SB 45 — BROADBAND INFRASTRUCTURE

TheC. state board of finance shall schedule the u [ issuance and sale of the bonds in the most expeditious and .226452.4 - 4 - economical manner possible.

The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible.

A multi-term contract for items of tangible h personal property, construction or services except for g o professional services, in an amount under twenty-five thousand t hr g e i k dollars ($25,000), may be entered into for any period of time h r i s deemed to be in the best interests of the state agency or a h , t, local public body not to exceed four years;

provided that the 14e u g e b l e e h term of the contract and conditions of renewal or extension, if n d d i = = o h any, are included in the specifications and funds are available l ] b ,d i a º e for the first fiscal period at the time of contracting.

If the er i = r t 17e w d amount of the contract is twenty-five thousand dollars wm la n o d 18 ($25,000) or more, the term shall not exceed ten years, = = 19 including all extensions and renewals, except that for a a l i a e r 20 contract entered into pursuant to the Public Facility Energy a t m m: 21 Efficiency and Water Conservation Act, the term shall not d r e 22 exceed twenty-five years, including all extensions and c e s k 23 renewals.

Paymentb ande performanced obligationss forº succeedingo t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 5 - e a n be 24d fiscalr periodse l u [ A d ($25,000) or more, the term shall benot subjectexceed ten years, including all extensions and renewals, except that for a contract entered into pursuant to the availabilityPublic Facility Energy Efficiency and uWater [Conservation appropriationAct, ofthe fundsterm therefor.shall not exceed twenty-five years, including all extensions and renewals.

.226452.4Payment -and 5performance -obligations B.for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.

B.

(2) services to design, develop or implement the taxation and revenue information management systems project h authorized by Laws 1997, Chapter 125;

u » r (3) a multi-term contract for the services of t h g e trustees, escrow agents, registrars, paying agents, letter of l i h r i s credit issuers and other forms of credit enhancement and other h , e h similar services, excluding bond attorneys, underwriters and 14t u g e b l financial advisors with regard to the issuance, sale and e e , gh n d d i = = o h delivery of public securities, may be for the life of the l ] b ,d i a º r securities or as long as the securities remain outstanding;

e r = t 17e w d (4) services relating to the implementation, wm la n o d 18m operation: and administration of the Education Trust Act;

=b =r 19e (5)t servicesº relatingo tot measurementn and= a.226452.4AIC lFebruary i8, a2024 e(11:48am) rs 20k verificationm ofe conservation-related- cost6 savings- ande utility a tn me md 21r coste savingsl pursuantu to[ theA Public Facility Energy Efficiency d roperation eand 22administration andof Waterthe ConservationEducation Trust Act;

c(5) eservices srelating kto 23measurement (6)and servicesverification relatingof toconservation-related thecost designsavings and eutility acost nsavings bpursuant 24to engineeringthe ofPublic aFacility stateEnergy publicEfficiency worksand project:Water Conservation Act;

u(6) [services (a)relating for a period not to exceed the .226452.4design -and 6engineering -of requisite time for project completion and a subsequentstate warrantypublic period;works project:

and (b) upon approval of the secretary of finance and administration;

[and] (7) services relating to the design and engineering of a regional water project with an estimated cost of more than five hundred million dollars ($500,000,000):

and[and (8)] (7) services connectedrelating to the design,design 14and engineering orof operationa ofregional broadbandwater infrastructureproject pursuantwith toan theestimated Broadbandcost Accessof andmore Expansionthan Act."five SECTIONhundred 4.million dollars ($500,000,000):

Section(a) 22-24-3for NMSAa 1978period (beingnot Lawsto 1975,exceed ethe th 17requisite Chaptertime 235,for Sectionproject 3,completion asand amended)a issubsequent amendedwarranty tog read:o period;

wand lt nhr dg 18e "22-24-3.i k (b) upon approval of the secretary of h r i s finance and administration;

DEFINITIONS.--Asand usedh in, t, (8) services connected to the Publicdesign, Schoole u g e b l engineering or operation of broadband infrastructure pursuant e e h n d d i = = 19o Capitalh Outlayto Act:the Broadband Access and Expansion Act." l ] b ,d i a º e SECTION 4.

aSection l22-24-3 NMSA 1978 (being Laws 1975, r i a= r t e rw 20d A.Chapter 235, Section 3, as amended) is amended to read:

"authority"m meansa then publico schoold facilities a t m m: 21 authority;

b e d s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 7 - e a n e d r e 22l B.u [ A d "22-24-3.

"buildingDEFINITIONS.--As system"used meansin athe setPublic ofSchool interactingCapital cOutlay eAct: s k 23 parts that makes up a single, nonportable or fixed component of e a n b 24 a facility and that, together with other building systems, u [ makes up an entire integrated facility or property, including .226452.4 - 7 - roofing, electrical distribution, electronic communication, plumbing, lighting, mechanical, fire prevention, facility shell, interior finishes, heating, ventilation and air conditioning systems and school security systems, as defined by the council;

A.

"authority" means the public school facilities authority;

B.

"building system" means a set of interacting parts that makes up a single, nonportable or fixed component of a facility and that, together with other building systems, makes up an entire integrated facility or property, including roofing, electrical distribution, electronic communication, plumbing, lighting, mechanical, fire prevention, facility shell, interior finishes, heating, ventilation and air conditioning systems and school security systems, as defined by the council;

h D.

"constitutional special schools support spaces" u » r means all facilities necessary to support the constitutional t h g e special schools' educational mission that are not included in l i h r i s the constitutional special schools' educational adequacy h , e h standards, including performing arts centers, facilities for 14t u g e b l athletic competition, school district administration and e e , gh n d d i = = o h facility and vehicle maintenance;

l ] b ,d i a º r E.

"council" means the public school capital outlay e r = t 17e w d council;

wm la n o d 18m [F.:

"educationb technologyr infrastructure"e meanst theº =o =t 19n physical= hardware.226452.4AIC andFebruary services8, used2024 to(11:48am) interconnects students,k am l i a e r- 208 teachers,- schoole districts and school buildings necessary to a tn me m 21 support broadband connectivity and remote learning as d r e 22l determinedu by[ theA council;d [F.

c"education etechnology sinfrastructure" kmeans 23the G.]physical F.hardware and services used to interconnect students, teachers, school districts and school buildings necessary to support broadband connectivity and remote learning as determined by the council;

"fund"G.] meansF. the public school capital e a n b 24 outlay fund;

u"fund" [means [H.]the G.public school capital outlay fund;

"maximum[H. allowable gross square foot per .226452.4 - 8 - student" means a determination made by applying the established maximum allowable square foot guidelines for educational facilities based on type of school and number of students in the current published New Mexico public school adequacy planning guide to the department's current year certified first reporting date membership;

[I.]] H.G.

"replacement"maximum costallowable pergross square foot"foot per student" means a determination made by applying the statewideestablished costmaximum perallowable square foot asguidelines establishedfor byeducational facilities based on type of school and number of students in the council;current published New Mexico public school adequacy planning guide to the department's current year certified first reporting date membership;

[J.][I. I.

"school] district"H. includes state-chartered charter schools and the constitutional special schools;

[K.]"replacement J.cost per square foot" means the statewide cost per square foot as established by the h council;

"schoolg districto population[J. density" means the population density on a per square mile basis of a school 14 district as estimated by the authority based on the most current tract level population estimates published by the United States census bureau;

and] eI. t 17 [L.] K.

"school districtdistrict" populationincludes densitystate-chartered factor"t whr lg ne d 18 means zero when the school district population density is = = 19 greater than fifty people per square mile, six-hundredths when a l i ak echarter rschools 20 the school district population density is greater than fifteen a t m m 21 but less than fifty-one persons per square mile and twelve- d r e 22 hundredths when the schoolconstitutional districtspecial populationschools; density is less c e s k 23 than sixteen persons per square mile." e a n b 24 SECTION 5.

Sectionh 22-24-4r NMSAi 1978s (being[K. Laws 1975, u [ Chapter 235, Section 4, as amended) is amended to read:

.226452.4] -J. 9 - "22-24-4.

"school district population density" means h , t, the population density on a per square mile basis of a school e u g e b l district as estimated by the authority based on the most e e h n d d i = = o h current tract level population estimates published by the l ] b ,d i a º e United States census bureau;

and r i = r t e w d [L.

] K.

"school district population density factor" m a n o d m :

b e d s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 9 - e a n e d r e l u [ A d means zero when the school district population density is greater than fifty people per square mile, six-hundredths when the school district population density is greater than fifteen but less than fifty-one persons per square mile and twelve- hundredths when the school district population density is less than sixteen persons per square mile." SECTION 5.

Section 22-24-4 NMSA 1978 (being Laws 1975, Chapter 235, Section 4, as amended) is amended to read:

"22-24-4.

Except as provided in Subsections G and I through [O][O ] N of this section, money in the fund may be used only for capital expenditures deemed necessary by the council h for an adequate educational program.

g o C.

The council may authorize the purchase by the t hr g e i k authority of portable classrooms to be loaned to school h r i s districts to meet a temporary requirement.

Payment for these h , t, purchases shall be made from the fund.

Title to and custody of 14e u g e b l e e h the portable classrooms shall rest in the authority.

The n d d i = = o h council shall authorize the lending of the portable classrooms l ] b ,d i a º e to school districts upon request and upon finding that er i = r t 17e w d sufficient need exists.

Application for use or return of wm la n o d 18m state-owned: portable classroom buildings shall be submitted by = = 19 school districts to the council.

