0001| SENATE BILL 1113 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| JOSEPH A. FIDEL | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO WASTEWATER FACILITIES; AMENDING THE WASTEWATER | 0012| FACILITY CONSTRUCTION LOAN ACT; TRANSFERRING THE ADMINISTRATION | 0013| OF THE WASTEWATER FACILITY CONSTRUCTION LOAN ACT AND FUND TO | 0014| THE NEW MEXICO FINANCE AUTHORITY; AMENDING CERTAIN SECTIONS OF | 0015| THE NMSA 1978. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 74-6A-3 NMSA 1978 (being Laws 1986, | 0019| Chapter 72, Section 3, as amended) is amended to read: | 0020| "74-6A-3. DEFINITIONS.--As used in the Wastewater | 0021| Facility Construction Loan Act: | 0022| A. "authority" means the New Mexico finance | 0023| authority; | 0024| [A.] B. "commission" means the water quality | 0025| control commission; | 0001| [B. "division" means the environmental improvement | 0002| division of the health and environment department;] | 0003| C. "department" means the department of | 0004| environment; | 0005| [C.] D. "financial assistance" means loans, the | 0006| purchase or refinancing of existing local political subdivision | 0007| obligations, loan guarantees, credit enhancement techniques to | 0008| reduce interest on loans and bonds, bond insurance and bond | 0009| guarantees or any combination of these purposes; | 0010| [D.] E. "fund" means the wastewater facility | 0011| construction loan fund; | 0012| [E.] F. "local authority" means any | 0013| municipality, county, incorporated county, sanitation district, | 0014| water and sanitation district or any similar district, | 0015| recognized Indian tribe or other issuing agency created | 0016| pursuant to a joint powers agreement acting on behalf of any | 0017| entity listed in this subsection; | 0018| [F.] G. "operate and maintain" means to perform | 0019| all necessary activities, including replacement of equipment or | 0020| appurtenances, to assure the dependable and economical function | 0021| of a wastewater facility in accordance with its intended | 0022| purpose; | 0023| [G.] H. "wastewater facility" means a publicly | 0024| owned system for treating or disposing of sewage or wastes | 0025| either by surface or underground methods, including any | 0001| equipment, plant, treatment works, structure, machinery, | 0002| apparatus or land, in any combination, that is acquired, used, | 0003| constructed or operated for the storage, collection, reduction, | 0004| recycling, reclamation, disposal, separation or treatment of | 0005| water or wastes or for the final disposal of residues resulting | 0006| from the treatment of water or wastes, such as pumping and | 0007| ventilating stations, facilities, plants and works, outfall | 0008| sewers, interceptor sewers and collector sewers and other real | 0009| or personal property and appurtenances incident to their use or | 0010| operation. "Wastewater facility" also includes a nonpoint | 0011| source water pollution control project as eligible under the | 0012| [federal] Clean Water Act [of 1977]; | 0013| [H.] I. "account" means the wastewater suspense | 0014| account; | 0015| [I. "board" means the state board of finance;] | 0016| J. "bonds" means wastewater bonds or other | 0017| obligations [authorized by the commission to be] issued by | 0018| the [board] authority pursuant to the Wastewater Facility | 0019| Construction Loan Act; | 0020| K. "Clean Water Act" means the federal Clean Water | 0021| Act of 1977 and its subsequent amendments or successor | 0022| provisions; and | 0023| [L. "federal securities" means direct obligations | 0024| of the United States, or obligations the principal and interest | 0025| of which are unconditionally guaranteed by the United States, | 0001| or an ownership interest in either of the foregoing;] | 0002| [M.] L. "force account construction" means | 0003| construction performed by the employees of a local authority | 0004| rather than through a contractor. | 0005| [N. "holders" means persons who are owners of | 0006| bonds, whether registered or not, issued pursuant to the | 0007| Wastewater Facility Construction Loan Act; | 0008| O. "issuing resolution" means a formal statement | 0009| adopted by the board to issue bonds pursuant to the Wastewater | 0010| Facility Construction Loan Act, including any trust agreement, | 0011| trust indenture or similar instrument providing terms and | 0012| conditions for the bonds to be issued; and | 0013| P. "recommending resolution" means a formal | 0014| statement adopted by the commission recommending to the board | 0015| that bonds be issued pursuant to the Wastewater Facility | 0016| Construction Loan Act, including any trust agreement, trust | 0017| indenture or similar instrument providing the terms and | 0018| conditions for the bonds that are issued.]" | 0019| Section 2. Section 74-6A-4 NMSA 1978 (being Laws 1991, | 0020| Chapter 172, Section 4) is amended to read: | 0021| "74-6A-4. FUND CREATED--ADMINISTRATION.