Current through Register Vol. 35, No. 18, September 24, 2024
A. Grants and loans
shall be made only to local authorities that:
(1) agree to operate and maintain the water
supply, wastewater, or solid waste facilities so that the facilities will
function properly over their structural and material design life, which shall
not be less than twenty years;
(2)
require the contractor of the construction project to post a performance and
payment bond in accordance with the requirements of Section
13-4-18
NMSA 1978;
(3) provide a written
assurance, signed by an attorney, that the local authority has proper title,
easements, and rights-of-way to the property upon or through which the water
supply, wastewater, or solid waste facility proposed for funding is to be
constructed or extended;
(4) meet
the requirements for financial capability set by the department to assure
sufficient revenues to operate and maintain the facility for its useful life
and to repay the loan;
(5) pledge
sufficient revenues for repayment of the loan, provided that such revenues may
by law be pledged for that purpose;
(6) agree to properly maintain financial
records and to conduct an audit of the project's financial records;
(7) are included on the RIA priority
list;
(8) have a treasurer, clerk,
secretary-treasurer, or other individual responsible for the financial aspects
of the project who is bonded;
(9)
employ a registered professional engineer licensed in the state of New Mexico
to provide and be responsible for all engineering services on a project;
and
(10) provide a written notice
to the department of completion and start of operation of the water supply,
wastewater, or solid waste facility.
B. Loans and grants made pursuant to the RIA
shall not be used by the local authority on any project constructed in
fulfillment or partial fulfillment of requirements made of a subdivider by the
provisions of the Land Subdivision Act, Sections
47-5-1 to
47-5-8 NMSA
1978, or the New Mexico Subdivision Act, Sections
47-6-1 to
47-6-29,
and
47-5-9
NMSA 1978.
C. Plans and
specifications for a water supply, wastewater, or solid waste facility
construction project shall be approved by the department before grant or loan
disbursements to pay for construction costs are made to a local
authority.
D. A local authority
which receives RIA funds shall comply with all applicable federal, state, and
local laws and regulations, including those related to procurement practices,
construction wage rates, and these regulations.
