§ 4-55D-9 — Program guidebook; program administrator

A. The department shall develop and make available on its website within ninety days of the effective date of the Improvement Special Assessment Act the program guidebook governing the terms and conditions under which financing for special assessments may be made available through the program. The program guidebook shall include: (1) forms for the uniform assessment documents; (2) a statement that the term of the special assessment financing agreement shall not exceed thirty years; (3) a statement explaining the application process and eligibility requirements for participation in the program, consistent with Section 4 [4-55D-4 NMSA 1978] of the Improvement Special Assessment Act; (4) a statement explaining the consent requirement provided in Section 4 of the Improvement Special Assessment Act; and (5) a statement explaining the engineer certification requirement set forth in Section 4 of the Improvement Special Assessment Act. B. The department may elect to serve as a program administrator and may contract with a third party to assist with administration. In the event the department or its contracted third party provides administrative services for the program, counties establishing a program pursuant to the Improvement Special Assessment Act shall designate the department or its contracted third party as program administrator in addition to any other program administrator designated by the county. C. The board of county commissioners may authorize a department or official of the county as program administrator pursuant to the county ordinance and may contract with a third party to assist with the administration of the program. D. Any combination of counties may agree to jointly administer a program pursuant to a memorandum of understanding. Any combination of counties may also agree to jointly administer a program pursuant to an agreement under the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978], notwithstanding that the secretary of finance and administration shall not approve more than one joint powers agreement for the administration of a single program.

Legislative History

Laws 2023, ch. 150, § 9.