mexico to provide an organized structure to work with state, local and federal agencies to complete a water delivery system from the Ute Reservoir to local governments.
B. The purposes of the Eastern New Mexico Water Utility Authority Act are:
(1) to create a water utility authority to develop and construct a water delivery system based on a funding formula whereby up to seventy-five percent of the overall capital cost of the system is to be paid for by the federal government, fifteen percent is to be paid for by the state of New Mexico and ten percent is to be paid for by the local governments that have the power to appoint members to the board of the authority; and
(2) to create an authority that will deliver water to the local governments within the boundaries of the authority but that will not compete with local governments for rights to deliver water to ultimate end-users.
History:
Laws 2010, ch. 39, § 2.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-3 - Definitions.

As used in the Eastern New Mexico Water Utility Authority Act:
A. "authority" means the eastern New Mexico water utility authority; and
B. "board" means the board of directors of the authority.
History:
Laws 2010, ch. 39, § 3.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-4 - Eastern New Mexico water utility authority; created.

A. The "eastern New Mexico water utility authority" is created coextensive with the boundaries of Curry and Roosevelt counties and the territory physically occupied by the water facilities of the authority to plan, design, develop, purchase, acquire, own, operate, establish, construct and maintain the eastern New Mexico rural water system pipelines and wa terworks to supply water for domestic, commercial, non-irrigated agricultural and industrial purposes by any available means to persons within and without the boundaries of the authority.
B. The eastern New Mexico water utility authority is created for the benefit of the four members of the eastern New Mexico rural water authority, including the city of Clovis, the city of Portales, the city of Texico and the town of Elida.
History:
Laws 2010, ch. 39, § 4; 2020, ch. 60, § 1.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, removed Curry county, the village of Melrose and the village of Grady from the membership of the eastern New Mexico water utility authority; and in Subsection B, after "benefit of the", deleted "seven" and added "four", and after "including", deleted "Curry county", after "city of Texico", deleted "the town of Melrose" and added "and", and after "Elida", deleted "and the village of Grady".
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-5 - Board; appointment; terms.

A. The board shall consist of six members, each of whom shall reside within the boundaries of the authority, appointed as follows:
(1) three board members appointed by the Clovis city commission for a term of two years; provided, however, that two of the initial members shall be appointed for a term of one year for the purpose of having a staggered board;
(2) two board members appointed by the Portales city council for a term of two years; provided, however, that one of the initial members shall be appointed for a term of one year for the purpose of having a staggered board; and
(3) one board member appointed for a term of one year on a rotating basis and in the following order by:
(a) the Texico city council; and
(b) the Elida town council.
B. A vacancy occurring by other than expiration of a term shall be filled in the same manner as the original appointment, but only for the unexpired term.
History:
Laws 2010, ch. 39, § 5; 2020, ch. 60, § 2.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, reduced the number of members of the board of directors of the eastern New Mexico water utility authority, and revised the composition of the board; and in Subsection A, in the introductory clause, after "consist of", deleted "seven" and added "six", deleted former Paragraph A(3) and redesignated former Paragraph A(4) as Paragraph A(3), in Paragraph A(3), deleted former Subparagraph A(3)(b) and redesignated former Subparagraph A(3)(c) as Subparagraph A(3)(b), in Subparagraph A(3)(b), after "Elida", deleted "village" and added "town", and deleted former Subparagraph A(3)(d).
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-8 - Acceptance of assets and liabilities of existing water service providers; acquisition of water rights.

A. The authority may accept a transfer of assets and liabilities upon the request, and following the legal dissolution, of an entity that is listed below or formed pursuant to one of the following statutes and that provides water service, subject to any other statutory requirements for such dissolution and transfer:
(1) the Water and Sanitation District Act [Chapter 73, Article 21 NMSA 1978];
(2) a water and natural gas association formed pursuant to Sections 3-28-1 through 3-28-22 NMSA 1978;
(3) a water users' association formed pursuant to Sections 73-5-1 through 73-5-9 NMSA 1978;
(4) the Nonprofit Corporation Act [Chapter 53, Article 8 NMSA 1978];
(5) the Public Improvement District Act [Chapter 5, Article 11NMSA 1978];
(6) a corporation formed pursuant to Sections 62-2-1 through 62-2-22 NMSA 1978, the Business Corporation Act [Chapter 53, Articles 11 to 18 NMSA 1978] or the Cooperative Association Act [Chapter 53, Article 4 NMSA 1978]; or
(7) an association or mutual domestic water consumers association organized pursuant to Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52, as well as any association organized under the provisions of the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978].
B. Upon the transfer of the assets and liabilities of an entity listed in Subsection A of this section to the authority, the area within the boundaries of the authority serviced by the dissolved entity shall become part of the authority's service area.
C. When a water right is included in the assets and liabilities of an entity listed in Subsection A of this section that are transferred to the authority, or upon the acquisition of a water right by the authority, the authority shall file a change of ownership form with the state engineer and shall apply to the state engineer to combine and commingle the transferred or acquired water right with the authority's existing water rights and contract rights to water.
History:
Laws 2010, ch. 39, § 8.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-9 - Revenue bonds; authority to issue; pledge of revenues; limitation on time of issuance.

