reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21 - Finance Authority › Section 6-21-25 - Limitation of liability.

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.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21 - Finance Authority › Section 6-21-26 - Court proceedings; preference; venue.

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 other civil cases in all courts of the state and shall be heard and determined in preference to all other civil business pending therein irrespective of position on the calendar. The same preference shall be granted upon application of counsel to the authority in any action or proceeding seeking a judicial declaration of the validity of the New Mexico Finance Authority Act or any project or transaction undertaken by the authority pursuant to that act. The venue of any such action or proceeding or any other action or proceeding against the authority shall be in the county in which the principal office of the authority is located.
History:
Laws 1992, ch. 61, § 26; 2001, ch. 294, § 9.
ANNOTATIONS
The 2001 amendment,
effective April 5, 2001, added "or project or transaction undertaken by the authority pursuant to that act" after the first occurrence of "New Mexico Finance Authority Act"; substituted "seeking a judicial declaration of" for "questioning"; substituted "or any project or transaction undertaken by the authority pursuant to that act" for "in which he may be allowed to intervene" after the second occurrence of "New Mexico Finance Authority Act".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21 - Finance Authority › Section 6-21-27 - Cumulative authority.

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 powers now existing; provided that the issuance of bonds under the provisions of the New Mexico Finance Authority Act need not comply with the requirements of any other law applicable to the issuance of bonds.
History:
Laws 1992, ch. 61, § 27.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21 - Finance Authority › Section 6-21-30 - New Mexico finance authority oversight committee.

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 chairman in accordance with legislative council policies. The staff for the committee shall be provided by the legislative council service.
History:
Laws 1992, ch. 61, § 30.
ANNOTATIONS
Cross references.
— For powers and duties of the New Mexico finance authority oversight committee over the border authority,
see
58-27-26 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21 - Finance Authority › Section 6-21-31 - Powers and duties.

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 Authority Act and to review and approve regulations proposed for adoption pursuant to that act;
C. monitor and provide assistance and advice on the public project financing program of the New Mexico finance authority;
D. oversee and monitor state and local government capital planning and financing and take testimony from state and local officials on state and local capital needs;
E. provide advice and assistance to the New Mexico finance authority and cooperate with the executive branch of state government and local governments on planning, setting priorities for and financing of state and local capital projects;
F. undertake an ongoing examination of the statutes, constitutional provisions, regulations and court decisions governing state and local government capital financing in New Mexico; and
G. report its findings and recommendations, including recommended legislation or necessary changes, to the governor and to each session of the legislature. The report and proposed legislation shall be made available on or before December 15 each year.
History:
Laws 1992, ch. 61, § 31.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21A - Drinking Water State Revolving Loan Fund › Section 6-21A-1 - Short title.

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.
ANNOTATIONS
Cross references.
— For state supplemental land and water conservation fund,
see
16-1-2 NMSA 1978.
For compliance with federal Safe Drinking Water Act,
see
74-1-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21A - Drinking Water State Revolving Loan Fund › Section 6-21A-2 - Purpose.

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 program so as to improve and protect drinking water quality and public health.
History:
Laws 1997, ch. 144, § 2.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21A - Drinking Water State Revolving Loan Fund › Section 6-21A-3 - Definitions.

