0001|                            HOUSE BILL 592
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             GARY K. KING
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO DRINKING WATER FACILITIES; CREATING A REVOLVING
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0012|     LOAN FUND; ENACTING THE DRINKING WATER STATE REVOLVING LOAN
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0013|     FUND ACT; AUTHORIZING ISSUANCE OF DRINKING WATER BONDS BY THE
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0014|     NEW MEXICO FINANCE AUTHORITY; AMENDING A CERTAIN SECTION OF THE
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0015|     NMSA 1978; MAKING AN APPROPRIATION.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0019|     through 9 of this act may be cited as the "Drinking Water State
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0020|     Revolving Loan Fund Act".
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0021|          Section 2.  [<u>NEW MATERIAL</u>]  PURPOSE.--The purpose of the
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0022|     Drinking Water State Revolving Loan Fund Act is to provide
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0023|     local authorities in New Mexico with low-cost financial
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0024|     assistance in the construction and rehabilitation of necessary
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0025|     drinking water facilities through the creation of a self-
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0001|     sustaining revolving loan program so as to improve and protect
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0002|     drinking water quality and public health.
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0003|          Section 3.  [<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the
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0004|     Drinking Water State Revolving Loan Fund Act:
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0005|               A.  "authority" means the New Mexico finance
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0006|     authority;
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0007|               B.  "department" means the department of
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0008|     environment;
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0009|               C.  "drinking water facility construction project"
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0010|     means the acquisition, design, construction, improvement,
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0011|     expansion, repair or rehabilitation of all or part of any
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0012|     structure, facility or equipment necessary for a drinking water
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0013|     system or water supply systems;
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0014|               D.  "financial assistance" means loans, the purchase
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0015|     or refinancing of debt obligation of a local authority at an
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0016|     interest rate that is less than or equal to the market interest
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0017|     rate in any case in which a debt obligation is incurred after
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0018|     July 1, 1993, loan guarantees, bond insurance or security for
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0019|     revenue bonds issued by the authority;
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0020|               E.  "fund" means the drinking water state revolving
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0021|     loan fund;
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0022|               F.  "local authority" means any municipality,
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0023|     county, incorporated county, sanitation district, water and
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0024|     sanitation district or any similar district, water cooperative
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0025|     or association or any similar organization, or any other agency
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0001|     created pursuant to a joint powers agreement acting on behalf
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0002|     of any entity listed in this subsection with a publicly owned
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0003|     drinking water system or water supply system which qualifies as
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0004|     community water system or nonprofit noncommunity system as
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0005|     defined by the Safe Drinking Water Act.  "Local authority" does
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0006|     not include systems owned by federal agencies;
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0007|               G.  "operate and maintain" means to perform all
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0008|     necessary activities, including the replacement of equipment or
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0009|     appurtenances, to assure the dependable and economical function
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0010|     of a drinking water facility in accordance with its intended
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0011|     purpose; and
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0012|               H.  "Safe Drinking Water Act" means the federal Safe
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0013|     Drinking Water Act as amended in 1996 and its subsequent
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0014|     amendments or successor provisions.
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0015|          Section 4.  [<u>NEW MATERIAL</u>]  FUND CREATED--
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0016|     ADMINISTRATION.-- 
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0017|               A.  There is created in the authority a revolving
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0018|     loan fund to be known as the "drinking water state revolving
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0019|     loan fund", which shall be administered by the authority.  The
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0020|     authority is authorized to establish procedures required to
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0021|     administer the fund in accordance with the Safe Drinking Water
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0022|     Act and state laws.  The authority shall, whenever possible,
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0023|     coordinate application procedures and funding cycles with the
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0024|     New Mexico Community Assistance Act.
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0025|               B.  The following shall be deposited directly in the
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0001|     fund:
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0002|                    (1)  grants from the federal government or its
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0003|     agencies allotted to the state for capitalization of the fund;
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0004|                    (2)  funds as appropriated by the legislature
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0005|     to implement the provisions of the Drinking Water State
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0006|     Revolving Loan Fund Act or to provide state matching funds that
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0007|     are required by the terms of any federal grant under the Safe
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0008|     Drinking Water Act;
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0009|                    (3)  loan principal, interest and penalty
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0010|     payments if required by the terms of any federal grant under
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0011|     the Safe Drinking Water Act;
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0012|                    (4)  any other public or private money
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0013|     dedicated to the fund; and
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0014|                    (5)  revenue transferred from other state
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0015|     revolving funds.
