New Mexico 2025 Regular Session

New Mexico House Bill HB539 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	underscored material = new
2	2	[bracketed material] = delete
3	3	1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27	25
28	28	HOUSE BILL 539
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
36	36
37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Raymundo Lara
48	48	AN ACT
49	49	RELATING TO SPECIAL DISTRICTS; CREATING THE CAMINO REAL
50	50	REGIONAL UTILITY AUTHORITY; PROVIDING POWERS AND DUTIES;
51	51	PROVIDING FOR THE ISSUANCE OF REVENUE BONDS.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. A new section of Chapter 73 NMSA 1978 is
54	54	enacted to read:
55	55	"[NEW MATERIAL] CAMINO REAL REGIONAL UTILITY AUTHORITY--
56	56	CREATED--BOARD--ELECTION--TERMS.--
57	57	A. The "Camino Real regional utility authority" is
58	58	created. The authority shall be governed by a board of
59	59	directors consisting of seven elected members who are water
60	60	consumers who reside within the geographical boundaries of the
61	61	authority's service area. The elected board of directors shall
62	62	serve staggered terms to be established in the governance
63	63	.230750.4 underscored material = new
64	64	[bracketed material] = delete
65	65	1
66	66	2
67	67	3
68	68	4
69	69	5
70	70	6
71	71	7
72	72	8
73	73	9
74	74	10
75	75	11
76	76	12
77	77	13
78	78	14
79	79	15
80	80	16
81	81	17
82	82	18
83	83	19
84	84	20
85	85	21
86	86	22
87	87	23
88	88	24
89	89	25
90	90	document developed by the board.
91	91	B. All elections of the authority shall be
92	92	conducted pursuant to the provisions of the Local Election Act
93	93	and voted upon by the qualified electors registered to vote
94	94	within the geographical boundaries of the authority's service
95	95	area. Board members shall be elected at the regular local
96	96	election. Vacancies on the board shall be filled by the
97	97	remaining board members, and a person appointed to fill a
98	98	vacancy shall serve until the next regular local election. A
99	99	person appointed to fill a vacancy shall be a qualified elector
100	100	who resides within the authority's service area."
101	101	SECTION 2. A new section of Chapter 73 NMSA 1978 is
102	102	enacted to read:
103	103	"[NEW MATERIAL] BOARD--POWERS--DUTIES.--
104	104	A. The Camino Real regional utility authority board
105	105	is granted all powers necessary and appropriate to carry out
106	106	the purposes of this 2025 act. All powers, privileges and
107	107	duties vested in or imposed upon the authority shall be
108	108	exercised and performed by the board; provided that the board
109	109	may delegate its powers by resolution to an officer or agent of
110	110	the board, with the exception of the following powers:
111	111	(1) adoption of board rules, policies and
112	112	procedures;
113	113	(2) ratification of acquisition of property;
114	114	(3) initiation or continuation of legal
115	115	.230750.4
116	116	- 2 - underscored material = new
117	117	[bracketed material] = delete
118	118	1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142	25
143	143	action, except that initiation and filing of liens for unpaid
144	144	rates and charges and suits for payment thereof and
145	145	discontinuance of service for failure to pay such rates and
146	146	charges may be delegated;
147	147	(4) establishment of fees, tolls, rates or
148	148	charges, except that the board may retain or appoint a panel of
149	149	water, wastewater or engineering experts to make
150	150	recommendations to the board regarding the approval of proposed
151	151	projects, as well as increases to residential, commercial and
152	152	industrial water rates; and
153	153	(5) issuance of revenue bonds.
154	154	B. Meetings of the board shall be held at the call
155	155	of the chair or whenever three members shall so request in
156	156	writing. A majority of members then serving constitutes a
157	157	quorum for the transaction of any business. Except as provided
158	158	in Subsection C of this section, the affirmative vote of at
159	159	least a majority of a quorum present shall be necessary for any
160	160	action to be taken by the board. A vacancy in the membership
161	161	of the board shall not impair the right of a quorum to exercise
162	162	all rights and perform all duties of the board.