Expensesb ofe maintenanced ofs aº lo it an e= r.226452.4AIC 20February the8, portable2024 classrooms(11:48am) whiles ink them custodye of- the10 authority- e a tn me md 21r e l u [ A d state-owned portable classroom buildings shall be paidsubmitted fromby school districts to the fund;council.

expensesExpenses of maintenance and d r e 22 insurance of the portable classrooms while in the custody of athe cauthority e s k 23 school district shall be thepaid responsibilityfrom of the schoolfund; e a n b 24 district.

Theexpenses councilof maymaintenance authorizeand theinsurance permanent disposition u [ of the portable classrooms bywhile in the authoritycustody withof priora approvalschool .226452.4district -shall 10be -the responsibility of the stateschool boarddistrict. of finance.

The council may authorize the permanent disposition of the portable classrooms by the authority with prior approval of the state board of finance.

Except as provided in Subsection K of this section, the council shall require as a condition of application that a school district have a current five-year facilities plan that shall include a current preventive maintenance plan to which the school adheres for each public h school in the school district.

u » r E.

The council shall review all requests for t h g e assistance from the fund and shall allocate funds only for l i h r i s those capital outlay projects that meet the criteria of the h , e h Public School Capital Outlay Act.

14t u g e b l F.

Money in the fund shall be disbursed by warrant e e , gh n d d i = = o h of the department of finance and administration on vouchers l ] b ,d i a º r signed by the secretary of finance and administration following e r = t 17e w d certification by the council that an application has been wm la n o d 18m approved: or an expenditure has been ordered by a court pursuant = = 19 to Section 22-24-5.4 NMSA 1978.

Atb ther discretione oft theº ao lt in = .226452.4AIC February 8, 2024 (11:48am) s k m e - 11 - e a n e d r 20e council,l moneyu for[ A d approved or an expenditure has been ordered by a projectcourt shallpursuant beto distributedSection as22-24-5.4 follows:NMSA 1978.

aAt t m m 21 (1) up to ten percent of the portiondiscretion of the dcouncil, rmoney efor 22a project costshall funded with distributions from the fund or five c e s k 23 percent of the total project cost, whichever is greater, may be edistributed aas nfollows: b 24 paid to the school district before work commences with the u [ balance of the grant award made on a cost-reimbursement basis;

.226452.4(1) -up 11to -ten percent of the portion of the project cost funded with distributions from the fund or (2)five percent of the counciltotal mayproject authorizecost, paymentswhichever directlyis greater, may be paid to the contractor.school district before work commences with the balance of the grant award made on a cost-reimbursement basis;

or (2) the council may authorize payments directly to the contractor.

Balances in the fund may be annually appropriated for the core administrative functions of the authority pursuant to the Public School Capital Outlay Act, and, in addition, balances in the fund may be expended by the authority, upon approval of the council, for project management h expenses;

u » r (1) the total annual expenditures from the t h g e fund for the core administrative functions pursuant to this l i h r i s subsection shall not exceed five percent of the average annual h , e h grant assistance authorized from the fund during the five 14t u g e b l previous fiscal years;

and e e , gh n d d i = = o h (2) any unexpended or unencumbered balance l ] b ,d i a º r remaining at the end of a fiscal year from the expenditures e r = t 17e w d authorized in this subsection shall revert to the fund.

wm la n o d 18m H.:

Theb fundr maye bet expendedº byo thet counciln for = =.226452.4AIC 19February building8, system2024 repair,(11:48am) renovations ork replacementm initiativese a- l12 i- a e ra 20n withe projectsd tor bee identifiedl byu the[ councilA pursuantd toH. a t m m 21 Section 22-24-4.6 NMSA 1978;

providedThe thatfund moneymay allocatedbe dexpended rby ethe 22council pursuantfor tobuilding thissystem subsectionrepair, shallrenovation beor expendedreplacement withininitiatives threewith cprojects eto sbe kidentified 23by yearsthe ofcouncil thepursuant allocation.to Section 22-24-4.6 NMSA 1978;

eprovided athat nmoney ballocated 24pursuant I.to this subsection shall be expended within three years of the allocation.

TheI. fund may be expended annually by the council u [ for grants to school districts for the purpose of making lease .226452.4 - 12 - payments for facilities, including facilities leased by charter schools.

The fund may be expended annually by the council for grants to school districts for the purpose of making lease payments for facilities, including facilities leased by charter schools.

h (1) the amount of a grant to a school district u » r or charter school shall not exceed:

t h g e (a) the actual annual lease payments l i h r i s owed for leasing a facility;

or h , e h (b) seven hundred dollars ($700) 14t u g e b l multiplied by the MEM using the leased facilities;

provided e e , gh n d d i = = o h that in fiscal year 2009 and in each subsequent fiscal year, l ] b ,d i a º r this amount shall be adjusted by the percentage change between e r = t 17e w d the penultimate calendar year and the immediately preceding wm la n o d 18m calendar: year of the consumer price index for the United = = 19 States, all items, as published by the United States department a l i a e r 20 of labor;

ab tr me mt 21º (2)o at grantn received= for.226452.4AIC theFebruary lease8, payments2024 of(11:48am) ds rk m e 22- a13 charter- schoole maya ben usede byd thatr chartere schooll asu a[ stateA cd ecalendar syear kof 23the matchconsumer necessaryprice toindex obtainfor federalthe grantsUnited pursuantStates, toall theitems, eas apublished nby bthe 24United federalStates Everydepartment Studentof Succeedslabor; Act;

u(2) [a (3)grant atreceived for the endlease payments of eacha fiscalcharter year,school anymay .226452.4be -used 13by -that unexpendedcharter orschool unencumberedas balancea ofstate thematch grantnecessary shallto revertobtain federal grants pursuant to the fund;federal Every Student Succeeds Act;

(3) at the end of each fiscal year, any unexpended or unencumbered balance of the grant shall revert to the fund;

(a) the agreement has been approved pursuant to the provisions of the Public School Lease Purchase h Act;

and u » r (b) the facilities are leased by a t h g e charter school;

l i h r i s (5) if the lease payments are made pursuant to h , e h a financing agreement under which the facilities may be 14t u g e b l purchased for a price that is reduced according to the lease e e , gh n d d i = = o h payments made, neither a grant nor any provision of the Public l ] b ,d i a º r School Capital Outlay Act creates a legal obligation for the e r = t 17e w d school district or charter school to continue the lease from wm la n o d 18m year: to year or to purchase the facilities nor does it create a = = 19 legal obligation for the state to make subsequent grants a l i a e r 20 pursuant to the provisions of this subsection;

andb ar e t mº o t n = .226452.4AIC February 8, 2024 (11:48am) s k m 21e (6)- as14 used- ine a n e d r e l u [ A d year to year or to purchase the facilities nor does it create a legal obligation for the state to make subsequent grants pursuant to the provisions of this subsection:subsection;

dand r(6) eas 22used (a)in "MEM"this means:subsection:

1)(a) the"MEM" averagemeans: full- c e s k 23 time-equivalent enrollment using leased facilities on the e a n b 24 second and third reporting dates of the prior school year;

or1) u [ 2) in the caseaverage offull- antime-equivalent approved charter school that has not .226452.4 - 14 - commenced classroom instruction, the estimated full-time- equivalent enrollment thatusing will use leased facilities inon the firstsecond yearand ofthird instruction,reporting asdates shownof in the approvedprior charter school application;year;

or 2) in the case of an approved charter school that has not commenced classroom instruction, the estimated full-time- equivalent enrollment that will use leased facilities in the first year of instruction, as shown in the approved charter school application;

h J.

In addition to other authorized expenditures u » r from the fund, up to one percent of the average grant t h g e assistance authorized from the fund during the three previous l i h r i s fiscal years may be expended in each fiscal year by the h , e h authority to pay the state fire marshal, the construction 14t u g e b l industries division of the regulation and licensing department e e , gh n d d i = = o h and local jurisdictions having authority from the state to l ] b ,d i a º r permit and inspect projects for expenditures made to permit and e r = t 17e w d inspect projects funded in whole or in part under the Public wm la n o d 18m School: Capital Outlay Act.

Theb authorityr maye entert intoº =o =t 19n contracts= with.226452.4AIC theFebruary state8, fire2024 marshal,(11:48am) thes constructionk am l i a e r- 2015 industries- divisione ora then appropriatee locald authoritiesr toe al tu m[ mA 21d carrySchool outCapital theOutlay provisionsAct. of this subsection.

SuchThe aauthority contract d r e 22 may provideenter forinto initialcontracts estimatedwith payments from the fundstate priorfire cmarshal, e s k 23 to the expendituresconstruction ifindustries thedivision contractor also provides for e a n b 24 additional payments from the fundappropriate iflocal theauthorities actual expenditures u [ exceed the initial payments and for repayments back to thecarry fundout .226452.4 - 15 - if the initialprovisions paymentsof exceedthis thesubsection. actual expenditures.

Such a contract may provide for initial estimated payments from the fund prior to the expenditures if the contract also provides for additional payments from the fund if the actual expenditures exceed the initial payments and for repayments back to the fund if the initial payments exceed the actual expenditures.

