NM
New Mexico House Bill HB449

New Mexico 2025 Regular Session

New Mexico House Bill HB449 Compare Versions

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1-HB 449/a
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28+HOUSE BILL 449
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Derrick J. Lente
2848 AN ACT
29-RELATING TO CAPITAL IMPROVEMENTS; CREATING THE HIGHER
30-EDUCATION MAJOR PROJECTS FUND; SPECIFYING ELIGIBLE USES OF
31-THE FUND; PROVIDING CRITERIA FOR FUNDING; SPECIFYING
32-REQUIREMENTS; REQUIRING THE HIGHER EDUCATION DEPARTMENT TO
33-ADOPT SPACE AND DESIGN STANDARDS; ALLOWING THE LEGISLATURE TO
34-WAIVE MATCH REQUIREMENTS.
49+RELATING TO CAPITAL IMPROVEMENTS; CREATING THE HIGHER EDUCATION
50+MAJOR PROJECTS FUND; SPECIFYING ELIGIBLE USES OF THE FUND;
51+PROVIDING CRITERIA FOR FUNDING; SPECIFYING REQUIREMENTS;
52+REQUIRING THE HIGHER EDUCATION DEPARTMENT TO ADOPT SPACE AND
53+DESIGN STANDARDS; ALLOWING THE LEGISLATURE TO WAIVE MATCH
54+REQUIREMENTS.
3555 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
36-SECTION 1. HIGHER EDUCATION MAJOR PROJECTS FUND--
37-CREATED.--
56+SECTION 1. [NEW MATERIAL] HIGHER EDUCATION MAJOR PROJECTS
57+FUND--CREATED.--
3858 A. The "higher education major projects fund" is
39-created as a nonreverting fund in the state treasury. The
40-fund consists of appropriations, income from investment of
41-the fund, gifts, grants, donations and other money credited
42-to the fund. The fund shall be administered by the
43-department, and money in the fund is subject to appropriation
44-by the legislature for qualifying major capital outlay
45-projects at educational institutions. Expenditures shall be
46-by warrant of the secretary of finance and administration
47-pursuant to vouchers signed by the secretary of higher
48-education or the secretary's authorized representative.
49-B. Eligible uses of the fund include:
50-(1) for the four-year educational
51-institutions, major capital projects for instruction and HB 449/a
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59+created as a nonreverting fund in the state treasury. The fund
60+consists of appropriations, income from investment of the fund,
61+gifts, grants, donations and other money credited to the fund.
62+The fund shall be administered by the department, and money in
63+.229954.4 underscored material = new
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90+the fund is subject to appropriation by the legislature for
91+qualifying major capital outlay projects at educational
92+institutions. Expenditures shall be by warrant of the
93+secretary of finance and administration pursuant to vouchers
94+signed by the secretary of higher education or the secretary's
95+authorized representative.
96+B. Eligible uses of the fund include:
97+(1) for the four-year educational
98+institutions, major capital projects for instruction and
7899 general and research purposes, which means projects costing
79100 fifty million dollars ($50,000,000) or more; and
80-(2) for the four- and the two-year
81-educational institutions and tribal colleges located in New
82-Mexico, student housing and student life projects.
101+(2) for the four- and the two-year educational
102+institutions, student housing and student life projects.
83103 C. Except as provided in Subsection D of this
84104 section, eligible major projects shall meet the following
85105 criteria before appropriations are made from the fund:
86-(1) for design phase funding, the
87-educational institution shall provide at least a twenty-five
88-percent match from sources other than the state for major
89-instructional and general and research purposes and at least
90-a fifty percent match from sources other than the state for
91-student housing and student life projects; and
106+(1) for design phase funding, the educational
107+institution shall provide at least a twenty-five percent match
108+from sources other than the state for major instructional and
109+general and research purposes and at least a fifty percent
110+match from sources other than the state for student housing and
111+student life projects; and
92112 (2) for construction phase funding, the
93113 educational institution shall provide at least a ten percent
94-match from sources other than the state for major
95-instructional and general and research purposes and for
96-student housing and student life projects:
97-(a) at least a fifty percent match from
98-sources other than the state for two-year educational
99-institutions and tribal colleges located in New Mexico; and
100-(b) at least a twenty percent match
101-from sources other than the state for four-year educational
102-institutions. HB 449/a
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114+match from sources other than the state for major instructional
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143+and general and research purposes and for student housing and
144+student life projects:
145+(a) at least a fifty percent match from
146+sources other than the state for two-year educational
147+institutions; and
148+(b) at least a twenty percent match from
149+sources other than the state for four-year educational
150+institutions.
129151 D. Student housing and student life projects shall
130152 adhere to space and design standards adopted by the higher
131-education department. To the extent a capital outlay project
132-exceeds the standards, the associated costs shall not be paid
133-by the state.
153+education department. To the extent a major capital outlay
154+project exceeds the standards, the associated costs shall not
155+be paid by the state.
134156 E. The match requirements provided for in
135-Subsection C of this section may be eligible to be waived
136-upon a finding by the department that the educational
137-institution cannot reasonably afford the required match with
138-institutional reserves, bonds or other sources available to
139-the educational institution. The secretary of higher
140-education shall notify the secretary of finance and
141-administration and the director of the legislative finance
142-committee of the findings by November 1 of the year preceding
143-the legislative session in which funding is being sought by
144-the educational institution. Waivers shall be subject to the
145-ratification and approval of the legislature prior to the
146-waiver being granted.
147-F. Money from the fund shall not be appropriated
148-for construction phase funding prior to the completion of at
149-least fifty percent of the design phase and the submission of
150-design documents to the department and the legislative
151-finance committee.
152-G. In addition to other requirements in this
153-section, an educational institution shall provide to the HB 449/a
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157+Subsection C of this section may be eligible to be waived upon
158+a finding by the department that the educational institution
159+cannot reasonably afford the required match with institutional
160+reserves, bonds or other sources available to the educational
161+institution. The secretary of higher education shall notify
162+the secretary of finance and administration and the director of
163+the legislative finance committee of the findings by November 1
164+of the year preceding the legislative session in which funding
165+is being sought by the educational institution. Waivers shall
166+be subject to the ratification and approval of the legislature
167+prior to the waiver being granted.
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180-department and the legislative finance committee
181-documentation showing historic on-campus student populations
182-and the expected number of on-campus students to be served by
183-a new facility and documentation demonstrating the new
184-facility's compliance with existing institutional space
185-standards and policies.
196+F. Money from the fund shall not be appropriated
197+for construction phase funding prior to the completion of at
198+least fifty percent of the design phase and the submission of
199+design documents to the department and the legislative finance
200+committee.
201+G. In addition to other requirements in this
202+section, an educational institution shall provide to the
203+department and the legislative finance committee documentation
204+showing historic on-campus student populations and the expected
205+number of on-campus students to be served by a new facility and
206+documentation demonstrating the new facility's compliance with
207+existing institutional space standards and policies.
186208 H. As used in this section:
187209 (1) "department" means the higher education
188210 department;
189-(2) "four-year educational institution"
190-means a university enumerated in Article 12, Section 11 of
191-the constitution of New Mexico; and
192-(3) "two-year educational institution" means
193-a public community college, including branch community
194-colleges, but does not mean a constitutional special school.
211+(2) "four-year educational institution" means
212+a university enumerated in Article 12, Section 11 of the
213+constitution of New Mexico; and
214+(3) "two-year educational institution" means a
215+community college or a tribal college located wholly within the
216+exterior boundaries of New Mexico, but does not mean a
217+constitutional special school.
218+- 4 -
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