163	163	C. The non-delegable powers and duties provided in
164	164	Subsection A of this section shall only be effective upon
165	165	resolution passed by a supermajority of five members of the
166	166	board.
167	167	D. The board shall promulgate and adhere to rules,
168	168	.230750.4
169	169	- 3 - underscored material = new
170	170	[bracketed material] = delete
171	171	1
172	172	2
173	173	3
174	174	4
175	175	5
176	176	6
177	177	7
178	178	8
179	179	9
180	180	10
181	181	11
182	182	12
183	183	13
184	184	14
185	185	15
186	186	16
187	187	17
188	188	18
189	189	19
190	190	20
191	191	21
192	192	22
193	193	23
194	194	24
195	195	25
196	196	policies and procedures that govern the board's conduct.
197	197	E. A member of the board having a financial
198	198	interest or possible interest in the outcome of any policy,
199	199	decision or determination before the board shall be
200	200	disqualified from voting on the issue. A member's status as a
201	201	ratepayer or customer of the authority shall not be deemed to
202	202	constitute a financial interest or possible interest for the
203	203	purposes of this section.
204	204	F. Subject to Subsections B through D of this
205	205	section, the board may:
206	206	(1) adopt bylaws;
207	207	(2) fix the time and place of meetings and the
208	208	method of providing notice of the meetings in accordance with
209	209	the Open Meetings Act;
210	210	(3) promulgate orders, resolutions, policies
211	211	and rules necessary for the governance and management of the
212	212	affairs of the authority and the execution of the powers vested
213	213	in the authority;
214	214	(4) maintain offices at a place as the board
215	215	may designate;
216	216	(5) employ a director, who may employ and
217	217	retain necessary staff;
218	218	(6) establish user classifications;
219	219	(7) fix and from time to time increase or
220	220	decrease water rates, fees or other charges for water delivery
221	221	.230750.4
222	222	- 4 - underscored material = new
223	223	[bracketed material] = delete
224	224	1
225	225	2
226	226	3
227	227	4
228	228	5
229	229	6
230	230	7
231	231	8
232	232	9
233	233	10
234	234	11
235	235	12
236	236	13
237	237	14
238	238	15
239	239	16
240	240	17
241	241	18
242	242	19
243	243	20
244	244	21
245	245	22
246	246	23
247	247	24
248	248	25
249	249	or other related services or facilities operated or made
250	250	available by the authority, subject to the following
251	251	conditions:
252	252	(a) until paid, all rates, tolls or
253	253	charges constitute a perpetual lien on and against the property
254	254	served, and any such lien may be foreclosed in the same manner
255	255	as provided by the laws of New Mexico for the foreclosure of
256	256	real estate mortgages and shall not be subject to any
257	257	limitations period, statutory or otherwise;
258	258	(b) the board shall prescribe and
259	259	enforce rules by which properties shall be connected with and
260	260	disconnected from the facilities of the authority, including
261	261	payment plans to avoid discontinuing service to delinquent
262	262	accounts; and
263	263	(c) after giving reasonable notice, the
264	264	board shall shut off or discontinue service for unauthorized
265	265	connections, illegal connections or connections for which
266	266	rates, tolls or other charges are delinquent in payment. The
267	267	board may file suit in a court of competent jurisdiction to
268	268	recover costs associated with an unauthorized, illegal or
269	269	delinquent connection, including the cost of water delivered,
270	270	charges for connection and disconnection, damages and attorney
271	271	fees; and
272	272	(8) adopt an operating budget that supports
273	273	the full cost of operation, maintenance and replacement as
274	274	.230750.4
275	275	- 5 - underscored material = new
276	276	[bracketed material] = delete
277	277	1
278	278	2
279	279	3
280	280	4
281	281	5
282	282	6
283	283	7
284	284	8
285	285	9
286	286	10
287	287	11
288	288	12
289	289	13
290	290	14
291	291	15
292	292	16
293	293	17
294	294	18
295	295	19
296	296	20
297	297	21
298	298	22
299	299	23
300	300	24
301	301	25
302	302	established by an asset management plan and a rate-setting
303	303	analysis."
