SENATE BILL 69

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Timothy M. Keller

ENDORSED BY THE NEW MEXICO FINANCE AUTHORITY

OVERSIGHT COMMITTEE

AN ACT

RELATING TO STATEWIDE ECONOMIC DEVELOPMENT; AUTHORIZING THE NEW MEXICO FINANCE AUTHORITY TO SEEK CERTIFICATION TO BE A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AUTHORIZING THE NEW MEXICO FINANCE AUTHORITY TO DETERMINE ELIGIBILITY FOR CERTAIN ECONOMIC DEVELOPMENT FUNDING.

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

     SECTION 1. A new section of the Statewide Economic Development Finance Act is enacted to read:

     "[NEW MATERIAL] ADDITIONAL POWERS--FEDERAL COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAMS.--In addition to other powers granted to the authority, the authority may form one or more nonprofit or for-profit financing entities for the purpose of participation in the federal community development financial institutions fund programs and, pursuant to participation in the federal community development financial institutions fund programs, may:

          A. apply for and obtain one or more certifications for community development financial institutions fund status;

          B. provide financial products to one or more target markets;

          C. provide development services to one or more target markets; and

          D. take all actions necessary or convenient to carry out the purposes of a certified community development financial institution or to participate in the federal community development financial institutions fund programs."

     SECTION 2. Section 6-25-3 NMSA 1978 (being Laws 2003, Chapter 349, Section 3, as amended) is amended to read:

     "6-25-3. DEFINITIONS.--As used in the Statewide Economic Development Finance Act:

          A. "authority" means the New Mexico finance authority;

          B. "department" means the economic development department;

          C. "community development entity" means an entity designed to take advantage of the federal new markets tax credit program;

          D. "economic development assistance provisions" means the economic development assistance provisions of Subsection D of Article 9, Section 14 of the constitution of New Mexico;

          E. "project revenue bonds" means bonds, notes or other instruments authorized in Section 6-25-7 NMSA 1978 and issued by the authority pursuant to the Statewide Economic Development Finance Act on behalf of eligible entities;

          F. "economic development goal" means:

                (1) assistance to rural and underserved areas designed to increase business activity;

                (2) retention and expansion of existing business enterprises;

                (3) attraction of new business enterprises; or

                 (4) creation and promotion of an environment suitable for the support of start-up and emerging business enterprises within the state;

          G. "economic development revolving fund bonds" means bonds, notes or other instruments payable from the fund and issued by the authority pursuant to the Statewide Economic Development Finance Act;

          H. "eligible entity" means a for-profit or not-for-profit business enterprise, including a corporation, limited liability company, partnership or other entity, determined by the [department] authority to be engaged in an enterprise that serves an economic development goal and is suitable for financing assistance;

          I. "federal new markets tax credit program" means the tax credit program codified as Section 45D of the Internal Revenue Code, as that section may be amended or renumbered, and regulations issued pursuant to that section;

           J. "financing assistance" means project revenue bonds, loans, loan participations or loan guarantees provided by the authority to or for eligible entities pursuant to the Statewide Economic Development Finance Act;

          K. "fund" means the economic development revolving fund;

          L. "mortgage" means a mortgage, deed of trust or pledge of any assets as a collateral security;

          M. "opt-in agreement" means an agreement entered into between the department and a qualifying county, a school district and, if applicable, a qualifying municipality that provides for county, school district and, if applicable, municipal approval of a project, subject to compliance with all local zoning, permitting and other land use rules, and for payments in lieu of taxes to the qualifying county, school district and, if applicable, qualifying municipality as provided by the Statewide Economic Development Finance Act;

          N. "payment in lieu of taxes" means the total annual payment, including any state in-lieu payment, paid as compensation for the tax impact of a project, in an amount negotiated and determined in the opt-in agreement between the department and the qualifying county, the school district and, if applicable, the qualifying municipality, which payment shall be distributed to the county, municipality and school district in the same proportion as property tax revenues are normally distributed to those recipients;

          O. "standard project" means land, buildings, improvements, machinery and equipment, operating capital and other personal property for which financing assistance is provided for adequate consideration, taking into account the anticipated quantifiable benefits of the standard project, for use by an eligible entity as:

                (1) industrial or manufacturing facilities;

                (2) commercial facilities, including facilities for wholesale sales and services;

                (3) health care facilities, including hospitals, clinics, laboratory facilities and related office facilities;