Pursuant to guidelines established by the council, allocations from the fund may be made to assist school districts in developing and updating five-year facilities plans h required by the Public School Capital Outlay Act;

provided u » r that:

t h g e (1) no allocation shall be made unless the l i h r i s council determines that the school district is willing and able h , e h to pay the portion of the total cost of developing or updating 14t u g e b l the plan that is not funded with the allocation from the fund.

e e , gh n d d i = = o h Except as provided in Paragraph (2) of this subsection, the l ] b ,d i a º r portion of the total cost to be paid with the allocation from e r = t 17e w d the fund shall be determined pursuant to the methodology in wm la n o d 18m Subsection: B of Section 22-24-5 NMSA 1978;

orb =r e t º o t n = 19.226452.4AIC (2)February the8, allocation2024 from(11:48am) thes fundk maym bee used- a16 l- ie a n e d r 20e tol payu the[ totalA costd ofSubsection developingB orof updatingSection the22-24-5 planNMSA if:1978;

aor t(2) mthe mallocation 21from (a) the schoolfund districtmay hasbe fewerused thanto dpay rthe etotal 22cost an average of sixdeveloping hundredor full-time-equivalentupdating students on the cplan eif: s k 23 second and third reporting dates of the prior school year;

or(a) ethe aschool ndistrict bhas 24fewer (b)than an average of six hundred full-time-equivalent students on the schoolsecond districtand meetsthird allreporting dates of the uprior [school followingyear; requirements:

1)or (b) the school district hasmeets fewerall than .226452.4 - 16 - an average of one thousand full-time-equivalent students on the secondfollowing andrequirements: third reporting dates of the prior school year;

1) the school district has fewer than an average of one thousand full-time-equivalent students on the second and third reporting dates of the prior school year;

and 4) for all educational purposes, the school district has a residential property tax h rate of at least seven dollars ($7.00) on each one thousand u » r dollars ($1,000) of taxable value, as measured by the sum of t h g e all rates imposed by resolution of the local school board plus l i h r i s rates set to pay interest and principal on outstanding school h , e h district general obligation bonds.

14t u g e b l L.

Upon application by a school district, e e , gh n d d i = = o h allocations from the fund may be made by the council for the l ] b ,d i a º r purpose of demolishing abandoned school district facilities;

e r = t 17e w d provided that:

wm la n o d 18m (1): the costs of continuing to insure an = = 19 abandoned facility outweigh any potential benefit when and if a a l i a e r 20 new facility is needed by the school district;

ab r e t mº mo 21t (2)n there= is.226452.4AIC noFebruary practical8, use2024 for(11:48am) thes k m e - 17 - e a n e d r e 22l abandonedu facility[ withoutA d (1) the expenditurecosts of substantialcontinuing cto einsure san kabandoned 23facility renovationoutweigh costs;any potential benefit when and if a new facility is needed by the school district;

and(2) ethere ais nno bpractical 24use (3)for the council may enter into an agreement u [ with the school district to fully fund the demolition of the .226452.4 - 17 - abandoned school district facility ifwithout Paragraphsthe (1)expenditure and (2) of thissubstantial subsectionrenovation arecosts; satisfied.

and (3) the council may enter into an agreement with the school district to fully fund the demolition of the abandoned school district facility if Paragraphs (1) and (2) of this subsection are satisfied.

h N.] M.

The fund may be expended in each of fiscal g o years 2020 through 2024 for a pre-kindergarten classroom t hr g e i k facilities initiative project in accordance with Section h r i s 22-24-12 NMSA 1978.

h , t, [O.] N.

The council may fund pre-kindergarten 14e u g e b l classrooms with a qualifying, awarded standards-based project;

e e h n d d i = = o h provided that pre-kindergarten classroom space shall not be l ] b ,d i a º e included in the project prioritization calculation adopted by er i = r t 17e w d the council pursuant to Section 22-24-5 NMSA 1978.

The council wm la n o d 18m shall: develop pre-kindergarten classroom standards to use when = = 19 funding pre-kindergarten space." a l i a e r 20 SECTION 6.

Sectionb 22-24-5e NMSAd 1978s (beingº Lawso 1975,t an t= m.226452.4AIC February 8, 2024 (11:48am) s k m 21e Chapter- 235,18 Section- 5,e asa amended)n ise amendedd r e l u [ A d shall develop pre-kindergarten classroom standards to read:use when funding pre-kindergarten space." SECTION 6.

dSection r22-24-5 eNMSA 221978 "22-24-5.(being Laws 1975, Chapter 235, Section 5, as amended) is amended to read:

PUBLIC"22-24-5. SCHOOL CAPITAL OUTLAY PROJECTS-- c e s k 23 APPLICATION--GRANT ASSISTANCE.-- e a n b 24 A.

ApplicationsPUBLIC forSCHOOL grantCAPITAL assistance,OUTLAY approvalPROJECTS-- ofAPPLICATION--GRANT uASSISTANCE.-- [A. applications, prioritization of projects and grant awards shall .226452.4 - 18 - be conducted pursuant to the provisions of this section.

Applications for grant assistance, approval of applications, prioritization of projects and grant awards shall be conducted pursuant to the provisions of this section.

(1) all school districts are eligible to apply for funding from the fund, regardless of percentage of h indebtedness;

g o (2) priorities for funding shall be determined t hr g e i k by using the statewide adequacy standards developed pursuant to h r i s Subsection C of this section;

h , t, (a) the council shall apply the 14e u g e b l e e h standards to charter schools to the same extent that they are n d d i = = o h applied to other public schools;

l ] b ,d i a º e (b) the council may award grants er i = r t 17e w d annually to school districts for the purpose of repairing, wm la n o d 18m renovating: or replacing public school building systems in = = 19 existing buildings as identified in Section 22-24-4.6 NMSA a l i a e r 20 1978;

ab e d s º o t mn = .226452.4AIC February 8, 2024 (11:48am) s k m 21e (c)- the19 council- shalle adopta andn applye d r e 22l adequacyu standards[ appropriateA tod therenovating uniqueor needsreplacing ofpublic theschool cbuilding esystems sin kexisting 23buildings constitutionalas specialidentified schools;in Section 22-24-4.6 NMSA 1978;

and(c) ethe acouncil nshall badopt 24and (d)apply inadequacy anstandards emergencyappropriate into which the healthunique uneeds [ or safety of students or school personnel is at immediate risk .226452.4 - 19 - or in which there is a threat of significant property damage, the councilconstitutional mayspecial awardschools; grant assistance for a project using criteria other than the statewide adequacy standards;

and (d) in an emergency in which the health or safety of students or school personnel is at immediate risk or in which there is a threat of significant property damage, the council may award grant assistance for a project using criteria other than the statewide adequacy standards;

h (a) the feasibility of using design, g o build and finance arrangements for public school capital outlay t hr g e i k projects;

h r i s (b) the potential use of more durable h , t, construction materials that may reduce long-term operating 14e u g e b l costs;

e e h n d d i = = o h (c) concepts that promote efficient but l ] b ,d i a º e flexible utilization of space;

and er i = r t 17e w d (d) any other financing or construction wm la n o d 18m concept: that may maximize the dollar effect of the state grant = = 19 assistance;

ab l i a e rd 20s (4)º noo moret thann ten= percent.226452.4AIC ofFebruary the8, combined2024 a(11:48am) ts mk m 21e total- of20 grants- ine a fundingn cyclee shalld ber usede forl u [ A d rconcept ethat 22may retrofittingmaximize existingthe facilitiesdollar foreffect technologyof infrastructure;the state grant assistance;

c(4) e s k 23 (5) no latermore than Mayten 1percent of eachthe calendarcombined year,total eof agrants nin ba 24funding thecycle phase two formula value shall be calculatedused for eachretrofitting schoolexisting ufacilities [for districttechnology ininfrastructure; accordance with the following procedure:

.226452.4(5) -no 20later -than (a)May the1 sum of theeach finalcalendar prioryear, fivethe yearsphase nettwo taxableformula value forshall abe schoolcalculated district multiplied by nine ten-thousandths for thateach school district isin calculatedaccordance forwith eachthe schoolfollowing district;procedure:

(a) the sum of the final prior five years net taxable value for a school district multiplied by nine ten-thousandths for that school district is calculated for each school district;

h (c) the value calculated pursuant to u » r Subparagraph (a) of this paragraph divided by the value t h g e calculated pursuant to Subparagraph (b) of this paragraph is l i h r i s calculated for each school district;

h , e h (d) in those instances in which the 14t u g e b l calculation pursuant to Subparagraph (c) of this paragraph e e , gh n d d i = = o h yields a value equal to or greater than one, the phase two l ] b ,d i a º r formula value shall be zero for the subject school district;

e r = t 17e w d (e) in those instances in which the wm la n o d 18 calculation pursuant to Subparagraph (c) of this paragraph = = 19 yields a value of ninety-hundredths or more but less than one, a l i a e r 20 the phase two formula value shall be one minus the value a t m m: 21 calculated in Subparagraph (c) of this paragraph;

andb d r e 22t (f)º ino thoset instancesn in= which.226452.4AIC theFebruary c8, e2024 (11:48am) s k 23m e - 21 - e a n e d r e l u [ A d calculation pursuant to Subparagraph (c) of this paragraph eyields a nvalue bof 24ninety-hundredths yieldsor amore valuebut less than ninety-hundredths,one, the phase two u [ formula value shall be one minus the value calculated in .226452.4 - 21 - Subparagraph (c) of this paragraphparagraph; plus the school district population density factor;

and (f) in those instances in which the calculation pursuant to Subparagraph (c) of this paragraph yields a value less than ninety-hundredths, the phase two formula value shall be one minus the value calculated in Subparagraph (c) of this paragraph plus the school district population density factor;

Except as provided in Section 22-24-5.7 NMSA 1978 and except as adjusted pursuant to Paragraph (8), (9) or (10) of this subsection, the amount to be distributed from the fund for an approved project shall equal h the total project cost multiplied by the following percentage, u » r except that in no case shall the state share be less than six t h g e percent:

l i h r i s (a) for fiscal year 2024 through fiscal h , e h year 2026, the percentage shall be the phase two formula value 14t u g e b l plus a percentage equal to one-third of the difference between e e , gh n d d i = = o h one and the phase two formula value;

provided that, for school l ] b ,d i a º r districts with fewer than 200 MEM, the percentage shall be the e r = t 17e w d phase two formula value plus a percentage equal to one-half of wm la n o d 18m the: difference between one and the phase two formula;

andb =r e t º o t n = 19.226452.4AIC (b)February for8, fiscal2024 year(11:48am) 2027s andk thereafter,m ae l- i22 - e a n e d r 20e l u [ A d the percentagedifference shallbetween beone and the phase two formulaformula; value;

aand t(b) mfor mfiscal 21year (7)2027 asand usedthereafter, inthe thispercentage subsection:shall be the phase two formula value;

d(7) ras eused 22in (a)this "governmentalsubsection: entity" includes an c e s k 23 Indian nation, tribe or pueblo;

e(a) a"governmental nentity" bincludes 24an (b)Indian "phasenation, twotribe formulaor value"pueblo; for a u [ state-chartered charter school means the phase two formula .226452.4 - 22 - value calculated pursuant to Paragraph (5) of this subsection for the school district in which the state-chartered charter school is physically located;

(b) "phase two formula value" for a state-chartered charter school means the phase two formula value calculated pursuant to Paragraph (5) of this subsection for the school district in which the state-chartered charter school is physically located;

and (d) "total project cost" means the total h amount necessary to complete the public school capital outlay g o project less any insurance reimbursement received by the school t hr g e i k district for the project;

h r i s (8) the amount calculated pursuant to h , t, Paragraph (6) of this subsection may be increased by an 14e u g e b l additional five percent if the council finds that the subject e e h n d d i = = o h school district has been exemplary in implementing and l ] b ,d i a º e maintaining a preventive maintenance program.