-- | 0022| A. There is created in the [state treasury] | 0023| authority a revolving loan fund to be known as the | 0024| "wastewater facility construction loan fund", which shall be | 0025| administered by the [division as agent for the commission] | 0001| authority and operated as a separate account. The | 0002| [commission] authority is authorized to establish | 0003| procedures [and adopt regulations as] required to administer | 0004| the fund in accordance with the Clean Water Act and state law. | 0005| [Any regulations relating to the issuance of bonds and the | 0006| expenditure of proceeds of bond issues shall be approved by the | 0007| board.] The [commission] authority shall, whenever | 0008| possible, coordinate application procedures and funding cycles | 0009| with the New Mexico Community Assistance Act. | 0010| B. The following shall be deposited directly in the | 0011| fund: | 0012| (1) grants from the federal government or its | 0013| agencies allotted to the state for capitalization of the fund; | 0014| (2) funds as appropriated by the legislature | 0015| to implement the provisions of the Wastewater Facility | 0016| Construction Loan Act or to provide state matching funds that | 0017| are required by the terms of any federal grant under the Clean | 0018| Water Act; | 0019| (3) loan principal, interest and penalty | 0020| payments if required by the terms of any federal grant under | 0021| the Clean Water Act; | 0022| (4) money transferred from the account as | 0023| needed to fulfill requirements of the Clean Water Act; and | 0024| (5) any other public or private money | 0025| dedicated to the fund. | 0001| C. Money in the fund is appropriated for | 0002| expenditure by the [commission] authority in a manner | 0003| consistent with the terms and conditions of the federal | 0004| capitalization grants and the Clean Water Act and may be used: | 0005| (1) to provide loans for the construction or | 0006| rehabilitation of wastewater facilities; | 0007| (2) to purchase, refund or refinance | 0008| obligations incurred by local authorities in the state for | 0009| wastewater facilities where the obligations were incurred and | 0010| construction commenced after March 7, 1985; | 0011| (3) to guarantee, or purchase insurance for, | 0012| obligations of local authorities to improve credit market | 0013| access or reduce interest rates; | 0014| (4) to provide a source of revenue or security | 0015| for the payments of principal and interest on bonds | 0016| [recommended by the commission and] issued by the [board] | 0017| authority if the proceeds of the bonds are deposited in the | 0018| fund or if the proceeds of the bonds are used to make loans to | 0019| local authorities to the extent provided in the terms of the | 0020| federal grant; | 0021| (5) to provide loan guarantees for similar | 0022| revolving funds established by local authorities; | 0023| (6) to fund the administrative expenses of the | 0024| [board, the commission and the division] authority | 0025| necessary to implement the provisions of the Wastewater | 0001| Facility Construction Loan Act, including but not limited to | 0002| costs of servicing loans and issuing bonds, fund start-up | 0003| costs, financial management and legal consulting fees and | 0004| reimbursement costs for support services from other state | 0005| agencies; and | 0006| (7) to fund other programs for which the | 0007| federal government authorizes use of wastewater grants or to | 0008| provide for any other expenditure consistent with the Clean | 0009| Water Act grant program and state law. | 0010| D. Pursuant to [regulations adopted by] its | 0011| procedures the [commission, the division] authority may | 0012| impose and collect a fee from each local authority that | 0013| receives financial assistance from the fund, which fee shall