0001| HOUSE BILL 592
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| GARY K. KING
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO DRINKING WATER FACILITIES; CREATING A REVOLVING
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0012| LOAN FUND; ENACTING THE DRINKING WATER STATE REVOLVING LOAN
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0013| FUND ACT; AUTHORIZING ISSUANCE OF DRINKING WATER BONDS BY THE
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0014| NEW MEXICO FINANCE AUTHORITY; AMENDING A CERTAIN SECTION OF THE
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0015| NMSA 1978; MAKING AN APPROPRIATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
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0019| through 9 of this act may be cited as the "Drinking Water State
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0020| Revolving Loan Fund Act".
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0021| Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the
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0022| Drinking Water State Revolving Loan Fund Act is to provide
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0023| local authorities in New Mexico with low-cost financial
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0024| assistance in the construction and rehabilitation of necessary
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0025| drinking water facilities through the creation of a self-
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0001| sustaining revolving loan program so as to improve and protect
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0002| drinking water quality and public health.
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0003| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0004| Drinking Water State Revolving Loan Fund Act:
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0005| A. "authority" means the New Mexico finance
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0006| authority;
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0007| B. "department" means the department of
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0008| environment;
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0009| C. "drinking water facility construction project"
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0010| means the acquisition, design, construction, improvement,
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0011| expansion, repair or rehabilitation of all or part of any
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0012| structure, facility or equipment necessary for a drinking water
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0013| system or water supply systems;
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0014| D. "financial assistance" means loans, the purchase
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0015| or refinancing of debt obligation of a local authority at an
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0016| interest rate that is less than or equal to the market interest
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0017| rate in any case in which a debt obligation is incurred after
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0018| July 1, 1993, loan guarantees, bond insurance or security for
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0019| revenue bonds issued by the authority;
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0020| E. "fund" means the drinking water state revolving
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0021| loan fund;
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0022| F. "local authority" means any municipality,
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0023| county, incorporated county, sanitation district, water and
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0024| sanitation district or any similar district, water cooperative
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0025| or association or any similar organization, or any other agency
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0001| created pursuant to a joint powers agreement acting on behalf
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0002| of any entity listed in this subsection with a publicly owned
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0003| drinking water system or water supply system which qualifies as
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0004| community water system or nonprofit noncommunity system as
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0005| defined by the Safe Drinking Water Act. "Local authority" does
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0006| not include systems owned by federal agencies;
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0007| G. "operate and maintain" means to perform all
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0008| necessary activities, including the replacement of equipment or
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0009| appurtenances, to assure the dependable and economical function
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0010| of a drinking water facility in accordance with its intended
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0011| purpose; and
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0012| H. "Safe Drinking Water Act" means the federal Safe
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0013| Drinking Water Act as amended in 1996 and its subsequent
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0014| amendments or successor provisions.
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0015| Section 4. [NEW MATERIAL] FUND CREATED--
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0016| ADMINISTRATION.--
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0017| A. There is created in the authority a revolving
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0018| loan fund to be known as the "drinking water state revolving
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0019| loan fund", which shall be administered by the authority. The
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0020| authority is authorized to establish procedures required to
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0021| administer the fund in accordance with the Safe Drinking Water
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0022| Act and state laws. The authority shall, whenever possible,
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0023| coordinate application procedures and funding cycles with the
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0024| New Mexico Community Assistance Act.
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0025| B. The following shall be deposited directly in the
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0001| fund:
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0002| (1) grants from the federal government or its
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0003| agencies allotted to the state for capitalization of the fund;
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0004| (2) funds as appropriated by the legislature
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0005| to implement the provisions of the Drinking Water State
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0006| Revolving Loan Fund Act or to provide state matching funds that
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0007| are required by the terms of any federal grant under the Safe
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0008| Drinking Water Act;
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0009| (3) loan principal, interest and penalty
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0010| payments if required by the terms of any federal grant under
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0011| the Safe Drinking Water Act;
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0012| (4) any other public or private money
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0013| dedicated to the fund; and
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0014| (5) revenue transferred from other state
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0015| revolving funds.
