HB 266 — FOREST & WATERSHED RESTORATION ACT

l ] b ,d i a º e or r i = r t e w d m a n o (4) workforce development for wood utilization dprojects. m :

b e d s º o t n = .211393.1 s k m e - 5 - e a n e d r e l u [ A d projects.

HB 266/a Page 5 (4) targets an area at high risk of catastrophic wildfire;

or h (5) has obtained all requisite state and u » r federal permits and authorizations necessary to initiate the t h g e l i project, if the project is other than a planning project.

h r i s C.

A project that is eligible for funding in h , e h accordance with Subsection B of this section shall be given t u g e b l e e , gh priority for funding by the division if the project:

n d d i = = o h (1) leverages federal, state, local, tribal or l ] b ,d i a º r private sources and, if available, support from other public or e r = t e w d m a n o private water, forest, fire, wildlife habitat or economic ddevelopment mprograms; :

b r e t º o t n = .211393.1 s k m e - 6 - e a n e d r e l u [ A d development programs;

or (4) creates incentives to increase investment by federal, state, local, tribal or private entities, including investment by downstream water users to HB 266/a Page 6 manage forested headwaters and water sources.

Beginning July 1, 2019, sponsors may apply to h the division for project funding.

g o t hr SECTION 6.

[NEW MATERIAL ] REPORT BY DIVISION.--At least g e i k forty-five days prior to each legislative session, the division h r i s shall submit a report concerning its activities, the projects h , t, implemented and any recommended legislation to the governor e u g e b l e e h and the legislature.

n d d i = = o h SECTION 7.

Section 68-2-28 NMSA 1978 (being Laws 1987, l ] b ,d i a º e Chapter 143, Section 6, as amended) is amended to read:

r i = r t e w d m a n o "68-2-28.

FOREST LAND PROTECTION REVOLVING FUND dCREATED.-- mA. :

b e d s º o t n = .211393.1 s k m e - 7 - e a n e d r e l u [ A d CREATED.-- A.

The forest land protection revolving fund shall consist of all receipts as provided by Section 68-2-26 NMSA 1978, appropriations, gifts, grants, donations and [from] revenue received by the forestry division of the energy, minerals and natural resources department from the federal government or other state agencies and other sources for conducting forest and watershed management projects.

HB 266/a Page 7 (1) for the administration and enforcement of the Forest Conservation Act;

[and ] h (2) to administer forest and watershed g o t hr management projects, including acquisition of tools and g e i k equipment and expenses incurred by the forestry division in h r i s planning and supervising forest and watershed management h , t, projects;

and e u g e b l e e h (3) to fund approved projects pursuant to the n d d i = = o h Forest and Watershed Restoration Act.

l ] b ,d i a º e B.

Money in the forest land protection revolving r i = r t e w d m a n o fund shall not revert to the general fund." dSECTION m8. :

b e d s º o t n = .211393.1 s k m e - 8 - e a n e d r e l u [ A d SECTION 8.

There is appropriated annually all money remaining in the improvement of the Rio Grande income fund after the distribution pursuant to Subsection A of this section or as much thereof as may be necessary for the purpose of complying with Sections 72-14-4 through 72-14-6 HB 266/a Page 8 and 72-14-9 through 72-14-28 NMSA 1978 and to fulfill and carry out their purposes and intentions.

The appropriations authorized shall h be paid, from time to time as may be necessary, upon vouchers g o t hr approved by the interstate stream commission." g e i k SECTION 9.

Section 72-14-23 NMSA 1978 (being Laws 1955, h r i s Chapter 266, Section 15, as amended) is amended to read:

h , t, "72-14-23.

NEW MEXICO IRRIGATION WORKS CONSTRUCTION FUND e u g e b l e e h CREATED--LIMITATION OF LIABILITY UNDER ACT--REPARATION OF n d d i = = o h DAMAGES CAUSED IN CARRYING OUT POWERS GRANTED--AUTHORITY OF l ] b ,d i a º e COMMISSION TO RECEIVE CONTRIBUTIONS.-- r i = r t e w d m a n o A.

