The board shall: A. promulgate such rules as are necessary to govern the acceptance, evaluation and prioritization of applications submitted by qualified entities for financial assistance; B. after applications have been processed and evaluated by the authority, prioritize the qualified projects for financial assistance; and C. upon such terms and conditions as are established by the authority, recommend the prioritized projects to the authority for financial assistance for: (1) planning, designing, constructing, improving or expanding a qualified project; (2) developing engineering feasibility reports for qualified projects; (3) inspecting construction of qualified projects; (4) providing professional services; (5) completing environmental assessments or archaeological clearances and other surveys for qualified projects; (6) acquiring land, water rights, easements or rights of way; or (7) paying legal costs and fiscal agent fees associated with development of qualified projects. History: Laws 2010, ch. 10, § 5. ANNOTATIONSEffective dates. — Laws 2010, ch. 10, § 11 made the Colonias Infrastructure Act effective July 1, 2011. associated with development of qualified projects. History: Laws 2010, ch. 10, § 5. ANNOTATIONSEffective dates. — Laws 2010, ch. 10, § 11 made the Colonias Infrastructure Act effective July 1, 2011. Funding colonias infrastructure projects does not implicate the anti-donation clause. — The anti-donation clause is not implicated where the New Mexico finance authority and the colonias infrastructure board (board), created pursuant to the Colonias Infrastructure Act, 6-30-1 to 6-30-8 NMSA 1978, provide financial assistance to qualifying entities, as defined by the Colonias Infrastructure Act, for colonias infrastructure projects, even if the funds are subsequently provided to private entities, because the financial assistance is being transferred from the board, an agency of the state, to qualifying entities, also political subdivisions of the state. Housing Infrastructure and the Anti-Donation Clause (10/31/17), Att'y Gen. Adv. Ltr. 2017-06.
New Mexico Legal Code