New Mexico Code § 6-4-2.6

Natural disaster loan program
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A. The department of finance and administration, in consultation with the homeland
security and emergency management department, shall provide zero-interest
reimbursable loans to political subdivisions of the state and electric cooperatives that
have been approved for funding from the federal emergency management agency for a
federally declared natural disaster. The department of finance and administration shall
require a contract for reimbursement from a political subdivision of the state or an
electric cooperative to receive a loan pursuant to this section. The contract shall
specify:
(1) that the political subdivision or electric cooperative shall pay the loan by
providing a release to the homeland security and emergency management department
to transfer directly to the department of finance and administration money received from
the approved funding from the federal emergency management agency that serves as
the basis for the loan;
(2) that the political subdivision or electric cooperative shall repay the loan
within thirty days of becoming eligible for reimbursement under the approved funding
from the federal emergency management agency;
(3) such notice or reporting requirements that the department of finance and
administration deems necessary to be sufficiently informed regarding compliance with
Paragraphs (1) and (2) of this subsection;
(4) a reasonably prompt deadline, determined on a case-by-case basis by the
department of finance and administration, by which date the political subdivision or
electric cooperative shall be required to expend the loan for natural disaster recovery
purposes and that if the political subdivision or electric cooperative does not expend the
loan by this deadline, the political subdivision or electric cooperative shall pay an
interest penalty on the loan, at a fair current market interest rate or federal interest rate,
as determined by the department of finance and administration;
(5) that upon failure to meet a requirement of this subsection, the loan shall
be repaid at a fair current market interest rate or federal interest rate, as determined by
the department of finance and administration; and
(6) that the political subdivision or electric cooperative remit to the department
of finance and administration, which shall deposit in the natural disaster revolving fund,
all income from investment of money from the loan.
B. All loan repayments and interest penalty payments made pursuant to this section
shall be deposited into the natural disaster revolving fund.
C. The secretary of finance and administration shall take any and all legal actions
necessary to enforce the terms of contracts entered into pursuant to this section.
D. On or before June 1, 2025 and every six months thereafter, the department of
finance and administration shall provide a report to the legislative finance committee
and the governor regarding the loans made pursuant to this section, including:
(1) projects for which loan contracts have been made;
(2) the dollar amounts of and repayments made pursuant to those contracts;
and
(3) any breaches of those contracts, subsequent enforcement actions and
results of the enforcement actions, including applicable interest rates for contract
breaches and the determination of those interest rates.
History: Laws 2025, ch. 157, § 1.

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