304	304	SECTION 3. A new section of Chapter 73 NMSA 1978 is
305	305	enacted to read:
306	306	"[NEW MATERIAL] AUTHORITY--POWERS.--
307	307	A. The Camino Real regional utility authority is a
308	308	public body politic and corporate, separate and apart from the
309	309	city of Sunland Park and Dona Ana county. The authority is a
310	310	special district and political subdivision of the state. The
311	311	authority is not subject to the jurisdiction of or approval
312	312	from the public regulation commission and is not subject to the
313	313	provisions of the Public Utility Act. The authority is granted
314	314	all powers necessary and appropriate to carry out the
315	315	provisions of this section.
316	316	B. The authority created pursuant to this section
317	317	shall replace the entity of the same name previously created by
318	318	a joint powers agreement between the city of Sunland Park and
319	319	Dona Ana county, and this authority shall succeed to all of the
320	320	entity's assets and liabilities and its service area, and the
321	321	authority shall provide water and wastewater services within
322	322	the entity's service area, as it may be modified or expanded by
323	323	the authority.
324	324	C. The authority may:
325	325	(1) sue and be sued;
326	326	(2) enter into contracts, including contracts
327	327	.230750.4
328	328	- 6 - underscored material = new
329	329	[bracketed material] = delete
330	330	1
331	331	2
332	332	3
333	333	4
334	334	5
335	335	6
336	336	7
337	337	8
338	338	9
339	339	10
340	340	11
341	341	12
342	342	13
343	343	14
344	344	15
345	345	16
346	346	17
347	347	18
348	348	19
349	349	20
350	350	21
351	351	22
352	352	23
353	353	24
354	354	25
355	355	with the city of Sunland Park or Dona Ana county for
356	356	procurement services;
357	357	(3) borrow money and issue revenue bonds
358	358	pursuant to Subsection E of this section;
359	359	(4) acquire, dispose of or encumber real and
360	360	personal property and any interest in such property, including
361	361	leases, easements and water rights from a willing seller only;
362	362	(5) design, develop, construct, operate,
363	363	maintain, purchase or contract for water systems and pipelines
364	364	to connect systems and sources with the authority's customers;
365	365	(6) be allowed a water use planning period not
366	366	to exceed forty years and may hold water rights based on a
367	367	water development plan submitted to and approved by the state
368	368	engineer, the implementation of which shall not exceed forty
369	369	years from the date of the application to change the place or
370	370	purpose of use of an acquired water right;
371	371	(7) have and exercise the power of eminent
372	372	domain in the manner provided by law for the condemnation of
373	373	private property within the boundaries of the authority for the
374	374	construction, maintenance and operation of water and wastewater
375	375	facilities and to acquire, maintain, contract for or condemn
376	376	for use as part of the authority privately owned water and
377	377	wastewater facilities used for the collection, treatment and
378	378	disposal of wastewater. The authority shall not take any
379	379	property unless it is necessary for rights of way and easements
380	380	.230750.4
381	381	- 7 - underscored material = new
382	382	[bracketed material] = delete
383	383	1
384	384	2
385	385	3
386	386	4
387	387	5
388	388	6
389	389	7
390	390	8
391	391	9
392	392	10
393	393	11
394	394	12
395	395	13
396	396	14
397	397	15
398	398	16
399	399	17
400	400	18
401	401	19
402	402	20
403	403	21
404	404	22
405	405	23
406	406	24
407	407	25
408	408	and for the use and placement of facilities and infrastructure
409	409	elements, including pipelines, structures, pump stations and
410	410	related appurtenances. The authority shall not acquire water
411	411	rights through eminent domain; and
412	412	(8) construct and maintain works and establish
413	413	and maintain facilities across or along any public street or
414	414	highway and through any vacant public lands that are the
415	415	property of the state and construct works and establish and
416	416	maintain facilities across any stream of water or watercourse,
417	417	all in accordance with applicable state and federal permitting
418	418	authority.