A. Revenue bonds may be issued by the authority:
(1) for acquiring real and personal property needed for an authority project, including the purchase of water rights;
(2) for constructing, extending, enlarging, bettering, repairing, equipping or otherwise improving a water project;
(3) for establishing or increasing reasonable reserve or sinking funds to secure the payment of the bonds;
(4) to pay costs of issuance of the bonds;
(5) to refund revenue bonds; or
(6) for any combination of those purposes.
B. The authority may pledge irrevocably any or all of the net revenues from the operation of its water system for payment of the interest on and principal of the revenue bonds.
C. Except for the purpose of refunding previous revenue bond issues, the authority shall not sell revenue bonds payable from pledged revenues after the expiration of two years from the date of the resolution authorizing the issuance of the bonds. However, any period of time during which a particular revenue bond issue is in litigation shall not be counted in determining the expiration date of that issue.
D. The authority shall not impair the rights of any holders of bonds or other obligations payable from the net revenues of the water system previously issued or incurred by the authority.
E. If required by the terms, covenants and provisions of revenue bonds or other obligations previously issued by the authority, all additional bonds or other obligations issued or incurred by the authority pursuant to the Eastern New Mexico Water Utility Authority Act shall contain any required terms, covenants or provisions necessary to avoid impairment of the previously issued or incurred bonds or other obligations.
History:
Laws 2010, ch. 39, § 9.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-10 - Use of proceeds of revenue bond issue.

It is unlawful to divert, use or expend any money received from the issuance of revenue bonds for any purpose other than the purpose for which the revenue bonds were issued.
History:
Laws 2010, ch. 39, § 10.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-11 - Revenue bonds; terms.

Revenue bonds:
A. may have interest, appreciated principal value or any part thereof payable at intervals or at maturity as may be determined by the authority;
B. may be subject to prior redemption at the authority's option at such time or times and upon such terms and conditions with or without the payment of such premium or premiums as may be determined by the authority;
C. may mature at any time or times not exceeding forty years after the date of issuance;
D. may be serial in form and maturity or may consist of one bond payable at one time or in installments or may be in such other form as may be determined by the authority;
E. shall be sold for cash at above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; and
F. may be sold at public or negotiated sale.
History:
Laws 2010, ch. 39, § 11.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-12 - Exemption from taxation.

The bonds authorized by the Eastern New Mexico Water Utility Authority Act and the income from the bonds shall be exempt from all taxation by the state or any political subdivision of the state.
History:
Laws 2010, ch. 39, § 12.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-13 - Resolution authorizing revenue bonds.

At a regular or special meeting called for the purpose of issuing revenue bonds, the board may, by an affirmative vote of a supermajority of five members of the board, adopt a resolution that authorizes the issuance of revenue bonds.
History:
Laws 2010, ch. 39, § 13.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-14 - Revenue bonds not general obligations; authentication.

A. Revenue bonds or refunding revenue bonds issued as authorized in the Eastern New Mexico Water Utility Authority Act are:
(1) not general obligations of the state or other political subdivision of the state; and
(2) collectible only from the pledged net revenues of the water system, and each bond shall state that it is payable solely from the pledged net revenues of the water system and that the bondholders shall not look to any other fund of the state or political subdivision of the state for the payment of the interest and principal of the bond.
B. The bonds shall be executed by the chairperson of the board and may be authenticated by the secretary of the board or any public or private transfer agent or registrar or its successor that shall be named or otherwise designated by the board. The bonds may be executed as provided under the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978].
History:
Laws 2010, ch. 39, § 14.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-15 - Revenue bonds; mandatory rates for the water system; mandamus; impairment of payment.

