SENATE BILL 197

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Pete Campos and Pat Woods and Andrea Romero

FOR THE LEGISLATIVE FINANCE COMMITTEE

AN ACT

RELATING TO PUBLIC FINANCE; CREATING THE INFRASTRUCTURE PLANNING AND DEVELOPMENT OFFICE; PROVIDING POWERS AND DUTIES; MAKING THE DIRECTOR OF THE OFFICE THE CHAIR OF THE EXECUTIVE CAPITAL OUTLAY REVIEW COMMITTEE AND THE NEW MEXICO COMMUNITY DEVELOPMENT COUNCIL; CREATING A WATER PROJECTS TEAM IN THE OFFICE TO FOCUS ON WATER PROJECT FUNDING AND COORDINATION; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 9-14-1 NMSA 1978 (being Laws 1983, Chapter 296, Section 1) is amended to read:

     "9-14-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 9, Article 14 NMSA 1978 may be cited as the "Executive Planning Act"."

     SECTION 2. A new section of the Executive Planning Act is enacted to read:

     "[NEW MATERIAL] INFRASTRUCTURE PLANNING AND DEVELOPMENT OFFICE CREATED--ADMINISTRATIVELY ATTACHED--POWERS AND DUTIES.--

          A. As used in this section:

                (1) "infrastructure" means the underlying capital assets of the state or local government that are the physical framework of the state or local government and includes water systems, surface and ground water infrastructure, including dams and reservoirs; power and energy; government, civic and educational facilities; liquid and solid waste disposal; transportation modes, including roads, highways and bridges, aviation and rail; and telecommunications and information technology, including broadband;

                (2) "local government" means a county, municipality, council of governments, school district or charter school, land grant-merced or other special or regional planning and development district;

                (3) "office" means the infrastructure planning and development office; and

                (4) "state agency" means a department, agency, institution, board, commission or committee of state government.

          B. The "infrastructure planning and development office" is created in the office of the governor. The office shall be headed by a director appointed by the governor. The director may employ such professional and clerical staff as necessary to carry out the functions of the office. The director shall chair the executive capital outlay review committee and the New Mexico community development council.

          C. The office shall:

                (1) conduct and complete a current, five-year and ten-year statewide needs assessment for key infrastructure types;

                (2) develop and implement a system of capital planning, navigation and coordination for state agencies and local governments, including:

                     (a) the governor's office of policy and planning;

                     (b) the New Mexico community development council;

                     (c) the local government division, the capital outlay bureau and federal grants bureau of the state budget division and any other unit of the department of finance and administration that is responsible for carrying out the statutory planning powers of the secretary of finance and administration;

                     (d) the general services department for all state agencies under the facilities management division;

                     (e) the department of transportation;

                     (f) the cultural affairs department;

                     (g) the New Mexico state fair;

                     (h) the department of game and fish;

                     (i) the state parks division of the energy, minerals and natural resources department;

                     (j) the higher education department;

                     (k) the public school facilities authority;

                     (l) the New Mexico finance authority;

                     (m) the department of environment;

                     (n) the department of health;

                     (o) the corrections department;

                     (p) the office of the state engineer and the interstate stream commission;

                     (q) the council of governments;

                     (r) the New Mexico mortgage finance authority; and

                     (s) other appropriate state agencies and regional planning agencies;

                (3) develop a cooperative relationship with federal agencies that provide grants and loans to state or local governments, and foster cooperative relationships among state agencies, local governments and federal agencies;

                (4) coordinate with state agencies to assist and provide support to local governments that are seeking funding for local infrastructure projects from state, federal or private sources, including an evaluation of operational needs and whether sufficient operational revenue is available;

                (5) serve as the state's single point of entry for state agencies and local governments for advice and assistance regarding infrastructure financing and for support to small and rural local governments in administering legislatively funded capital outlay projects or funding through grants and loans;

                (6) facilitate and support planning for high-impact regional and local projects that meet statewide economic and community development goals and bring annual requests for such projects to the executive capital outlay review committee; and

                (7) consult regularly with the legislature on infrastructure projects that are most in need of sufficient legislative bond authorization or appropriation to reach full funding to complete a stalled project.