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0016|               C.  Money in the fund is appropriated for
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0017|     expenditure by the authority in a manner consistent with the
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0018|     terms and conditions of the federal capitalization grants and
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0019|     the Safe Drinking Water Act and may be used:
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0020|                    (1)  to provide loans for the construction or
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0021|     rehabilitation of drinking water facilities;
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0022|                    (2)  to buy or refinance the debt obligation of
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0023|     a local authority at an interest rate that is less than or
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0024|     equal to the market interest rate in any case in which a debt
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0025|     obligation is incurred after July 1, 1993;
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0001|                    (3)  to guarantee or purchase insurance for
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0002|     obligations of local authorities to improve credit market
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0003|     access or reduce interest rates;
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0004|                    (4)  to provide loan guarantees for similar
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0005|     revolving funds established by local authorities; and
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0006|                    (5)  to provide a source of revenue or security
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0007|     for the repayment of principal and interest on bonds issued by
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0008|     the authority if the proceeds of the bonds are deposited in the
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0009|     fund or if the proceeds of the bonds are used to make loans to
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0010|     local authorities to the extent provided in the terms of the
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0011|     federal grant.
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0012|               D.  Pursuant to procedures established by the
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0013|     authority, the authority may impose and collect a fee from each
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0014|     local authority that receives financial assistance from the
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0015|     fund, which fee shall be used solely for the costs of
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0016|     administering the fund and which fee shall be kept outside the
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0017|     fund.
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0018|               E.  Money not currently needed for the operation of
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0019|     the fund or otherwise dedicated may be invested pursuant to the
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0020|     New Mexico Finance Authority Act and all interest earned on
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0021|     such investments shall be credited to the fund.  Money
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0022|     remaining in the fund at the end of the fiscal year shall not
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0023|     revert to the general fund but shall accrue to the credit of
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0024|     the fund. 
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0025|               F.  The authority shall maintain full authority for
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0001|     the operation of the fund in accordance with applicable federal
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0002|     and state law, including, but not limited to, in cooperation
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0003|     with the department, ensuring the loan recipients are on the
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0004|     state priority list or otherwise satisfy the Safe Drinking
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0005|     Water Act requirements.
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0006|               G.  The authority shall establish fiscal controls
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0007|     and accounting procedures that are sufficient to assure proper
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0008|     accounting for fund payments, disbursements and balances and
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0009|     shall provide, in cooperation with the department, a biannual
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0010|     report and an annual independent audit on the fund to the
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0011|     governor and to the United States environmental protection
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0012|     agency as required by the Safe Drinking Water Act.
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0013|          Section 5.  [<u>NEW MATERIAL</u>]  LOAN PROGRAM-- 
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0014|     ADMINISTRATION.-- 
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0015|               A.  The authority shall establish a program to
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0016|     provide financial assistance from the fund to local
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0017|     authorities, individually or jointly, for acquisition,
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0018|     construction or modification of drinking water facilities.  The
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0019|     authority is authorized to enter into memoranda of
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0020|     understanding, contracts and other agreements to carry out the
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0021|     provisions of the Drinking Water State Revolving Loan Fund Act,
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0022|     including but not limited to memoranda of understanding,
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0023|     contracts and agreements with federal agencies, the department,
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0024|     local authorities and other parties.
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0025|               B.  The department shall adopt, by regulation, a
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0001|     system for the ranking of drinking water facility construction
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0002|     projects requesting financial assistance and for the
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0003|     development of a priority list which will be part of the annual
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0004|     intended use plan.
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0005|               C.  The department shall adopt regulations or
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0006|     internal procedures addressing the mechanism for the
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0007|     preparation of the annual intended use plan and the content of
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0008|     such plan and shall prepare such plan, with the assistance of
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0009|     the authority, as required by the Safe Drinking Water Act and
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0010|     the capitalization grant agreement.