The council er i = r t 17e w d shall adopt such rules as are necessary to implement the wm la n o d 18m provisions: of this paragraph;

=b =e 19d (9)s theº councilo mayt adjustn the= amount.226452.4AIC ofFebruary local8, a2024 l(11:48am) is ak m e r- 2023 share- otherwisee required if it determines that a schooln ae td mr me 21l districtu has[ madeA ad good-faithprovisions effort to use all of itsthis localparagraph; d r e 22 resources.

Before(9) makingthe anycouncil adjustmentmay toadjust the amount of local share,share cotherwise erequired sif kit 23determines thethat councila shallschool considerdistrict whether:has made a good-faith effort to use all of its local resources.

eBefore amaking nany badjustment 24 (a) the school district has insufficient u [ bonding capacity over the next four years to provide the local .226452.4share, - 23 - match necessary to complete the projectcouncil and,shall forconsider allwhether: educational purposes, has a residential property tax rate of at least ten dollars ($10.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

(a) the school district has insufficient bonding capacity over the next four years to provide the local match necessary to complete the project and, for all educational purposes, has a residential property tax rate of at least ten dollars ($10.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

1) has fewer h than an average of eight hundred full-time-equivalent students u » r on the second and third reporting dates of the prior school t h g e year;

2) has at least seventy percent of its students eligible l i h r i s for free or reduced-fee lunch;

3) has a share of the total h , e h project cost, as calculated pursuant to provisions of this 14t u g e b l section, that would be greater than fifty percent;

and 4) for e e , gh n d d i = = o h all educational purposes, has a residential property tax rate l ] b ,d i a º r of at least seven dollars ($7.00) on each one thousand dollars e r = t 17e w d ($1,000) of taxable value, as measured by the sum of all rates wm la n o d 18m imposed: by resolution of the local school board plus rates set = = 19 to pay interest and principal on outstanding school district a l i a e r 20 general obligation bonds;

orb ar e t mº o t n = .226452.4AIC February 8, 2024 (11:48am) s k m 21e (c)- 24 - e a n e d r e l u [ A d imposed by resolution of the local school district:board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

1)or has(c) an d r e 22 enrollment growth rate over the previous school yeardistrict: of at c e s k 23 least two and one-half percent;

2)1) pursuanthas toan itsenrollment five-yeargrowth erate aover nthe bprevious 24 facilities plan, will be building a new school withinyear theof nextat uleast [ two years;and one-half percent;

and2) 3)pursuant forto allits educationalfive-year purposes,facilities hasplan, awill .226452.4be -building 24a -new residentialschool propertywithin tax rate of at least ten dollars ($10.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sumnext oftwo allyears; rates imposed by resolution of the local school board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

(10)and the3) localfor matchall foreducational thepurposes, constitutionalhas speciala schoolsresidential shallproperty betax setrate of at fiftyleast percentten fordollars projects($10.00) thaton qualifyeach underone thethousand educationaldollars adequacy($1,000) categoryof andtaxable onevalue, hundredas percentmeasured forby projectsthe thatsum qualifyof inall rates imposed by resolution of the supportlocal spacesschool category;board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

provided(10) that the councillocal maymatch adjustfor orthe waiveconstitutional thespecial amountschools ofshall anybe directset appropriationat offsetfifty topercent orfor localprojects sharethat requiredqualify forunder the constitutionaleducational specialadequacy schoolscategory ifand anone applicanthundred constitutionalh specialpercent schoolfor hasprojects insufficientthat orqualify noin localthe 14support resourcesspaces available;u » r category;

andprovided (11)that nothe applicationcouncil formay grantadjust assistanceor fromwaive the fundt shallh beg approvede unlessamount of any direct appropriation offset to or local share l i h r i s required for the councilconstitutional determinesspecial that:schools if an applicant h , e h constitutional special school has insufficient or no local t u g e b l resources available;

and e te 17, (a)gh then publicd schoold capitali outlay= w= lo nh d(11) 18no projectapplication isfor neededgrant andassistance includedfrom inl the] schoolb district's,d five-i =a =º 19r yearthe facilitiesfund planshall amongbe itsapproved topunless priorities;the council determines that:

ae lr i= at e rw 20d (b)(a) the public school districtcapital hasoutlay usedm its a tn mo d m 21: capital resources in a prudent manner;

db r e 22t (c)º theo schoolt districtn has= provided.226452.4AIC cFebruary e8, 2024 (11:48am) s k 23m insurancee for- buildings25 of- thee schoola districtn ine accordanced r e al nu b[ 24A withd project is needed and included in the provisionsschool ofdistrict's Sectionfive- 13-5-3year NMSAfacilities 1978;plan among its top priorities;

u(b) [ (d) the school district has submittedused aits .226452.4capital -resources 25in -a five-yearprudent facilitiesmanner; plan that includes:

(c) the school district has provided insurance for buildings of the school district in accordance with the provisions of Section 13-5-3 NMSA 1978;

(d) the school district has submitted a five-year facilities plan that includes:

2) a current preventive maintenance plan that has been approved by the council pursuant to Section 22-24-5.3 NMSA 1978 and that is followed by each public school in the district;

(e) the school district is willing and h able to pay any portion of the total cost of the public school u » r capital outlay project that, according to Paragraph (6), (8) or t h g e (9) of this subsection, is not funded with grant assistance l i h r i s from the fund;

h , e h (f) the application includes the capital 14t u g e b l needs of any charter school located in the school district or e e , gh n d d i = = o h the school district has shown that the facilities of the l ] b ,d i a º r charter school have a smaller deviation from the statewide e r = t 17e w d adequacy standards than other district facilities included in wm la n o d 18m the: application;

andb =r =e 19t (g)º theo schoolt districtn has= agreed,.226452.4AIC inFebruary a8, l2024 i(11:48am) as ek rm 20e writing,- to26 comply- withe any reporting requirements or a tn me md 21r conditionse imposedl byu the[ councilA pursuant to Section 22-24-5.1 d rthe eapplication; 22 NMSA 1978.

cand e(g) sthe kschool 23district C.has agreed, in writing, to comply with any reporting requirements or conditions imposed by the council pursuant to Section 22-24-5.1 NMSA 1978.

AfterC. consulting with the public school capital e a n b 24 outlay oversight task force and other experts, the council u [ shall regularly review and update statewide adequacy standards .226452.4 - 26 - applicable to all school districts.

After consulting with the public school capital outlay oversight task force and other experts, the council shall regularly review and update statewide adequacy standards applicable to all school districts.

Except as otherwise provided in the Public School Capital Outlay Act, the amount of outstanding deviation from the standards shall be used by the council in evaluating h and prioritizing public school capital outlay projects.

u » r D.

The acquisition of a facility by a school t h g e district or charter school pursuant to a financing agreement l i h r i s that provides for lease payments with an option to purchase for h , e h a price that is reduced according to lease payments made may be 14t u g e b l considered a public school capital outlay project and eligible e e , gh n d d i = = o h for grant assistance under this section pursuant to the l ] b ,d i a º r following criteria:

e r = t 17e w d (1) no grant shall be awarded unless the wm la n o d 18 council determines that, at the time of exercising the option = = 19 to purchase the facility by the school district or charter a l i a e r 20 school, the facility will equal or exceed the statewide a t m m: 21 adequacy standards and the building standards for public school d r e 22 facilities;

cb r e st kº 23o (2)t non grant= shall.226452.4AIC beFebruary awarded8, unless2024 the(11:48am) s k m e - 27 - e a n be 24d schoolr districte andl u [ A d council determines that, at the needtime forof exercising the facilityoption meetto allpurchase ofthe facility by the uschool [district requirementsor forcharter grantschool, assistancethe pursuantfacility towill equal or exceed the Publicstatewide Schooladequacy .226452.4standards -and 27the -building Capitalstandards Outlayfor Act;public school facilities;

(2) no grant shall be awarded unless the school district and the need for the facility meet all of the requirements for grant assistance pursuant to the Public School Capital Outlay Act;

(4) the portion of the total project cost to be paid from the fund may be awarded as one grant, but disbursements from the fund shall be made from time to time as h lease payments become due;

u » r (5) the portion of the total project cost to t h g e be paid by the school district or charter school may be paid l i h r i s from time to time as lease payments become due;

and h , e h (6) neither a grant award nor any provision of 14t u g e b l the Public School Capital Outlay Act creates a legal obligation e e , gh n d d i = = o h for the school district or charter school to continue the lease l ] b ,d i a º r from year to year or to purchase the facility.

e r = t 17e w d E.

