HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR
HOUSE BILL 922
49th legislature - STATE OF NEW MEXICO - first session, 2009
AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING THE DRINKING WATER STATE REVOLVING LOAN FUND ACT; EXPANDING THE DEFINITION OF FINANCIAL ASSISTANCE; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 6-21A-3 NMSA 1978 (being Laws 1997, Chapter 144, Section 3, as amended) is amended to read:
"6-21A-3. DEFINITIONS.--As used in the Drinking Water State Revolving Loan Fund Act:
A. "authority" means the New Mexico finance authority;
B. "department" means the department of environment;
C. "drinking water facility construction project" means the acquisition, design, construction, improvement, expansion, repair or rehabilitation of all or part of any structure, facility or equipment necessary for a drinking water system or water supply system;
D. "drinking water supply facility" means any structure, facility or equipment necessary for a drinking water system or water supply system;
E. "financial assistance" means loans; loan subsidies as permitted by law, including principal forgiveness; the purchase or refinancing of debt obligation of a local authority at an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after July 1, 1993; loan guarantees; bond insurance; or security for revenue bonds issued by the authority;
F. "fund" means the drinking water state revolving loan fund;
G. "local authority" means any municipality, county, incorporated county, sanitation district, water and sanitation district or any similar district, public or private water cooperative or association or any similar organization, public or private community water system or nonprofit noncommunity water system or any other agency created pursuant to a joint powers agreement acting on behalf of any entity listed in this subsection with a publicly owned drinking water system or water supply system that qualifies as a community water system or nonprofit noncommunity system as defined by the Safe Drinking Water Act. "Local authority" does not include systems owned by federal agencies;
H. "operate and maintain" means to perform all necessary activities, including the replacement of equipment or appurtenances, to assure the dependable and economical function of a drinking water facility in accordance with its intended purpose; and
I. "Safe Drinking Water Act" means the federal Safe Drinking Water Act as amended in 1996 and its subsequent amendments or successor provisions."
Section 2. Section 6-21A-4 NMSA 1978 (being Laws 1997, Chapter 144, Section 4, as amended) is amended to read:
"6-21A-4. FUND CREATED--ADMINISTRATION.--
A. There is created in the authority a revolving loan fund to be known as the "drinking water state revolving loan fund", which shall be administered by the authority. The authority is authorized to establish procedures required to administer the fund in accordance with the Safe Drinking Water Act and state laws. The authority and the department shall, whenever possible, coordinate application procedures and funding cycles with the New Mexico Community Assistance Act.
B. The following shall be deposited directly in the fund:
(1) grants from the federal government or its agencies allotted to the state for capitalization of the fund;
(2) funds as appropriated by the legislature to implement the provisions of the Drinking Water State Revolving Loan Fund Act or to provide state matching funds that are required by the terms of any federal grant under the Safe Drinking Water Act;
(3) loan principal, interest and penalty payments if required by the terms of any federal grant under the Safe Drinking Water Act;
(4) any other public or private money dedicated to the fund; and
(5) revenue transferred from other state revolving funds.
C. Money in the fund is appropriated for expenditure by the authority in a manner consistent with the terms and conditions of the federal capitalization grants and the Safe Drinking Water Act and may be used:
(1) to provide loans and loan subsidies as permitted by law, including principal forgiveness, for the construction or rehabilitation of drinking water facilities;
(2) to buy or refinance the debt obligation of a local authority at an interest rate that is less than or equal to the market interest rate in any case in which a debt obligation is incurred after July 1, 1993;
(3) to guarantee or purchase insurance for obligations of local authorities to improve credit market access or reduce interest rates;
(4) to provide loan guarantees for similar revolving funds established by local authorities; and
(5) to provide a source of revenue or security for the repayment of principal and interest on bonds issued by the authority if the proceeds of the bonds are deposited in the fund or if the proceeds of the bonds are used to make loans to local authorities to the extent provided in the terms of the federal grant.
D. If needed to cover administrative expenses, pursuant to procedures established by the authority, the authority may impose and collect a fee from each local authority that receives financial assistance from the fund, which fee shall be used solely for the costs of administering the fund and which fee shall be kept outside the fund.