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0011|               D.  The department shall adopt regulations or
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0012|     internal procedures establishing the criteria and method for
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0013|     the distribution of annual capitalization grant funds between
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0014|     the fund and the nonproject activities (set-asides) allowed by
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0015|     the Safe Drinking Water Act and for the description in the
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0016|     intended use plan and annual report of the financial
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0017|     programmatic status of the nonproject activities (set-asides)
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0018|     allowed by the Safe Drinking Water Act.
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0019|               E.  The authority shall establish procedures to
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0020|     identify affordability criteria for a disadvantaged community
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0021|     and to extend a program to assist such communities.
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0022|               F.  The department shall set up separate accounts
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0023|     outside the fund to use for nonproject (set-asides) activities
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0024|     authorized under the Safe Drinking Water Act, Sections 1452 (g)
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0025|     and 1452 (k), and the authority shall set up a separate account
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0001|     outside the fund for administration of the fund.  The
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0002|     department shall also provide the additional match for Safe
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0003|     Drinking Water Act, Section 1452 (g) (2) activities.
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0004|               G.  The department shall prepare and submit
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0005|     applications for capitalization grants to the United States
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0006|     environmental protection agency as required by the Safe
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0007|     Drinking Water Act.
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0008|          Section 6.  [<u>NEW MATERIAL</u>]  FINANCIAL ASSISTANCE--
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0009|     CRITERIA.--
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0010|               A.  Financial assistance shall be provided only to
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0011|     local authorities that:
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0012|                    (1)  meet the requirements for financial
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0013|     capability set by the authority to assure sufficient revenues
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0014|     to operate and maintain the drinking water facility for its
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0015|     useful life and to repay the financial assistance;
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0016|                    (2)  appear on the priority list for the fund,
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0017|     regardless of rank on such list;
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0018|                    (3)  are considered by the authority ready to
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0019|     proceed with the project;               
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0020|                    (4)  demonstrate adequate technical and
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0021|     managerial capability to operate the drinking water facility
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0022|     for its useful life; and
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0023|                    (5)  meet other requirements established by the
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0024|     authority and state laws, including, but not limited to,
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0025|     procurement, recordkeeping and accounting.
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0001|               B.  Loans from the fund shall be made by the
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0002|     authority only to local authorities that establish one or more
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0003|     dedicated sources of revenue to repay the money received from
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0004|     the fund and to provide for operation, maintenance and
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0005|     equipment replacement expenses of the drinking water facility
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0006|     proposed for funding.
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0007|               C.  The authority, with assistance from the
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0008|     department, shall establish procedures addressing methods to
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0009|     provide financial assistance to local authorities in accordance
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0010|     with the criteria set forth in the Safe Drinking Water Act,
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0011|     Section 1452 (a) (3).
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0012|               D.  Each loan made by the authority shall provide
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0013|     that repayment of the loan shall begin not later than one year
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0014|     after completion of construction of the drinking water facility
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0015|     for which the loan was made and shall be repaid in full no
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0016|     later than twenty years after completion of the construction,
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0017|     except in the case of a disadvantaged community in which case
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0018|     the authority may extend the term of the loan, as long as the
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0019|     extended term:
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0020|                    (1)  terminates not later than the date that is
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0021|     thirty years after the date of project completion; and
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0022|                    (2)  does not exceed the expected design life
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0023|     of the project.
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0024|               E.  Financial assistance may be made with an annual
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0025|     interest rate which is less than a market rate as determined by
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0001|     procedures established by the authority and reported annually
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0002|     in the intended use plan prepared by the department, with the
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0003|     assistance of the authority.
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0004|               F.  Financial assistance pursuant to the Drinking
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0005|     Water State Revolving Loan Fund Act shall not be given to a
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0006|     local authority, if the authority determines that the financial
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0007|     assistance is for a drinking water facility to be constructed
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0008|     in fulfillment or partial fulfillment of requirements made of a
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0009|     subdivider under the provisions of the Land Subdivision Act or
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0010|     the New Mexico Subdivision Act.
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0011|               G.  Financial assistance may be made to local
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0012|     authorities that employ or contract with a registered
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0013|     professional engineer to provide and be responsible for
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0014|     engineering services on the drinking water facility.  Such
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0015|     services, if the authority determines such services are needed,
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0016|     may include, but are not limited to, an engineering report,
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0017|     facility plans, environmental evaluations, construction
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0018|     contract documents, supervision of construction and start-up
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0019|     services.