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0016| C. Money in the fund is appropriated for
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0017| expenditure by the authority in a manner consistent with the
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0018| terms and conditions of the federal capitalization grants and
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0019| the Safe Drinking Water Act and may be used:
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0020| (1) to provide loans for the construction or
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0021| rehabilitation of drinking water facilities;
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0022| (2) to buy or refinance the debt obligation of
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0023| a local authority at an interest rate that is less than or
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0024| equal to the market interest rate in any case in which a debt
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0025| obligation is incurred after July 1, 1993;
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0001| (3) to guarantee or purchase insurance for
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0002| obligations of local authorities to improve credit market
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0003| access or reduce interest rates;
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0004| (4) to provide loan guarantees for similar
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0005| revolving funds established by local authorities; and
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0006| (5) to provide a source of revenue or security
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0007| for the repayment of principal and interest on bonds issued by
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0008| the authority if the proceeds of the bonds are deposited in the
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0009| fund or if the proceeds of the bonds are used to make loans to
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0010| local authorities to the extent provided in the terms of the
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0011| federal grant.
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0012| D. Pursuant to procedures established by the
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0013| authority, the authority may impose and collect a fee from each
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0014| local authority that receives financial assistance from the
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0015| fund, which fee shall be used solely for the costs of
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0016| administering the fund and which fee shall be kept outside the
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0017| fund.
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0018| E. Money not currently needed for the operation of
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0019| the fund or otherwise dedicated may be invested pursuant to the
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0020| New Mexico Finance Authority Act and all interest earned on
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0021| such investments shall be credited to the fund. Money
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0022| remaining in the fund at the end of the fiscal year shall not
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0023| revert to the general fund but shall accrue to the credit of
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0024| the fund.
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0025| F. The authority shall maintain full authority for
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0001| the operation of the fund in accordance with applicable federal
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0002| and state law, including, but not limited to, in cooperation
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0003| with the department, ensuring the loan recipients are on the
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0004| state priority list or otherwise satisfy the Safe Drinking
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0005| Water Act requirements.
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0006| G. The authority shall establish fiscal controls
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0007| and accounting procedures that are sufficient to assure proper
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0008| accounting for fund payments, disbursements and balances and
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0009| shall provide, in cooperation with the department, a biannual
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0010| report and an annual independent audit on the fund to the
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0011| governor and to the United States environmental protection
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0012| agency as required by the Safe Drinking Water Act.
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0013| Section 5. [NEW MATERIAL] LOAN PROGRAM--
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0014| ADMINISTRATION.--
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0015| A. The authority shall establish a program to
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0016| provide financial assistance from the fund to local
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0017| authorities, individually or jointly, for acquisition,
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0018| construction or modification of drinking water facilities. The
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0019| authority is authorized to enter into memoranda of
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0020| understanding, contracts and other agreements to carry out the
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0021| provisions of the Drinking Water State Revolving Loan Fund Act,
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0022| including but not limited to memoranda of understanding,
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0023| contracts and agreements with federal agencies, the department,
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0024| local authorities and other parties.
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0025| B. The department shall adopt, by regulation, a
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0001| system for the ranking of drinking water facility construction
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0002| projects requesting financial assistance and for the
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0003| development of a priority list which will be part of the annual
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0004| intended use plan.
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0005| C. The department shall adopt regulations or
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0006| internal procedures addressing the mechanism for the
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0007| preparation of the annual intended use plan and the content of
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0008| such plan and shall prepare such plan, with the assistance of
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0009| the authority, as required by the Safe Drinking Water Act and
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0010| the capitalization grant agreement.
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0011| D. The department shall adopt regulations or
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0012| internal procedures establishing the criteria and method for
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0013| the distribution of annual capitalization grant funds between
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0014| the fund and the nonproject activities (set-asides) allowed by
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0015| the Safe Drinking Water Act and for the description in the
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0016| intended use plan and annual report of the financial
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0017| programmatic status of the nonproject activities (set-asides)
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0018| allowed by the Safe Drinking Water Act.
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0019| E. The authority shall establish procedures to
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0020| identify affordability criteria for a disadvantaged community
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0021| and to extend a program to assist such communities.