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, expansion, repair or rehabilitation of all or part of any structure, facility or equipment necessary for a drinking water system or water supply system;
D. "drinking water supply facility" means any structure, facility or equipment necessary for a drinking water system or water supply system;
E. "financial assistance" means loans, the purchase or refinancing of debt obligation of a local authority at an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after July 1, 1993, loan guarantees, bond insurance or security for revenue bonds issued by the authority;
F. "fund" means the drinking water state revolving loan fund;
G. "local authority" means any municipality, county, incorporated county, sanitation district, water and sanitation district or any similar district, public or private water cooperative or association or any similar organization, public or private community water system or nonprofit noncommunity water system or any other agency created pursuant to a joint powers agreement acting on behalf of any entity listed in this subsection with a publicly owned drinking water system or water supply system that qualifies as a community water system or nonprofit noncommunity system as defined by the Safe Drinking Water Act. "Local authority" does not include systems owned by federal agencies;
H. "operate and maintain" means to perform all necessary activities, including the replacement of equipment or appurtenances, to assure the dependable and economical function of a drinking water facility in accordance with its intended purpose; and
I. "Safe Drinking Water Act" means the federal Safe Drinking Water Act as amended in 1996 and its subsequent amendments or successor provisions.
History:
Laws 1997, ch. 144, § 3; 2001, ch. 116, § 1.
ANNOTATIONS
Cross references.
— For the federal Safe Drinking Water Act,
see
42 U.S.C.S. 300f et seq.
The 2001 amendment,
effective April 2, 2001, substituted "system" for "systems" at the end of Subsection C; in Subsection G, inserted "public or private" preceding "water cooperative" and inserted "public or private community water system or nonprofit noncommunity water system".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21A - Drinking Water State Revolving Loan Fund › Section 6-21A-7 - Department duties; powers.

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 wastewater facility construction loan fund capitalization grant to the drinking water state revolving loan fund; provided the Wastewater Facility Construction Loan Act [Chapter 74, Article 6A NMSA 1978] is amended to allow for such transfer. This provision is available one year after the receipt of the first full capitalization grant for the Drinking Water State Revolving Loan Fund Act and will expire with the capitalization grant of the year 2002. Before the department makes the transfer, the department shall:
(1) outline the transfer in the applicable intended use plans for both the drinking water state revolving loan fund and the wastewater facility construction loan fund; and
(2) report the intended transfer to the legislature.
B. The department in the annual intended use plan shall certify to the United States environmental protection agency the progress made regarding operator certification and capacity development programs as they relate to the receipt of capitalization grants available from the environmental protection agency under the Safe Drinking Water Act.
History:
Laws 1997, ch. 144, § 7.
ANNOTATIONS
Cross references.
— For the federal Safe Drinking Water Act,
see
42 U.S.C.S. 300f et seq.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21A - Drinking Water State Revolving Loan Fund › Section 6-21A-9 - Agreement of the state not to limit or alter rights of 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 the provisions of that act, that the state shall not limit, alter, restrict or impair any rights vested in the authority to fulfill the terms of agreements made with the holders of bonds or other obligations issued pursuant to the Drinking Water State Revolving Loan Fund Act and with the parties who may enter into contracts with a local authority, the department or the authority pursuant to the Drinking Water State Revolving Loan Fund Act, and that the state shall not limit, alter, restrict or impair the rights vested in a local authority or in the department or the authority to fulfill the terms of contracts made with the department or the authority and with parties who enter into contracts with such local authorities. The state further agrees that it shall not in any way impair the rights or remedies of the holders of such bonds or other obligations of such parties until such bonds and other obligations, together with interest thereon, with interest on any unpaid installment of interest and all costs and expense in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged and such contracts are fully performed on the part of the authority, the department or the local authorities. Nothing in this subsection precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of bonds or other obligations issued by the authority or those entering into such contracts with the authority, or the authority or the department under any contract with a local authority. The authority or the department may include this pledge and undertaking for the state in such bonds or other obligations and in such contracts.
History:
Laws 1997, ch. 144, § 9.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21A - Drinking Water State Revolving Loan Fund › Section 6-21A-10 - County or municipal authority regarding the environment.