In order to encourage private capital investment wm la n o d 18 in the construction of public school facilities, the purchase = = 19 of a privately owned school facility that is, at the time of a l i a e r 20 application, in use by a school district may be considered a a t m m: 21 public school capital outlay project and eligible for grant d r e 22 assistance pursuant to this section if the council finds that:

cb r e st kº 23o (1)t atn the= time.226452.4AIC ofFebruary the8, initial2024 use(11:48am) bys thek m e - 28 - e a n be 24d r e l u [ A d in the construction of public school district,facilities, the facilitypurchase toof bea purchasedprivately equaledowned orschool ufacility [that exceededis, at the statewidetime adequacyof standardsapplication, andin theuse buildingby .226452.4a -school 28district -may standardsbe forconsidered a public school facilities;capital outlay project and eligible for grant assistance pursuant to this section if the council finds that:

(1) at the time of the initial use by the school district, the facility to be purchased equaled or exceeded the statewide adequacy standards and the building standards for public school facilities;

and (3) the school district and the capital outlay h project meet all of the requirements for grant assistance u » r pursuant to the Public School Capital Outlay Act;

provided t h g e that, when determining the deviation from the statewide l i h r i s adequacy standards for the purposes of evaluating and h , e h prioritizing the project, the students using the facility shall 14t u g e b l be deemed to be attending other schools in the school district.

e e , gh n d d i = = o h F.

It is the intent of the legislature that grant l ] b ,d i a º r assistance made pursuant to this section allows every school e r = t 17e w d district to meet the standards developed pursuant to Subsection wm la n o d 18m C: of this section;

provided,b however,r thate nothingt inº theo =t n = 19.226452.4AIC PublicFebruary School8, Capital2024 Outlay(11:48am) Acts ork them developmente of- a29 l- i a e r 20 standards pursuant to that act prohibits a schooln districte fromd ar te ml mu 21[ usingA other funds available to the district to exceed the d rC eof 22this statewidesection; adequacy standards.

cprovided, ehowever, sthat knothing 23in G.the Public School Capital Outlay Act or the development of standards pursuant to that act prohibits a school district from using other funds available to the district to exceed the statewide adequacy standards.

UponG. request, the council shall work with, and e a n b 24 provide assistance and information to, the public school u [ capital outlay oversight task force.

.226452.4Upon -request, 29the -council H.shall work with, and provide assistance and information to, the public school capital outlay oversight task force.

H.

h I.

Upon the recommendation of the authority, the u » r council shall develop building standards for public school t h g e facilities and shall promulgate other such rules as are l i h r i s necessary to carry out the provisions of the Public School h , e h Capital Outlay Act.

14t u g e b l J.

No later than December 15 of each year, the e e , gh n d d i = = o h council shall prepare a report summarizing its activities l ] b ,d i a º r during the previous fiscal year.

The report shall describe in e r = t 17e w d detail all projects funded, the progress of projects previously wm la n o d 18m funded: but not completed, the criteria used to prioritize and = = 19 fund projects and all other council actions.

Theb reportr shalle at lº io at en r= 20.226452.4AIC beFebruary submitted8, to2024 the(11:48am) publics educationk commission,m thee governor,- a30 t- me ma 21n thee legislatived financer committee,e thel legislativeu education[ A d rfunded ebut 22not studycompleted, committeethe criteria used to prioritize and thefund legislature.projects and all other council actions.

cThe ereport sshall kbe 23submitted K.to the public education commission, the governor, the legislative finance committee, the legislative education study committee and the legislature.

ForK. any school district that received a e a n b 24 standards- or systems-based award from the council in fiscal u [ year 2023, the state share for any future phase of the project .226452.4 - 30 - for which funding has not yet been awarded shall be the amount calculated pursuant to Subsection B of this section for fiscal year 2024, regardless of the state share at the time of the initial award.

For any school district that received a standards- or systems-based award from the council in fiscal year 2023, the state share for any future phase of the project for which funding has not yet been awarded shall be the amount calculated pursuant to Subsection B of this section for fiscal year 2024, regardless of the state share at the time of the initial award.

and (2) "membership" means the total enrollment of qualified students on the current roll of a class or school on h a specified day.

The current roll is established by the g o addition of original entries and reentries minus withdrawals.

t hr g e i k Withdrawals of students, in addition to students formally h r i s withdrawn from the public school, include students absent from h , t, the public school for as many as ten consecutive school days;

14e u g e b l provided that withdrawals do not include students in need of e e h n d d i = = o h early intervention and habitual truants the school district is l ] b ,d i a º e required to intervene with and keep in an educational setting." er i = r t 17e w d STBTCº SECTION 7.

A new section of Chapter 62 NMSA 1978 ism wa l n o d 18m enacted: to read:

=b e d s º o t n = 19.226452.4AIC "[NEWFebruary MATERIAL]8, ATTACHMENTS2024 TO(11:48am) UTILITYs POLES.--k am le i- 31 - e a n e d r 20e A.l u [ A d is enacted to read:

For"[NEW utilityMATERIAL] poleATTACHMENTS attachmentsTO thatUTILITY arePOLES.-- notA. a t m m 21 regulated by federal law, the commission, in consultation with d r e 22 the office of broadband access and expansion, shall establish c e s k 23 reasonable rates, terms and conditions for utility pole e a n b 24 attachments by rule;

For utility pole attachments that are not regulated by federal law, the commission, in consultation with the office of broadband access and expansion, shall establish reasonable rates, terms and conditions for utility pole attachments by rule;

u [ (1) the rate shall ensure a utility of the .226452.4 - 31 - recovery of not less than the additional cost of providing a utility pole attachment, but not more than the actual operating expenses and return on capital of the utility attributed to that portion of the utility pole used;

(3) the contract for attachments to utility h poles shall include all such utility poles located within a u » r given municipality pursuant to a negotiated site license and t h g e l i any applicable commission requirements;

provided that the h r i s contract shall not impede the right of a utility pole owner to h , e h t u g issue licenses based on inspections undertaken on a utility- 14e b l e e , gh pole-specific basis;

n d d i = = o h (4) responsibility for a utility pole l ] b ,d i a º r e r = replacement shall not be unreasonably delayed because a utility t e tw 17d m a n o pole owner is waiting to receive a new attachment request;

w l n d 18 (5) the rate for a utility pole attachment = = 19 shall be proportional to the cost of the use of the utility a l i a e r 20 pole by the attachment and shall not include the cost of a t m m: 21 utility pole replacement or the cost of bringing a utility pole d r e 22 or third-party equipment into compliance with current safety c e s k 23 and construction standards unless the utility pole replacement e a n b 24 or compliance upgrades to equipment are necessitated solely by u [ the new attachment;

andb .226452.4r e t º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 32 - (6)e a n e d r e l u [ A d (5) the rate for a utility pole replacementattachment shall be proportional to accommodatethe ancost attachmentof requestthe mayuse allowof forthe utility pole by the requesterattachment toand payshall portionsnot ofinclude the cost of utility pole replacement whenor the needcost forof replacementbringing isa partiallyutility duepole toor insufficientthird-party capacity,equipment clearanceinto orcompliance loadingwith ofcurrent ansafety existingand construction standards unless the utility pole replacement or compliance upgrades to accommodateequipment are necessitated solely by the attachmentnew request.attachment;

and (6) the rate for a utility pole replacement to accommodate an attachment request may allow for the requester to pay portions of the cost of replacement when the need for replacement is partially due to insufficient capacity, clearance or loading of an existing utility pole to accommodate the attachment request.

As used in this section, "utility pole" means a pole or similar structure used in whole or in part for h communications services, electricity distribution, lighting or u » r traffic signals, but does not include a wireless support t h g e l i structure or electric transmission structure."structure."»STBTC h r i s SECTION 8.STBTCº 8.»STBTC STBTCº7.»STBTC Section 63-9I-2 h , e h t u g NMSA 1978 (being Laws 2018, Chapter 17, Section 2 and Laws e b l e e , gh 2018, Chapter 69, Section 2) is amended to read:

Sectionn 63-9I-2d NMSAd 1978i (being= Laws= 2018,o Chapterh 17,"63-9I-2. Section 2 and Laws 2018, Chapter 69, Section 2) is 14 amended to read:

"63-9I-2.DEFINITIONS.--As used in the Wireless Consumer l ] b ,d i a º r e r = Advanced Infrastructure Investment Act:

DEFINITIONS.--Ast usede inw thed Wirelessm Consumera Advancedn Infrastructureo InvestmentA. Act:

e"antenna" tmeans 17communications A.equipment that d m :

"antenna"b meansr communicationse equipmentt thatº wo lt n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 33 - e a n e d 18r e l u [ A d transmits or receives electromagnetic radio frequency signals = = 19 and that is used to provide wireless services;

a l i a e r 20 B.

"applicable codes" means uniform building, fire, a t m m 21 electrical, plumbing or mechanical codes adopted by a d r e 22 recognized national code organization and enacted by the c e s k 23 authority, including the local amendments to those codes e a n b 24 enacted by the authority solely to address imminent threats of u [ destruction of property or injury to persons, to the extent .226452.4 - 33 - that those amendments are consistent with the Wireless Consumer Advanced Infrastructure Investment Act;

"application" means a request submitted by an applicant to an authority for a permit to collocate one or more small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless h support structure;

g o E.

"authority" means a municipality, [or][or ] a county t hr g e i k or the state of New Mexico;Mexico ;

h r i s F.

"authority utility pole" means a utility pole, h , t, owned or operated by an authority, in a right of way;

14e u g e b l G.