be | 0014| used solely for the costs of administering the fund. | 0015| E. Money not currently needed for the operation of | 0016| the fund or otherwise dedicated may be invested according to | 0017| the provisions of [Chapter 6, Article 10 NMSA 1978] the New | 0018| Mexico Finance Authority Act and all interest earned on such | 0019| investments shall be credited to the fund. Money remaining in | 0020| the fund at the end of any fiscal year shall not revert to the | 0021| general fund but shall accrue to the credit of the fund. | 0022| F. [Acting as agent for the commission, the | 0023| division] The authority shall maintain full authority for | 0024| the operation of the fund in accordance with applicable federal | 0025| and state law, including but not limited to [preparing the | 0001| annual intended use plan and] ensuring that loan recipients | 0002| are on the state priority list or otherwise satisfy Clean Water | 0003| Act requirements. | 0004| G. The [division] authority shall establish | 0005| fiscal controls and accounting procedures that are sufficient | 0006| to assure proper accounting for fund payments, disbursements | 0007| and balances and shall provide an annual report and an annual | 0008| independent audit on the fund to the governor and to the United | 0009| States environmental protection agency as required by the Clean | 0010| Water Act. | 0011| H. The balance of the fund shall be transferred | 0012| from the state treasurer to the authority upon the effective | 0013| date of this 1997 act. | 0014| I. All loans held by the division and the | 0015| department shall be transferred on the effective day of this | 0016| 1997 act to the authority." | 0017| Section 3. Section 74-6A-7 NMSA 1978 (being Laws 1991, | 0018| Chapter 172, Section 5) is amended to read: | 0019| "74-6A-7. LOAN PROGRAM--ADMINISTRATION.-- | 0020| A. The [division] authority shall establish a | 0021| program to provide financial assistance to local authorities, | 0022| individually or jointly, for acquisition, construction or | 0023| modification of wastewater facilities. The [division as agent | 0024| of the commission] authority is authorized to enter into | 0025| contracts and other agreements to carry out the provisions of | 0001| the Wastewater Facility Loan Construction Act, including [but | 0002| not limited to] contracts, memoranda of understanding and | 0003| agreements with federal agencies, the department, the | 0004| commission, local authorities and other parties. | 0005| B. The commission shall adopt a system for the | 0006| ranking of wastewater facility construction projects for | 0007| financial assistance. The department shall prepare a priority | 0008| listing of projects using the commission's ranking system and | 0009| submit the list to the authority." | 0010| Section 4. Section 74-6A-8 NMSA 1978 (being Laws 1991, | 0011| Chapter 172, Section 6) is amended to read: | 0012| "74-6A-8. FINANCIAL ASSISTANCE--CRITERIA.-- | 0013| A. Financial assistance shall be provided only to | 0014| local authorities that: | 0015| (1) meet the requirements for financial | 0016| capability set by the [division] authority to assure | 0017| sufficient revenues to operate and maintain the wastewater | 0018| facility for its useful life and to repay the financial | 0019| assistance; | 0020| (2) agree to operate and maintain the | 0021| wastewater facility so that the facility will function properly | 0022| over its structural and material design life; | 0023| (3) agree to maintain separate project | 0024| accounts, to maintain project accounts properly in accordance | 0025| with generally accepted governmental accounting standards and | 0001| to conduct an audit of the project's financial records; | 0002| (4) provide a written assurance, signed by an | 0003| attorney, that the local authority has or will acquire proper | 0004| title, easements and rights-of-way to the property upon or | 0005| through which the wastewater facility proposed for funding is | 0006| to be constructed or extended; | 0007| (5) require the contractor of the wastewater | 0008| facility construction project to post a performance and payment | 0009| bond in accordance with the requirements of Section 13-4-18 | 0010| NMSA 1978 and its subsequent amendments and successor | 0011| provisions; | 0012| (6) provide a written notice of completion and | 0013| start of operation of the wastewater