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.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21B - General Services Aviation Equipment Project Fund › Section 6-21B-1 - General services aviation equipment project fund; 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 agreement between the general services department and the physical sciences laboratory of New Mexico state university. No money derived from property taxes, state general fund revenues or general appropriations shall be deposited in the fund. Money in the fund shall not revert to the general fund at the end of a fiscal year.
B. Money in the general services aviation equipment project fund is appropriated for expenditure by the general services department for the purpose of repaying a loan or loans to purchase a research airplane and related equipment.
C. The general services department is authorized to enter into loan agreements and loans payable from the general services aviation equipment project fund with the physical sciences laboratory of New Mexico state university and with the New Mexico finance authority on such terms and conditions deemed necessary or desirable by the general services department.
D. Money in the general services aviation equipment project fund shall be expended only on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of general services or his authorized representative.
E. The legislature shall not repeal, amend or otherwise modify any law that affects or impairs the deposit in the general services aviation equipment project fund until all loans payable from the fund are fully paid and discharged or provisions have been made for their full payment and discharge.
History:
Laws 1998, ch. 66, § 1.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-1 - Short title.

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.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, rewrote the section which read "Sections 1 through 11 of this act may be cited as the 'State Office Building Acquisition Bonding Act"'.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-2 - Repealed.

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.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-2.1 - Findings and purpose.

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 even after taking into account the payments necessary on bonds issued to acquire additional facilities and that, therefore, it is economically advantageous for the state to own additional office space and related facilities. Further, in anticipation of the state's future office space needs, the legislature finds it prudent to establish an office acquisition program.
B. The legislature also finds that, in extreme circumstances, it is advantageous for the state to fund certain critical facilities to avoid the need for leasing or paying emergency rents.
C. The purpose of the State Building Bonding Act is to acquire additional state office buildings and related facilities, or critical facilities located within the master planning jurisdiction of the capitol buildings planning commission, by issuing bonds paid for with distributions of gross receipts tax revenue that reflect a portion of the savings that will result from the conversion to more state-owned facilities.
History:
Laws 2004, ch. 123, § 1; 2005, ch. 320, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2004, ch. 123, § 1 enacted this section as a new Section 6-21C-2 NMSA 1978, however, since that section was previously repealed, it was compiled as Section 6-21C-2.1 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, provided in Subsection A that it is advantageous for the state to own related facilities; adds Subsection B to provide that it is advantageous for the state to fund critical facilities to avoid leasing or paying emergency rents; and provided in Subsection C that the purpose of the act is to acquire related facilities or critical facilities located within the master planning jurisdiction of the capitol buildings planning commission.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-3 - Definitions.

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, ch. 123, § 2.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, amended Subsection B to delete from the definition of "building bonds" "or state museum tax revenue bonds".
Applicability.
— Laws 2004, ch. 123, § 8 provided that:
"Nothing in this act shall be deemed to impair state museum tax revenue bonds outstanding on the effective date of this act. For the purposes of the obligations incurred with respect to those bonds:
A. the bonds shall be deemed to be "building bonds" pursuant to the provisions of the State Building Bonding Act;
B. money in the state building bonding fund is pledged for the payment of principal and interest on those bonds to the same extent as the fund was pledged prior to the effective date of this 2004 act; and
C. the state further pledges that any law authorizing the distribution of taxes or other revenues to the state building bonding fund or authorizing expenditures from the fund shall not be amended or repealed or otherwise modified so as to impair those bonds."
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-6 - Authority to refund bonds.

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 outstanding bonds, or any combination thereof, when, in its opinion, such action will be beneficial to the state.
History:
Laws 2001, ch. 199, § 6; 2003, ch. 371, § 5.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-1 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "building bonds" for "state office building tax revenue bonds".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-7 - Building bonds; form; execution.