"collocate" means to install, mount, maintain, e e h n d d i = = o h modify, operate or replace one or more wireless facilities on, l ] b ,d i a º e in or adjacent to a wireless support structure or utility pole;

er i = r t 17e w d H.

"communications service" means cable service as wm la n o d 18m defined: in 47 U.S.C.

Sectionb 522(6),e informationd services asº =o t n = 19.226452.4AIC February 8, 2024 (11:48am) s k m e - 34 - e a n e d r e l u [ A d defined in 47 U.S.C.

Section 153(24),522(6), mobileinformation service as defined a l i a e r 20 in 47 U.S.C.

Section 153(33),153(24), telecommunicationsmobile service as a t m m 21 defined in 47 U.S.C.

Section 153(53)153(33), ortelecommunications wireless service otheras ddefined rin e47 22U.S.C. than mobile service;

cSection e153(53) sor kwireless 23service I.other than mobile service;

I.

e a n b 24 J.

u [ K.

"permit" means the written permission of an .226452.4 - 34 - authority for a wireless provider to install, mount, maintain, modify, operate or replace a utility pole or to collocate a small wireless facility on a utility pole or wireless support structure;

and h (2) includes an authority;

g o M.

"private easement" means an easement or other t hr g e i k real property right given for the benefit of the grantee of the h r i s easement and the grantee's successors and assigns;

h , t, N.

14e u g e b l O.

e e h n d d i = = o h (1) means the area on, below or above a public l ] b ,d i a º e roadway, highway, street, sidewalk, alley or utility easement;

er ti 17= andr wt le nw d 18and (2)m doesa notn includeo thed aream on,: below or = = 19 above:

ab le id s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 35 - e a n e d r 20e (a)l au federal[ interstateA highway;d (2) does not include the area on, below or above:

a(a) t m m 21 (b) a statefederal highwayinterstate orhighway; route under the d r e 22 jurisdiction of the department of transportation;

c(b) ea sstate khighway 23or (c)route aunder privatethe easement;jurisdiction of the department of transportation;

or(c) e a nprivate beasement; 24 (d) a utility easement that does not u [ authorize the deployment sought by a wireless provider;

.226452.4or -(d) 35a -utility P.easement that does not authorize the deployment sought by a wireless provider;

P.

h (b) concealment elements;

g o (c) telecommunications demarcation box;

t hr g e i k (d) grounding equipment;

h r i s (e) power transfer switch;

h , t, (f) cutoff switch;

14e u g e b l (g) vertical cable runs for the e e h n d d i = = o h connection of power and other services;

and l ] b ,d i a º e (h) elements required by an authority in er i = r t 17e w d accordance with Subsection H of Section [3 of the Wireless wm la n o d 18m Consumer: Advanced Infrastructure Investment Act] 63-9I-3 NMSA = = 19 1978;

ab le id s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 36 - e a n e d r 20e Q.l u [ A d Consumer Advanced Infrastructure Investment Act] 63-9I-3 NMSA 1978;

Q.

a t m m 21 (1) means a pole or similar structure used in d r e 22 whole or in part for communications services, electricity c e s k 23 distribution, lighting or traffic signals;

and e a n b 24 (2) does not include a wireless support u [ structure or electric transmission structure;

.226452.4 - 36 - R.

and (b) radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power h supplies and comparable equipment, regardless of technological g o configuration;

t hr g e i k (2) includes a small wireless facility;

and h r i s (3) does not include:

h , t, (a) the structure or improvements on, 14e u g e b l under or within which the equipment is collocated;

e e h n d d i = = o h (b) a wireline backhaul facility, l ] b ,d i a º e coaxial cable or fiber-optic cable between wireless support er i = r t 17e w d structures or utility poles;

or wm la n o d 18m (c): coaxial or fiber-optic cable = = 19 otherwise not immediately adjacent to, or directly associated a l i a e r 20 with, an antenna;

ab e d s º o t mn = .226452.4AIC February 8, 2024 (11:48am) s k m 21e S.- 37 - e a n e d r e l u [ A d (c) coaxial or fiber-optic cable otherwise not immediately adjacent to, or directly associated with, an antenna;

"wirelessS. infrastructure provider" means a d r e 22 person, other than a wireless services provider, that may c e s k 23 provide telecommunications service in New Mexico and that e a n b 24 builds or installs wireless communications transmission u [ equipment, wireless facilities' utility poles or wireless .226452.4 - 37 - support structures;

"wireless infrastructure provider" means a person, other than a wireless services provider, that may provide telecommunications service in New Mexico and that builds or installs wireless communications transmission equipment, wireless facilities' utility poles or wireless support structures;

h W.

"wireless support structure" means a g o freestanding structure, including a monopole or guyed or t hr g e i k self-supporting tower, but not including a utility pole;

and h r i s X.

"wireline backhaul facility" means a facility h , t, used to transport services by wire from a wireless facility to 14e u g e b l a network." e e h n d d i = = o h SECTION 9.STBTCº 9.»STBTC STBTCº8.»STBTC Section 63-9J-1 l ] b ,d i a º e NMSA 1978 (being Laws 2021, Chapter 123, Section 1) is amended r i = r t e w d to read:

Sectionm 63-9J-1a NMSAn 1978o (beingd Lawsm 2021,: Chapter 123, Section 1) is amended to read:

b e d s º o t 17n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 38 - e a n e d r e l u [ A d "63-9J-1.

SHORT TITLE.--[This act] Chapter 63, Article 9J w l n d 18 NMSA 1978 may be cited as the "Broadband Access and Expansion =Act"." =SECTION 19STBTCº Act"."10.»STBTC aSTBTCº9.»STBTC lSection i63-9J-2 aNMSA e1978 r(being 20Laws SECTION2021, 10.Chapter 123, Section 2, as amended) is amended to read:

Section"63-9J-2. 63-9J-2 NMSA 1978 (being Laws 2021, a t m m 21 Chapter 123, Section 2, as amended) is amended to read:

dDEFINITIONS.--As rused ein 22the "63-9J-2.Broadband Access and Expansion Act:

DEFINITIONS.--AsA. used in the Broadband Access c e s k 23 and Expansion Act:

e"broadband infrastructure" means facilities and equipment used to provide internet service, excluding telecommunications equipment owned, controlled or operated by a npublic bor 24private A.end user;

"broadband infrastructure" means facilities and u [ equipment used to provide internet service, excluding .226452.4 - 38 - telecommunications equipment owned, controlled or operated by a public or private end user;

"constitutional special schools" means the New Mexico school for the blind and visually impaired and the New h Mexico school for the deaf;

g o [C.] D.

"department", unless otherwise specified, t hr g e i k means the department of information technology;

[D.]h E.r i s [D.

"director"] meansE. the director of the broadband office;

F."director" means the director of the h , t, broadband office;

"educatione technologyu infrastructure"g meanse theb physicall hardwaree ande servicesh usedF. to interconnect students, 14 teachers, school districts and school buildings necessary to support broadband connectivity and remote learning as determined by the broadband office;

"education technology infrastructure" means the n d d i = = o h physical hardware and services used to interconnect students, l ] b ,d i a º e teachers, school districts and school buildings necessary to r i = r t 17e [E.]w G.d support broadband connectivity and remote learning as m a n o d m :

"endb user"e meansd ans individual,º business,o wt l n d= 18.226452.4AIC institutionFebruary or8, governmental2024 entity(11:48am) thats subscribesk tom ane =- =39 19- internete servicea andn doese notd resellr thate service to other a l iu a[ eA rd 20determined individualsby orthe entities;broadband office;

a[E.] tG. m m 21 [F.] H.

"facilities-based"end provider"user" means aan dindividual, rbusiness, einstitution 22or providergovernmental ofentity internetthat servicesubscribes to endan usersinternet inservice Newand Mexicodoes usingnot cresell e s k 23 facilities that satisfyservice anyto ofother theindividuals followingor criteria:entities;

e[F.] aH. n b 24 (1) physical facilities that the entity owns u [ and that terminate at the end user premises;

.226452.4"facilities-based -provider" 39means -a (2)provider facilitiesof thatinternet theservice entity has obtained the right to useend fromusers otherin entities,New suchMexico asusing darkfacilities fiberthat orsatisfy satelliteany transponder capacity as part of itsthe ownfollowing network,criteria: or has obtained;

(3)(1) unbundledphysical network element loops, special access lines or other leased facilities that the entity usesowns toand completethat terminationsterminate toat the end user premises;

(4)(2) wirelessfacilities spectrum for which the entity holds a license or that the entity manages or has obtained the right to use viafrom aother spectrumentities, leasingsuch arrangementas ordark comparablefiber arrangementor pursuantsatellite totransponder federalcapacity regulationsas promulgatedpart pursuant to the federal Communications Act of 1934,its asown amended,network, or uponhas subsequentobtained; amendment or repeal of that act, by the 14 broadband office by rule;

(3) unbundled network element loops, special access lines or (5)other unlicensedleased spectrum;facilities that the entity uses to h complete terminations to the end user premises;

I.g o (4) wireless spectrum for which the entity t hr g e i k holds a license or that the entity manages or has obtained the h r i s right to use via a spectrum leasing arrangement or comparable h , t, arrangement pursuant to federal regulations promulgated e u g e b l pursuant to the federal Communications Act of 1934, as amended, e e h n d d i = = o h or upon subsequent amendment or repeal of that act, by the l ] b ,d i a º e broadband office by rule;

"fund"or meansr thei education= technologyr t e tw 17d infrastructure(5) fund;unlicensed spectrum;

wm la n o d 18m [G.]: J.