facility; | 0014| (7) appear on the priority list of the fund, | 0015| regardless of rank on such list; and | 0016| (8) provide such information to the | 0017| [division] authority as [required by the commission] it | 0018| requires in order to comply with the provisions of the Clean | 0019| Water Act and state law. | 0020| B. Loans shall be made only to local authorities | 0021| that establish one or more dedicated sources of revenue to | 0022| repay the money received from the [commission] authority | 0023| and to provide for operation, maintenance and equipment | 0024| replacement expenses. A local authority, any existing statute | 0025| to the contrary notwithstanding, may do any of the following: | 0001| (1) obligate itself to pay to the | 0002| [commission] authority at periodic intervals a sum | 0003| sufficient to provide all or any part of bond debt service with | 0004| respect to the bonds [recommended by the commission and] | 0005| issued by the [board] authority to fund the loan for the | 0006| wastewater facility project of the local authority and pay over | 0007| the debt service to the account of the wastewater facility | 0008| project for deposit to the fund; | 0009| (2) fulfill any obligation to pay the | 0010| [commission] authority by the issuance of bonds, notes or | 0011| other obligations in accordance with the laws authorizing | 0012| issuance of local authority obligations; provided however that, | 0013| notwithstanding the provisions of Sections 4-54-3 or 6-15-5 | 0014| NMSA 1978 or other statute or law requiring the public sale of | 0015| local authority obligations, such obligations may be sold at | 0016| private sale to the [commission] authority at the price and | 0017| upon the terms and conditions the local authority shall | 0018| determine; | 0019| (3) levy, collect and pay over to the | 0020| [commission] authority and obligate itself to continue to | 0021| levy, collect and pay over to the [commission] authority | 0022| the proceeds of one or more of the following: | 0023| (a) sewer or waste disposal service fees | 0024| or charges; | 0025| (b) licenses, permits, taxes and fees; | 0001| (c) special assessments on the property | 0002| served or benefited by the wastewater facility project; [and] | 0003| or | 0004| (d) other revenue available to the local | 0005| authority; | 0006| (4) undertake and obligate itself to pay its | 0007| contractual obligation to the [commission] authority solely | 0008| from the proceeds from any of the sources specified in | 0009| Paragraph (3) of this subsection or, in accordance with the | 0010| laws authorizing issuance of local authority obligations, | 0011| impose upon itself a general obligation pledge to the | 0012| [commission] authority additionally secured by a pledge of | 0013| any of the sources specified in Paragraph (3) of this | 0014| subsection; [and] or | 0015| (5) enter into agreements, perform acts and | 0016| delegate functions and duties as its governing body shall | 0017| determine is necessary or desirable to enable the [division as | 0018| agent for the commission] authority to fund a loan to the | 0019| local authority to aid it in the construction or acquisition of | 0020| a wastewater facility project. | 0021| C. Each loan made by the [division as agent for | 0022| the commission] authority shall provide that repayment of | 0023| the loan shall begin not later than one year after completion | 0024| of construction of the wastewater facility project for which | 0025| the loan was made and shall be repaid in full no later than | 0001| twenty years after completion of the construction. All | 0002| principal and interest on loan payments shall be deposited in | 0003| the fund. | 0004| D. Financial assistance shall be made with an | 0005| annual subsidized interest rate to be [five percent or | 0006| less] as determined by the [commission] authority and in | 0007| accordance with the authority's adopted procedures. | 0008| E. A zero-percent interest rate may be approved by | 0009| the [division] authority when the following conditions have | 0010| been met by the local authority: | 0011| (1) the local authority's average user cost is | 0012| at least fifteen dollars ($15.00) per month or a higher amount | 0013| as determined by the [commission] authority; and | 0014| (2) the local authority's median household | 0015| income is less than [three-fourths] a