SB 44 — EQUIPMENT PURCHASES FOR LAND GRANTS

SENATEAN BILLACT 44RELATING 54THTO LEGISLATURETHE -LOCAL STATEOFNEWMEXICO-GOVERNMENTS FIRSTROAD SESSIO,FUND; 2019 INTRODUCED BY Richard C.

MartinezPERMITTING andTHE TomásDEPARTMENT E.OF TRANSPORTATION TO PURCHASE AUTOMOTIVE, MAJOR ROAD AND MISCELLANEOUS EQUIPMENT FOR LAND GRANTS-MERCEDES UNDER CERTAIN CIRCUMSTANCES.

Salazar7 andBE AndreaIT RomeroENACTED 6BY 8 FOR THE LANDLEGISLATURE GRANTOF COMMITTEE 10 AN ACT RELATING TO THE LOCALSTATE GOVERNMENTSOF ROADNEW FUND;MEXICO:

PERMITTINGSECTION THE1. DEPARTMENT OF TRANSPORTATION TO PURCHASE AUTOMOTIVE, MAJOR ROAD AND MISCELLANEOUS EQUIPMENT FOR LAND GRANTS-MERCEDES UNDER 14 CERTAIN CIRCUMSTANCES.

16Section BE67-3-28.2 ITNMSA ENACTED1978 BY(being THELaws LEGISLATURE1986, OFChapter THE20, STATESection OF125, NEWas MEXICO:amended) is amended to read:

e"67-3-28.2. t 17 SECTION 1.

SectionLOCAL 67-3-28.2GOVERNMENTS NMSAROAD 1978FUND (beingCREATED-- LawsUSES.-- 1986,A. w l n d 18 Chapter 20, Section 125, as amended) is amended to read:

=There =is 19created "67-3-28.2.in the state treasury the "local governments road fund" to be administered by the department.

LOCALAll GOVERNMENTSincome ROADreceived FUNDfrom CREATED--investment aof lthe ifund ashall ebe rcredited 20to USES.--the afund. t m m 21 A.

ThereNo ismoney created in the statefund treasuryshall be used by the ddepartment rto eadminister 22any "localprogram, governmentsand roadexcept fund"as provided in Subsection E of this section, no entity receiving a distribution pursuant to bea administeredprogram byrequiring thematching cfunds eshall suse kanother 23distribution department.made pursuant to this section to meet the match required.

AllB. income received from investment of the fund e a n b 24 shall be credited to the fund.

NoThe moneydepartment inmay theuse fundup shallto befive uhundred [thousand useddollars by($500,000) annually from the departmentlocal governments road fund, to administerpurchase anyat program,fair andmarket exceptvalue, asfor .211477.1SB provided44 inmunicipalities, Subsectioncounties Eand ofland thisgrants-mercedes section,that nocan entityPage receiving1 ademonstrate distributionfinancial pursuanthardship toas adetermined programby requiringthe matchingdepartment, fundsautomotive, shallmajor useroad anotherand distributionmiscellaneous madeequipment pursuantthat towould thisotherwise sectionbe tosold meetat auction by the matchdepartment required.as unusable for department purposes.

] The department may use up to five B.

[No more than hundred thousand dollars ($500,000) annually from the local governments road fund, [shall be used by the department ] to purchase at fair market value, for municipalities, [and ] counties and land grants-mercedes that can demonstrate financial hardship as determined by the department, automotive, major road and miscellaneous equipment that would otherwise be sold at auction by the department as unusable for department purposes.

Except for the amounts in Subsections B and E of this section, money in the local governments road fund shall be e e 17 distributed in the following amounts for the specified e e n d 18 purposes:

= = l ] 19 (1) forty-two percent for the cooperative a l r i 20 agreements program, to be used solely for the cooperative t e a t agreements entered into pursuant to Section 67-3-28 NMSA 1978 m m 21 e d r e 22 and in accordance with the match authorized pursuant to Section c e r c 23 67-3-32 NMSA 1978;

provided, however, that distribution amounts e a n b 24 made pursuant to this paragraph in each year shall be based on u [ the following allocations:

.211477.1 - 2 - (a) thirty-three percent for agreements entered into with counties;

SB 44 Page 2 (2) sixteen percent for the municipal arterial program, to be used solely for the necessary project development, construction, reconstruction, improvement, maintenance, repair and right-of-way and material acquisition of and for those streets that are principal extensions of rural state highways and of other streets not on the state highway system but that qualify under the designated criteria established by the department.

In entering into agreements e e 17 with municipalities to provide funds for any project qualifying e e n d 18 for the municipal arterial program, the department shall give = = l ] 19 preference to municipalities that contribute an amount equal to a l r i 20 at least twenty-five percent of the project cost, including a t e a t contribution made through funding received pursuant to m m 21 e d r e 22 Subsection E of this section;

c e r c 23 (3) sixteen percent for school bus routes, to e a n b 24 be used solely for cooperative agreements entered into pursuant u [ to Section 67-3-28 NMSA 1978 and in accordance with the match .211477.1 - 3 - authorized pursuant to Section 67-3-32 NMSA 1978 for acquiring rights of way and constructing, maintaining, repairing, improving and paving school bus routes and public school parking lots;

and (4) twenty-six percent for the county arterial program, to be used for project development, construction, reconstruction, improvement, maintenance, repair and right-of-right-of-way way and material acquisition of and for SB 44 Page 3 county roads for which individual counties have prioritized road projects.

e e 17 400 miles or under $250 for each mile e e n d 18 401 to 800 miles $100,000 plus $200 for each = = l ] 19 mile over 400 miles a l r i 20 801 to 1,200 miles $180,000 plus $150 for each t e a t mile over 800 miles m m 21 e d r e 22 1,201 to 1,600 miles $240,000 plus $100 for each c e r c 23 mile over 1,200 miles e a n b 24 Over 1,600 miles $300,000 plus $50 for each u [ mile over 1,600 miles.

.211477.1 - 4 - If in any year there is an insufficient amount in the fund of the county arterial program to certify the total amount to which all counties are entitled, the department shall decrease the entitlement amount due to each county in the same proportion as the insufficiency is to the total entitlements to all counties.

Distribution of an entitlement amount and an agreement entered into with a county for any of SB 44 Page 4 the purposes for which the money may be spent requires an amount from the county equal to at least twenty-five percent of the entitlement.

e e 17 D.

The department may transfer funds from the state e e n d 18 road fund to the local governments road fund to facilitate cash = = l ] 19 flow for the funding of these local governments road projects.

a l r i 20 The administrator of the local governments road fund shall t e a t reimburse the state road fund in a timely manner for any such m m 21 e d r e 22 transfers.

c e r c 23 E.

The department may distribute up to one million e a n b 24 dollars ($1,000,000) per calendar year of the money in the u [ local governments road fund to municipalities and counties that .211477.1 - 5 - can demonstrate financial hardship, for use as all or a portion of the municipality's or county's matching fund requirements pursuant to this section.

In order to qualify for matching funds under this subsection, a county or municipality shall provide the department with a financial hardship qualification certificate issued by the department of finance and administration." SB 44 Page 5 SECTION 2.

-SB 644 -Page 126 144 166 e8 e25 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211477.1