A. The authority shall establish rates for services rendered by the water system to provide revenue sufficient to meet the following requirements, and such rates shall remain in effect until the bond issue is liquidated. Revenue shall be sufficient to:
(1) pay all reasonable expenses of operation of the water system;
(2) pay all interest on the water system revenue bonds as it comes due;
(3) provide a sinking fund adequate to discharge the revenue bonds as they mature; and
(4) provide a capital fund for system improvements and replacements.
B. In the event the authority fails or refuses to establish rates for the water system as required in this section, any bondholder may apply to the district court or courts within which jurisdiction the system is located for a mandatory order requiring the authority to establish rates that will provide revenues adequate to meet the requirements of this section.
C. Any law that authorizes the pledge of any or all of the pledged water system net revenues to the payment of any revenue bonds issued pursuant to the Eastern New Mexico Water Utility Authority Act or that affects the pledged net revenues of the water system, or any law supplemental to or otherwise appertaining to that act, shall not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any such outstanding revenue bonds, unless the outstanding revenue bonds have been discharged in full or provision has been fully made for payment of the bonds.
History:
Laws 2010, ch. 39, § 15.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-16 - Bonds; refunding authorization.

A. At any regular or special meeting called for the purpose of issuing refunding bonds, the board by a supermajority of five members of the board may adopt a resolution authorizing the issuance of the refunding bonds.
B. The authority may issue refunding bonds for the purpose of refinancing, paying and discharging all or any part of outstanding bonds or other obligations payable from the net revenues of the water system previously issued or incurred by the authority.
C. The authority may pledge irrevocably for the payment of interest and principal on refunding bonds the pledged net revenues of the water system.
D. Bonds for refunding and bonds for any purpose permitted by the Eastern New Mexico Water Utility Authority Act may be issued separately or issued in combination in one series or more.
History:
Laws 2010, ch. 39, § 16.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-17 - Refunding bonds; terms.

Refunding bonds:
A. may have interest, appreciated principal value or any part thereof payable at intervals or at maturity as may be determined by the authority;
B. may be subject to prior redemption at the authority's option at such time or times and upon such terms and conditions with or without the payment of premium or premiums as may be determined by the authority;
C. may mature at any time or times not exceeding forty years after the date of issuance;
D. may be serial in form and maturity or may consist of a single bond payable in one or more installments or may be in such other form as may be determined by the authority; and
E. shall be exchanged for the bonds and any matured unpaid interest being refunded at not less than par or sold at public or negotiated sale at, above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978].
History:
Laws 2010, ch. 39, § 17.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
2023 New Mexico Statutes › Chapter 73 - Special Districts › Article 27 - Eastern New Mexico Water Utility Authority › Section 73-27-19 - Public regulation commission and state engineer jurisdiction.

A. The authority is not subject to the jurisdiction of the public regulation commission or the terms and provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978] except as provided in Subsection B of this section.
B. The authority may elect by resolution adopted by its board to become subject to the jurisdiction of the public regulation commission and to the terms and provisions of the Public Utility Act; provided, however, that in no event shall Sections 62-9-1 through 62-9-7 NMSA 1978 apply to the authority when making such an election.
C. The authority shall be subject to the rules and regulations of the state engineer and the applicable articles of Chapter 72 NMSA 1978.
History:
Laws 2010, ch. 39, § 19.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 39, § 21 made the Eastern New Mexico Water Utility Authority Act effective July 1, 2010.
Temporary provisions.
— Laws 2010, ch. 39, § 20 provided that all functions, appropriations, money, records, contracts, equipment and other real and personal property pertaining to the eastern New Mexico rural water authority shall be transferred to the eastern New Mexico water utility authority. Debts of the eastern New Mexico rural water authority shall be debts of the eastern New Mexico water utility authority. The eastern New Mexico water utility authority shall not impair the rights of any bondholders of outstanding bonds of the eastern New Mexico rural water authority. All contractual obligations of the eastern New Mexico rural water authority and the counties and municipalities that have the power to appoint a member to the board of directors of the eastern New Mexico water utility authority shall be binding on the eastern New Mexico water utility authority. The public regulation commission shall audit the eastern New Mexico rural water authority prior to the transfer of money, assets and debts to the eastern New Mexico water utility authority.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-1 - Short title.