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0020|               H.  Financial assistance shall be made only for
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0021|     eligible items as described by authority procedures and as
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0022|     identified pursuant to the Safe Drinking Water Act.
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0023|          Section 7.  [<u>NEW MATERIAL</u>]  DEPARTMENT DUTIES--POWERS.--
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0024|               A.  The department with the approval of the governor
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0025|     and as authorized in the intended use plan may transfer up to
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0001|     one-third of a wastewater facility construction loan fund
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0002|     capitalization grant to the drinking water state revolving loan
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0003|     fund; provided the Wastewater Facility Construction Loan Act is
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0004|     amended to allow for such transfer.  This provision is
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0005|     available one year after the receipt of the first full
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0006|     capitalization grant for the Drinking Water State Revolving
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0007|     Loan Fund Act and will expire with the capitalization grant of
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0008|     the year 2002.  Before the department makes the transfer, the
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0009|     department shall:
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0010|                    (1)  outline the transfer in the applicable
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0011|     intended use plans for both the drinking water state revolving
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0012|     loan fund and the wastewater facility construction loan fund;
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0013|     and
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0014|                    (2)  report the intended transfer to the
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0015|     legislature.
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0016|               B.  The department in the annual intended use plan
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0017|     shall certify to the United States environmental protection
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0018|     agency the progress made regarding operator certification and
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0019|     capacity development programs as they relate to the receipt of
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0020|     capitalization grants available from the environmental
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0021|     protection agency under the Safe Drinking Water Act.
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0022|          Section 8.  [<u>NEW MATERIAL</u>]  AUTHORITY DUTIES--POWERS.--  
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0023|               A.  The authority with the approval of the governor
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0024|     and as authorized in the intended use plan may transfer up to
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0025|     one-third of a drinking water state revolving loan fund
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0001|     capitalization grant to the wastewater facility construction
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0002|     loan fund.  This provision is available one year after the
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0003|     receipt of the first full capitalization grant and will expire
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0004|     with the capitalization grant of the year 2002.  Before the
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0005|     authority makes the transfer, the authority shall:
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0006|                    (1)  outline the transfer in the applicable
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0007|     intended use plans for both the drinking water state revolving
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0008|     loan fund and the wastewater facility construction loan fund;
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0009|     and
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0010|                    (2)  report the intended transfer to the
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0011|     legislature.
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0012|               B.  The authority will have the power:
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0013|                    (1)  to foreclose upon, attach or condemn any
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0014|     drinking water facility, property or interest in the facility
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0015|     pledged, mortgaged or otherwise available as security for a
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0016|     project financed in whole or in part pursuant to the Drinking
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0017|     Water State Revolving Loan Fund Act in the event of a default
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0018|     by a local authority;
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0019|                    (2)  to acquire and hold title to or leasehold
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0020|     interest in real and personal property and to sell, convey or
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0021|     lease that property for the purpose of satisfying a default or
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0022|     enforcing the provisions of a loan agreement; and
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0023|                    (3)  to enforce its rights by suit or mandamus
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0024|     or may utilize all other available remedies under state law in
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0025|     the event of default by a local authority.
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0001|               C.  The authority will have the power to issue bonds
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0002|     or refunding bonds pursuant to the New Mexico Finance Authority
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0003|     Act and the Drinking Water State Revolving Loan Fund Act when
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0004|     the authority determines that a bond issue is required or
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0005|     desirable to implement the provisions of the Drinking Water
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0006|     State Revolving Loan Fund Act.
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0007|               D.  As security for the payment of the principal and
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0008|     interest on bonds issued by the authority, the authority is
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0009|     authorized to pledge, transfer and assign: 
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0010|                    (1)  any obligations of each local authority,
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0011|     payable to the authority; 
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0012|                    (2)  the security for the local authority
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0013|     obligations;
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0014|                    (3)  any grant, subsidy or contribution from
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0015|     the United States or any of its agencies or instrumentalities;
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0016|     or
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0017|                    (4)  any income, revenues, funds or other money
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0018|     of the authority from any other source appropriated or
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0019|     authorized for use for the purpose of implementing the
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0020|     provisions of the Drinking Water State Revolving Loan Fund Act,
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0021|     including the fund.
