HB 207 — CHANGE LOCAL GOVERNMENT TRANSPO PROJECT FUND

HOUSE BILL 207 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Harry Garcia and D.

Wonda Johnson and Anthony Allison and Derrick J.

Lente and Eliseo Lee Alcon This document incorporates amendments that have been adopted during the current legislative session.

The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.

CHANGING THE "LOCAL GOVERNMENT TRANSPORTATION PROJECT FUND" TO THE "TRANSPORTATION PROJECT h FUND";

ALLOWING INDIAN NATION, TRIBE OR PUEBLO PROJECTS TO BE g o FUNDED BY THE TRANSPORTATION PROJECT FUND.

t7 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 67-3-78 NMSA 1978 (being Laws 2019, e u g e b l e e h Chapter 205, Section 1) is amended to read:

n d d i = = o h "67-3-78.

[DEFINITIONS LOCAL GOVERNMENT ] TRANSPORTATION l ] b ,d i a º e PROJECT FUND CREATED--[DISTRIBUTIONSCREATED-- ] PLANNING AND r i = r t e w d m a n o PRIORITIZATION OF FUNDING TRANSPORTATION PROJECTS FOR COUNTIES, dMUNICIPALITIES mAND :INDIAN NATIONS, TRIBES AND PUEBLOS.-- A.

bThe e"transportation dproject sfund" ºis ocreated tin nthe =state .215929.4SAAICtreasury. February 5, 2020 (4:45pm) s k m e e a n e d r e l u [ A d MUNICIPALITIES AND INDIAN NATIONS, TRIBES AND PUEBLOS.-- [A.

AsThe usedfund inconsists thisof section:appropriations, donations, interest from investment of the fund and other money distributed to the fund.

(1)The "fund"department meansshall administer the localfund governmentand transportationmay projectestablish fund;subaccounts for the fund as it deems necessary.

(2)Money "localin government"the meansfund ais countyappropriated orto municipality;the department for expenditure as provided in this section.

(3) "local government transportation project" means environmental and other studies, planning, design, construction and acquisition of rights of way necessary for the development of transportation infrastructure in a county or municipality;

(4) "non-state money" means money that does not derive from revenue or interest into the state treasury or into a state fund;

and (5) "transportation infrastructure" means highways, streets, roadways, bridges, crossing structures and h parking facilities, including all areas for vehicular use for g o t hr travel, ingress, egress and parking.

g e i k B.] A.

The "[local government] transportation h r i s project fund" is created in the state treasury.

The fund h , t, consists of appropriations, donations, interest from investment e u g e b l e e h of the fund and other money distributed to the fund.

The n d d i = = o h department shall administer the fund and may establish l ] b ,d i a º e subaccounts for the fund as it deems necessary.

Money in the r i = r t e w d m a n o fund is appropriated to the department for expenditure as d m :

b e d s º o t n = .215929.4SAAIC February 5, 2020 (4:45pm) s k m e - 2 - e a n e d r e l u [ A d provided in this section.

[C.HB 207/a Page 1 B.

]Money B.in the fund may be used to make a grant to a county, municipality or tribe for a transportation project that has been approved pursuant to Subsection C of this section for up to:

Money(1) inninety-five thepercent fundof maythe betotal usedcost toof make a grant to a [local government ] county, municipality or tribe for a [local government ] transportation projectproject; that has been approved pursuant to Subsection [D ] C of this section for up to:

(1)provided ninety-fivethat percentthe ofcounty, themunicipality totalor costtribe has demonstrated an ability, and has contracted, to provide the remainder of athe [localproject governmentcosts ]in transportationnon-state project;money;

providedor that(2) one hundred percent of the [localtotal governmentcost ]of a transportation project if a financial hardship qualification certificate is issued to the county, municipality or tribe hasby demonstratedthe andepartment ability,of finance and hasadministration contracted,and to provide the remainderlevel of thehardship projectassistance costsis inapproved non-stateby money;the state transportation commission;

orprovided (2)that one hundred percent of the total cost of a h [local government ] transportation project if a financial g o t hr hardship qualification certificate is issued to the [local g e i k government] county, municipality or tribe byhas thedemonstrated departmentan ofability, hand rhas icontracted, sto financeprovide andthe administrationremainder, andif theany, level of hardshipthe assistanceproject hcosts ,in t,non-state ismoney. approved by the state transportation commission;

providedC. e u g e b l e e h that the [local government ] county, municipality or tribe has n d d i = = o h demonstrated an ability, and has contracted, to provide the l ] b ,d i a º e remainder, if any , of the project costs in non-state money.

rBy iAugust =1 rof teach eyear, wthe dsecretary mshall submit a nproposed olist [D.to the state transportation commission of transportation projects identified through a transportation planning process by metropolitan planning organizations and regional transportation planning organizations.

]The C.commission shall approve a prioritized list of the transportation projects for funding from the fund HB 207/a Page 2 by September 1 of each year.

ByThe [Augustcommission 1,may 2019approve andsubsequent by]changes Augustto 1a ofpriority eachlist das mthe :commission deems necessary.

bD. e d s º o t n = .215929.4SAAIC February 5, 2020 (4:45pm) s k m e - 3 - e a n e d r e l u [ A d year [thereafter], the secretary shall submit a proposed list to the state transportation commission of [local government] transportation projects identified through a transportation planning process by [the department's metropolitan planning organization and regional transportation planning organization planning process to the state transportation commission.

SubjectBy toNovember any30 directionof byeach year, the legislaturedepartment regardingshall distributionsprovide froma report to the fund,appropriate suchinterim aslegislative minimumcommittee distributionson bythe engineeringstatus districtsof orthe tofund, ruralthe orstatus urbanizedof localthe governments]transportation metropolitanprojects planningfor organizationswhich grants have been made from the fund and regionalthe transportationoutstanding planningdemand organizations.for assistance from the fund.

TheE. commission shall approve a prioritized list of [local government ] the transportation projects for funding from the fund by [September 1, 2019 and by] September 1 of each year [thereafter].

The commission may approve subsequent changes to a priority list as [it] the commission deems necessary.

h [E.

] D.