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 or rates of interest, call features, call premiums, registration, refundability and other covenants covering the general and technical aspects of the issuance of the bonds.
B. The building bonds shall be in such form as the New Mexico finance authority may determine, and successive issues shall be identified by alphabetical, numerical or other proper series designation.
C. Building bonds shall be signed and attested by the secretary of the New Mexico finance authority and shall be executed with the facsimile signature of the chairman of the New Mexico finance authority and the facsimile seal of the New Mexico finance authority, except for bonds issued in book entry or similar form without the delivery of physical securities. Any interest coupons attached to the bonds shall bear the facsimile signature of the secretary of the New Mexico finance authority, which officer, by the execution of the bonds, shall adopt as his own signature the facsimile thereof appearing on the coupons. Except for bonds issued in book entry or similar form without the delivery of physical securities, the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978] shall apply, and the New Mexico finance authority shall determine the manual signature to be affixed on the bonds.
History:
Laws 2001, ch. 199, § 7; 2003, ch. 371, § 6.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-1 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, substituted "building bonds" for "state office building tax revenue bonds" in the section heading and throughout the section.
Temporary provisions.
— Laws 2003, ch. 371, § 12, provided that nothing in the act shall be deemed to impair state office building tax revenue bonds outstanding on June 20, 2003; the State Office Building Acquisition Bonding Act and the State Building Bonding Act are the same act; the state office building bonding fund and the state building bonding fund are the same fund.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-8 - Procedure for sale of building bonds.

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 the highest bidder at public sale for cash at not less than par and accrued interest.
B. In connection with any public sale of building bonds, the New Mexico finance authority shall publish a notice of the time and place of sale in a newspaper of general circulation in the state and also in a recognized financial journal outside the state. Such publication shall be made once each week for two consecutive weeks prior to the date fixed for such sale, the last publication to be two business days prior to the date of sale. Such notice shall specify the amount, denomination, maturity and description of the bonds to be offered for sale and the place, day and hour at which sealed bids therefor shall be received. All bids, except that of the state, shall be accompanied by a deposit of two percent of the principal amount of the bonds. Deposits of unsuccessful bidders shall be returned upon rejection of the bid. At the time and place specified in such notice, the New Mexico finance authority shall open the bids in public and shall award the bonds, or any part thereof, to the bidder or bidders offering the best price. The New Mexico finance authority may reject any or all bids and readvertise.
C. The New Mexico finance authority may sell a building bond issue, or any part thereof, to the state or to one or more investment bankers or institutional investors at private sale.
History:
Laws 2001, ch. 199, § 8; 2003, ch. 371, § 7; 2004, ch. 123, § 5; 2013, ch. 115, § 4.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-1 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; and in Subsection A, deleted "property control" and added "facilities management" before "division".
The 2004 amendment,
effective May 19, 2004, amended Subsection A to delete "or the office of cultural affairs" following "general services department".
The 2003 amendment,
effective June 20, 2003, inserted "building" in the section heading; substituted "building bonds" for "state office building tax revenue bonds" throughout the section; and inserted "or the office of cultural affairs" following "general services department" in Subsection A.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-9 - State Building Bonding Act is full authority for issuance of 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 Commercial Code [Chapter 55 NMSA 1978] and shall not be invalid for any irregularity or defect or be contestable in the hands of bona fide purchasers or holders thereof for value.
B. Building bonds are legal investments for any person or board charged with the investment of any public funds and are acceptable as security for any deposit of public money.
History:
Laws 2001, ch. 199, § 9; 2003, ch. 371, § 8.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "State Building Bonding Act" for "State Office Building Acquisition Bonding Act" in the section heading and in Subsection A; and substituted "building bonds" for "state office building tax revenue bonds" throughout the section.
Temporary provisions.
— Laws 2003, ch. 371, § 12, provided that nothing in the act shall be deemed to impair state office building tax revenue bonds outstanding on June 20, 2003; the State Office Building Acquisition Bonding Act and the State Building Bonding Act are the same act; the state office building bonding fund and the state building bonding fund are the same fund.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-10 - Suit may be brought to compel performance of officers.

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.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, substituted "building bonds" for "state office building tax revenue bonds" and substituted "State Building Bonding Act" for "State Office Building Acquisition Bonding Act".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21C - State Building Bonding › Section 6-21C-11 - Building bonds tax exempt.

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
The 2003 amendment,
effective June 20, 2003, substituted "All building bonds" for "All state office building bonds".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-1 - Short title.

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.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-2 - Definitions.