percentage of the | 0016| statewide nonmetropolitan median household income as | 0017| determined by the authority's procedures. | 0018| F. A local authority may use the proceeds from | 0019| financial assistance received under the Wastewater Facility | 0020| Construction Loan Act to provide a local match or any other | 0021| nonfederal share of a wastewater facility construction project | 0022| as allowed pursuant to the Clean Water Act. | 0023| G. Financial assistance received pursuant to the | 0024| Wastewater Facility Construction Loan Act shall not be used by | 0025| a local authority on any wastewater facility project | 0001| constructed in fulfillment or partial fulfillment of | 0002| requirements made of a subdivider under the provisions of the | 0003| Land Subdivision Act or the New Mexico Subdivision Act. | 0004| H. Financial assistance shall be made only to local | 0005| authorities that employ or contract with a registered | 0006| professional engineer to provide and be responsible for | 0007| engineering services on the wastewater facility project. Such | 0008| services include but are not limited to an engineering report, | 0009| construction contract documents, supervision of construction | 0010| and start-up services. | 0011| I. Financial assistance shall be made only for | 0012| eligible items. For financial assistance composed entirely of | 0013| state funds, eligible items include but are not limited to the | 0014| costs of engineering feasibility reports, contracted | 0015| engineering design, inspection of construction, special | 0016| engineering services, start-up services, contracted | 0017| construction, materials purchased or equipment leased for force | 0018| account construction, land or acquisition of existing | 0019| facilities, but eligible items do not include the costs of | 0020| water rights and local authority administrative costs. For | 0021| financial assistance made from federal funds, eligible items | 0022| are those identified pursuant to the Clean Water Act. | 0023| J. In the event of default by the local authority, | 0024| the [commission] authority may enforce its rights by suit | 0025| or mandamus or may utilize all other available remedies under | 0001| state law." | 0002| Section 5. Section 74-6A-9 NMSA 1978 (being Laws 1991, | 0003| Chapter 172, Section 7) is amended to read: | 0004| "74-6A-9. [COMMISSION] AUTHORITY--POWERS.-- | 0005| A. In administering the Wastewater Facility | 0006| Construction Loan Act, the [commission] authority shall | 0007| have the following powers [which may be implemented by the | 0008| division, in addition to those specified in the Water Quality | 0009| Act]: | 0010| (1) to provide financial assistance to local | 0011| authorities to finance all or part of a wastewater facility, | 0012| including all forms of assistance for which the fund may be | 0013| used pursuant to the Wastewater Facility Construction Loan Act; | 0014| [(2) to adopt recommending resolutions | 0015| recommending that the board issue bonds or refunding bonds | 0016| pursuant to the provisions of the Wastewater Facility | 0017| Construction Loan Act; | 0018| (3)] (2) to execute agreements concerning | 0019| state contributions to the fund made pursuant to the Clean | 0020| Water Act, including obligating [the commission] itself to | 0021| pay a portion of the estimated reasonable cost of a wastewater | 0022| facility of a local authority as may be required to meet the | 0023| water quality goals of the Clean Water Act and the state; | 0024| [(4)] (3) to foreclose upon, attach or | 0025| condemn any wastewater facility, property or interest in the | 0001| facility pledged, mortgaged or otherwise available as security | 0002| for a project financed in whole or in part pursuant to the | 0003| Wastewater Facility Construction Loan Act in the event of a | 0004| default by a local authority; | 0005| [(5)] (4) to acquire and hold title to or | 0006| leasehold interest in real and personal property and to sell, | 0007| convey or lease that property for the purpose of satisfying a | 0008| default or enforcing the provisions of a loan agreement; | 0009| [(6) through its agent the division] (5) | 0010| to manage the fund, to grant and administer financial | 0011| assistance to local authorities and to apply for and accept | 0012| grants, including but not limited to capitalization grant | 0013| awards made