New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 91 - GRANTS › Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS › Section 2.91.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Act" means the
				Colonias Infrastructure Act, Sections
				6-30-1 through
				6-30-8,
				NMSA 1978, as the same may be amended and supplemented.
B. "Agreement" means the document or
				documents signed by the board and a qualified entity which specify the terms
				and conditions of obtaining financial assistance from the colonias
				infrastructure project fund.
C.
				"Applicant" means a qualified entity which has filed a colonias infrastructure
				project proposal with the authority for initial review and referral to the
				board, or to the board's project review committee.
D. "Authority" means the New Mexico finance
				authority.
E. "Authorized
				representative" means one or more individuals duly authorized to act on behalf
				of the qualified entity in connection with its financial application, colonias
				infrastructure project proposal or agreement.
F. "Board" means the New Mexico colonias
				infrastructure board created by the act.
G. "Bylaws" means the bylaws of the board
				adopted on October 7, 2011, as amended and supplemented from time to
				time.
H. "Colonia" means a rural
				community with a population of 25,000 persons or less located within 150 miles
				of the United States-Mexico border that (1) has been designated as a colonia by
				the municipality or county in which it is located because of a lack of potable
				water supply, a lack of adequate sewage systems, or a lack of decent, safe and
				sanitary housing; (2) has been in existence as a colonia prior to November
				1990; and (3) has submitted appropriate documentation to the board to
				substantiate the conditions under (1) and (2) of this definition.
I. "Colonias infrastructure project account"
				means a fund designated by a qualified entity exclusively for receipt of
				financial assistance for a qualified project.
J. "Colonias infrastructure project fund"
				means the fund of that name created in the authority by Section
				6-30-8,
				NMSA 1978.
K. "Colonias
				infrastructure project proposal" means a written project proposal submitted by
				a qualified entity for review by the project review committee and consideration
				by the board.
L. "Colonias
				infrastructure trust fund" means the fund of that name created in the state
				treasury by Section
				6-30-7,
				NMSA 1978.
M. "Financial
				application" means a written document filed with the authority by an applicant
				for the purpose of evaluating the applicant's qualifications and proposed
				project or projects for types of financial assistance which may be provided by
				the board under the act.
N.
				"Financial assistance" means loans, grants and any other type of assistance
				authorized by the act, or a combination thereof, provided from the colonias
				infrastructure project fund to a qualified entity for the financing of a
				qualified project.
O. "Political
				subdivision of the state" means a municipality, a county, a water and
				sanitation district, an association organized and existing pursuant to the
				Sanitary Projects Act, Chapter 3, Article 29 NMSA 1978, or any other entity
				recognized by statute as a political subdivision of the state.
P. "Project review committee" means a
				standing committee, appointed by the chairman of the board from the members of
				the board pursuant to the bylaws to review proposed colonias infrastructure
				projects to be recommended for funding from the colonias infrastructure project
				fund.
Q. "Qualified entity" means a
				county, municipality or other entity recognized as a political subdivision of
				the state.
R. "Qualified project"
				means a capital outlay project selected by the board for financial assistance
				that is primarily intended to develop colonias infrastructure, and may include
				a water system, a wastewater system, solid waste disposal facilities, flood and
				drainage control, roads or housing infrastructure, but does not include general
				operation and maintenance, equipment, housing allowance payments or mortgage
				subsidies.
S. "State" means the
				state of New Mexico.