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0022| F. The department shall set up separate accounts
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0023| outside the fund to use for nonproject (set-asides) activities
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0024| authorized under the Safe Drinking Water Act, Sections 1452 (g)
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0025| and 1452 (k), and the authority shall set up a separate account
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0001| outside the fund for administration of the fund. The
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0002| department shall also provide the additional match for Safe
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0003| Drinking Water Act, Section 1452 (g) (2) activities.
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0004| G. The department shall prepare and submit
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0005| applications for capitalization grants to the United States
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0006| environmental protection agency as required by the Safe
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0007| Drinking Water Act.
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0008| Section 6. [NEW MATERIAL] FINANCIAL ASSISTANCE--
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0009| CRITERIA.--
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0010| A. Financial assistance shall be provided only to
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0011| local authorities that:
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0012| (1) meet the requirements for financial
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0013| capability set by the authority to assure sufficient revenues
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0014| to operate and maintain the drinking water facility for its
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0015| useful life and to repay the financial assistance;
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0016| (2) appear on the priority list for the fund,
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0017| regardless of rank on such list;
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0018| (3) are considered by the authority ready to
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0019| proceed with the project;
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0020| (4) demonstrate adequate technical and
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0021| managerial capability to operate the drinking water facility
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0022| for its useful life; and
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0023| (5) meet other requirements established by the
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0024| authority and state laws, including, but not limited to,
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0025| procurement, recordkeeping and accounting.
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0001| B. Loans from the fund shall be made by the
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0002| authority only to local authorities that establish one or more
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0003| dedicated sources of revenue to repay the money received from
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0004| the fund and to provide for operation, maintenance and
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0005| equipment replacement expenses of the drinking water facility
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0006| proposed for funding.
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0007| C. The authority, with assistance from the
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0008| department, shall establish procedures addressing methods to
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0009| provide financial assistance to local authorities in accordance
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0010| with the criteria set forth in the Safe Drinking Water Act,
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0011| Section 1452 (a) (3).
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0012| D. Each loan made by the authority shall provide
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0013| that repayment of the loan shall begin not later than one year
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0014| after completion of construction of the drinking water facility
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0015| for which the loan was made and shall be repaid in full no
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0016| later than twenty years after completion of the construction,
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0017| except in the case of a disadvantaged community in which case
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0018| the authority may extend the term of the loan, as long as the
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0019| extended term:
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0020| (1) terminates not later than the date that is
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0021| thirty years after the date of project completion; and
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0022| (2) does not exceed the expected design life
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0023| of the project.
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0024| E. Financial assistance may be made with an annual
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0025| interest rate which is less than a market rate as determined by
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0001| procedures established by the authority and reported annually
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0002| in the intended use plan prepared by the department, with the
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0003| assistance of the authority.
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0004| F. Financial assistance pursuant to the Drinking
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0005| Water State Revolving Loan Fund Act shall not be given to a
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0006| local authority, if the authority determines that the financial
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0007| assistance is for a drinking water facility to be constructed
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0008| in fulfillment or partial fulfillment of requirements made of a
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0009| subdivider under the provisions of the Land Subdivision Act or
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0010| the New Mexico Subdivision Act.
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0011| G. Financial assistance may be made to local
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0012| authorities that employ or contract with a registered
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0013| professional engineer to provide and be responsible for
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0014| engineering services on the drinking water facility. Such
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0015| services, if the authority determines such services are needed,
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0016| may include, but are not limited to, an engineering report,
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0017| facility plans, environmental evaluations, construction
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0018| contract documents, supervision of construction and start-up
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0019| services.
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0020| H. Financial assistance shall be made only for
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0021| eligible items as described by authority procedures and as
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0022| identified pursuant to the Safe Drinking Water Act.
