N.M. Admin. Code § 20.7.2.200

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.7.2.200 - ELIGIBILITY

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.

N.M. Admin. Code § 20.7.2.200

20.7.2.200 NMAC - Rp, 20 NMAC 7.2.200, 10/31/2001; A, 10/29/2007