As used in the Wastewater Facility Construction Loan Act:
A. "account" means the wastewater suspense account;
B. "administrative fee" means a fee assessed and collected by the department from a qualified borrower on each loan and expressed as a percentage per year on the outstanding principal amount of the loan, payable by the borrower on the same date that principal and interest on the loan are due, for deposit in the clean water administrative fund;
C. "board" means the state board of finance;
D. "bonds" means wastewater bonds or other obligations authorized by the commission to be issued by the board pursuant to the Wastewater Facility Construction Loan Act;
E. "Clean Water Act" means the federal Clean Water Act of 1977 and its subsequent amendments or successor provisions;
F. "commission" means the water quality control commission;
G. "division" or "department" means the department of environment;
H. "eligible project" means a project or activity that is eligible for funding assistance under Section 603(c) of the Clean Water Act, Section 1383 of Title 33 of the United States Code, as of January 1, 2018 including a wastewater facility project, a nonpoint source water pollution control project and a watershed project that meet the criteria of the Clean Water Act;
I. "federal securities" means direct obligations of the United States, or obligations the principal and interest of which are unconditionally guaranteed by the United States, or an ownership interest in either of the foregoing;
J. "financial assistance" means loans, the purchase or refinancing of existing state agency or local political subdivision obligations, loan guarantees, credit enhancement techniques to reduce interest on loans and bonds, bond insurance and bond guarantees or any combination of these purposes;
K. "force account construction" means construction performed by the employees of a local authority rather than through a contractor;
L. "fund" means the wastewater facility construction loan fund;
M. "holders" means persons who are owners of bonds, whether registered or not, issued pursuant to the Wastewater Facility Construction Loan Act;
N. "issuing resolution" means a formal statement adopted by the board to issue bonds pursuant to the Wastewater Facility Construction Loan Act, including any trust agreement, trust indenture or similar instrument providing terms and conditions for the bonds to be issued;
O. "local authority" means a municipality, intermunicipal agency, county, incorporated county, mutual domestic water consumers association as defined by the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978], sanitation district, water and sanitation district or any similar district, recognized Indian tribe or other issuing agency created pursuant to a joint powers agreement acting on behalf of any entity listed in this subsection;
P. "operate and maintain" means to perform all necessary activities, including replacement of equipment or appurtenances, to ensure the dependable and economical function of an eligible project in accordance with its intended purpose;
Q. "qualified borrower" means a creditworthy borrower with an identified and verifiable repayment source that is eligible to receive funding pursuant to the Clean Water Act, as of January 1, 2018 including a state agency, an interstate agency and a local authority;
R. "recommending resolution" means a formal statement adopted by the commission recommending to the board that bonds be issued pursuant to the Wastewater Facility Construction Loan Act, including any trust agreement, trust indenture or similar instrument providing the terms and conditions for the bonds that are issued;
S. "state agency" means an agency or department of the executive branch of government; and
T. "wastewater facility" means a publicly owned system for treating or disposing of sewage or wastes either by surface or underground methods, including any equipment, plant, treatment works, structure, machinery, apparatus or land, in any combination, that is acquired, used, constructed or operated for the storage, collection, reduction, recycling, reclamation, disposal, separation or treatment of water or wastes or for the final disposal of residues resulting from the treatment of water or wastes, such as pumping and ventilating stations, facilities, plants and works, outfall sewers, interceptor sewers and collector sewers and other real or personal property and appurtenances incident to their use or operation.
History: Laws 1986, ch. 72, § 3; 1989, ch. 323, § 2; 1991, ch. 172, § 3; 2007, ch. 344, § 2; 2015, ch. 112, § 1; 2017, ch. 114, § 2; 2018, ch. 19, § 2.
ANNOTATIONSCross references. — For the water quality control commission, see 74-6-3 NMSA 1978.
For the federal Clean Water Act of 1977, see 33 U.S.C. § 1251 et seq.
The 2018 amendment, effective May 16, 2018, arranged definitions in alphabetical order, defined "eligible project" and "qualified borrower" as used in the Wastewater Facility Construction Loan Act, and made conforming changes; added a new Subsection A and redesignated former Subsection A as Subsection B; in Subsection B, after "department from a", deleted "state agency or local authority" and added "qualified borrower"; added new Subsections C through E and redesignated former Subsections B and C as Subsections F and G, respectively; added new Subsections H and I and redesignated former Subsection D as Subsection J; added a new Subsection K and redesignated former Subsection E as Subsection L; added new Subsections M and N and redesignated former Subsections F and G as Subsections O and P, respectively; in Subsection O, after "means", deleted "any" and added "a", and after "municipality", added "intermunicipal agency"; in Subsection P, after "economical function of", deleted "a wastewater facility" and added "an eligible project"; added new Subsections Q through S and redesignated former Subsection H as Subsection T; in Subsection T, deleted "'Wastewater facility' also includes a nonpoint source water pollution control project as eligible under the Clean Water Act"; and deleted former Subsections I through R.
The 2017 amendment, effective July 1, 2017, defined "state agency" and included "state agencies" in definitions of terms used in the Wastewater Facility Construction Loan Act; in Subsection A, after "department from a", added "state agency or"; in Subsection D, after "existing", added "state agency"; and added Subsection R.
The 2015 amendment, effective June 19, 2015, amended the Wastewater Facility Construction Loan Act to include "mutual domestic water consumers association" in the definition of "local authority"; in Subsection F, after "incorporated county", added "mutual domestic water consumers association as defined by the Sanitary Projects Act".
The 2007 amendment, effective July 1, 2007, added Subsection A.
The 1991 amendment, effective April 4, 1991, inserted "the purchase or refinancing of existing local political subdivision obligations" in Subsection C; in Subsection E, inserted "incorporated county", "water and sanitation district or any similar district", and "created"; inserted "to perform" near the beginning of Subsection F; inserted "sewage or" near the beginning and added "of 1977" at the end of Subsection G; added Subsections H to P; and made related and stylistic changes throughout the section.