          D. By January 1, 2025, the office shall deliver to the legislature and the governor a report that includes:

                (1) an evaluation of the state's technical expertise in key types of infrastructure planning, construction and operation;

                (2) identification of strategies to improve alignment of existing infrastructure planning and administration;

                (3) analysis of methods to simplify infrastructure planning and administration;

                (4) analysis of methods to promote regionalization of key types of infrastructure serving more than one local government;

                (5) recommendations on the scope of the office's duties;

                (6) an analysis of the staffing needs of the office;

                (7) strategies for state agencies and local governments to leverage all available funding sources for the completion of infrastructure projects; and

                (8) outcome measures to evaluate infrastructure project proposals.

          E. The office shall establish a "water projects team" responsible for providing project development assistance and funding navigation for community water and wastewater systems. The team shall catalog all agencies that deal with water infrastructure, including their water authorities and responsibilities, and convene agencies as needed to:

                (1) coordinate funding and services;

                (2) review current project eligibility requirements and barriers to access for existing drinking water and wastewater funding sources and propose approaches to streamline program procedures and increase access; and

                (3) propose clear standards-based criteria for vetting and prioritizing projects across funding sources to advance public health outcomes, promote resilient infrastructure and systems and support regulatory compliance."

     SECTION 3. Section 11-6-4 NMSA 1978 (being Laws 1977, Chapter 299, Section 4, as amended) is amended to read:

     "11-6-4. NEW MEXICO COMMUNITY DEVELOPMENT COUNCIL--[ESTABLISHED] CREATED--APPOINTMENT--TERMS--OFFICERS.--

          A. The "New Mexico community development council" is created.

          B. The council [shall consist] consists of:

                (1) the director of the infrastructure planning and development office, who shall chair the council;

                [(1)] (2) the secretary of finance and administration or a member of [his] the secretary's staff designated by [him] the secretary;

                [(2)] (3) the governor or a member of [his] the governor's staff designated by [him] the governor;

                [(3)] (4) the secretary of health [and environment] or a member of [his] the secretary's staff designated by [him] the secretary;

                [(4)] (5) the lieutenant governor or a member of [his] the lieutenant governor's staff designated by [him] the lieutenant governor; and

                [(5)] (6) seven members appointed by the governor. Appointments shall be made for three-year terms expiring on January 1 of the appropriate year. Each of the following districts shall be represented by one member who shall reside in that district:

                     (a) district one--San Juan, McKinley and Cibola counties;

                     (b) district two--Rio Arriba, Santa Fe, Taos, Los Alamos, Colfax, Mora and San Miguel counties;

                     (c) district three--Bernalillo, Sandoval, Torrance and Valencia counties;

                     (d) district four--Union, Harding, Quay, Guadalupe, [DeBaca] De Baca, Roosevelt and Curry counties;

                     (e) district five--Catron, Hidalgo, Luna and Grant counties;

                     (f) district six--Lincoln, Otero, Chaves, Eddy and Lea counties; and

                     (g) district seven--Sierra, Dona Ana and Socorro counties.

     Appointment of the two additional members provided for in the 1984 amendment to this subsection shall be for terms expiring on January 1, 1986 and January 1, 1987, and thereafter for three years.

          C. An appointed member's term may be terminated by the governor for good cause shown.

          D. Appointed members shall serve [in office] until their successors are appointed unless sooner removed according to law. If a vacancy occurs in the office of an [approved] appointed member by death, resignation or otherwise, the governor shall appoint a successor to serve for the balance of the unexpired term.

          E. [The governor shall select one member to be chairman of the council] The council shall select [such other officers as it deems necessary] the vice chair of the council."

     SECTION 4. APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the office of the governor for expenditure in fiscal year 2024 to establish the infrastructure planning and development office. Any unexpended or unencumbered balance remaining at the end of fiscal year 2024 shall revert to the general fund.

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