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AN ACT

RELATING TO ECONOMIC DEVELOPMENT; ENACTING THE MANNY HERRERA

ACCESS TO HEALTHY FOODS ACT.

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

Section 1. SHORT TITLE.--This act may be cited as the

"Manny Herrera Access to Healthy Foods Act".

Section 2. DEFINITIONS.--As used in the Manny Herrera

Access to Healthy Foods Act:

A. "board" means the healthy food initiatives

board;

B. "department" means the economic development

department;

C. "financial assistance" means providing grants

or loans on terms and conditions approved by the board; and

D. "qualified project" means a healthy food

initiatives project selected by the board for financial

assistance pursuant to the Manny Herrera Access to Healthy

Foods Act.

Section 3. HEALTHY FOOD INITIATIVES BOARD CREATED.--

A. The "healthy food initiatives board" is created

and is administratively attached to the department.

B. The board shall consist of nine voting members.

C. The six voting ex-officio members are:

(1) the director of the New Mexico

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department of agriculture or the director's designee from the

New Mexico department of agriculture, who shall be chair of

the board;

(2) the secretary of economic development or

the secretary's designee from the department;

(3) the secretary of finance and

administration or the secretary's designee from the department

of finance and administration;

(4) the secretary of health or the

secretary's designee from the department of health;

(5) the secretary of human services or the

secretary's designee from the human services department; and

(6) the secretary of Indian affairs or the

secretary's designee from the Indian affairs department.

D. The following three voting members, who shall

have experience with the process by which food products are

produced and distributed from the producer to the consumer,

shall be appointed by the governor with the advice and consent

of the senate:

(1) a representative from the New Mexico

food and agriculture policy council;

(2) a representative from the transportation

industry; and

(3) a representative from the grocery

industry.

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E. The board shall meet at the call of the chair

or whenever four voting members submit a request in writing to

the chair, but not less than twice each calendar year. A

majority of members constitutes a quorum for the transaction

of business. The affirmative vote of at least a majority of a

quorum shall be necessary for an action to be taken by the

board.

F. Each appointed member of the board shall serve

a two-year term. Vacancies shall be filled by appointment by

the original appointing authority for the remainder of the

unexpired term.

G. Members of the board appointed by the governor

may receive per diem and mileage as provided for nonsalaried

public officers in the Per Diem and Mileage Act and shall

receive no other compensation, perquisite or allowance.

Section 4. HEALTHY FOOD INITIATIVES BOARD--DUTIES.--The

board shall:

A. adopt rules governing terms, conditions and

priorities for providing financial assistance to applicants

proposing projects to improve the access of New Mexicans to

healthy foods, including developing application and evaluation

procedures and forms and qualifications for applicants and for

projects;

B. provide financial assistance to approved

applicants for qualified projects on terms and conditions

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established by the board; and

C. authorize funding for qualified projects,

including:

(1) planning, designing, constructing and

implementing qualified projects;

(2) paying start-up costs, including

financing for capital costs and inventory;

(3) participating in a low-interest

revolving loan fund; and

(4) paying legal costs and fiscal agent fees

associated with the implementation of qualified projects.

Section 5. HEALTHY FOOD INITIATIVES FUND--CREATED--

PURPOSE--APPROPRIATIONS.--

A. The "healthy food initiatives fund" is created

in the state treasury and shall be administered by the

department of finance and administration. The healthy food

initiatives fund shall consist of money that is appropriated,

donated or otherwise accrues to it. Money in the healthy food

initiatives fund shall be invested by the state investment

officer in the manner that land grant permanent funds are

invested pursuant to Chapter 6, Article 8 NMSA 1978. Income

from investment of the healthy food initiatives fund shall be

credited to the fund.

B. The department of finance and administration

may establish procedures and adopt rules as required to

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administer the healthy food initiatives fund and to originate

grants or loans for qualified projects approved by the board.

C. Money in the healthy food initiatives fund is

appropriated to the department of finance and administration

for expenditure to carry out the provisions of the Manny

Herrera Access to Healthy Foods Act by providing grants or

loans for qualified projects. Any unexpended or unencumbered

balance remaining at the end of a fiscal year shall not revert

to the general fund.

Section 6. LEGISLATIVE OVERSIGHT--RULE REVIEW--

REPORT.--

A. Rules proposed by the board and the department

of finance and administration pursuant to the Manny Herrera

Access to Healthy Foods Act shall be approved by the

appropriate legislative interim committee prior to approval.

B. The appropriate legislative interim committee

shall be briefed by the board on grant and loan proposals

submitted to the board and shall review, monitor and provide

assistance and advice concerning grants and loans made by the

board.

C. The board shall report to the appropriate

legislative interim committee no later than October 1 of each

year regarding the total expenditures from the healthy food

initiatives fund for the previous fiscal year, the purposes

for which expenditures were made, an analysis of the progress

of the projects funded and proposals for legislative action in

the subsequent legislative session.

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