The authority, in conjunction with the department, shall adopt rules to administer and implement the provisions of the Behavioral Health Capital Funding Act, including provisions: A. establishing procedures and forms for applying for loans; B. specifying the documentation required to be provided by the applicant to justify the need for the project; C. specifying the documentation required to be provided by the applicant to demonstrate that the applicant is an eligible entity; D. establishing procedures for review, evaluation and approval of loans, including the programmatic, organizational and financial information necessary to review, evaluate and approve an application; E. for evaluating the ability and competence of an applicant to provide efficiently and adequately for the completion of a proposed project; F. for the approval of loan applications, including provisions that accord priority attention to areas with the greatest need for behavioral health services; G. that ensure fair geographic distribution of loans;H. establishing requirements for repayment of loans, including payment schedules, interest rates, loan terms and other requirements; I. services; G. that ensure fair geographic distribution of loans;H. establishing requirements for repayment of loans, including payment schedules, interest rates, loan terms and other requirements; I. for ensuring the authority's interest in any project by the filing of a lien equal to the total of the authority's financial participation in the project; and J. for such other requirements deemed necessary by the department and the authority to ensure that the state receives the behavioral health services for which the legislature appropriates money and that the investment in a project is protected. History: Laws 2004, ch. 71, § 5; 2023, ch. 129, § 3. ANNOTATIONSThe 2023 amendment, effective June 16, 2023, provided the New Mexico finance authority with primary authority for adopting rules to administer and implement the provisions of the Behavioral Health Capital Funding Act; in the section heading, deleted 'Department'; in the introductory clause, after 'The', deleted 'department' and added 'authority', and after 'with the', deleted 'authority' and added 'department'; in Subsection A, after 'for loans', deleted 'for capital projects'; in Subsection B, after 'need for the', deleted added 'authority', and after 'with the', deleted 'authority' and added 'department'; in Subsection A, after 'for loans', deleted 'for capital projects'; in Subsection B, after 'need for the', deleted 'capital'; in Subsection E, after 'proposed', deleted 'capital'; and in Subsection I, after 'ensuring the', deleted 'state's' and added 'authority's', and after 'total of the', deleted 'state's' and added 'authority's'; and in Subsection J, after 'that the', deleted 'state's interest' and added 'investment' and after 'in a', deleted 'capital'.
New Mexico Legal Code