There is [(hereby)] created a fund to be known das mthe :"New Mexico irrigation works construction fund", which shall consist of the income creditable to the permanent reservoirs for irrigation purposes income fund not otherwise pledged under Section 72-14-19 NMSA 1978 and all other money that may be appropriated by the legislature to the construction fund.

bThe efund dshall sbe º o t n = .211393.1 s k m e - 9 - e a ncontinuing efund dand r e l u [ A d as the "New Mexico irrigation works construction fund", which shall consistnot ofrevert the income creditable to the permanentgeneral reservoirs for irrigation purposes income fund notor otherwise pledged under Section [75-34-19 New Mexico Statutes Annotated, Compilation, (being Laws 1955, Chapter 266, Section 11)] 72-14-19 NMSA 1978 and all other [moneys which] money that may be appropriated by the [state ] legislature to [said]any theother construction fund.

[Such] The fund shall be a continuing fund and shall not revert to the general fund [of the state ] or to any other fund [of the state at the end of any biennium].

The cost of investigations and construction as authorized in Section [75-34-11 New Mexico Statutes Annotated, Compilation (being Laws 1955, Chapter 266, Section 3)] h 72-14-11 NMSA 1978 shall be paid from [said]HB 266/a Page 9 the New Mexico u » r irrigation works construction fund and also the cost of all t h g e l i preliminary work on any project, and all expenses directly h r i s chargeable to such project, prior to the receipt of the h , e h proceeds of bonds, shall be paid from the construction fund.

t u g e b l e e , gh The amount of all such expenses on account of any project [or n d d i = = o h projects] and such part of the general administrative expenses l ] b ,d i a º r of the commission and the cost of investigation [oras eshall rbe =properly tchargeable, ein wthe dopinion mof athe ncommission, oto investigations]such asproject shall be properlyreimbursed chargeable,to inthe construction fund upon the opinionreceipt dof mthe :proceeds of bonds issued for such project.

bNo rliability eor tobligation ºshall obe tincurred nunder =the .211393.1provisions sof kSections m72-14-9 ethrough -72-14-28 10NMSA -1978 ebeyond a n e d r e l u [ A d of the commission,extent to suchwhich project [or projects] shall be reimbursed to the constructionmoney fundhas uponbeen theprovided receiptunder of the proceedsauthority of bondsthose issuedsections. for such project [or projects ].

NoAll liabilitypublic orand obligationprivate shallproperty bedamaged incurredor underdestroyed thein provisionscarrying ofout Sectionsthe [75-34-9powers togranted 75-34-27under Newthose Mexicosections Statutes,shall 1953be Compilationrestored (beingor Lawsrepaired 1955,and Chapterplaced 266,in Sectionsits 1original tocondition, 19)]as 72-14-9nearly throughas 72-14-28practicable, NMSAor 1978adequate beyondcompensation themade extenttherefor toout whichof thefunds money [shall have ] has been provided underby the authority of [this act ] those sections.

All public and private property damaged or destroyed in carrying out the powers granted under [this act ] those sections shall be restored or repaired and placed in [their ] its original condition, as nearly as practicable, or adequate compensation made therefor out of funds provided by [this act ] those sections.

The commission shall also have authority to pay the cost of such investigations and construction on any project h from [said ] the New Mexico irrigation works construction fund g o t hr when contracts in form satisfactory to it [shall ] have been g e i k entered into whereby title to works [shall] have been h r i s mortgaged, deeded, assigned or transferred by the owner h , t, [thereof ] to the commission, and a HB 266/a Page 10 program for reimbursement of e u g e b l e e h all amounts expended, together with operation and maintenance n d d i = = o h charges, [shall ] have been agreed upon;

provided that no l ] b ,d i a º e construction contract shall be entered into without the prior r i = r t e w d m a n o approval of the state board of finance.

The commission shall dalso mhave :authority to receive and accept appropriations and contributions from any source of either money or property or other things of value to be held, used and applied for the purposes provided in Sections 72-14-9 through 72-14-28 NMSA 1978." HB 266/a Page 11 25

b e d s º o t n = .211393.1 s k m e - 11 - e a n e d r e l u [ A d also have authority to receive and accept appropriations and contributions from any source of either money or property or other things of value to be held, used and applied for the purposes [in this act ] provided in Sections 72-14-9 through 72-14-28 NMSA 1978." - 12 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .211393.1 s k em e e a n e d r e l u [ A d