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0023| Section 7. [NEW MATERIAL] DEPARTMENT DUTIES--POWERS.--
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0024| A. The department with the approval of the governor
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0025| and as authorized in the intended use plan may transfer up to
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0001| one-third of a wastewater facility construction loan fund
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0002| capitalization grant to the drinking water state revolving loan
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0003| fund; provided the Wastewater Facility Construction Loan Act is
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0004| amended to allow for such transfer. This provision is
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0005| available one year after the receipt of the first full
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0006| capitalization grant for the Drinking Water State Revolving
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0007| Loan Fund Act and will expire with the capitalization grant of
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0008| the year 2002. Before the department makes the transfer, the
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0009| department shall:
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0010| (1) outline the transfer in the applicable
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0011| intended use plans for both the drinking water state revolving
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0012| loan fund and the wastewater facility construction loan fund;
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0013| and
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0014| (2) report the intended transfer to the
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0015| legislature.
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0016| B. The department in the annual intended use plan
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0017| shall certify to the United States environmental protection
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0018| agency the progress made regarding operator certification and
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0019| capacity development programs as they relate to the receipt of
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0020| capitalization grants available from the environmental
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0021| protection agency under the Safe Drinking Water Act.
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0022| Section 8. [NEW MATERIAL] AUTHORITY DUTIES--POWERS.--
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0023| A. The authority with the approval of the governor
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0024| and as authorized in the intended use plan may transfer up to
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0025| one-third of a drinking water state revolving loan fund
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0001| capitalization grant to the wastewater facility construction
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0002| loan fund. This provision is available one year after the
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0003| receipt of the first full capitalization grant and will expire
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0004| with the capitalization grant of the year 2002. Before the
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0005| authority makes the transfer, the authority shall:
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0006| (1) outline the transfer in the applicable
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0007| intended use plans for both the drinking water state revolving
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0008| loan fund and the wastewater facility construction loan fund;
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0009| and
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0010| (2) report the intended transfer to the
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0011| legislature.
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0012| B. The authority will have the power:
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0013| (1) to foreclose upon, attach or condemn any
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0014| drinking water facility, property or interest in the facility
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0015| pledged, mortgaged or otherwise available as security for a
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0016| project financed in whole or in part pursuant to the Drinking
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0017| Water State Revolving Loan Fund Act in the event of a default
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0018| by a local authority;
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0019| (2) to acquire and hold title to or leasehold
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0020| interest in real and personal property and to sell, convey or
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0021| lease that property for the purpose of satisfying a default or
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0022| enforcing the provisions of a loan agreement; and
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0023| (3) to enforce its rights by suit or mandamus
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0024| or may utilize all other available remedies under state law in
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0025| the event of default by a local authority.
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0001| C. The authority will have the power to issue bonds
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0002| or refunding bonds pursuant to the New Mexico Finance Authority
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0003| Act and the Drinking Water State Revolving Loan Fund Act when
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0004| the authority determines that a bond issue is required or
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0005| desirable to implement the provisions of the Drinking Water
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0006| State Revolving Loan Fund Act.
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0007| D. As security for the payment of the principal and
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0008| interest on bonds issued by the authority, the authority is
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0009| authorized to pledge, transfer and assign:
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0010| (1) any obligations of each local authority,
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0011| payable to the authority;
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0012| (2) the security for the local authority
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0013| obligations;
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0014| (3) any grant, subsidy or contribution from
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0015| the United States or any of its agencies or instrumentalities;
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0016| or
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0017| (4) any income, revenues, funds or other money
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0018| of the authority from any other source appropriated or
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0019| authorized for use for the purpose of implementing the
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0020| provisions of the Drinking Water State Revolving Loan Fund Act,
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0021| including the fund.
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0022| E. The bonds and other obligations issued by the
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0023| authority shall be issued and delivered in accordance with the
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0024| provisions of the New Mexico Finance Authority Act and may be
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0025| sold at any time the authority determines appropriate. The
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0001| authority may apply the proceeds of the sale of the bonds to:
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0002| (1) the purposes of the Drinking Water State
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0003| Revolving Loan Fund Act or the purposes for which the fund may
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0004| be used;
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0005| (2) the payment of interest on bonds issued by
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0006| the authority for a period not to exceed three years from the
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0007| date of issuance of the bonds; and
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0008| (3) the payment of all expenses, including
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0009| publication and printing charges, attorney fees, financial
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0010| advisory and underwriter fees and premiums or commissions that
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0011| the authority determines are necessary or advantageous in
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0012| connection with the recommendation, advertisement, sale,
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0013| creation and issuance of bonds.
