SENATE BILL 71
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO STATE GOVERNMENT; CREATING THE OFFICE OF HOUSING; PROVIDING POWERS AND DUTIES; PROVIDING FOR THE DEVELOPMENT AND UPDATING OF THE STATE HOUSING PLAN; ADDING THE DIRECTOR OF THE OFFICE OF HOUSING TO THE NEW MEXICO MORTGAGE FINANCE AUTHORITY; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] OFFICE OF HOUSING CREATED--ADMINISTRATIVELY ATTACHED--POWERS AND DUTIES--STATE HOUSING PLAN.--
A. As used in this section, "housing" means real property and infrastructure that is residential housing, including rental housing, the housing portion of a mixed-use commercial and housing project and commercial property that is repurposed for residential housing.
B. The "office of housing" is created and is administratively attached to the department of finance and administration. The department shall provide administrative services for the office.
C. The purpose of the office of housing is to study, evaluate and coordinate housing across jurisdictions statewide, including housing investment, development, infrastructure, revitalization, equity, stability, quality and standards.
D. The director of the office of housing shall be appointed by the governor. Subject to appropriations, the director may employ technical and clerical assistants as necessary to carry out the powers and duties of the office.
E. The office of housing shall:
(1) submit the state housing plan to the governor and the legislature by July 1, 2024 and shall submit an updated plan by January 1 of each year;
(2) provide technical assistance to local governments and developers in assembling funding packages and project management of housing and necessary infrastructure development for housing projects and for the promotion of public-private partnership agreements;
(3) provide technical assistance and training to local governments and Indian nations, tribes and pueblos in developing housing plans in alignment with the state housing plan;
(4) identify programs to build competency in housing finance and development and construction trade workforces;
(5) assist the New Mexico mortgage finance authority and the New Mexico finance authority in coordinating funding for housing projects in accordance with the state housing plan;
(6) work across jurisdictions to promote regional plans or programs that implement recommendations of the state housing plan or other studies undertaken by state agencies, appointed commissions or councils on housing or the state housing authority relative to housing;
(7) coordinate across state agencies, state and regional housing authorities and appointed commissions or councils on housing to implement actions for housing or supportive housing services within their existing authority;
(8) collect and report data at least annually to describe and monitor the housing market in regions of the state and statewide and establish housing production goals;
(9) evaluate housing data to identify:
(a) geographic gaps in housing availability and whether the gaps are the result of increased or decreased economic activity;
(b) duplications of service and finance efforts; and
(c) adequate progress toward housing production goals;
(10) monitor adherence to use and restriction agreements on projects that receive funding in accordance with the state housing plan;
(11) track housing investments and initiatives to measure the success and impacts of state, regional and local housing programs and monitor state and local efforts to meet defined housing goals and necessary policy changes or resource investment to achieve the goals and make findings publicly available; and
(12) perform other duties identified by the office or assigned by the governor or the legislature to ensure that the state meets or exceeds the housing goals delineated in the state housing plan.
F. State agencies, the New Mexico mortgage finance authority, the New Mexico finance authority, regional housing authorities, local governments, tribal governments and private sector housing stakeholders shall participate with and assist the office of housing in the development and updating of the state housing plan.
G. The state housing plan shall include:
(1) a statewide inventory and housing needs assessment, including necessary infrastructure;
(2) an analysis of the effects of local zoning, permitting and building inspections on housing production;
(3) an assessment and strategies to address barriers to the development of sufficient housing throughout New Mexico, including zoning, land use and economic barriers;
(4) state-level goals to increase housing stock in urban, suburban and rural communities;
(5) strategies to eliminate housing discrimination and housing inequities;
(6) improvements in development standards;
(7) incentives for in-fill projects and developments that are environmentally sensitive and preserve open space;
(8) incentives for the renovation and maintenance of housing, particularly in rural areas where housing developments may be less attractive to private developers;
(9) the potential to increase housing investments and financing opportunities;
(10) the elimination of duplicative or conflicting state and local housing requirements and efforts;
(11) the requirement that the New Mexico mortgage finance authority, the New Mexico finance authority and any other state, regional, local or tribal funding agency shall coordinate their efforts to ensure the appropriate and effective use of public money; and
(12) recommendations for statutory and executive changes necessary to implement the state housing plan.
