2025 New Mexico Statutes
Chapter 62 - Electric, Gas and Water Utilities
Article 21 - Essential Services Development
Section 62-21-2 - Definitions.

As used in the Essential Services Development Act:

A. "broadband telecommunications network facilities" means the electronics, equipment, transmission facilities, fiber-optic cables and any other item directly related to a system capable of transmission of internet protocol or other formatted data at current federal communications commission baseline speed standard, all of which will be owned and used by a provider of internet access services;

B. "division" means the local government division of the department of finance and administration;

C. "essential services project" or "project" means an infrastructure project that allows access to internet, energy, water and wastewater services primarily for residential purposes;

D. "governing body" means the city council, city commission or board of trustees of a municipality or the board of county commissioners of a county;

E. "local government" means a municipality or county;

F. "municipality" means an incorporated city, town or village;

G. "person" means an individual, corporation, association, partnership or other legal entity;

H. "public support" means the provision of assistance by the state to provide direct or indirect assistance to support an essential services project, including for the provision of:

(1) land, buildings or other infrastructure by purchase, lease, grant, construction, reconstruction, improvement or other acquisition or conveyance;

(2) the placement of new broadband telecommunications network facilities; provided that the facilities shall not serve a public facility or location that already meets federal communications commission baseline speed standards;

(3) rights-of-way infrastructure, including trenching and conduit, for the placement of new broadband telecommunications network facilities;

(4) public works improvements essential to the location or expansion of a qualifying entity;

(5) payments for professional services contracts necessary to implement an essential services plan or provide public support for an essential services project;

(6) direct loans or grants for land, buildings or infrastructure;

(7) loan guarantees securing the cost of land, buildings or infrastructure; and

(8) grants for public works infrastructure improvements; and

I. "regional government" means any combination of municipalities and counties that enter into a joint powers agreement to provide public support for economic development projects pursuant to a plan adopted by all parties to the joint powers agreement.

History: Laws 2025, ch. 125, § 2.

Effective dates. — Laws 2025, ch. 125 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2025, 90 days after adjournment of the legislature.