HLVMC/HB 158/a
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AN ACT
RELATING TO MILITARY BASES; ENACTING THE MILITARY BASE
PLANNING AND IMPACT ACT; CREATING THE MILITARY BASE IMPACT
FUND; PROVIDING FOR GRANTS TO DEFENSE COMMUNITIES;
ESTABLISHING PURPOSES AND LIMITATIONS; REQUIRING REPORTS;
AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF
CHAPTER 9, ARTICLE 15 NMSA 1978; REPEALING THE SUNSET FOR THE
OFFICE OF MILITARY BASE PLANNING AND SUPPORT AND THE MILITARY
BASE PLANNING COMMISSION; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new Section 9-15-60 NMSA 1978 is enacted
to read:
"9-15-60. SHORT TITLE.--Sections 9-15-60 through
9-15-66 may be referred to as the "Military Base Planning and
Impact Act"."
SECTION 2. A new Section 9-15-61 NMSA 1978 is enacted
to read:
"9-15-61. DEFINITIONS.--As used in the Military Base
Planning and Impact Act:
A. "commission" means the military base planning
commission;
B. "defense community" means a political
subdivision, including a municipality, county or special
district, that encompasses a portion of or is within a HLVMC/HB 158/a
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service area of a United States military base or defense
facility;
C. "defense worker" means:
(1) an employee of the United States
department of defense, including armed forces personnel and
civilian workers;
(2) an employee of a government agency or
private business or organization providing a United States
department-of-defense-related function who is employed at a
military facility;
(3) an employee of a business that directly
provides services or products to the United States department
of defense and whose job is directly dependent on defense
expenditures; or
(4) an employee of the United States
department of energy or an employee or a contractor for the
United States department of energy working at a defense or
United States department of energy facility in support of a
department-of-defense-related project;
D. "defense worker job" means a permanent position
authorized by the United States department of defense or a
position held or occupied by one or more defense workers for
more than twelve months;
E. "department" means the economic development
department; HLVMC/HB 158/a
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F. "fund" means the military base impact fund;
G. "military facility" includes military bases and
research and training facilities owned or operated or under
contract by the United States department of defense; and
H. "military office" means the office of military
base planning and support."
SECTION 3. Section 9-15-50 NMSA 1978 (being Laws 2003,
Chapter 166, Section 3 and Laws 2003, Chapter 170, Section 3)
is recompiled as Section 9-15-64 NMSA 1978 and is amended to
read:
"9-15-64. DUTIES.--The commission shall:
A. obtain and evaluate information about the
federal government's considerations, plans, policies and
initiatives relating to assigned base missions;
B. obtain and evaluate information relating to the
impact of federal assigned base missions on the state's
economy and the military base area's local economy;
C. work with and provide assistance to established
community organizations that have as their purpose the
support of the long-term viability of the military bases in
their local area;
D. ensure collaboration among the community
organizations described in Subsection C of this section and
an understanding of the joint efforts between the military
bases in the state; HLVMC/HB 158/a
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E. work with and provide assistance to the state's
congressional delegation on matters relating to federal
assigned base missions;
F. advise the governor on measures necessary to
ensure the continued presence of military bases in the state;
G. advise the military office concerning the
development of a grant program and make recommendations for
grant awards from the fund; and
H. adopt rules regarding:
(1) the administration of grants from the
fund. The rules shall include the application procedure,
required qualifications for projects and purposes for which
the grants may be used; and
(2) the service area boundary for each
military base in New Mexico."
SECTION 4. A new Section 9-15-65 NMSA 1978 is enacted
to read:
"9-15-65. MILITARY BASE IMPACT FUND CREATED--GRANTS--
REQUIREMENTS AND LIMITATIONS.--
A. The "military base impact fund" is created as a
nonreverting fund in the state treasury. The fund consists
of appropriations, gifts, grants and donations. The
department shall administer the fund, and money in the fund
is appropriated to the military office to provide assistance
for infrastructure projects to defense communities. HLVMC/HB 158/a
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Disbursements from the fund shall be made by warrant of the
secretary of finance and administration pursuant to vouchers
signed by the director of the military office.
B. The military office shall implement a grant
program for infrastructure projects to:
(1) accommodate or leverage, for the benefit
of a defense community, an anticipated expansion of a
military facility or employment of defense workers at a
military facility or the retention of a military facility or
employment of defense workers at a military facility;
(2) increase the potential to retain a
military facility anticipated to be closed or a military
mission that is anticipated to be relocated in a realignment
process initiated by the federal government;
(3) facilitate the recruitment of a new
military mission or other defense worker employer at a
military facility to replace a mission or an employer that is
being or is anticipated to be closed, reduced or relocated;
or
(4) stimulate the development or recruitment
of private or public sector employers to replace an actual or
anticipated reduction in defense worker jobs due to a
closure, reduction or relocation of a military base or
defense worker employer.
C. A recipient of a grant from the fund shall be HLVMC/HB 158/a
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either a defense community or a regional planning
organization organized under the Regional Planning Act that
has a defense community within its planning region.
D. A grant from the fund may be made for project
construction, planning and design or purchase of interests in
land for new facilities or rehabilitation or renovation of
existing facilities; provided that a grant shall be no
greater than the lesser of ninety percent of the total cost
of the project or ninety percent of a matching requirement
from a federal or other nonstate funding source.
E. An applicant for a grant from the fund shall
provide proof satisfactory to the military office that it can
and will meet its cost-share requirements pursuant to this
section."
SECTION 5. A new Section 9-15-66 NMSA 1978 is enacted
to read:
"9-15-66. REPORTS.--On or before November 30, 2025, and
on or before November 30 in each subsequent year, the
military office shall provide a report to the governor and to
the interim legislative committee tasked with examining
economic development issues on the status of the fund, the
projects that have received grants and rates of success of
the grantees in achieving the goals for which the grants were
made."
SECTION 6. TEMPORARY PROVISION--RECOMPILATION.-- HLVMC/HB 158/a
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Sections 9-15-48 and 9-15-49 NMSA 1978 (being Laws 2003,
Chapter 166, Section 1 and Laws 2003, Chapter 170, Section 1;
and Laws 2003, Chapter 166, Section 2 and Laws 2003, Chapter
170, Section 2, as amended) are recompiled as Sections
9-15-62 and 9-15-63 NMSA 1978.
SECTION 7. REPEAL.--Section 9-15-51.1 NMSA 1978 (being
Laws 2021, Chapter 50, Section 1) is repealed.