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HOUSE BILL 449
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Derrick J. Lente
AN ACT
RELATING TO CAPITAL IMPROVEMENTS; CREATING THE HIGHER EDUCATION
MAJOR PROJECTS FUND; SPECIFYING ELIGIBLE USES OF THE FUND;
PROVIDING CRITERIA FOR FUNDING; SPECIFYING REQUIREMENTS;
REQUIRING THE HIGHER EDUCATION DEPARTMENT TO ADOPT SPACE AND
DESIGN STANDARDS; ALLOWING THE LEGISLATURE TO WAIVE MATCH
REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] HIGHER EDUCATION MAJOR PROJECTS
FUND--CREATED.--
A. The "higher education major projects fund" is
created as a nonreverting fund in the state treasury. The fund
consists of appropriations, income from investment of the fund,
gifts, grants, donations and other money credited to the fund.
The fund shall be administered by the department, and money in
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the fund is subject to appropriation by the legislature for
qualifying major capital outlay projects at educational
institutions. Expenditures shall be by warrant of the
secretary of finance and administration pursuant to vouchers
signed by the secretary of higher education or the secretary's
authorized representative.
B. Eligible uses of the fund include:
(1) for the four-year educational
institutions, major capital projects for instruction and
general and research purposes, which means projects costing
fifty million dollars ($50,000,000) or more; and
(2) for the four- and the two-year educational
institutions, student housing and student life projects.
C. Except as provided in Subsection D of this
section, eligible major projects shall meet the following
criteria before appropriations are made from the fund:
(1) for design phase funding, the educational
institution shall provide at least a twenty-five percent match
from sources other than the state for major instructional and
general and research purposes and at least a fifty percent
match from sources other than the state for student housing and
student life projects; and
(2) for construction phase funding, the
educational institution shall provide at least a ten percent
match from sources other than the state for major instructional
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and general and research purposes and for student housing and
student life projects:
(a) at least a fifty percent match from
sources other than the state for two-year educational
institutions; and
(b) at least a twenty percent match from
sources other than the state for four-year educational
institutions.
D. Student housing and student life projects shall
adhere to space and design standards adopted by the higher
education department. To the extent a major capital outlay
project exceeds the standards, the associated costs shall not
be paid by the state.
E. The match requirements provided for in
Subsection C of this section may be eligible to be waived upon
a finding by the department that the educational institution
cannot reasonably afford the required match with institutional
reserves, bonds or other sources available to the educational
institution. The secretary of higher education shall notify
the secretary of finance and administration and the director of
the legislative finance committee of the findings by November 1
of the year preceding the legislative session in which funding
is being sought by the educational institution. Waivers shall
be subject to the ratification and approval of the legislature
prior to the waiver being granted.
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F. Money from the fund shall not be appropriated
for construction phase funding prior to the completion of at
least fifty percent of the design phase and the submission of
design documents to the department and the legislative finance
committee.
G. In addition to other requirements in this
section, an educational institution shall provide to the
department and the legislative finance committee documentation
showing historic on-campus student populations and the expected
number of on-campus students to be served by a new facility and
documentation demonstrating the new facility's compliance with
existing institutional space standards and policies.
H. As used in this section:
(1) "department" means the higher education
department;
(2) "four-year educational institution" means
a university enumerated in Article 12, Section 11 of the
constitution of New Mexico; and
(3) "two-year educational institution" means a
community college or a tribal college located wholly within the
exterior boundaries of New Mexico, but does not mean a
constitutional special school.
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