New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 91 - GRANTS
Part 2 - REVIEW AND SELECTION OF COLONIAS INFRASTRUCTURE PROJECTS
Section 2.91.2.7 - DEFINITIONS

A. "Act" means the Colonias Infrastructure Act, Sections 6-30-1 through 6-30-8, NMSA 1978, as the same may be amended and supplemented.

B. "Agreement" means the document or documents signed by the board and a qualified entity which specify the terms and conditions of obtaining financial assistance from the colonias infrastructure project fund.

C. "Applicant" means a qualified entity which has filed a colonias infrastructure project proposal with the authority for initial review and referral to the board, or to the board's project review committee.

D. "Authority" means the New Mexico finance authority.

E. "Authorized representative" means one or more individuals duly authorized to act on behalf of the qualified entity in connection with its financial application, colonias infrastructure project proposal or agreement.

F. "Board" means the New Mexico colonias infrastructure board created by the act.

G. "Bylaws" means the bylaws of the board adopted on October 7, 2011, as amended and supplemented from time to time.

H. "Colonia" means a rural community with a population of 25,000 persons or less located within 150 miles of the United States-Mexico border that (1) has been designated as a colonia by the municipality or county in which it is located because of a lack of potable water supply, a lack of adequate sewage systems, or a lack of decent, safe and sanitary housing; (2) has been in existence as a colonia prior to November 1990; and (3) has submitted appropriate documentation to the board to substantiate the conditions under (1) and (2) of this definition.

I. "Colonias infrastructure project account" means a fund designated by a qualified entity exclusively for receipt of financial assistance for a qualified project.

J. "Colonias infrastructure project fund" means the fund of that name created in the authority by Section 6-30-8, NMSA 1978.

K. "Colonias infrastructure project proposal" means a written project proposal submitted by a qualified entity for review by the project review committee and consideration by the board.

L. "Colonias infrastructure trust fund" means the fund of that name created in the state treasury by Section 6-30-7, NMSA 1978.

M. "Financial application" means a written document filed with the authority by an applicant for the purpose of evaluating the applicant's qualifications and proposed project or projects for types of financial assistance which may be provided by the board under the act.

N. "Financial assistance" means loans, grants and any other type of assistance authorized by the act, or a combination thereof, provided from the colonias infrastructure project fund to a qualified entity for the financing of a qualified project.

O. "Political subdivision of the state" means a municipality, a county, a water and sanitation district, an association organized and existing pursuant to the Sanitary Projects Act, Chapter 3, Article 29 NMSA 1978, or any other entity recognized by statute as a political subdivision of the state.

P. "Project review committee" means a standing committee, appointed by the chairman of the board from the members of the board pursuant to the bylaws to review proposed colonias infrastructure projects to be recommended for funding from the colonias infrastructure project fund.

Q. "Qualified entity" means a county, municipality or other entity recognized as a political subdivision of the state.

R. "Qualified project" means a capital outlay project selected by the board for financial assistance that is primarily intended to develop colonias infrastructure, and may include a water system, a wastewater system, solid waste disposal facilities, flood and drainage control, roads or housing infrastructure, but does not include general operation and maintenance, equipment, housing allowance payments or mortgage subsidies.

S. "State" means the state of New Mexico.