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0022|               E.  The bonds and other obligations issued by the
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0023|     authority shall be issued and delivered in accordance with the
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0024|     provisions of the New Mexico Finance Authority Act and may be
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0025|     sold at any time the authority determines appropriate.  The
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0001|     authority may apply the proceeds of the sale of the bonds to:
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0002|                    (1)  the purposes of the Drinking Water State
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0003|     Revolving Loan Fund Act or the purposes for which the fund may
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0004|     be used;
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0005|                    (2)  the payment of interest on bonds issued by
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0006|     the authority for a period not to exceed three years from the
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0007|     date of issuance of the bonds; and
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0008|                    (3)  the payment of all expenses, including
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0009|     publication and printing charges, attorney fees, financial
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0010|     advisory and underwriter fees and premiums or commissions that
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0011|     the authority determines are necessary or advantageous in
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0012|     connection with the recommendation, advertisement, sale,
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0013|     creation and issuance of bonds.
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0014|               F.  In the event that funds are not available for a
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0015|     loan for a drinking water facility project when application is
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0016|     made, in order to accelerate the completion of any drinking
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0017|     water facility project, the local authority may, with the
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0018|     approval of the authority, obligate such local authority to
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0019|     provide local funds to pay that portion of the cost of the
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0020|     drinking water facility project that the authority agrees to
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0021|     make available by loan, and the authority may reimburse the
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0022|     amount expended on its behalf by the local authority.
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0023|               G.  Authority members or employees and any person
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0024|     executing bonds issued pursuant to the New Mexico Finance
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0025|     Authority Act and Drinking Water State Revolving Loan Fund Act
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0001|     shall not be liable personally on such bonds or be subject to
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0002|     any personal liability or accountability by reason of the
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0003|     issuance thereof.
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0004|               H.  All bonds, notes and certificates issued by the
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0005|     authority shall be special obligations of the authority,
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0006|     payable solely from the revenue, income, fees or charges that
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0007|     may, pursuant to the provisions of the New Mexico Finance
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0008|     Authority Act and the Drinking Water State Revolving Loan Fund
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0009|     Act, be pledged to the payment of such obligations, and the
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0010|     bonds, notes or certificates shall not create an obligation,
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0011|     debt or liability of the state.  No breach of any pledge,
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0012|     obligation or agreement of the authority shall impose a
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0013|     pecuniary liability upon the state or a charge upon its general
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0014|     credit or taxing power.
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0015|          Section 9.  [<u>NEW MATERIAL</u>]  AGREEMENT OF THE STATE NOT
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0016|     TO LIMIT OR ALTER RIGHTS OF OBLIGEES.--The state hereby pledges
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0017|     to and agrees with the holders of any bonds or other
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0018|     obligations issued under the Drinking Water State Revolving
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0019|     Loan Fund Act and with those parties that enter into contracts
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0020|     or agreements with the department or with the authority
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0021|     pursuant to the  provisions of that act, that the state shall
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0022|     not limit, alter, restrict or impair any rights vested in the
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0023|     authority to fulfill the terms of agreements made with the
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0024|     holders of bonds or other obligations issued pursuant to the
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0025|     Drinking Water State Revolving Loan Fund Act and with the
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0001|     parties who may enter into contracts with a local authority,
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0002|     the department or the authority pursuant to the Drinking Water
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0003|     State Revolving Loan Fund Act, and that the state shall not
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0004|     limit, alter, restrict or impair the rights vested in a local
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0005|     authority or in the department, the board or the authority to
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0006|     fulfill the terms of contracts made with the department or the
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0007|     authority and with parties who enter into contracts with such
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0008|     local authorities.  The state further agrees that it shall not
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0009|     in any way impair the rights or remedies of the holders of such
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0010|     bonds or other obligations of such parties until such bonds and
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0011|     other obligations, together with interest thereon, with
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0012|     interest on any unpaid installment of interest and all costs

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0013|     and expense in connection with any action or proceeding by or
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0014|     on behalf of such holders, are fully met and discharged and
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0015|     such contracts are fully performed on the part of the
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0016|     authority, the department or the local authorities.  Nothing in
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0017|     this subsection precludes such limitation or alteration if and
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0018|     when adequate provision is made by law for the protection of
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0019|     the holders of bonds or other obligations issued by the
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0020|     authority or those entering into such contracts with the
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0021|     authority, or the authority or the department under any
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0022|     contract with a local authority.  The authority or the
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0023|     department may include this pledge and undertaking for the
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0024|     state in such bonds or other obligations and in such contracts.
