Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that establishes the Essential Services Development Act to allow state-supported infrastructure projects that expand residential access to internet, energy, water, and wastewater services in New Mexico.

Highlights:

• Specifies that public support for an essential services project must be specifically authorized by law, and that the law must include provisions to safeguard public money and other resources in the case that the project is not completed satisfactorily (Sec. 3).

• Requires the Local Government Division of the Department of Finance and Administration to provide technical assistance at the request of a local or regional government in the development of an essential services project (Sec. 4).

• Requires a local or regional government seeking to pursue an essential services project to adopt a development plan which must (Sec. 5):

• Describe the local or regional government’s goals or strategies;

• Describe the types of essential services projects that will qualify for public support under the plan;

• Describe the criteria to determine eligibility for public support;

• Describe the manner in which an application may be submitted;

• Describe the process used to verify information on the application;

• Detail the need for the essential services projects;

• Describe the safeguards of public resources that will be ensured; and

• Describe the joint powers agreement of associated local governments if the plan is developed by a regional government.

• Authorizes two or more local governments to enter into a joint powers agreement to develop a regional essential services plan, which may consist of existing local plans (Sec. 6).

• Requires a regional or local government that receives public support for an essential services project to create a special fund for the money to be deposited into (Sec. 8).

• Authorizes the governing body of the local government(s) involved in an essential services development plan to terminate the plan, dissolve public support for the project, and return public support funds to the general fund (Sec. 9).

Full Bill Text