419	419	D. The authority is subject to:
420	420	(1) the provisions of the Procurement Code;
421	421	(2) the provisions of the Eminent Domain Code;
422	422	(3) the limitations imposed by Section 72-1-9
423	423	NMSA 1978 regarding water rights obtained or water rights
424	424	condemned pursuant to a water development plan; and
425	425	(4) the provisions of Chapter 72 NMSA 1978
426	426	regarding any change to the point of diversion or the place or
427	427	purpose of use of any water right to any place selected by the
428	428	authority in order to make the water available to the
429	429	authority.
430	430	E. The authority may issue "utility system revenue
431	431	bonds" and obligations for acquiring real and personal property
432	432	needed for the regional utility system and for extending,
433	433	.230750.4
434	434	- 8 - underscored material = new
435	435	[bracketed material] = delete
436	436	1
437	437	2
438	438	3
439	439	4
440	440	5
441	441	6
442	442	7
443	443	8
444	444	9
445	445	10
446	446	11
447	447	12
448	448	13
449	449	14
450	450	15
451	451	16
452	452	17
453	453	18
454	454	19
455	455	20
456	456	21
457	457	22
458	458	23
459	459	24
460	460	25
461	461	enlarging, renovating, repairing or otherwise improving water
462	462	facilities and wastewater facilities or for any combination of
463	463	these purposes. The authority may issue revenue anticipation
464	464	notes with maturities not exceeding thirteen months upon terms
465	465	approved by the board of directors. The authority shall
466	466	irrevocably pledge net revenues from the operation of the
467	467	regional utility system for payment of the principal, premiums
468	468	and interest on the revenue bonds or other obligations. It is
469	469	unlawful to divert, use or expend money received from the
470	470	issuance of utility system revenue bonds for any purpose other
471	471	than the purpose for which the utility system revenue bonds
472	472	were issued. Utility system revenue bonds:
473	473	(1) may have interest, appreciated principal
474	474	value or any part of interest or appreciated principal value
475	475	payable at intervals or at maturity as the authority
476	476	determines;
477	477	(2) may be subject to prior redemption at the
478	478	authority's option at such time and upon such terms and
479	479	conditions with or without the payment of a premium as
480	480	determined by the authority;
481	481	(3) may mature at any time not exceeding fifty
482	482	years after the date of issuance;
483	483	(4) may be serial in form and maturity or may
484	484	consist of one bond payable at one time or in installments or
485	485	may be in another form as determined by the authority;
486	486	.230750.4
487	487	- 9 - underscored material = new
488	488	[bracketed material] = delete
489	489	1
490	490	2
491	491	3
492	492	4
493	493	5
494	494	6
495	495	7
496	496	8
497	497	9
498	498	10
499	499	11
500	500	12
501	501	13
502	502	14
503	503	15
504	504	16
505	505	17
506	506	18
507	507	19
508	508	20
509	509	21
510	510	22
511	511	23
512	512	24
513	513	25
514	514	(5) shall be sold for cash at, above or below
515	515	par and at a price that results in a net effective interest
516	516	rate that does not exceed the maximum permitted by the Public
517	517	Securities Act; and
518	518	(6) may be sold at a public or negotiated
519	519	sale.
520	520	F. The bonds authorized by the authority and their
521	521	income shall be exempt from all taxation by the state or its
522	522	political subdivisions.
523	523	G. The members of the board of directors of the
524	524	authority may adopt a resolution declaring the necessity for
525	525	the issuance of utility system revenue bonds or other
526	526	obligations and may authorize the issuance of utility system
527	527	revenue bonds or other obligations by an affirmative vote of a
528	528	majority of all members of the board of directors of the
529	529	authority.
530	530	H. Except for the purpose of refunding previous
531	531	utility system revenue bond issues, the authority shall not
532	532	sell utility system revenue bonds payable from pledged revenues
533	533	after the expiration of three years from the date of the
534	534	resolution authorizing their issuance. Any period of time
535	535	during which a utility system revenue bond is in litigation
536	536	shall not count toward the determination of the expiration date
537	537	of that issue."
538	538	- 10 -
539	539	.230750.4