HOUSE BILL 13
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Raymundo Lara and Nathan P. Small
AN ACT
RELATING TO BORDER DEVELOPMENT; AMENDING THE BORDER DEVELOPMENT ACT; CHANGING THE COMPOSITION OF THE BORDER AUTHORITY; PROVIDING PROFESSIONAL QUALIFICATION REQUIREMENTS FOR THE POSITION OF EXECUTIVE DIRECTOR; MAKING TECHNICAL AND CLARIFYING CHANGES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 58-27-3 NMSA 1978 (being Laws 1991, Chapter 131, Section 3, as amended) is amended to read:
"58-27-3. DEFINITIONS.--As used in the Border Development Act:
A. "authority" means the border authority;
B. "bond" includes notes and obligations;
C. "bondholder" means the owner of a registered or unregistered bond;
[B.] D. "financial assistance" means grants and loans provided for projects to a qualified entity on terms and conditions approved by the authority;
[C.] E. "mortgage" means a mortgage or a mortgage and deed of trust or the pledge and hypothecation of any assets as collateral security;
[D.] F. "port of entry" means an international port of entry in New Mexico at which customs services are provided by the United States customs and border protection;
[E.] G. "project" means [any] land, [or] a building or [any] other [improvements] improvement acquired as a part of a port of entry, [or] associated with a port of entry or to aid commerce in connection with a port of entry, including [all] real [and] or personal property [deemed] acquired as necessary in connection therewith, whether or not now in existence. A project shall be suitable for use by, or for, one or more of the following:
(1) a port of entry, a foreign trade zone, an inspection station, an emergency response station or any other facilities to be used by [any] an agency or entity of the United States government, [by] another qualified entity or [by any other] a foreign international state;
(2) an industry for the manufacturing, processing or [assembling of any] assembly of an agricultural, mining or manufactured product;
(3) a railroad switching yard, railroad station, bus terminal, airport or other passenger, commuter or mass transportation system or freight transportation system;
(4) a commercial business or other enterprise engaged in storing, warehousing, distributing or selling products of manufacturing, agriculture, mining or related industries, not including facilities designed for the distribution to the public of electricity or gas;
(5) an enterprise in which all or part of the activities of the enterprise involve supplying services to the general public or to governmental agencies or to a specific industry or customer;
(6) any industrial, commercial, agricultural, professional or other business enterprise seeking to occupy office space;
(7) infrastructure development involving acquiring, repairing, improving or maintaining storm sewers and other drainage improvements, sanitary sewers, sewage treatment, water utilities or solid waste disposal facilities, including acquiring rights of way or water rights;
(8) infrastructure development involving reconstructing, resurfacing, maintaining, repairing or improving existing alleys, streets, roads or bridges or laying off, opening, constructing or acquiring new alleys, streets, roads or bridges, including acquiring rights of way;
(9) any industry that involves any water distribution or irrigation system, including pumps, distribution lines, transmission lines, fences, dams and similar facilities and equipment, including acquiring rights of way; or
(10) fire protection services or equipment or police protection services or equipment;
[F.] H. "property" means land, improvements to the land, buildings and improvements to the buildings, machinery and equipment of any kind necessary to the project, operating capital and any other personal properties deemed necessary in connection with the project; and
[G.] I. "qualified entity" means the state or one of its agencies, instrumentalities, institutions or political subdivisions or the United States or any corporation, department, instrumentality or agency of the federal government
[H. "bond" means any bonds, notes or other obligations; and
I. "bondholder" means a person who is the owner of a bond, regardless of whether the bond is registered]."
SECTION 2. Section 58-27-4 NMSA 1978 (being Laws 1991, Chapter 131, Section 4, as amended) is amended to read:
"58-27-4. BORDER AUTHORITY CREATED--MEMBERSHIP.--
A. The "border authority" is created. The authority is a state agency and is administratively attached to the economic development department.
[B. The authority consists of seven voting members, six of whom shall be appointed by the governor. No more than three of those appointed shall belong to the same political party. The seventh member shall be the secretary of economic development or the secretary's designee. The voting members appointed by the governor shall be confirmed by the senate. The lieutenant governor shall serve as a nonvoting ex-officio member. The chair may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters.