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 modification or improvement to a building or complex of buildings that is designed to reduce energy consumption or operating costs or that provides a renewable energy source and may include:
(1) insulation of the building structure or systems within the building;
(2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area or other window and door system modifications that reduce energy consumption;
(3) automated or computerized energy control systems;
(4) heating, ventilating or air conditioning system modifications or replacements;
(5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system;
(6) energy recovery systems;
(7) on-site photovoltaics, solar heating and cooling systems or other renewable energy systems; or
(8) cogeneration or combined heat and power systems that produce steam, chilled water or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;
E. "fund" means the energy efficiency and renewable energy bonding fund;
F. "school district" means a political subdivision of the state established for the administration of public schools, segregated geographically for taxation and bonding purposes and governed by the Public School Code [Chapter 22 NMSA 1978, except Article 5A];
G. "school district building" means a building, the title to which is held by a school district; and
H. "state building" means a building, the title to which is held by the state or an agency of the state.
History:
Laws 2005, ch. 176, § 2.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 176, § 13 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-3 - Building assessments for energy efficiency measures.

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 energy cost savings realized. In addition, the assessment shall include a schedule for funding and installing the energy efficiency measures that will realize significant energy cost savings in the shortest time frame. The department shall develop the assessment of:
(1) state buildings, in conjunction with the facilities management division of the general services department, the staff architect of the division, the capitol buildings planning commission and other state agencies with control and management over buildings; and
(2) school district buildings, in conjunction with the public education department, the public school capital outlay council and the public school facilities authority.
B. State agencies and school districts shall cooperate with the department in the assessment performed pursuant to Subsection A of this section.
History:
Laws 2005, ch. 176, § 3; 2007, ch. 171, § 2; 2013, ch. 115, § 5.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed the name of the property control division of the general services department to the facilities management division; and in Paragraph (1) of Subsection A, deleted "property control" and added "facilities management" before "division".
The 2007 amendment,
effective June 15, 2007, eliminated the requirement for a state plan and provides for energy efficiency assessments of state and school district buildings.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-4 - Contracts for the installation of energy efficiency 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 identified in the assessment. An installation contract shall be entered into pursuant to the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], except that the contract may be entered into for a term of up to ten years. The installation or contracts shall address provisions concerning payment schedules, monitoring, inspecting, measuring and warranties as are necessary to ensure that the energy efficiency measures will be installed and the energy cost savings realized in the manner most beneficial to the state; provided that bonds shall not be issued pursuant to the Energy Efficiency and Renewable Energy Bonding Act without a finding by the department that the energy cost savings realized from the energy efficiency measures will be greater than the debt service due on the bonds issued to finance the energy efficiency measures.
History:
Laws 2005, ch. 176, § 4; 2007, ch. 171, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, authorized state agencies and school districts, pursuant to an energy efficiency assessment, to enter into contracts pursuant to the Procurement Code for terms up to ten years for the installation of energy efficient measures.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-6 - Calculation of cost savings; transfers to energy efficiency 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, that will be annually realized as a result of the installation of the energy efficiency measures. The department shall certify the estimate to the department of finance and administration and the general services department or other state agency with jurisdiction, in the case of state buildings, and to the department of finance and administration, the public education department and the school district, in the case of school district buildings.
B. In the case of a school district building, when calculating the state equalization guarantee distribution pursuant to Section 22-8-25 NMSA 1978, the public education department shall deduct ninety percent of the amount certified for the school district by the department.
C. Reduction of a school district's state equalization guarantee distribution shall cease when the school district's cumulative reductions equal its proportional share of the cumulative debt service payments necessary to service the bonds issued pursuant to the Energy Efficiency and Renewable Energy Bonding Act.
D. Prior to June 30 of each year, the total amount deducted for all school districts pursuant to Subsection B of this section shall be transferred to the fund.
E. In the case of a state building, the department of finance and administration shall deduct from the operating budget of the agency responsible for paying the utilities of the state building ninety percent of the amount certified for the agency by the department.
F. Deduction from the operating budget of the agency responsible for paying the utilities of the state building shall cease when the agency's cumulative deductions equal its proportional share of the cumulative debt service payments necessary to service the bonds issued pursuant to the Energy Efficiency and Renewable Energy Bonding Act.
G. Prior to June 30 of each year, the total amount deducted for all agencies and all state buildings pursuant to Subsection D of this section shall be transferred from the appropriate funds to the energy efficiency and renewable energy bonding fund.
History:
Laws 2005, ch. 176, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 176, § 13 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-6.1 - Energy efficiency assessment revolving fund.

