A. The "transportation project fund" is created in the state treasury. The fund consists of appropriations, donations, interest from investment of the fund and other money distributed to the fund. The department shall administer the fund and may establish subaccounts for the fund as it deems necessary. Money in the fund is appropriated to the department for expenditure as provided in this section. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of transportation or the secretary's designee. Money in the fund shall not revert at the end of a fiscal year.
B. Money in the fund may be used to make a grant to a county, municipality or tribe for a transportation project that has been approved pursuant to Subsection C of this section for up to:
(1) ninety-five percent of the total cost of a transportation project; provided that the county, municipality or tribe has demonstrated an ability, and has contracted, to provide the remainder of the project costs in non-state money; or
(2) one hundred percent of the total cost of a transportation project if a financial hardship qualification certificate is issued to the county, municipality or tribe by the department of finance and administration and the level of hardship assistance is approved by the state transportation commission; provided that the county, municipality or tribe has demonstrated an ability, and has contracted, to provide the remainder, if any, of the project costs in non-state money.
C. By August 1 of each year, the secretary shall submit a proposed list to the state transportation commission of transportation projects identified through a transportation planning process by metropolitan planning organizations and regional transportation planning organizations. The commission shall approve a prioritized list of the transportation projects for funding from the fund by September 1 of each year. The commission may approve subsequent changes to a priority list as the commission deems necessary.
D. By November 30 of each year, the department shall provide a report to the appropriate interim legislative committee on the status of the fund, the status of the transportation projects for which grants have been made from the fund and the outstanding demand for assistance from the fund.
E. As used in this section:
(1) "fund" means the transportation project fund;
(2) "metropolitan planning organization" means the policy board of an organization designated by the state to carry out a transportation planning process as permitted by federal law pursuant to 23 U.S.C. 134, as that section may be amended or renumbered;
(3) "non-state money" means money that does not derive from revenue or interest into the state treasury or into a state fund;
(4) "regional transportation planning organization" means the policy board of an organization designated by the state to carry out a transportation planning process as permitted by federal law pursuant to 23 U.S.C. 135, as that section may be amended or renumbered;
(5) "transportation infrastructure" means highways, streets, roadways, bridges, crossing structures and parking facilities, including all areas for vehicular, transit, bicycle or pedestrian use for travel, ingress, egress and parking;
(6) "transportation project" means environmental and other studies, planning, design, construction and maintenance of transportation infrastructure, and acquisition of rights of way necessary for the development of transportation infrastructure, in a county, municipality or tribe, but "transportation project" does not mean a transportation beautification project, as determined by the state transportation commission; and
(7) "tribe" means an Indian nation, tribe or pueblo located wholly or partially in New Mexico.
History: Laws 2019, ch. 205, § 1; 2020, ch. 31, § 1.
The 2020 amendment, effective May 20, 2020, changed the "local government transportation project fund" to the "transportation project fund", allowed Indian nation, tribe or pueblo projects to be funded by the transportation project fund; in the section heading, deleted "Definitions local government", and after "fund created", deleted "distributions" and added "planning and prioritization of funding transportation projects for counties, municipalities and Indian nations, tribes and pueblos"; deleted former Subsection A and redesignated former Subsections B through E as Subsections A through D, respectively; in Subsection A, after the first occurrence of "The", deleted "local government"; in Subsection B, in the introductory clause, after "grant to a", deleted "local government" and added "county, municipality or tribe", and before "transportation", deleted "local government", in Paragraph B(1), before "transportation", deleted "local government", and after "provided that the", deleted "local government" and added "county, municipality or tribe", in Paragraph B(2), after "total cost of a", deleted "local government", after "issued to the", deleted "local government" and added "county, municipality or tribe", and after "provided that the", deleted "local government" and added "county, municipality or tribe"; in Subsection C, after "By", deleted "August 1, 2019 and by", after "proposed list", added "to the state transportation commission", after the next occurrence of "of", deleted "local government", after "identified", added "through a transportation planning process", after the next occurrence of "by", deleted "the department's metropolitan planning organization and regional transportation planning organization planning process to the state transportation commission. Subject to any direction by the legislature regarding distributions from the fund, such as minimum distributions by engineering districts or to rural or urbanized local governments" and added "metropolitan planning organizations and regional transportation planning organizations", after "prioritized list of", deleted "local government", and after "from the fund by", deleted "September 1, 2019 and by"; in Subsection D, after "By", deleted "November 30, 2019 and by"; and added Subsection E.