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0014| F. In the event that funds are not available for a
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0015| loan for a drinking water facility project when application is
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0016| made, in order to accelerate the completion of any drinking
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0017| water facility project, the local authority may, with the
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0018| approval of the authority, obligate such local authority to
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0019| provide local funds to pay that portion of the cost of the
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0020| drinking water facility project that the authority agrees to
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0021| make available by loan, and the authority may reimburse the
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0022| amount expended on its behalf by the local authority.
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0023| G. Authority members or employees and any person
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0024| executing bonds issued pursuant to the New Mexico Finance
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0025| Authority Act and Drinking Water State Revolving Loan Fund Act
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0001| shall not be liable personally on such bonds or be subject to
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0002| any personal liability or accountability by reason of the
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0003| issuance thereof.
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0004| H. All bonds, notes and certificates issued by the
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0005| authority shall be special obligations of the authority,
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0006| payable solely from the revenue, income, fees or charges that
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0007| may, pursuant to the provisions of the New Mexico Finance
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0008| Authority Act and the Drinking Water State Revolving Loan Fund
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0009| Act, be pledged to the payment of such obligations, and the
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0010| bonds, notes or certificates shall not create an obligation,
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0011| debt or liability of the state. No breach of any pledge,
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0012| obligation or agreement of the authority shall impose a
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0013| pecuniary liability upon the state or a charge upon its general
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0014| credit or taxing power.
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0015| Section 9. [NEW MATERIAL] AGREEMENT OF THE STATE NOT
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0016| TO LIMIT OR ALTER RIGHTS OF OBLIGEES.--The state hereby pledges
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0017| to and agrees with the holders of any bonds or other
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0018| obligations issued under the Drinking Water State Revolving
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0019| Loan Fund Act and with those parties that enter into contracts
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0020| or agreements with the department or with the authority
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0021| pursuant to the provisions of that act, that the state shall
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0022| not limit, alter, restrict or impair any rights vested in the
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0023| authority to fulfill the terms of agreements made with the
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0024| holders of bonds or other obligations issued pursuant to the
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0025| Drinking Water State Revolving Loan Fund Act and with the
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0001| parties who may enter into contracts with a local authority,
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0002| the department or the authority pursuant to the Drinking Water
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0003| State Revolving Loan Fund Act, and that the state shall not
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0004| limit, alter, restrict or impair the rights vested in a local
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0005| authority or in the department, the board or the authority to
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0006| fulfill the terms of contracts made with the department or the
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0007| authority and with parties who enter into contracts with such
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0008| local authorities. The state further agrees that it shall not
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0009| in any way impair the rights or remedies of the holders of such
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0010| bonds or other obligations of such parties until such bonds and
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0011| other obligations, together with interest thereon, with
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0012| interest on any unpaid installment of interest and all costs
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0013| and expense in connection with any action or proceeding by or
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0014| on behalf of such holders, are fully met and discharged and
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0015| such contracts are fully performed on the part of the
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0016| authority, the department or the local authorities. Nothing in
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0017| this subsection precludes such limitation or alteration if and
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0018| when adequate provision is made by law for the protection of
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0019| the holders of bonds or other obligations issued by the
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0020| authority or those entering into such contracts with the
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0021| authority, or the authority or the department under any
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0022| contract with a local authority. The authority or the
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0023| department may include this pledge and undertaking for the
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0024| state in such bonds or other obligations and in such contracts.
