SENATE FINANCE COMMITTEE SUBSTITUTE FOR
SENATE CONSERVATION COMMITTEE SUBSTITUTE FOR
SENATE BILL 112
51st legislature - STATE OF NEW MEXICO - second session, 2014
AN ACT
RELATING TO FINANCE; AUTHORIZING THE NEW MEXICO FINANCE AUTHORITY TO MAKE LOANS OR GRANTS FROM THE WATER PROJECT FUND FOR CERTAIN WATER PROJECTS; AUTHORIZING THE NEW MEXICO FINANCE AUTHORITY TO MAKE GRANTS FROM THE ACEQUIA PROJECT FUND FOR CERTAIN ACEQUIA PROJECTS; LIMITING AUTHORIZATIONS TO CURRENT PROJECTS; CHANGING THE APPOINTING POWER FOR SOME WATER TRUST BOARD MEMBERS; REQUIRING CERTAIN REPORTS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. AUTHORIZATION OF QUALIFYING WATER PROJECTS.--Pursuant to the provisions of Section 72-4A-9 NMSA 1978, the legislature authorizes the New Mexico finance authority to make loans or grants from the water project fund to the following qualifying entities for the following qualifying water projects on terms and conditions established by the water trust board and the New Mexico finance authority:
1. to the Canadian River soil and water conservation district in Quay county for a watershed restoration and management project;
2. to the Claunch-Pinto soil and water conservation district for a watershed restoration and management project in Bernalillo, Santa Fe and Torrance counties;
3. to the Ute Creek soil and water conservation district in Harding county for a watershed restoration and management project;
4. to the acequia del Monte de Rio Chiquito in Taos county for a water conservation, treatment, recycling or reuse project;
5. to the city of Clovis in Curry county for a water conservation, treatment, recycling or reuse project;
6. to the city of Rio Rancho in Sandoval county for a water conservation, treatment, recycling or reuse project;
7. to the city of Rio Rancho in Sandoval county for an additional water conservation, treatment, recycling or reuse project;
8. to El Valle water alliance in San Miguel county for a water conservation, treatment, recycling or reuse project;
9. to the Pueblo of Tesuque in Santa Fe county for a water conservation, treatment, recycling or reuse project;
10. to McKinley county for a water storage, conveyance and delivery project;
11. to McKinley county for an additional water storage, conveyance and delivery project;
12. to the Agua Sana water users association in Rio Arriba county for a water storage, conveyance and delivery project;
13. to the Alto Lakes water and sanitation district in Lincoln county for a water storage, conveyance and delivery project;
14. to the Canoncito at Apache Canyon mutual domestic water consumers and sewer water association in Santa Fe county for a water storage, conveyance and delivery project;
15. to the city of Las Vegas in San Miguel county for a water storage, conveyance and delivery project;
16. to the Cuatro Villas mutual domestic water users association in Santa Fe county for a water storage, conveyance and delivery project;
17. to El Creston mutual domestic water consumers association in San Miguel county for a water storage, conveyance and delivery project;
18. to the Eldorado Area water and sanitation district in Santa Fe county for a water storage, conveyance and delivery project;
19. to the greater Glorieta community regional mutual domestic water consumers and sewer association in Santa Fe county for a water storage, conveyance and delivery project;
20. to the Hanover mutual domestic water consumers association in Grant county for a water storage, conveyance and delivery project;
21. to la acequia del Encinal in Mora county for a water storage, conveyance and delivery project;
22. to La Lama mutual domestic water consumers association in Taos county for a water storage, conveyance and delivery project;
23. to the Pojoaque Valley public school district in Santa Fe county for a water storage, conveyance and delivery project;
24. to the Pueblo of Ohkay Owingeh in Rio Arriba county for a water storage, conveyance and delivery project;
25. to the Pueblo of Picuris in Taos county for a water storage, conveyance and delivery project;
26. to the Pueblo of Santa Clara in Rio Arriba county for a water storage, conveyance and delivery project;
27. to the town of Springer in Colfax county for a water storage, conveyance and delivery project;
28. to the town of Taos in Taos county for a water storage, conveyance and delivery project;
29. to the Upper Holman mutual domestic water consumers association in Mora county for a water storage, conveyance and delivery project;
30. to the village of Los Lunas in Valencia county for a water storage, conveyance and delivery project;
31. to the village of Magdalena in Socorro county for a water storage, conveyance and delivery project;
32. to the village of Tijeras in Bernalillo county for a water storage, conveyance and delivery project;
33. to the village of Tularosa in Otero county for a water storage, conveyance and delivery project;
34. to the Guadalupe soil and water conservation district in Guadalupe county for a watershed restoration and management project;
35. to the Merced del Pueblo de Cebolleta in Cibola county for a watershed restoration and management project;
36. to the middle Rio Grande conservancy district in Socorro county for a flood prevention project;
37. to the village of Hatch in Dona Ana county for a flood prevention project;
38. to the city of Deming in Luna county for a water conservation, treatment, recycling or reuse project;
39. to the city of Las Vegas in San Miguel county for a water conservation, treatment, recycling or reuse project;
40. to the Green Ridge mutual domestic water consumers association in Bernalillo county for a water conservation, treatment, recycling or reuse project;
41. to the village of Chama in Rio Arriba county for a water conservation, treatment, recycling or reuse project;
42. to Lea county for a water storage, conveyance and delivery project;
43. to McKinley county for an additional water storage, conveyance and delivery project;
44. to the acequia de la Isla in Mora county for a water storage, conveyance and delivery project;
45. to the Ancones mutual domestic water consumers association in Rio Arriba county for a water storage, conveyance and delivery project;
46. to the city of Belen in Valencia county for a water storage, conveyance and delivery project;
47. to the city of Bloomfield in San Juan county for a water storage, conveyance and delivery project;
48. to the city of Carlsbad in Eddy county for a water storage, conveyance and delivery project;
49. to the city of Deming in Luna county for a water storage, conveyance and delivery project;
50. to the Cottonwood rural water association in Eddy county for a water storage, conveyance and delivery project;
51. to the Desert Aire mutual domestic water and sewer works association in Dona Ana county for a water storage, conveyance and delivery project;
52. to the Garfield mutual domestic water consumers and mutual sewage works association in Dona Ana and Sierra counties for a water storage, conveyance and delivery project;
53. to the Merced del Pueblo de Cebolleta in Cibola county for a water storage, conveyance and delivery project;
54. to the Otis mutual domestic water consumers association in Eddy county for a water storage, conveyance and delivery project;
55. to the Rainsville water and sanitation district in Mora county for a water storage, conveyance and delivery project;
56. to the town of Estancia in Torrance county for a water storage, conveyance and delivery project;
57. to the Valley Estates mutual domestic water and sewer association in Rio Arriba county for a water storage, conveyance and delivery project;
58. to the village of Eagle Nest in Colfax county for a water storage, conveyance and delivery project;
59. to the village of Melrose in Curry county for a water storage, conveyance and delivery project;
60. to the village of Pecos in San Miguel county for a water storage, conveyance and delivery project;
61. to the village of Ruidoso in Lincoln county for a water storage, conveyance and delivery project; and
62. to the village of Ruidoso in Lincoln county for an additional water storage, conveyance and delivery project.