Structure New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-1 - Reimbursement of state transportation commissioners.
Section 67-3-4 - Method and time of appointment of commissioners.
Section 67-3-5 - Removal of commissioners.
Section 67-3-6 - Creation of department of transportation.
Section 67-3-7 - Secretary of transportation; appointment; qualifications; bond.
Section 67-3-8 - Powers and duties of secretary.
Section 67-3-8.3 - Disposition of surplus personal property or materials.
Section 67-3-10 - Meetings; oaths; seal; policy.
Section 67-3-11 - Rule-making power.
Section 67-3-12 - Powers and duties.
Section 67-3-14 - State transportation commission; powers and duties; road funds.
Section 67-3-15 - [Duty to advise towns, villages and counties; highway system for state.]
Section 67-3-16 - [General duty to construct, repair and maintain highways.]
Section 67-3-17 - Snow removal from designated skiing area parking facilities.
Section 67-3-18 - [Skiing area with parking facilities; rejection of snow removal services.]
Section 67-3-19 - Duty to repair and maintain state park roads, bridges and parking areas.
Section 67-3-20 - El Camino Real; supervision and control.
Section 67-3-22 - State transportation commission; annual report.
Section 67-3-23 - Secretary of transportation; appointment.
Section 67-3-24 - Employees; appointment; compensation.
Section 67-3-26 - Duties of secretary; disbursement of state road fund.
Section 67-3-28.2 - Local governments road fund created; uses.
Section 67-3-29 - Department personnel; county and municipal road technical assistance.
Section 67-3-32 - Cooperative agreements; preference.
Section 67-3-34 - Federal aid road project; document execution.
Section 67-3-35 - Auditor; appointment; duties; bond.
Section 67-3-36 - Acquisition of rights of way; duty of county and district attorney.
Section 67-3-38 - Action by state transportation commission.
Section 67-3-39 - Waiver of immunity.
Section 67-3-40 - Control of state highways; maintenance costs.
Section 67-3-42 - Bridges considered part of highway.
Section 67-3-43 - Road work; bid advertising; restrictions; rejection; bond.
Section 67-3-47 - [Contracts for state aid roads; execution; restrictions.]
Section 67-3-49 - Claims of highway contractor's creditors; state highway suspense fund.
Section 67-3-50 - Account closing; nonliability.
Section 67-3-51 - [Restrictions on disbursements from suspense fund.]
Section 67-3-52 - Payment from state highway suspense fund.
Section 67-3-53 - [Reversion of suspense fund balances.]
Section 67-3-55 - Flight strips, airports and access roads; bidding procedures; bond.
Section 67-3-57 - Annual appropriation; purposes.
Section 67-3-58 - Allotment of appropriation.
Section 67-3-59 - [Balances; continuation of appropriation.]
Section 67-3-59.1 - State highway debentures; issuance; limits; approval; coupons.
Section 67-3-59.2 - Highway infrastructure fund created; purpose.
Section 67-3-59.3 - State transportation project bonds; issuance; procedures; approval.
Section 67-3-60 - Bypasses and relocation projects; expenditure of highway funds; purpose.
Section 67-3-61 - Limitation of expenditures of highway funds for construction of highway bypasses.
Section 67-3-62 - Provisions for pedestrian, bicycle and equestrian traffic required.
Section 67-3-64 - Ramps for handicapped required.
Section 67-3-65 - State road fund created.
Section 67-3-65.1 - State road fund distribution.
Section 67-3-68 - Purpose and interpretation.
Section 67-3-69 - Power to state highway and transportation department.
Section 67-3-70 - Use of appropriated funds.
Section 67-3-71.1 - Right-of-way agreements; Navajo Nation; terms.
Section 67-3-72 - Transportation bonds.
Section 67-3-73 - Transportation bonds; terms.
Section 67-3-74 - Refunding bonds.
Section 67-3-75 - Transportation bonds eligible for investment.
Section 67-3-76 - Transportation bonds; exemption from taxation.