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0025| Section 10. Section 6-21-6.1 NMSA 1978 (being Laws 1994,
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0001| Chapter 145, Section 2, as amended) is amended to read:
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0002| "6-21-6.1. PUBLIC PROJECT REVOLVING FUND--APPROPRIATIONS TO
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0003| OTHER FUNDS.--
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0004| A. The authority and the department of environment
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0005| may enter into a joint powers agreement pursuant to the Joint
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0006| Powers Agreements Act for the purpose of describing and
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0007| allocating duties and responsibilities with respect to creation
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0008| of an integrated loan and grant program to be financed through
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0009| issuance of bonds payable from the public project revolving
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0010| fund. The bonds may be issued in installments or at one time
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0011| by the authority in amounts authorized by law. The net
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0012| proceeds may be used for purposes of the Wastewater Facility
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0013| Construction Loan Act, the Rural Infrastructure Act, [or] the
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0014| Solid Waste Act or the Drinking Water State Revolving Loan
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0015| Fund Act.
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0016| B. Public projects funded pursuant to the
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0017| Wastewater Facility Construction Loan Act, the Rural
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0018| Infrastructure Act [or] the Solid Waste Act or the Drinking
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0019| Water State Revolving Loan Fund Act shall not require specific
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0020| authorization by law as required in Sections 6-21-6 and 6-21-8
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0021| NMSA 1978.
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0022| C. At the end of each fiscal year, after all debt
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0023| service charges, replenishment of reserves and administrative
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0024| costs on all outstanding bonds, notes or other obligations
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0025| payable from the public project revolving fund are satisfied,
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0001| an aggregate amount not to exceed thirty-five percent of the
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0002| governmental gross receipts tax proceeds distributed to the
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0003| public project revolving fund in the preceding fiscal year less
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0004| all debt service charges and administrative costs of the
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0005| authority paid in the preceding fiscal year on bonds issued
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0006| pursuant to this section may be appropriated by the legislature
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0007| from the public project revolving fund to the following funds
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0008| for local infrastructure financing:
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0009| (1) the wastewater facility construction loan
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0010| fund for purposes of the Wastewater Facility Construction Loan
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0011| Act;
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0012| (2) the rural infrastructure revolving loan
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0013| fund for purposes of the Rural Infrastructure Act; [or]
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0014| (3) the solid waste facility grant fund for
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0015| purposes of the Solid Waste Act; or
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0016| (4) the drinking water state revolving loan
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0017| fund for purposes of the Drinking Water State Revolving Loan
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0018| Fund Act.
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0019| D. The authority and the department of environment
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0020| in coordination with the New Mexico finance authority oversight
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0021| committee may recommend annually to each regular session of the
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0022| legislature amounts to be appropriated to the funds listed in
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0023| Subsection C of this section for local infrastructure
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0024| financing."
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| February 27, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your AGRICULTURE AND WATER RESOURCES COMMITTEE,
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0013| to whom has been referred
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0014|
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0015| HOUSE BILL 592
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0016|
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0017| has had it under consideration and reports same with
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0018| recommendation that it DO PASS, amended as follows:
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0019|
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0020| 1. On page 12, line 8, strike the comma and insert in lieu
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0021| thereof "or".
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0022|
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0023| 2. On page 12, line 8, strike "or condemn".
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0024|
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0025| 3. On page 15, line 24, strike ", the board".,
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0001|
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0002| and thence referred to the APPROPRIATIONS AND FINANCE
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0003| COMMITTEE.
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0004|
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0005| Respectfully submitted,
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| G. X. McSherry, Chairman
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0012|
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0013|
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0014| Adopted Not Adopted
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0015|
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018| Date
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0019|
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0020| The roll call vote was 7 For 0 Against
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0021| Yes: 7
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0022| Excused: Dana, Porter
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0023| Absent: None
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0024|
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0025|
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0001| .116381.1
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0002| G:\BILLTEXT\BILLW_97\H0592 State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION, 1997
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0007|
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0008|
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0009| March 8, 1997
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0015| whom has been referred
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0016|
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0017| HOUSE BILL 592, as amended
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022| 1. On page 2, between lines 12 and 13, insert the following
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0023| subsection:
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0024|
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0025| "D. "drinking water supply facility" means any
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0001| structure, facility or equipment necessary for a drinking water
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0002| system or water supply system;".
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0003|
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0004| 2. Reletter succeeding subsections accordingly.
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0005|
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0006| 3. On page 3, line 20, after "authority" insert "and the
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0007| department".