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0025|          Section 10.  Section 6-21-6.1 NMSA 1978 (being Laws 1994,
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0001|     Chapter 145, Section 2, as amended) is amended to read:
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0002|     "6-21-6.1.  PUBLIC PROJECT REVOLVING FUND--APPROPRIATIONS TO
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0003|     OTHER FUNDS.--
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0004|               A.  The authority and the department of environment
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0005|     may enter into a joint powers agreement pursuant to the Joint
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0006|     Powers Agreements Act for the purpose of describing and
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0007|     allocating duties and responsibilities with respect to creation
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0008|     of an integrated loan and grant program to be financed through
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0009|     issuance of bonds payable from the public project revolving
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0010|     fund.  The bonds may be issued in installments or at one time
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0011|     by the authority in amounts authorized by law.  The net
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0012|     proceeds may be used for purposes of the Wastewater Facility
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0013|     Construction Loan Act, the Rural Infrastructure Act, <s>[or]</s> the
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0014|     Solid Waste Act <u>or the Drinking Water State Revolving Loan
</u>    |
<u></u>0015| <u>    Fund Act</u>. 
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0016|               B.  Public projects funded pursuant to the
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0017|     Wastewater Facility Construction Loan Act, the Rural
    |
0018|     Infrastructure Act <s>[or]</s> the Solid Waste Act <u>or the Drinking
</u>    |
<u></u>0019| <u>    Water State Revolving Loan Fund Act</u> shall not require specific
    |
0020|     authorization by law as required in Sections 6-21-6 and 6-21-8
    |
0021|     NMSA 1978.
    |
0022|               C.  At the end of each fiscal year, after all debt
    |
0023|     service charges, replenishment of reserves and administrative
    |
0024|     costs on all outstanding bonds, notes or other obligations
    |
0025|     payable from the public project revolving fund are satisfied,
    |
0001|     an aggregate amount not to exceed thirty-five percent of the
    |
0002|     governmental gross receipts tax proceeds distributed to the
    |
0003|     public project revolving fund in the preceding fiscal year less
    |
0004|     all debt service charges and administrative costs of the
    |
0005|     authority paid in the preceding fiscal year on bonds issued
    |
0006|     pursuant to this section may be appropriated by the legislature
    |
0007|     from the public project revolving fund to the following funds
    |
0008|     for local infrastructure financing:
    |
0009|                    (1)  the wastewater facility construction loan
    |
0010|     fund for purposes of the Wastewater Facility Construction Loan
    |
0011|     Act;
    |
0012|                    (2)  the rural infrastructure revolving loan
    |
0013|     fund for purposes of the Rural Infrastructure Act; <s>[or]</s>
    |
0014|                    (3)  the solid waste facility grant fund for
    |
0015|     purposes of the Solid Waste Act; <u>or</u>
    |
0016|               <u>    (4)  the drinking water state revolving loan
</u>    |
<u></u>0017| <u>    fund for purposes of the Drinking Water State Revolving Loan
</u>    |
<u></u>0018| <u>    Fund Act</u>. 
    |
0019|               D.  The authority and the department of environment
    |
0020|     in coordination with the New Mexico finance authority oversight
    |
0021|     committee may recommend annually to each regular session of the
    |
0022|     legislature amounts to be appropriated to the funds listed in
    |
0023|     Subsection C of this section for local infrastructure
    |
0024|     financing."
    |
0025|                                                         State of New Mexico
    |
0001|                      House of Representatives
    |
0002|   
    |
0003|                      FORTY-THIRD LEGISLATURE
    |
0004|                        FIRST SESSION, 1997
    |
0005|   
    |
0006|   
    |
0007|                                               February 27, 1997
    |
0008|   
    |
0009|   
    |
0010|   Mr. Speaker:
    |
0011|   
    |
0012|        Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
    |
0013|   to whom has been referred
    |
0014|   
    |
0015|                        HOUSE BILL 592
    |
0016|   
    |
0017|   has had it under consideration and reports same with
    |
0018|   recommendation that it DO PASS, amended as follows:
    |
0019|   
    |
0020|        1.  On page 12, line 8, strike the comma and insert in lieu
    |
0021|   thereof "or".