Chapter 74, Article 1 NMSA 1978 may be cited as the "Environmental Improvement Act".
History:
1953 Comp., § 12-19-1, enacted by Laws 1971, ch. 277, § 1; recompiled as 1953 Comp., § 12-12-1 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 1; 1997, ch. 139, § 1.
ANNOTATIONS
Cross references.
— For environmental compliance,
see
74-7-1 NMSA 1978 et seq.
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 74, Article 1 NMSA 1978" for "Sections 12-12-1 through 12-12-14 NMSA 1953".
Enforcement authority under the federal Clean Air Act.
— The language in § 7412(d) of the Clean Air Act, 42 U.S.C. § 7401 et seq., delegates to the states with approved state implementation plans (SIP) the primary responsibility to enforce the standards as manifested in that SIP. The delegation of federal authority is limited to state enforcement of the federally-approved SIP through the state administrative and judicial process, or possibly through citizens' suits. The administrator retains authority to enforce the SIP in federal court, acting as a supervisor to insure that the federal standards are met.
Espinosa v. Roswell Tower, Inc.
, 32 F.3d 491 (10th Cir. 1994).
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
For note, "Preemption - Atomic Energy," see 24 Nat. Resources J. 761 (1984).
For note, "Look Out States . . . Your Environmental Liability Could Be Bigger Than You Think", see 30 Nat. Resources J. 929 (1990).
For note, "The Toxic Time Bomb in the Borderland: Can the 'Emergency Planning and Community Right to Know Act' Help?", see 30 Nat. Resources J. 969 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 1 et seq.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
Governmental recovery of cost of hazardous waste removal under Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9601 et seq.), 70 A.L.R. Fed. 329.
Supreme Court's views as to validity, construction and application of Comprehensive Environmental Response, Compensation, and Liability Act ((CERCLA) (42 U.S.C.A. §§ 9601 et seq.)), 157 A.L.R. Fed. 291.
Requirement that there be continuing violation to maintain citizen suit under federal environmental protection statutes - post-Gwaltney cases, 158 A.L.R. Fed. 519.
39A C.J.S. Health and Environment § 1 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-2 - Purpose of Environmental Improvement Act.

The purpose of the Environmental Improvement Act is to create a department that will be responsible for environmental management and consumer protection in this state in order to ensure an environment that in the greatest possible measure will confer optimum health, safety, comfort and economic and social well-being on its inhabitants; will protect this generation as well as those yet unborn from health threats posed by the environment; and will maximize the economic and cultural benefits of a healthy people.
History:
1953 Comp., § 12-19-2, enacted by Laws 1971, ch. 277, § 2; recompiled as 1953 Comp., § 12-12-2 by Laws 1972, ch. 51, § 9; 1997, ch. 139, § 2.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, substituted "a department that" for "an agency which" and "ensure" for "insure".
Common-law remedy for nuisance
survives the enactment of the Environmental Improvement Act.
Gonzalez v. Whitaker
, 1982-NMCA-050, 97 N.M. 710, 643 P.2d 274, cert. denied, 98 N.M. 336, 648 P.2d 794.
Board has paramount environmental improvement authority.
— It is the intention of the legislature to give the environmental improvement board statewide, paramount authority to enforce regulations and standards in the various areas listed and that all other entities of government and political subdivisions thereof must conform.
N.M. Mun. League, Inc. v. N.M. Envtl. Improvement Bd.
, 1975-NMCA-083, 88 N.M. 201, 539 P.2d 221, cert. denied, 88 N.M. 318, 540 P.2d 248.
Denial of landfill permit based on public opposition.
— The Environmental Improvement Act and the Solid Waste Act do not require the secretary to deny a landfill permit based on public opposition.
Colonias Dev. Council v. Rhino Envtl. Svcs., Inc.
2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
Law reviews.
— For note, "On Building Better Laws for New Mexico's Environment," see 4 N.M.L. Rev. 105 (1973).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-3 - Definitions.