C. The six voting members of the authority appointed by the governor shall be citizens of the state and shall serve for terms of four years except for the initial appointees who shall be appointed so that the terms are staggered after initial appointment. Initial appointees shall serve terms as follows: two members for two years, two members for three years and two members for four years.]
B. The authority consists of the following eight members:
(1) the secretary of economic development or the secretary's designee;
(2) the secretary of transportation or the secretary's designee;
(3) three members appointed by the governor, subject to the advice and consent of the senate, who:
(a) are New Mexico residents;
(b) represent the private sector; and
(c) have professional experience in: 1) accounting; 2) agriculture; 3) business logistics or freight shipping; 4) business management; 5) economic or land development; 6) economics; 7) engineering; 8) finance; 9) international commerce; or 10) the practice of law;
(4) one member appointed by the governor, subject to the advice and consent of the senate, who is a city councilor or mayor of a municipality with a jurisdiction that is within twenty miles of a port of entry;
(5) one member appointed by the governor, subject to the advice and consent of the senate, who is a member of a board of county commissioners of a county with a jurisdiction that includes a port of entry; and
(6) one member appointed by the governor, subject to the advice and consent of the senate, who is a state legislator whose district borders Mexico.
C. The members of the authority appointed by the governor pursuant to Subsection B of this section shall serve the following terms:
(1) one initial appointee, a one-year term;
(2) one initial appointee, a two-year term;
(3) one initial appointee, a three-year term;
(4) one initial appointee, a four-year term; and
(5) all other appointees, a five-year term.
D. The authority shall invite the following officials to serve as advisory members of the authority:
(1) the two United States senators representing New Mexico or those senators' designees;
(2) the United States representative representing New Mexico's second congressional district or the
representative's designee;
(3) the lieutenant governor or the lieutenant governor's designee;
(4) the governor of the state of Chihuahua, Mexico, or the governor's designee;
(5) the governor of the state of Sonora, Mexico, or the governor's designee;
(6) a person involved with business development in Mexico; and
(7) additional members as deemed necessary and approved by the authority."
SECTION 3. Section 58-27-6 NMSA 1978 (being Laws 1991, Chapter 131, Section 6, as amended) is amended to read:
"58-27-6. OFFICERS OF THE AUTHORITY.--The [secretary of economic development shall serve as the chairman of the authority. Authority members shall elect any other officers from the membership that the authority determines appropriate] members of the authority shall elect a voting member to be its chair and a voting member to be its vice chair. The members of the authority may establish other officer positions as the members deem appropriate. All officer positions shall be for a term of one year."
SECTION 4. Section 58-27-10 NMSA 1978 (being Laws 1991, Chapter 131, Section 10, as amended) is amended to read:
"58-27-10. POWERS AND DUTIES OF AUTHORITY.--
A. The authority shall:
(1) advise the governor and the governor's staff and the New Mexico finance authority oversight committee on [methods, proposals] programs and initiatives [involving the New Mexico-Chihuahua] for development in the New Mexico-Mexico border area that may [further] stimulate the border economy and provide additional employment opportunities for New Mexico [citizens] residents and on the methods and proposals related to those programs and initiatives;
(2) subject to the provisions of the Border Development Act, initiate, develop, acquire, own, construct and maintain border development projects;
(3) create programs to expand economic opportunities beyond the [New Mexico-Chihuahua] New Mexico-Mexico border area to other areas of the state;
(4) create avenues of communication between New Mexico and [Chihuahua and the Republic of] Mexico concerning economic development, trade, [and] commerce, transportation and industrial affairs;
(5) promote legislation that will further the goals of the authority and development of the border [region] area;
(6) produce or cause to have produced promotional literature [related to explanation and fulfillment of] explaining the authority's goals and reporting on the progress made toward those goals;
(7) actively recruit industries and establish programs that will result in the location and relocation of new industries in the state;
(8) coordinate and expedite the involvement of the [executive department's] state agency