to the state in accordance with the Clean Water Act | 0014| and the Wastewater Facility Construction Loan Act; | 0015| [(7)] (6) to appoint and employ attorneys, | 0016| financial advisors, underwriters and other experts and agents | 0017| and employees as the business of the [commission] authority | 0018| may require; | 0019| [(8)] (7) to sue or be sued and to | 0020| prosecute and defend, at law or in equity, in any court having | 0021| jurisdiction over the subject matter and the parties to the | 0022| matter; | 0023| [(9)] (8) to collect application, | 0024| origination and administrative fees from the local authority, | 0025| the total of which for any loan shall not exceed four percent | 0001| of the value of the loan requested or authorized; | 0002| [(10)] (9) to adopt [regulations] | 0003| procedures necessary and appropriate to implement the | 0004| provisions of the Wastewater Facility Construction Loan Act; | 0005| and | 0006| [(11)] (10) to have and exercise all the | 0007| rights and powers necessary, incidental to or implied from the | 0008| specific powers enumerated in this section. | 0009| B. Specific powers enumerated in this section shall | 0010| not limit any power necessary or appropriate to carry out the | 0011| purposes and intent of the Wastewater Facility Construction | 0012| Loan Act. | 0013| C. The [commission] authority shall use | 0014| accounting, audit and fiscal procedures conforming to generally | 0015| accepted government accounting standards [and shall otherwise | 0016| prepare audits and budgets in accordance with state law. The | 0017| fiscal year of the commission shall coincide with the fiscal | 0018| year of the state] with respect to the fund. | 0019| D. The [commission] authority shall deliver an | 0020| annual report during the first week of each regular session of | 0021| the legislature on the status of the wastewater facility | 0022| construction loan program and the fund to the governor and | 0023| legislature. | 0024| E. The authority shall have the power to issue | 0025| bonds or refunding bonds pursuant to the New Mexico Finance | 0001| Authority Act and the Wastewater Facility Construction Loan Act | 0002| when the authority determines that a bond issue is required or | 0003| desirable to implement the provisions of the Wastewater | 0004| Facility Construction Loan Act. | 0005| F. As security for the payment of the principal | 0006| and interest on bonds issued by the authority, the authority is | 0007| authorized to pledge, transfer and assign: | 0008| (1) any obligations of each local authority, | 0009| payable to the authority; | 0010| (2) the security for the local authority | 0011| obligations; | 0012| (3) any grant, subsidy or contribution from | 0013| the United States or any of its agencies or instrumentalities; | 0014| or | 0015| (4) any income, revenues, funds or other money | 0016| of the authority from any other source appropriated or | 0017| authorized for use for the purpose of implementing the | 0018| provisions of the Wastewater Facility Construction Loan Act, | 0019| including the fund. | 0020| G. The bonds and other obligations issued by the | 0021| authority shall be issued and delivered in accordance with the | 0022| provisions of the New Mexico Finance Authority Act and may be | 0023| sold at any time the authority determines appropriate. The | 0024| authority may apply the proceeds of the sale of the bonds to: | 0025| (1) the purposes of the Wastewater Facility | 0001| Construction Loan Act or the purposes for which the fund may be | 0002| used; | 0003| (2) the payment of interest on bonds issued by | 0004| the authority for a period not to exceed three years from the | 0005| date of issuance of the bonds; and | 0006| (3) the payment of all expenses, including | 0007| publication and printing charges, attorney fees, financial | 0008| advisory and underwriter fees and premiums or commissions that | 0009| the authority determines are necessary or advantageous in | 0010| connection with the recommendation, advertisement, sale, | 0011| creation and issuance of bonds. | 0012| H. In the event that funds are not available for a | 0013| loan for a drinking water facility project when application is | 0014| made, in order to accelerate the completion of any drinking | 0015| water facility project, the local authority may, with the | 0016| approval of the authority, obligate such