    |
0022|   
    |
0023|        2.  On page 12, line 8, strike "or condemn".
    |
0024|        
    |
0025|        3.  On page 15, line 24, strike ", the board".,
    |
0001|   
    |
0002|   and thence referred to the APPROPRIATIONS AND FINANCE
    |
0003|   COMMITTEE.
    |
0004|   
    |
0005|                                 Respectfully submitted,
    |
0006|   
    |
0007|   
    |
0008|   
    |
0009|                                 <u>                                
</u>    |
<u></u>0010| <u>  
</u>    |
<u></u>0011| <u>                                </u>                             G. X. McSherry, Chairman
    |
0012|   
    |
0013|   
    |
0014|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0015| <u>   </u>
    |
0016|             (Chief Clerk)                       (Chief Clerk)
    |
0017|   
    |
0018|                        Date <u>            </u>
    |
0019|   
    |
0020|   The roll call vote was<u> 7 </u> For<u> 0 </u> Against
    |
0021|   Yes:      7
    |
0022|             Excused:  Dana, Porter
    |
0023|             Absent:   None
    |
0024|   
    |
0025|   
    |
0001|   .116381.1
    |
0002|   G:\BILLTEXT\BILLW_97\H0592                       State of New Mexico
    |
0003|                      House of Representatives
    |
0004|   
    |
0005|                      FORTY-THIRD LEGISLATURE
    |
0006|                        FIRST SESSION, 1997
    |
0007|   
    |
0008|   
    |
0009|                                                   March 8, 1997
    |
0010|   
    |
0011|   
    |
0012|   Mr. Speaker:
    |
0013|   
    |
0014|        Your APPROPRIATIONS AND FINANCE COMMITTEE, to
    |
0015|   whom has been referred
    |
0016|   
    |
0017|                  HOUSE BILL 592, as amended
    |
0018|                               
    |
0019|   has had it under consideration and reports same with
    |
0020|   recommendation that it DO PASS, amended as follows:
    |
0021|   
    |
0022|        1.  On page 2, between lines 12 and 13, insert the following
    |
0023|   subsection:
    |
0024|   
    |
0025|             "D.  "drinking water supply facility" means any
    |
0001|   structure, facility or equipment necessary for a drinking water
    |
0002|   system or water supply system;".
    |
0003|   
    |
0004|        2.  Reletter succeeding subsections accordingly.
    |
0005|   
    |
0006|        3.  On page 3, line 20, after "authority" insert "and the
    |
0007|   department".
    |
0008|   
    |
0009|        4.  On page 4, line 21, after "authority" insert ", if
    |
0010|   combined with a new project,".
    |
0011|   
    |
0012|        5.  On page 5, line 10, strike "Pursuant" and insert in lieu
    |
0013|   thereof "If needed to cover administrative expenses, pursuant".
    |
0014|   
    |
0015|        6.  On page 7, line 1, after "plan" insert ", as required by
    |
0016|   the Safe Drinking Water Act".
    |
0017|   
    |
0018|        7.  On page 7, line 7, after the period insert "The
    |
0019|   department shall review all proposals for drinking water facility
    |
0020|   construction projects, including, but not limited to, project
    |
0021|   plans and specifications for compliance with the requirements of
    |
0022|   the Safe Drinking Water Act and the requirements of state laws
    |
0023|   and regulations governing the construction and operation of
    |
0024|   drinking water supply facilities.  The department also shall
    |
0025|   determine whether a local authority has demonstrated adequate
    |
0001|   technical and managerial capability to operate the drinking water
    |
0002|   supply facility for its useful life in compliance with the
    |
0003|   requirements of the Safe Drinking Water Act and with the
    |
0004|   requirements of state laws and regulations governing the
    |
0005|   operation of drinking water supply facilities.".
