2021 New Mexico Statutes
Article 10 - Local Economic Development
Section 5-10-6 - Economic development plan; contents; publication.

A. Every local or regional government seeking to pursue economic development projects shall adopt an economic development plan or a comprehensive plan that includes an economic development component, and an economic development plan or comprehensive plan may include an analysis of the role of arts and cultural activities in economic development. The plan may be specific to a single economic development goal or strategy or may include several goals or strategies, including any goals or strategies relating to economic development through arts and cultural activities. Any plan or plan amendment shall be adopted by ordinance of the governing body of the local government or each local government of a regional government proposing the plan or plan amendment.
B. The economic development plan or the ordinance adopting the plan may:
(1) describe the local or regional government's economic development and community goals, including any economic development goals with an arts and cultural component, and assign priority to and strategies for achieving those goals;
(2) describe the types of qualifying entities and economic activities that will qualify for public support;
(3) describe the criteria to be used to determine eligibility for public support and a qualifying entity to participate in an economic development project;
(4) describe the manner in which a qualifying entity may submit an application for public support pursuant to Section 5-10-8 NMSA 1978, including the type of information required from the qualifying entity sufficient to ensure its solvency and ability to perform its contractual obligations, its commitment to remain in the community and its commitment to the stated economic development goals of the local or regional government;
(5) describe the process the local or regional government will use to verify the information submitted on an application for public support pursuant to Section 5-10-8 NMSA 1978;
(6) if an economic development project is determined to be unsuccessful or if a qualifying entity seeks to leave the area, describe the methods the local or regional government will use to terminate the local or regional government's public support and recoup its investment;
(7) identify revenue sources, including those of the local or regional government, that will be used to provide public support for economic development projects;
(8) identify other resources the local or regional government is prepared to offer qualifying entities, including specific land or buildings it is willing to lease, sell or grant a qualifying entity; community infrastructure it is willing to build, extend or expand, including roads, water, sewers or other utilities; and professional services contracts by local or regional governments necessary to provide these resources;
(9) detail the minimum benefit the local or regional government requires from a qualifying entity, including the number and types of jobs to be created; the proposed payroll; repayment of loans, if any; purchase by the qualifying entity of local or regional government-provided land, buildings or infrastructure; the public to private investment ratio; and direct local tax base expansion;
(10) describe the safeguards of public resources that will be ensured, including specific ways the local or regional government can recover any costs, land, buildings or other thing of value if a qualifying entity ceases operation, relocates or otherwise defaults or reneges on its contractual or implied obligations to the local or regional government; and
(11) if a regional government, describe the joint powers agreement, including whether it can be terminated and, if so, how the contractual or other obligations, risks and any property will be assigned or divided among the local governments who are party to the agreement.
C. The economic development plan shall be printed and made available to the residents within the local or regional government area.
History: Laws 1993, ch. 297, § 6; 1998, ch. 90, § 5; 2007, ch. 160, § 12; 2021, ch. 3, § 3.
The 2021 amendment, effective July 1, 2021, revised the criteria of an economic development plan to include language related to public support for economic development projects; in Subsection B, Paragraph B(2), after "will qualify for", deleted "economic development projects" and added "public support", in Paragraph B(3), after "eligibility", deleted "of an economic development project" and added "for public support", in Paragraph B(4), after "may submit an", deleted "economic development project", and after "application", added "for public support pursuant to Section 5-10-8 NMSA 1978", in Paragraph B(5), after "submitted on an", deleted "economic development project", and after "application", added "for public support pursuant to Section 5-10-8 NMSA 1978", in Paragraph B(6), after "terminate", deleted "its economic assistance" and added "the local or regional government's public support", and in Paragraph B(7), after "will be used to", added "provide public".
The 2007 amendment, effective July 1, 2007, amended Subsection A to provide that an economic development plan or comprehensive plan to include an analysis of the role of arts and cultural activities in economic development.
The 1998 amendment, effective May 20, 1998, substituted "including" for "other than" and "that will" for "which must" in Paragraph B(7); in Paragraph B(8), substituted "entities" for businesses" and "entity" for "business" in the first clause; and in Paragraph B(9), substituted "entity" for "basic business" in the third clause.