local authority to | 0017| provide local funds to pay that portion of the cost of the | 0018| drinking water facility project that the authority agrees to | 0019| make available by loan, and the authority may reimburse the | 0020| amount expended on its behalf by the local authority. | 0021| I. Authority members or employees and any person | 0022| executing bonds issued pursuant to the New Mexico Finance | 0023| Authority Act and the Wastewater Facility Construction Loan Act | 0024| shall not be liable personally on such bonds or be subject to | 0025| any personal liability or accountability by reason of the | 0001| issuance thereof. | 0002| J. All bonds, notes and certificates issued by the | 0003| authority shall be special obligations of the authority, | 0004| payable solely from the revenue, income, fees or charges that | 0005| may, pursuant to the provisions of the New Mexico Finance | 0006| Authority Act and the Wastewater Facility Construction Loan | 0007| Act, be pledged to the payment of such obligations, and the | 0008| bonds, notes or certificates shall not create an obligation, | 0009| debt or liability of the state. No breach of any pledge, | 0010| obligation or agreement of the authority shall impose a | 0011| pecuniary liability upon the state or a charge upon its general | 0012| credit or taxing power." | 0013| Section 6. Section 74-6A-13 NMSA 1978 (being Laws 1991, | 0014| Chapter 172, Section 11) is amended to read: | 0015| "74-6A-13. AGREEMENT OF THE STATE NOT TO LIMIT OR ALTER | 0016| RIGHTS OF OBLIGEES.--The state [hereby] pledges to and agrees | 0017| with the holders of any bonds or other obligations issued under | 0018| the Wastewater Facility Construction Loan Act and with those | 0019| parties who enter into contracts with the commission or with | 0020| the [division] authority pursuant to the provisions of the | 0021| Wastewater Facility Construction Loan Act that the state shall | 0022| not limit, alter, restrict or impair the rights vested in the | 0023| [commission] authority to fulfill the terms of agreements | 0024| made with the holders of bonds or other obligations recommended | 0025| and issued pursuant to the Wastewater Facility Construction | 0001| Loan Act and with the parties who may enter into contracts with | 0002| a local authority, the commission or the authority pursuant | 0003| to the Wastewater Facility Construction Loan Act and that the | 0004| state shall not limit, alter, restrict or impair the rights | 0005| vested in a local authority or in the commission or the | 0006| [board or the division] authority to fulfill the terms of | 0007| contracts made with the commission or the [board] authority | 0008| and with parties who enter into contracts with such local | 0009| authorities or with the [division acting as agent of the | 0010| commission] authority pursuant to the Wastewater Facility | 0011| Construction Loan Act. The state further agrees that it shall | 0012| not in any way impair the rights or remedies of the holders of | 0013| such bonds or other obligations of such parties until such | 0014| bonds and other obligations, together with interest thereon, | 0015| with interest on any unpaid installment of interest and all | 0016| costs and expenses in connection with any action or proceeding | 0017| by or on behalf of such holders, are fully met and discharged | 0018| and such contracts are fully performed on the part of the | 0019| commission, [the board,] the local authorities or the | 0020| [division acting as agent of the commission] authority. | 0021| Nothing in this subsection precludes such limitation or | 0022| alteration if and when adequate provision is made by law for | 0023| the protection of the holders of bonds or other obligations | 0024| [recommended by the commission and] issued by the [board] | 0025| authority or those entering into such contracts with the | 0001| commission, or the commission under any contract with a local | 0002| authority, or with the [division acting as agent for the | 0003| commission] authority. The commission or the [board] | 0004| authority may include this pledge and undertaking for the | 0005| state or the authority in such bonds or other obligations and | 0006| in such contracts." | 0007| Section 7. REPEAL.--Section 74-6A-10 through 74-6A-12 | 0008| NMSA 1978 (being Laws 1991, Chapter 172, Sections 8 through 10) | 0009| are repealed. | 0010|  |