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 pursuant to the Energy Efficiency and Renewable Energy Bonding Act. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the department for the purposes of performing energy efficiency assessments. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources.
History:
Laws 2007, ch. 171, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-8 - Energy Efficiency and Renewable Energy Bonding Act is 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 for the issuance and sale of energy efficiency bonds, which bonds shall have all the qualities of investment securities under the Uniform Commercial Code [Chapter 55 NMSA 1978] and shall not be invalid for any irregularity or defect or be contestable in the hands of bona fide purchasers or holders thereof for value.
B. Energy efficiency bonds are legal investments for any person or board charged with the investment of any public funds and are acceptable as security for any deposit of public money.
History:
Laws 2005, ch. 176, § 8.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 176, § 13 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-9 - Bonds tax exempt.

All energy efficiency bonds shall be exempt from taxation by the state or any of its political subdivisions.
History:
Laws 2005, ch. 176, § 9.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 176, § 13 made the act effective July 1, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 21D - Energy Efficiency and Renewable Energy Bonding Act › Section 6-21D-10 - Annual report required.

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. details concerning all payments made for the installation of energy efficiency measures;
B. details concerning all expenditures made in administering the provisions of the Energy Efficiency and Renewable Energy Bonding Act;
C. a list of all buildings on which an energy efficiency assessment has been performed and the buildings in which energy efficiency measures were installed;
D. details showing how the energy cost savings were calculated;
E. an analysis of whether the program has been cost-effective;
F. a summary of activities being conducted during the present fiscal year; and
G. any additional information that will assist the legislature and the governor in evaluating the program.
History:
Laws 2005, ch. 176, § 10; 2007, ch. 171, § 5.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, eliminated the report showing progress in complying with the state plan and required a list of buildings on which an energy efficiency assessment has been performed.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 22 - State Aid Interception › Section 6-22-1 - Short title.

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.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 22 - State Aid Interception › Section 6-22-2 - Definitions.

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 bond" means a bond issued after July 1, 1992 pursuant to Sections 3-33-1 through 3-33-43 NMSA 1978 or Chapter 4, Article 62 NMSA 1978;
D. "qualified local revenue bond" means a local revenue bond for which a state distributions intercept authorization has been granted pursuant to this section;
E. "secretary" means the secretary of finance and administration; and
F. "state distributions" means any or all of the funds distributed to local governments pursuant to Sections 7-1-6.4 and 7-1-6.9 NMSA 1978.
History:
Laws 1992, ch. 105, § 2; 2017, ch. 63, § 3.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, in Subsection F, after "pursuant to", deleted "Section" and added "Sections", after "7-1-6.4", added "and", and after "7-1-6.9", deleted "and Subsection B of Section 7-1-6.11".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-1 - Short title.

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.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, substituted "Facility" for "Building".
The 1997 amendment,
effective June 20, 1997, substituted "Chapter 6, Article 23 NMSA 1978" for "Sections 1 through 10 of this act" and inserted "and Water Conservation".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-4 - Guaranteed utility savings contract; performance guarantee 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 upon the execution of the guaranteed utility savings contract. The qualified provider shall provide a performance guarantee in the form of a performance bond, a cash bond, a letter of credit issued by a bank with a Moody's or Standard and Poor's rating of "A" or better or any other surety, including insurance, satisfactory to the governmental unit and its approving agency. The guarantee for each year shall be in an amount equal to the amount of the annual guarantee given by the qualified provider in the guaranteed utility savings contract.
History:
Laws 1993, ch. 231, § 4; 1997, ch. 42, § 4; 2005, ch. 178, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "bond" to "guarantee"; provides that the provider must provide a performance guarantee in the form of a performance bond, a cash bond, a corporate guarantee or any other surety satisfactory to the governmental units and its approving agency; and deletes the former language that required bonds to be issued by a surety company authorized to do business in New Mexico and approved in federal circular 570 or approved by the state board of finance.
The 1997 amendment,
effective June 20, 1997, substituted "utility" for "energy" throughout the section and in the section heading, and in the first sentence, substituted "A governmental unit shall not" for "No governmental unit shall" and inserted "guaranteed utility savings".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-5 - Contract approval required.