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0008|
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0009| 4. On page 4, line 21, after "authority" insert ", if
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0010| combined with a new project,".
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0011|
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0012| 5. On page 5, line 10, strike "Pursuant" and insert in lieu
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0013| thereof "If needed to cover administrative expenses, pursuant".
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0014|
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0015| 6. On page 7, line 1, after "plan" insert ", as required by
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0016| the Safe Drinking Water Act".
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0017|
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0018| 7. On page 7, line 7, after the period insert "The
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0019| department shall review all proposals for drinking water facility
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0020| construction projects, including, but not limited to, project
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0021| plans and specifications for compliance with the requirements of
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0022| the Safe Drinking Water Act and the requirements of state laws
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0023| and regulations governing the construction and operation of
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0024| drinking water supply facilities. The department also shall
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0025| determine whether a local authority has demonstrated adequate
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0001| technical and managerial capability to operate the drinking water
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0002| supply facility for its useful life in compliance with the
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0003| requirements of the Safe Drinking Water Act and with the
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0004| requirements of state laws and regulations governing the
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0005| operation of drinking water supply facilities.".
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0006|
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0007| 8. On page 7, between lines 7 and 8, insert the following
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0008| subsection:
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0009|
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0010| "D. The department and the authority shall enter into
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0011| an agreement for the purpose of describing and allocating duties
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0012| and responsibilities with respect to monitoring the construction
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0013| of drinking water facility construction projects that have been
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0014| provided financial assistance pursuant to the provisions of the
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0015| Drinking Water State Revolving Loan Fund Act to ensure compliance
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0016| with the requirements of the Safe Drinking Water Act and with the
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0017| requirements of state laws and regulations governing construction
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0018| and operation of drinking water supply facilities.".
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0019|
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0020| 9. Reletter succeeding subsections accordingly.
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0021|
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0022| 10. On page 7, line 16, after "authority" insert ", with
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0023| the assistance of the department,".
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0024|
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0025| 11. On page 8, line 13, after the comma insert "developed
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0001| and maintained by the department,".
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0002|
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0003| 12. On page 8, line 15, after "authority" insert "and the
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0004| department".
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0005|
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0006| 13. On page 16, between lines 17 and 18, insert the
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0007| following new section:
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0008|
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0009| "Section 10. COUNTY OR MUNICIPAL AUTHORITY REGARDING THE
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0010| ENVIRONMENT.--Nothing in the Drinking Water State Revolving Loan
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0011| Fund Act limits or is intended to limit any state, county or
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0012| municipal statute, ordinance or regulation regarding the
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0013| environment or the protection of health and safety.".
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0014|
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0015| 14. Renumber the succeeding section accordingly.
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0016|
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0017|
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0018| .
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025|
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0001| Max Coll, Chairman
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0002|
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0003|
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0004| Adopted Not Adopted
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0005|
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0006| (Chief Clerk) (Chief Clerk)
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0007|
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0008| Date
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0009|
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0010| The roll call vote was 11 For 0 Against
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0011| Yes: 11
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0012| Excused: Bird, Buffett, Coll, Marquardt, Pearce, Townsend
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0013| Absent: None
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0014|
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0015|
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0016| .118491.1
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0017| G:\BILLTEXT\BILLW_97\H0592
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 17, 1997
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0024|
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0025| Mr. President:
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0001|
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0002| Your CONSERVATION COMMITTEE, to whom has been referred
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0003|
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0004| HOUSE BILL 592, as amended
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0005|
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0006| has had it under consideration and reports same with
|
0007| recommendation that it DO PASS, and thence referred to the
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0008| FINANCE COMMITTEE.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014|
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0015| __________________________________
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0016| Michael S. Sanchez, Chairman
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0017|
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0018|
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0019|
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0020| Adopted_______________________ Not
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0021| Adopted_______________________
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024|
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0025| Date ________________________
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0001|
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0002|
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0003| The roll call vote was 6 For 0 Against
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0004| Yes: 6
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0005| No: None
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0006| Excused: Eisenstadt, Griego, Kysar, Macias
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0007| Absent: None
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0008|
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0009|
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0010| H0592C01
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0011|
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