NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

SJC

 

DATE TYPED:

2/21/03

 

HB

 

 

SHORT TITLE:

NMFA Projects Without Legislative Approval

 

SB

429/SJCS

 

 

ANALYST:

Kehoe

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

See Narrative

 

 

 

SOURCES OF INFORMATION

 

Responses Received From

 

New Mexico Finance Authority (NMFA)

Energy Minerals & Natural Resources (EMNRD)

 

SUMMARY

 

            Synopsis of Bill

 

Senate Judiciary Committee Substitute for Senate Bill 429 authorizes the NMFA to make loans and grants without specific legislative approval for projects designated as critical economic development projects under certain conditions.

 

Significant Issues

 

SB 429/SJCS gives the NMFA the ability to aid economic development projects between legislative sessions by providing critical infrastructure financing without legislative authorization.  This bill requires certification by the EDD secretary, designation by the NMFA, and review by the Legislative Oversight Committee before a project is approved. 

 

SB 429/SJCS authorizes NMFA to designate an urgent economic development project and provide urgent economic development financing to a qualified entity if the Secretary of the Economic Development Department (EDD) certifies the need for the financing and provides documentation that:  1) the project will have a substantial favorable economic impact and benefit to the entity; 2) financing will prevent a new business from choosing another location outside of the state or that the lack of financing will prevent an existing business from expanding in a timely manner; 3) there is evidence from the business detailing the new or expanded business opportunity and a description of the jobs to be provided and the urgency of the public project; and 4) a resolution has been adopted by the governing body of the qualified entity approving the project and the need for financing. 

 

In addition, the NMFA must find that the timing of the financing is so urgent that the project may be lost if the financing is delayed until specific legislative authorization can be obtained.  The project, the  EDD Secretary’s certification and the NMFA proposed designation would be reviewed by the New Mexico Finance Authority Legislative Oversight Committee.

 

The authority granted in SB 429/SJCS sunsets on June 30, 2006.

 

FISCAL IMPLICATIONS

 

SB 429/SJCS places a limit of $2,000.0 on any economic development project financed under the requirements of this bill and a $20,000.0 limit on the total amount financed under the provisions of this bill in any one fiscal year. 

 

ADMINISTRATIVE IMPLICATIONS

 

The NMFA shall adopt rules governing the process for reviewing urgent economic development projects and the submission of certification requests.

 

OTHER SUBSTANTIVE ISSUES

 

When economic development projects arise that require water or wastewater infrastructure improvements, there is no pool of money to provide assistance. Water can be a significant issue to companies considering relocation or expansion to the state. The existence of the “critical economic development project” section is a remedy and an incentive for business growth in New Mexico.

 

DW/yr