"internet"b meanse ad globals setº ofo computingt =n = 19.226452.4AIC andFebruary electronic8, devices2024 interconnected(11:48am) throughs networkingk am l i a e r- 2040 infrastructures- toe providea datan ande informationd sharingr ande al tu m[ mA 21d communicationI. facilities;

d"fund" rmeans ethe 22education [H.]technology K.infrastructure fund;

"local[G.] government"J. means the government of c e s k 23 a municipality, county or political subdivision of the state;

e"internet" means a nglobal bset 24of [I.]computing L.and electronic devices interconnected through networking infrastructures to provide data and information sharing and communication facilities;

"open[H. access" means equal nondiscriminatory u [ access to the state-owned broadband network by eligible .226452.4 - 40 - entities on a technologically and competitively neutral basis, regardless of whether the entity is privately or publicly owned;

[J.]] M.K.

"public"local educationalgovernment" institution" means athe publicgovernment school,of a schoolmunicipality, district,county a public post-secondary educational institution or anpolitical agencysubdivision thatof providesthe administrative,state; funding or technical support to public schools, school districts and public post-secondary educational institutions;

[K.][I. N.

"quality] ofL. service" means the standards established by the federal communications commission;

O."open access" means equal nondiscriminatory access to the state-owned broadband network by eligible entities on a technologically and competitively neutral basis, regardless of whether the entity is privately or publicly owned;

"school[J. district" includes state-chartered charter schools and the constitutional special schools;

14] P.M.

"school"public districteducational populationinstitution" density" means thea populationpublic densityschool, on a perschool squaredistrict, mile basis of a schoolpublic districtpost-secondary aseducational estimatedinstitution byor thean broadbandagency officethat basedprovides onh theadministrative, mostfunding eor ttechnical 17support currentto tractpublic levelschools, populationg estimateso publishedschool bydistricts theand wpublic lpost-secondary neducational dt 18hr Unitedg Statese censusi bureau;k institutions;

=h =r 19i [L.]s Q.[K.

"state-owned] broadbandN. network" means the a l i a e r 20 state-owned broadband infrastructure that is owned, leased or a t m m 21 operated by the department;

d"quality rof eservice" 22means [M.]the R.standards h , t, established by the federal communications commission;

"statewide broadband plan" means a plan, c e su kg 23 including recommended statutory changes and implementation e a n b 24l procedures,O. for the development and expansion of broadband u [ infrastructure and services throughout the state to meet the .226452.4 - 41 - needs:

"school district" includes state-chartered e e h n d d i = = o h charter schools and the constitutional special schools;

l ] b ,d i a º e P.

"school district population density" means the r i = r t e w d population density on a per square mile basis of a school m a n o d m :

b e d s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 41 - e a n e d r e l u [ A d district as estimated by the broadband office based on the most current tract level population estimates published by the United States census bureau;

[L.] Q.

"state-owned broadband network" means the state-owned broadband infrastructure that is owned, leased or operated by the department;

[M.

] R.

"statewide broadband plan" means a plan, including recommended statutory changes and implementation procedures, for the development and expansion of broadband infrastructure and services throughout the state to meet the needs:

and h (3) to support internet-reliant state, local g o and tribal government functions and facilitate the delivery of t hr g e i k governmental services in a manner that is competitive with h r i s similar government agencies in neighboring states;

[N.]h S., t, [N.

"underserved"] meansS. an area or property that does not have access to internet service offering speeds greater than one hundred megabits downstream and twenty 14 megabits upstream;

"underserved" means an area or property e u g e b l that does not have access to internet service offering speeds e e h n d d i = = o h greater than one hundred megabits downstream and [O.]twenty T.l ] b ,d i a º e megabits upstream;

"unserved"and meansr ani area= orr propertyt that either does not have access to internet service at all or only e t 17 has access to internet service offering speeds below twenty- w l n d 18[O. five megabits per second downstream or three megabits per = = 19 second upstream." a l i a e r 20 SECTION 11.

A] newT. section of the Broadband Access and a t m m 21 Expansion Act is enacted to read:

d"unserved" rmeans ean 22area "[NEWor MATERIAL]property EDUCATIONthat TECHNOLOGYm INFRASTRUCTURE FUND c e s k 23 CREATED--USE.-- e a n bo 24d A.m :

Theb "educatione technologyd infrastructures fund"º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 42 - e a n e d r e l u [ isA createdd ineither does not have access to internet service at all or only has access to internet service offering speeds below twenty- five megabits per second downstream or three megabits per second upstream." SECTION STBTCº 11.»STBTC STBTCº10.»STBTC A new section of the stateBroadband treasury.Access and Expansion Act is enacted to read:

The"[NEW fundMATERIAL consists] ofEDUCATION .226452.4TECHNOLOGY -INFRASTRUCTURE 42FUND -CREATED--USE.-- distributionsA. pursuant to Section 7-27-12.6 NMSA 1978, appropriations, gifts, grants and donations.

The "education technology infrastructure fund" is created in the state treasury.

The fund consists of distributions pursuant to Section 7-27-12.6 NMSA 1978, appropriations, gifts, grants and donations.

h B.

The fund may be expended annually by the g o broadband office for education technology infrastructure t hr g e i k projects that are in conformance with the standards and h r i s guidelines developed pursuant to Sections STBTCº 12 and 13h , t, 13»STBTC STBTCº11 and 12»STBTC of this 2024 act and grants to e u g e b l e e h school districts for education technology projects, including n d d i = = o h expenses for management of such projects;

provided that the l ] b ,d i a º e total amount of project management 14 expense assistance from the r i = r t e w d fund per project shall not exceed five percent of the project grant.m a n o d m :

b e d s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 43 - e a n e d r e l u [ A d grant.

The broadband office, with the advice of the e t 17 connect New Mexico council, shall establish procedures and w l n d 18 cost-sharing requirements for applications to the fund by =rule." =SECTION 19STBTCº rule."12.»STBTC aSTBTCº11.»STBTC lA inew asection eof rthe 20Broadband SECTIONAccess 12.and Expansion Act is enacted to read:

A"[NEW newMATERIAL section] ofEDUCATION theTECHNOLOGY BroadbandINFRASTRUCTURE AccessDEFICIENCY andCORRECTIONS.-- aA. t m m 21 Expansion Act is enacted to read:

dNo rlater ethan 22January "[NEW1, MATERIAL]2025, EDUCATIONthe TECHNOLOGYbroadband INFRASTRUCTUREoffice, cwith ethe sadvice kof 23the DEFICIENCYconnect CORRECTIONS.--New eMexico acouncil, nshall bdefine 24and A.develop:

No(1) laterminimum thanadequacy Januarystandards 1,for 2025,an theeducation broadbandtechnology uinfrastructure [deficiency office,corrections withinitiative theto adviceidentify ofand thedetermine connectreasonable Newcosts Mexicofor council,correcting .226452.4education -technology 43infrastructure -deficiencies shallin defineh andor develop:affecting school districts;

(1)g minimumo adequacy(2) standardsa methodology for anprioritizing educationprojects technology infrastructure deficiency corrections initiative to identifyt andhr determineg reasonablee costsi fork correctingcorrect education technology infrastructure deficiencies in or h r i s affecting school districts;

(2)and h , t, (3) a methodology for prioritizingdetermining projectsa toschool correcte educationu technologyg infrastructuree deficienciesb inl ore affectinge schoolh districts;district's share of the project costs.

andn (3)d ad methodologyi for= determining= ao schoolh district'sB. share of the project costs.

B.The broadband office shall develop guidelines l ] b ,d i a º e for a statewide education technology infrastructure network r i = r t e w d that integrates regional hub locations for network services and m a n o d m :

Theb broadbande officed shalls developº guidelineso fort an statewide= education.226452.4AIC technologyFebruary infrastructure8, network2024 14(11:48am) thats integratesk regionalm hube locations- for44 network- servicese anda n e d r e l u [ A d the installation and maintenance of equipment.

The broadband office may fund education technology infrastructure projects or e t 17 items that the broadband office determines are in accordance w l n d 18 with the guidelines and necessary to education for:

= = 19 (1) students;

a l i a e r 20 (2) school buses;

a t m m 21 (3) internet connectivity within a school d r e 22 district;

c e s k 23 (4) a multi-district regional education e a n b 24 network;

and u [ (5) a statewide education network." .226452.4SECTION -STBTCº 4413.»STBTC -STBTCº12.»STBTC SECTIONA 13.new section of the Broadband Access and Expansion Act is enacted to read:

A new section of the Broadband Access and Expansion Act is enacted to read:

Applications for grant assistance, approval of h applications, prioritization of projects and grant awards for g o education technology infrastructure shall be conducted pursuant t hr g e i k to the provisions of this section.

h r i s B.

The broadband office shall establish project h , t, funding requirements and priority standards for school e u g e b l e e h districts by rule based on the following factors:

n d d i = = o h (1) school district geographic size and l ] b ,d i a º e population;

14r i = r t e w d (2) school district population density;

(3)m locala propertyn taxo base;d m :

(4)b thee currentd conditions ofº educationo t n = .226452.4AIC February 8, 2024 (11:48am) s k m e t- 1745 technology- infrastructuree relativea ton thee adequacyd standards;r e l u [ A d (3) local property tax base;

w(4) l n d 18 and = = 19 (5) whether the broadbandcurrent officecondition hasof aeducation ltechnology iinfrastructure arelative eto r 20 designated the districtadequacy asstandards; a high-growth area pursuant to a t m m 21 Subsection C of this section.

dand r(5) ewhether 22the C.broadband office has designated the district as a high-growth area pursuant to Subsection C of this section.

TheC. broadband office may designate an area that c e s k 23 equals a contiguous attendance area of one or more existing e a n b 24 schools as a high-growth area if it determines that within five u [ years of the grant allocation decision, the estimated use of .226452.4 - 45 - the proposed education technology infrastructure project will exceed the functional capacity of the project as determined by the broadband office by rule.