As used in the Environmental Improvement Act:
A. "board" means the environmental improvement board;
B. "department" or "environmental improvement department" means the department of environment;
C. "on-site liquid waste system" means a liquid waste system, or part thereof, serving a dwelling, establishment or group, and using a liquid waste treatment unit designed to receive liquid waste followed by either a soil treatment or other type of disposal system. "On-site liquid waste system" includes holding tanks and privies but does not include systems or facilities designed to receive or treat mine or mill tailings or wastes;
D. "person" means the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity and includes any officer or governing or managing body of any political subdivision or public or private corporation;
E. "residential on-site liquid waste system" means an on-site liquid waste system serving up to four dwelling units; and
F. "secretary" means the secretary of environment.
History:
1953 Comp., § 12-19-3, enacted by Laws 1971, ch. 277, § 3; recompiled as 1953 Comp., § 12-12-3 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 2; 1977, ch. 253, § 34; 1982, ch. 73, § 21; 1991, ch. 25, § 29; 1997, ch. 139, § 3.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, rewrote this section to such an extent that a detailed comparison would be impracticable.
The 1991 amendment,
effective March 29, 1991, substituted "department of environment" for "environmental improvement division of the health and environment department" in Subsection A; deleted former Subsection B which read "'director' means the director of the environmental improvement division"; and designated former Subsections C and D as present Subsections B and C.
Law reviews.
— For annual survey of New Mexico law relating to administrative law, see 13 N.M.L. Rev. 235 (1983).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-4 - Environmental improvement board; creation; organization.

A. There is created the "environmental improvement board". The board shall consist of seven members appointed by the governor, by and with the advice and consent of the senate. The members of the board shall be appointed for overlapping terms, with no term exceeding five years. No more than four members shall be appointed from any political party. At least a majority of the membership of the board shall be individuals who represent the public interest and do not derive any significant portion of their income from persons subject to or who appear before the board on issues related to the federal Clean Air Act or the Air Quality Control Act [Chapter 74, Article 2 NMSA 1978]. Any vacancy occurring in the membership of the board shall be filled by appointment by the governor for the unexpired term.
B. The members of the board shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
C. The board shall elect from its membership a chairman, vice chairman and secretary and shall establish the tenure of these offices. The board shall convene upon the call of the chairman or a majority of its members. Four members shall constitute a quorum.
History:
1953 Comp., § 12-19-5, enacted by Laws 1971, ch. 277, § 5; recompiled as 1953 Comp., § 12-12-5 by Laws 1972, ch. 51, § 9; 1990, ch. 31, § 1; 1997, ch. 139, § 4; 2001, ch. 145, § 1.
ANNOTATIONS
Cross references.
— For exemption of environmental improvement board from authority of secretary of environment,
see
9-7A-12 NMSA 1978.
For the federal Clean Air Act,
see
42 U.S.C. § 7401 et seq.
The 2001 amendment,
effective June 15, 2001, in Subsection A, increased the membership of the board from five to seven members; and increased the number of members that may be appointed from any political party from three to four; and in Subsection C, inserted the last sentence.
The 1997 amendment,
effective June 20, 1997, in Subsection A, added the first sentence and deleted "42 U.S.C. Sections 7401 et seq." following "federal Clean Air Act" in the next-to-last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39A C.J.S. Health and Environment § 133.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-5 - Environmental improvement board; duties.

The board shall promulgate all regulations applying to persons and entities outside of the department.
History:
1953 Comp., § 12-19-6, enacted by Laws 1971, ch. 277, § 6; recompiled as 1953 Comp., § 12-12-6 by Laws 1972, ch. 51, § 9; 1973, ch. 340, § 3; 1997, ch. 139, § 5.
ANNOTATIONS
Cross references.
— For definition of "department",
see
74-1-3 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, substituted "department" for "agency".
Board's duty to prepare regulations.
— The environmental improvement board has a duty to have the regulations prepared by a staff of its own. It has no right to delegate this authority to one who is an "interested person" at a public hearing.
Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd.
, 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087.
Power to regulate environment.
— The Environmental Improvement Act grants the department and its environmental improvement board the power to regulate the environment on behalf of the citizens of New Mexico.
Colonias Dev. Council v. Rhino Envtl. Svcs., Inc.
, 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 4.
39A C.J.S. Health and Environment §§ 137, 138.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 1 - General Provisions › Section 74-1-7.1 - Green zia program; business sensitive information confidential.

A. The department may develop and administer a pollution prevention program to be known as the "green zia program". The department may enter into contracts with the federal government, promulgate rules and take other actions appropriate and necessary to produce an efficient and effective program.
B. Information provided to the department in accordance with the green zia program may be subject to confidentiality if the person furnishing the information demonstrates to the department that the information would divulge confidential methods or processes entitled to protection as trade secrets. If the department determines that the information is subject to confidentiality, the secretary shall promulgate a determination of confidentiality with an order of confidentiality. Confidential information may be disclosed to employees or authorized representatives of the department, but they shall not disclose the information to any other person.
C. A person who violates an order of confidentiality by disclosing confidential information pursuant to this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) per violation or by imprisonment for a definite term of one year or both.
History:
Laws 2001, ch. 93, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 93 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.