                (4) educational facilities, including schools;

                (5) arts, entertainment or cultural facilities, including museums, theaters, arenas or assembly halls; and

                (6) recreational and tourism facilities, including parks, pools, trails, open space and equestrian facilities;

          P. "project" means a standard project or a state project;

          Q. "qualifying municipality or county" means a municipality or county that enters into an opt-in agreement;

          R. "quantifiable benefits" means a project's advancement of an economic development goal as measured by a variety of factors, including:

                (1) the benefits an eligible entity contracts to provide, such as local hiring quotas, job training commitments and installation of public facilities or infrastructure; and

                (2) other benefits such as the total number of direct and indirect jobs created by the project, total amount of annual salaries to be paid as a result of the project, total gross receipts and occupancy tax collections, total property tax collections, total state corporate and personal income tax collections and other fee and revenue collections resulting from the project;

          S. "school district" means a school district where a project is located that is exempt from property taxes pursuant to the Statewide Economic Development Finance Act;

          T. "state in-lieu payment" means an annual payment, in an amount determined by the department, that will be distributed to a qualifying county, a school district and, if applicable, a qualifying municipality in the same proportion as property tax revenues are normally distributed to those recipients;

          U. "state project" means land, buildings or infrastructure for facilities to support new or expanding eligible entities for which financing assistance is provided pursuant to the economic development assistance provisions; and

          V. "tax impact of a project" means the annual reduction in property tax revenue to affected property tax revenue recipients directly resulting from the conveyance of a project to the department."

     SECTION 3. Section 6-25-5 NMSA 1978 (being Laws 2003, Chapter 349, Section 5, as amended) is amended to read:

     "6-25-5. ADDITIONAL DUTIES OF THE ECONOMIC DEVELOPMENT DEPARTMENT AND THE NEW MEXICO FINANCE AUTHORITY--OPT-IN AGREEMENTS.--

          A. [For the purpose of recommending projects to the authority for financing assistance] The department and the authority shall coordinate to:

                (1) survey potential eligible entities and projects and provide outreach services to local governments and eligible entities, for the purpose of identifying and recommending projects to the authority for financing assistance;

                (2) evaluate potential projects for suitability for financing assistance;

                (3) formulate recommendations of projects that are suitable for financing assistance; and

                (4) obtain input and information relevant to the establishment and implementation of criteria for evaluating potential projects.

          B. The department, with such staffing and other assistance from the authority as the department may request, shall propose to enter into opt-in agreements with counties, school districts and municipalities for the purpose of facilitating local government approvals necessary to permit projects to proceed. Opt-in agreements shall provide:

                (1) for project compliance with all applicable local land use regulations;

                (2) for payments in lieu of taxes to qualifying counties, school districts and, if applicable, qualifying municipalities to mitigate the tax impact of a project;

                (3) that financing assistance is conditioned upon compliance with:

                     (a) all applicable ordinances, regulations and codes of a local government concerning planning, zoning and development permitting; and

                     (b) such other requirements as the department and the county, school district and municipality may agree to include;

                (4) that the payments in lieu of taxes shall be distributed in a manner and in amounts calculated in accordance with the provisions of Section 6-25-14 NMSA 1978; and

                (5) that the county, school district or municipality reserves the right to withdraw from the agreement if it determines that the project subject to the agreement does not satisfy the requirements enumerated in the opt-in agreement.

          C. The department shall adopt rules for the exercise of its powers and responsibilities pursuant to the Statewide Economic Development Finance Act."

     SECTION 4. Section 6-25-27 NMSA 1978 (being Laws 2005, Chapter 103, Section 24) is amended to read:

     "6-25-27. PROPRIETARY INFORMATION--CONFIDENTIALITY--PENALTY.--

          A. Information obtained by the department or the authority that is proprietary technical or business information or related to the possible relocation or expansion of an eligible entity or that is of a business enterprise applying for eligible entity status shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act.

          B. It is unlawful for any employee of the department or the authority, or any former employee of the department or the authority, to reveal to any person other than another employee of the department or the authority any confidential information obtained by the department or the authority that is proprietary technical or business information or related to the possible relocation or expansion of an eligible entity or that is of a business enterprise applying for eligible entity status, and not available from public sources, except in response to an order of a district court, an appellate court or a federal court.

          C. Any employee or former employee of the department or the authority who reveals to another person any information that [he] the employee or former employee is prohibited from lawfully revealing is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

- 10 -