E. Money not currently needed for the operation of the fund or otherwise dedicated may be invested pursuant to the New Mexico Finance Authority Act, and all interest earned on such investments shall be credited to the fund. Money remaining in the fund at the end of the fiscal year shall not revert to the general fund but shall accrue to the credit of the fund.
F. The authority shall maintain full authority for the operation of the fund in accordance with applicable federal and state law, including, in cooperation with the department, ensuring the loan recipients are on the state priority list or otherwise satisfy the Safe Drinking Water Act requirements.
G. The authority shall establish fiscal controls and accounting procedures that are sufficient to assure proper accounting for fund payments, disbursements and balances and shall provide, in cooperation with the department, a biannual report and an annual independent audit on the fund to the governor and to the United States environmental protection agency as required by the Safe Drinking Water Act."
Section 3. Section 6-21A-6 NMSA 1978 (being Laws 1997, Chapter 144, Section 6) is amended to read:
"6-21A-6. FINANCIAL ASSISTANCE--CRITERIA.--
A. Financial assistance shall be provided only to local authorities that:
(1) meet the requirements for financial capability set by the authority to assure sufficient revenues to operate and maintain the drinking water facility for its useful life and to repay the financial assistance to the extent required by state law, the Safe Drinking Water Act and the terms of the loan;
(2) appear on the priority list for the fund, developed and maintained by the department, regardless of rank on such list;
(3) are considered by the authority and the department ready to proceed with the project;
(4) demonstrate adequate technical and managerial capability to operate the drinking water facility for its useful life; and
(5) meet other requirements established by the authority and state laws, including but not limited to procurement, recordkeeping and accounting.
B. Loans from the fund shall be made by the authority only to local authorities that establish one or more dedicated sources of revenue to repay the money received from the fund, to the extent that repayment is required by state laws, the Safe Water Drinking Act and the terms of the loan, and to provide for operation, maintenance and equipment replacement expenses of the drinking water facility proposed for funding.
C. The authority, with assistance from the department, shall establish procedures addressing methods to provide financial assistance to local authorities in accordance with the criteria set forth in the Safe Drinking Water Act, Section 1452 (a) (3).
D. Each loan made by the authority shall provide that repayment of the loan, to the extent repayment is required, shall begin not later than one year after completion of construction of the drinking water facility for which the loan was made and the loan, or the portion of the loan required to be repaid, shall be repaid in full no later than twenty years after completion of the construction, except in the case of a disadvantaged community, in which case the authority may extend the term of the loan as long as the extended term:
(1) terminates not later than the date that is thirty years after the date of project completion; and
(2) does not exceed the expected design life of the project.
E. Financial assistance may be made with an annual interest rate [which] that is less than a market rate as determined by procedures established by the authority and reported annually in the intended use plan prepared by the department, with the assistance of the authority.
F. Financial assistance pursuant to the Drinking Water State Revolving Loan Fund Act shall not be given to a local authority if the authority determines that the financial assistance is for a drinking water facility to be constructed in fulfillment or partial fulfillment of requirements made of a subdivider under the provisions of the Land Subdivision Act or the New Mexico Subdivision Act.
G. Financial assistance may be made to local authorities that employ or contract with a registered professional engineer to provide and be responsible for engineering services on the drinking water facility. Such services, if the authority determines such services are needed, may include but are not limited to an engineering report, facility plans, environmental evaluations, construction contract documents, supervision of construction and start-up services.
H. Financial assistance shall be made only for eligible items as described by authority procedures and as identified pursuant to the Safe Drinking Water Act.
I. Notwithstanding any other provision of the Drinking Water State Revolving Loan Fund Act, financial assistance from the fund may be made to local authorities in accordance with applicable provisions of federal laws and regulations governing the use of funds derived from capitalized grants and other federal funding sources, including funds made available under the Safe Water Drinking Act, the federal American Recovery and Reinvestment Act of 2009 and any other federal law pursuant to which money is provided to the fund."
Section 4. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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