The broadband office may designate an area that equals a contiguous attendance area of one or more existing schools as a high-growth area if it determines that within five years of the grant allocation decision, the estimated use of the proposed education technology infrastructure project will exceed the functional capacity of the project as determined by the broadband office by rule.

The broadband office shall apply the adequacy standards to state charter schools to the same extent that they h are applied to other public schools.

u » r E.

The broadband office shall adopt and apply t h g e adequacy standards appropriate to the unique needs of the l i h r i s constitutional special schools.

h , e h F.

In an emergency in which the health or safety of t u g e b l students or school personnel is at immediate risk or in which e e , gh n d d i = = o h there is a threat of significant property damage, the broadband l ] b ,d i a º r office may award grant assistance for a project using criteria 14e r = t e w d other than the adequacy standards.

G.m a n o d m :

Theb broadbandr officee shallt establishº criteriao tot ben used= in.226452.4AIC educationFebruary technology8, infrastructure2024 projects(11:48am) thats ek tm 17e receive- grant46 assistance- pursuante toa then Broadbande Accessd andr we l nu d[ 18A Expansiond Act.G.

InThe establishingbroadband theoffice criteria,shall theestablish broadbandcriteria =to =be 19used officein shalleducation consider:technology infrastructure projects that receive grant assistance pursuant to the Broadband Access and Expansion Act.

aIn lestablishing ithe acriteria, e r 20 (1) the feasibilitybroadband ofoffice usingshall design,consider: build and a t m m 21 finance arrangements for education technology infrastructure d r e 22 projects;

c(1) e s k 23 (2) the potentialfeasibility use of moreusing durabledesign, ebuild aand nfinance barrangements 24for constructioneducation materialstechnology thatinfrastructure mayprojects; reduce long-term operating u [ costs;

.226452.4(2) -the 46potential -use (3)of conceptsmore thatdurable promoteconstruction efficientmaterials butthat flexiblemay usereduce oflong-term space;operating costs;

(3) concepts that promote efficient but flexible use of space;

h H.

No application for grant assistance from the g o fund shall be approved unless the broadband office determines t hr g e i k that:

h r i s (1) the education technology infrastructure h , t, project is needed and included in the school district's five- e u g e b l year facilities plan among its top priorities;

e e h n d d i = = o h (2) the school district has used its capital l ] b ,d i a º e resources in a prudent manner;

14r (3)i the= schoolr districtt hase providedw insuranced for(3) the district'sschool educationdistrict technologyhas infrastructureprovided in accordance with insurance requirementsm establisheda byn theo ed tm 17: broadband office by rule;

wb le d s º o t n d= 18.226452.4AIC (4)February the8, school2024 district(11:48am) hass submittedk anm =e =- 1947 - e a n e d r e l u [ A d for the district's education technology infrastructure planin thataccordance includes:with insurance requirements established by the broadband office by rule;

a(4) lthe ischool adistrict ehas rsubmitted 20an (a)education enrollmenttechnology projections;infrastructure plan that includes:

a(a) tenrollment mprojections; m 21 (b) a current preventive maintenance d r e 22 plan that has been approved by the broadband office and that is c e s k 23 followed by each public school in the district;

and(b) e a ncurrent bpreventive 24maintenance (c)plan thethat educationhas technologybeen uapproved [by infrastructurethe needsbroadband ofoffice charterand schoolsthat locatedis infollowed theby schooleach .226452.4public -school 47in -the district;

and (c) the education technology infrastructure needs of charter schools located in the school district;

h (6) the application includes the education u » r technology infrastructure needs of any charter school located t h g e in the school district or the school district has shown that l i h r i s the education technology infrastructure needs of the charter h , e h school have a smaller deviation from the statewide adequacy t u g e b l standards than other district education technology e e , gh n d d i = = o h infrastructure included in the application;

and l ] b ,d i a º r (7) the school district has agreed, in 14e r = t e w d writing, to comply with any reporting requirements or conditionsm imposeda byn theo broadbandd officem pursuant: to the Broadband Access and Expansion Act.

b r e t 17º I.o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 48 - e a n e d r e l u [ A d conditions imposed by the broadband office pursuant to the Broadband Access and Expansion Act.

AfterI. consulting with the connect New Mexico w l n d 18 council and other experts, the broadband office shall regularly = = 19 review and update statewide adequacy standards applicable to a l i a e r 20 all school districts.

ExceptAfter asconsulting otherwisewith provided in the aconnect tNew mMexico mcouncil 21 Broadband Access and Expansionother Act,experts, the amount of outstanding d r e 22 deviation from the standards shall be used by the broadband c e s k 23 office inshall evaluatingregularly review and prioritizingupdate educationstatewide technologyadequacy estandards aapplicable nto ball 24school infrastructuredistricts. projects.

uExcept [as J.otherwise provided in the Broadband Access and Expansion Act, the amount of outstanding deviation from the standards shall be used by the broadband office in evaluating and prioritizing education technology infrastructure projects.

NoJ. later than November 1 of each year, the .226452.4 - 48 - broadband office shall prepare a report summarizing its education technology infrastructure activities during the previous fiscal year.

TheNo reportlater shallthan describeNovember in1 detailof alleach projectsyear, funded, the progressbroadband ofoffice projectsshall previouslyprepare fundeda butreport notsummarizing completed,its theeducation criteriatechnology usedinfrastructure toactivities prioritizeduring andthe fundprevious projectsfiscal andyear. all other broadband office actions.

The report shall bedescribe submittedin todetail all projects funded, the publicprogress educationof commission,projects thepreviously governor,funded but not completed, the legislativecriteria financeused committee,to theprioritize legislativeand educationfund studyh committeeprojects and theall legislature."other SECTIONbroadband 14.office actions.

The report g o shall be submitted to the public education commission, the t hr g e i k governor, the legislative finance committee, the legislative h r i s education study committee and the legislature." h , t, SECTION STBTCº 14.»STBTC STBTCº13.»STBTC Section 63-9K-1 e u g e b l e e h NMSA 1978 (being Laws 2021, Chapter 120, Section 1) is amended n d d i = = o h to read:

l ] b ,d i a º e "63-9K-1.

SHORT TITLE.--[Sections 1 through 7 of this r i = r t e w d act] Chapter 63, Article 9K NMSA 1978 may be cited as the 14m "Connecta Newn Mexicoo Act"."d SECTIONm 15.:

b e d s º o t n = .226452.4AIC February 8, 2024 (11:48am) s k m e - 49 - e a n e d r e l u [ A d "Connect New Mexico Act"." SECTION STBTCº15.»STBTC STBTCº14.»STBTC Section 63-9K-3 NMSA 1978 (being Laws 2021, Chapter 120, Section 3, as amended) is amended to read:

e t 17 "63-9K-3.

COUNCIL CREATED--POWERS.--CREATED wSTBTCº--POWERS»STBTC l.-- n d 18 A.

The "connect New Mexico council" is created and = = 19 administratively attached to the department.

a l i a e r 20 B.

The council is composed of the following fifteen a t m m 21 members:

d r e 22 (1) the secretary of transportation or the c e s k 23 secretary's designee;

e a n b 24 (2) the secretary of economic development or u [ the secretary's designee;

.226452.4 - 49 - (3) the secretary of cultural affairs or the secretary's designee;

(4) the secretary of information technology or h the secretary's designee;

g o (5) the executive director of the New Mexico t hr g e i k mortgage finance authority or the executive director's h r i s designee;

h , t, (6) the secretary of higher education or the e u g e b l e e h secretary's designee;

n d d i = = o h (7) the [director of the public school l ] b ,d i a º e facilities authority or the director's designee] secretary of r i = r t e w d public education or the secretary's designee;

(8)m fivea membersn ofo thed publicm who: have 14 experience with broadband access and connectivity challenges for either private business or public institutions, appointed as follows:

b e d s º o t 17n (a)= one.226452.4AIC memberFebruary appointed8, by2024 the(11:48am) speakers wk lm e - 50 - e a n e d 18r e l u [ A d (8) five members of the housepublic ofwho representatives;have experience with broadband access and connectivity challenges for either private business or public institutions, appointed as follows:

=(a) = 19 (b) one member appointed by the minorityspeaker a l i a e r 20 floor leader of the house of representatives;

a(b) t m m 21 (c) one member appointed by the dminority rfloor eleader 22of presidentthe prohouse tempore of therepresentatives; senate;

c(c) e s k 23 (d) one member appointed by the minoritypresident epro atempore n b 24 floor leader of the senate;

and(d) u [ (e) one member appointed by the .226452.4minority -floor 50leader -of governor;the senate;

and (e) one member appointed by the governor;

one representative of the Navajo Nation, h one representative of Apache tribal governments and one g o representative of Indian pueblo tribal governments, who are t hr g e i k experienced with broadband access and connectivity issues.

h r i s C.

The chair of the council shall be elected by a h , t, quorum of the council members.

The council shall meet monthly e u g e b l or at the call of the chair.

A majority of members constitutes e e h n d d i = = o h a quorum for the transaction of business.

The affirmative vote l ] b ,d i a º e of at least a majority of a quorum present shall be necessary r i = r t e w d for an action to be taken by the council.

D.m a n o d m :

Eachb membere ofd thes councilº appointedo pursuantt ton 14= Paragraph.226452.4AIC (8)February or8, (9)2024 of(11:48am) Subsections Bk ofm thise section- shall51 be- appointede to a four-yearn term;e d r e l u [ A d D.

Each member of the council appointed pursuant to Paragraph (8) or (9) of Subsection B of this section shall be appointed to a four-year term;

e t 17 (1) two of the members initially appointed w l n d 18 pursuant to Paragraph (8) of Subsection B of this section shall = = 19 be appointed for a term of two years by lot;