SECTION 2. Section 58-18-4 NMSA 1978 (being Laws 1975, Chapter 303, Section 4, as amended) is amended to read:
"58-18-4. AUTHORITY CREATED.--
A. There is created a public body politic and corporate, separate and apart from the state, constituting a governmental instrumentality, to be known as the "New Mexico mortgage finance authority", for the performance of essential public functions. The authority shall be composed of [seven] eight members, including the lieutenant governor, state treasurer and attorney general, [shall be ex-officio members of the authority with voting privileges] who shall serve as ex-officio voting members, and the director of the office of housing, who shall serve as an ex-officio nonvoting member. The governor, with the advice and consent of the senate, shall appoint the other four members of the authority, who shall be residents of the state and shall not hold other public office. The four members of the authority appointed by the governor shall be appointed for staggered terms of four years or less [staggered] so that the term of one member expires on January 1 of each year. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term. Any member of the authority shall be eligible for reappointment. Each member of the authority appointed by the governor may be removed by the governor for misfeasance, malfeasance or willful neglect of duty after reasonable notice and a public hearing, unless the notice and hearing are, in writing, expressly waived. Each member of the authority appointed by the governor, before entering upon duty, shall take an oath of office to administer the duties of the office faithfully and impartially, and a record of the oath shall be filed in the office of the secretary of state. The governor shall designate a member of the authority to serve as chair for a term that shall be coterminous with the chair's then current term as a member of the authority. The authority shall annually elect one of its members as vice chair. The authority shall also elect or appoint and prescribe the duties of other officers, who need not be members, as the authority deems necessary or advisable, including an executive director and a secretary, who may be the same person. The authority shall fix the compensation of officers. Officers and employees of the authority are not subject to the Personnel Act. The authority may delegate to one or more of its members, officers, employees or agents the powers and duties it may deem proper.
B. All members, officers, employees or agents exercising any voting power or discretionary authority shall be required to have a fiduciary bond in the amount of one million dollars ($1,000,000) for the faithful performance of their duties, the cost of which shall be proper expense of the authority.
C. The executive director shall administer, manage and direct the affairs and business of the authority, subject to the policies, control and direction of the members of the authority. The secretary of the authority shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority and its official seal. The secretary shall have authority to make copies of all minutes and other records and documents of the authority and to give certificates under the official seal of the authority to the effect that the copies are true copies, and all persons dealing with the authority may rely upon the certificates.
D. Meetings of the authority shall be held at the call of the chair or whenever three members so request in writing. A majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. A vacancy in the membership of the authority shall not impair the rights of a quorum to exercise all the rights and to perform all the duties of the authority. An ex-officio member from time to time may designate in writing another person to attend meetings of the authority and, to the same extent and with the same effect, act in the member's stead.
E. The authority is not created or organized, and its operations shall not be conducted, for the purpose of making a profit. No part of the revenues or assets of the authority shall inure to the benefit of or be distributable to its members or officers or other private persons. The members of the authority shall not receive compensation for their services, but the members of the authority, its officers and employees shall be paid allowed expenses if approved by the authority in accordance with policies adopted by the authority and approved by the Mortgage Finance Authority Act oversight committee.
F. The authority shall be separate and apart from the state and shall not be subject to the supervision or control of a board, bureau, department or agency of the state except as specifically provided in the Mortgage Finance Authority Act. To effectuate the separation of the state from the authority, the use of the terms "state agency" or "instrumentality" in any other law of the state shall not be deemed to refer to the authority unless the authority is specifically named."
SECTION 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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