    |
0006|   
    |
0007|         8.  On page 7, between lines 7 and 8, insert the following
    |
0008|   subsection:
    |
0009|   
    |
0010|             "D.  The department and the authority shall enter into
    |
0011|   an agreement for the purpose of describing and allocating duties
    |
0012|   and responsibilities with respect to monitoring the construction
    |
0013|   of drinking water facility construction projects that have been
    |
0014|   provided financial assistance pursuant to the provisions of the
    |
0015|   Drinking Water State Revolving Loan Fund Act to ensure compliance
    |
0016|   with the requirements of the Safe Drinking Water Act and with the
    |
0017|   requirements of state laws and regulations governing construction
    |
0018|   and operation of drinking water supply facilities.".
    |
0019|   
    |
0020|         9.  Reletter succeeding subsections accordingly.
    |
0021|   
    |
0022|        10.  On page 7, line 16, after "authority" insert ", with
    |
0023|   the assistance of the department,".
    |
0024|   
    |
0025|        11.  On page 8, line 13, after the comma insert "developed
    |
0001|   and maintained by the department,".
    |
0002|   
    |
0003|        12.  On page 8, line 15, after "authority" insert "and the
    |
0004|   department".
    |
0005|   
    |
0006|        13.  On page 16, between lines 17 and 18, insert the
    |
0007|   following new section:
    |
0008|   
    |
0009|        "Section 10.  COUNTY OR MUNICIPAL AUTHORITY REGARDING THE
    |
0010|   ENVIRONMENT.--Nothing in the Drinking Water State Revolving Loan
    |
0011|   Fund Act limits or is intended to limit any state, county or
    |
0012|   municipal statute, ordinance or regulation regarding the
    |
0013|   environment or the protection of health and safety.".
    |
0014|   
    |
0015|        14.  Renumber the succeeding section accordingly.
    |
0016|   
    |
0017|   
    |
0018|   .
    |
0019|   
    |
0020|                                 Respectfully submitted,
    |
0021|   
    |
0022|   
    |
0023|   
    |
0024|                                                               <u>                                
</u>    |
<u></u>0025| <u>                                </u>
    |
0001|                                                               Max Coll, Chairman
    |
0002|   
    |
0003|   
    |
0004|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0005| <u>   </u>
    |
0006|             (Chief Clerk)                       (Chief Clerk)
    |
0007|   
    |
0008|                        Date <u>            </u>
    |
0009|   
    |
0010|   The roll call vote was <u>11 </u> For<u> 0 </u> Against
    |
0011|   Yes:      11
    |
0012|             Excused:  Bird, Buffett, Coll, Marquardt, Pearce, Townsend
    |
0013|             Absent:   None
    |
0014|   
    |
0015|   
    |
0016|   .118491.1
    |
0017|   G:\BILLTEXT\BILLW_97\H0592  
    |
0018|   
    |
0019|                      FORTY-THIRD LEGISLATURE
    |
0020|                        FIRST SESSION, 1997
    |
0021|   
    |
0022|   
    |
0023|                                                  March 17, 1997
    |
0024|   
    |
0025|   Mr. President:
    |
0001|   
    |
0002|       Your CONSERVATION COMMITTEE, to whom has been referred
    |
0003|   
    |
0004|                     HOUSE BILL 592, as amended
    |
0005|   
    |
0006|   has had it under consideration and reports same with
    |
0007|   recommendation that it DO PASS, and thence referred to the
    |
0008|   FINANCE COMMITTEE.
    |
0009|   
    |
0010|                                Respectfully submitted,
    |
0011|   
    |
0012|   
    |
0013|   
    |
0014|                                
    |
0015|   __________________________________
    |
0016|                                Michael S. Sanchez, Chairman 
    |
0017|   
    |
0018|   
    |
0019|   
    |
0020|   Adopted_______________________   Not
    |
0021|   Adopted_______________________
    |
0022|             (Chief Clerk)                          (Chief Clerk)
    |
0023|   
    |
0024|   
    |
0025|                     Date ________________________
    |
0001|   
    |
0002|   
    |
0003|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
    |
0004|           Yes:    6
    |
0005|           No:     None
    |
0006|                Excused:     Eisenstadt, Griego, Kysar, Macias
    |
0007|           Absent: None
    |
0008|   
    |
0009|   
    |
0010|   H0592C01
    |
0011|   
    |