A. A governmental unit shall not enter into a guaranteed utility savings contract with a qualified provider or any installment payment contract or lease-purchase agreement pursuant to that contract unless the contracts and agreements are reviewed and approved as follows:
(1) for school districts, by the superintendent of public instruction;
(2) for state agencies:
(a) if the facilities, systems or vehicles are owned, leased or otherwise controlled by the general services department, by the secretary of general services; and
(b) if the facilities, systems or vehicles are not owned, leased or otherwise controlled by the general services department, by the executive head of the state agency;
(3) for municipalities and counties, by the governing body of the municipality or county; and
(4) for all post-secondary educational institutions and the state educational institutions confirmed in Article 12, Section 11 of the constitution of New Mexico, by the commission on higher education.
B. The approval required under this section shall be given upon:
(1) a determination that the contracts and agreements comply with the provisions of the Public Facility Energy Efficiency and Water Conservation Act and other applicable law;
(2) certification by the energy, minerals and natural resources department that the qualified provider of energy conservation measures meets the experience requirements set by the department and the guaranteed energy savings from the energy conservation measures proposed appear to be accurately estimated and reasonable; and
(3) certification by the office of the state engineer that the qualified provider of water conservation measures meets the experience requirements set by that office and the guaranteed water savings from the water conservation measures proposed appear to be accurately estimated and reasonable.
History:
Laws 1993, ch. 231, § 5; 1997, ch. 42, § 5; 1999, ch. 257, § 2; 2001, ch. 247, § 4.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, in Subsection A(2), deleted "by the secretary of general services" following "for state agencies" and added Subsections A(2)(a) and A(2)(b); substituted "governing body of the municipality or county" for "secretary of finance and administration" in Subsection A(3); and substituted "Public Facility" for "Public Building" in Subsection B(1).
The 1999 amendment,
effective June 18, 1999, in Subsection A substituted "state agencies" for "agencies, institutions and instrumentalities of the state" in Subsection A(2), added Subsection A(4), and made related stylistic changes.
The 1997 amendment,
effective June 20, 1997, in the introductory language of Subsection A, substituted "A governmental unit shall not" for "No governmental unit shall" and substituted "utility" for "energy"; in Subsection B(1), inserted "and Water Conservation" and deleted "and" at the end of the paragraph; in Subsection B(2), inserted "of energy conservation measures" and added "and" at the end of the paragraph; and added Subsection B(3).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 23 - Public Facility Energy Efficiency › Section 6-23-6 - Contracts and agreements not a general obligation of the governmental unit.

Payment obligations of a governmental unit pursuant to a guaranteed utility savings contract with a qualified provider and any installment payment contract or lease-purchase agreement pursuant to a guaranteed utility savings contract are not general obligations of the governmental unit and are collectible only from utility cost savings and conservation-related cost savings appropriated by the legislature and other revenues pledged for that purpose in accordance with the Public Facility Energy Efficiency and Water Conservation Act.
History:
Laws 1993, ch. 231, § 6; 1997, ch. 42, § 6; 2001, ch. 247, § 5.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, inserted "utility cost savings and conservation-related cost savings appropriated by the legislature and other"; and substituted "Public Facility" for "Public Building".
The 1997 amendment,
effective June 20, 1997, substituted "utility" for "energy" throughout the section and inserted "and Water Conservation".