SECTION 2. AUTHORIZATION OF QUALIFYING ACEQUIA WATER PROJECTS.--Pursuant to the provisions of Section 72-4A-9.1
NMSA 1978, the legislature authorizes the New Mexico finance authority to make grants from the acequia project fund to the following qualified entities for the following qualifying acequia water projects on terms and conditions established by the water trust board and the New Mexico finance authority:
1. to Las Vegas acequia madre in San Miguel county for an acequia project;
2. to the acequia del Medio in Rio Arriba county for an acequia project;
3. to the Rio Arriba chili ditch association in Rio Arriba county for an acequia project;
4. to the Santa Fe acequia Barranco Blanco in Santa Fe county for an acequia project; and
5. to the Ensenada acequia in Rio Arriba county for an acequia project.
SECTION 3. A new section of the Water Project Finance Act is enacted to read:
"[NEW MATERIAL] AUTHORIZATION LIMITATIONS.--Money in the water project fund that has not been obligated shall not be used to fund water projects that were authorized in a legislative session prior to the most recent regular legislative session but not funded by the authority; provided that such projects previously authorized by the legislature may be authorized again."
SECTION 4. Section 72-4A-4 NMSA 1978 (being Laws 2001, Chapter 164, Section 4, as amended) is amended to read:
"72-4A-4. WATER TRUST BOARD CREATED.--
A. The "water trust board" is created. The board is composed of the following [sixteen] fifteen members:
(1) the state engineer or the state engineer's designee;
(2) the secretary of finance and administration or the secretary's designee;
[(3) the executive director of the New Mexico finance authority or the executive director's designee;
(4)] (3) the secretary of environment or the secretary's designee;
[(5)] (4) the secretary of energy, minerals and natural resources or the secretary's designee;
[(6) the director of the department of game and fish or the director's designee;
(7)] (5) the director of the New Mexico department of agriculture or the director's designee;
[(8)] (6) the executive director of the New Mexico municipal league or the executive director's designee;
[(9)] (7) the executive director of the New Mexico association of counties or the executive director's designee;
[(10) five] (8) six public members appointed by the [governor and confirmed by the senate and] New Mexico legislative council who represent:
(a) the environmental community;
(b) an irrigation or conservancy district [that uses surface water];
(c) [an irrigation or conservancy district that uses ground water] the agricultural community;
(d) acequia water users; [and]
(e) soil and water conservation districts; and
(f) water associations organized under the Sanitary Projects Act, Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52;
[(11)] (9) one public member appointed by the Indian affairs commission; and
[(12)] (10) one representative of the Navajo Nation who lives in New Mexico appointed by the president of the Navajo Nation [or the president's designee].
B. The chair of the board shall be elected by a quorum of the board members. The board shall meet at the call of the chair or whenever three members submit a request in writing to the chair, but not less often than once 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 present shall be necessary for an action to be taken by the board.
C. Each public member of the board [appointed by the governor] shall be appointed to a four-year term. To provide for staggered terms, two of the initially [governor-appointed] appointed public members shall be appointed for terms of two years and three members for terms of four years. Thereafter, all [governor-appointed] public members shall be appointed for four-year terms. Vacancies in public member positions shall be filled by appointment by the [governor] New Mexico legislative council for the remainder of the unexpired term.
D. Public members of the board shall be reimbursed for attending meetings of the board as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.
E. Public members of the board are appointed public officials of the state while carrying out their duties and activities under the Water Project Finance Act.
F. The public members of the water trust board on July 1, 2014 shall finish out the terms for which they were appointed. If a vacancy occurs in a public member's term after July 1, 2014, the New Mexico legislative council shall fill the vacancy by appointment of a qualified person for the remainder of the term."
SECTION 5. Section 72-4A-10 NMSA 1978 (being Laws 2001, Chapter 164, Section 10) is amended to read:
"72-4A-10. REPORT TO LEGISLATURE.--The board shall report to the legislature no later than October 1 of each calender year the total expenditures from the water project fund and the acequia project fund, their purposes, an analysis of the accomplishments of the expenditures and recommendations for legislative action."
SECTION 6. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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