New Mexico Register / Volume XXXVI,
Issue 8 / April 22, 2025
NOTICE OF RULEMAKING
The
Department of Finance and Administration’s Infrastructure Planning and
Development Division (the Division) is proposing to repeal and replace the New
Mexico Administrative Code (NMAC) rule 2.110.2 NMAC, Procedures for Applying
for a Small Cities Community Development Block Grant to address liability
associated with non-compliance by grant recipients and align with updated requirements
set out in federal regulations.
Section
9-6-21, NMSA 1978, as amended, requires Infrastructure Planning and Development
Division to provide assistance to local governments,
councils of governments, and tribal governments in administering funding to
complete capital projects.
Notice Date: April 22, 2025
Hearing Date: May 28, 2025
Adoption Date: Proposed as July 1, 2025
Technical
Citations: 2.110.2 NMAC
The
Department is proposing to repeal and replace the rule
as follows:
Throughout the rule:
1.
Language
is updated to change definition of “division” to mean Infrastructure Planning
and Development Division.
2.
Language
is revised to remove definition of “Blighted Area”.
3.
Language
is revised to remove definition of “Slum Area”.
4.
Language
is revised to remove “Housing” and “Economic Development” as eligible
activities because terms of compliance (liability).
5.
Language
has been simplified or updated to allow the rules to be more coherent.
6.
Language
is added to reflect required certification by the Higher Education Department
and the Energy, Minerals, and Natural Resources Department that buildings meet
current energy compliance standards as outlined in 14.7.9 NMAC.
7.
Several
sections have been renumbered due to new sections being added into the NMAC.
Section 1
Subsection - is updated
to change division to Infrastructure Planning and Development Division.
Section 7
This section is renumbered due to new definitions
and subsections added to the NMAC.
This section is updated to add new definitions.
Subsection
B - is updated to remove
definition of “Blighted Area”.
Subsection
G - is updated to
define the term “Division”.
Subsection
H - is updated to
remove definition of “Economic Development”.
Subsection
N - is updated to remove definition
of “Program Income”.
Subsection
R - is updated to remove
definition of “Slum Area”.
Section
11
Subsection
B - is updated to remove
“Housing”.
Subsection
D - is updated to remove
“Economic Development”.
Section 12
Subsection C - is updated to remove authority for applicants to
use fifteen percent of grant for public facility program activities.
Section 14
Subsection B - is updated to authorize non-rural applicants may
also apply for funding.
Subsection C - is updated to remove competition language and
economic development and emergency categories are removed.
Section 16
Subsection - is updated to change requirement for applicants
to meet national objectives.
Subsection A - part 3 - is updated to clarify that eligible activity does
not need to add or improve permanent residential structures that will be
occupied by low and moderate income households.
Subsection A - part 4 - is updated so that activity does not need to involve
creating or retaining jobs for persons of low and moderate income.
Section 25
Subsection E - is updated to replace “conference telephone” to
“video conferencing”.
Section 26
Subsection A - is updated and removed.
Subsection B - is updated and removed.
Subsection C - -is updated and removed.
Subsection D - is updated and removed.
Subsection E - is updated and removed.
Subsection F - is updated and removed.
Subsection G - is updated and removed.
Subsection H - is updated and removed.
Subsection I - is updated and removed.
These proposed rule changes will be
contained in 2.110.2 NMAC. The register
and the proposed rule are available on the Division website at: https://www.nmdfa.state.nm.us/. If you do not have internet access, a copy of
the proposed register and rule may be requested by contacting DFA Office of
General Counsel at dfalegal@dfa.nm.gov and (505) 827-4985.
The
IPDD proposes to implement this rule effective July 1,
2025.
A public hearing to receive testimony on
this proposed rule will be held on May 28, 2025, at 9:00 a.m. The hearing will be held at the New Mexico
Public Education Department, Marbry Hall Auditorium, 300 Don Gaspar Avenue,
Santa Fe, New Mexico, 87501, and via Microsoft Teams.
Join
Microsoft Teams Meeting
Click here to join the meeting
Dial in by phone
+1 505-312-4308,
256122521#
Phone conference
ID: 256 122 521#
Interested
persons may address written comments to:
DFA
Office of General Counsel
ATTN: IPDD 2.110.2 NMAC Public Comments
407
Galisteo St.
Bataan
Memorial Building, Room 180
Santa
Fe, NM 87501
Recorded
comments may be left at (505) 827-4985. Interested persons may also address comments
via electronic mail to: dfalegal@dfa.nm.gov.
Written mail, electronic mail and recorded comments must be received no
later than 12:00 p.m. MT on May 28, 2025.
Written and recorded comments will be given the same consideration as
oral testimony made at the public hearing.
All written comments received will be posted as they are received on the
DFA website at https://www.nmdfa.state.nm.us/
along with the applicable register and
rule. The public posting will include
the name and any contact information provided by the commenter.