SENATE BILL 63
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Timothy M. Keller
AN ACT
RELATING TO LONG-TERM PLANNING AND EVALUATION; ESTABLISHING THE NEW MEXICO STRATEGIC PLANNING COMMISSION TO ESTABLISH A STATEWIDE STRATEGIC PLANNING PROCESS AND TO CONDUCT AN ONGOING REVIEW OF THE PLANNING PROCESS IN NEW MEXICO; ESTABLISHING POWERS AND DUTIES; AUTHORIZING APPROPRIATIONS FROM THE PUBLIC PROJECT REVOLVING FUND; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 5 of this act may be cited as the "Strategic Planning Act".
Section 2. [NEW MATERIAL] LEGISLATIVE FINDINGS--PURPOSE.--
A. The legislature finds that the state is faced with increasing demands and limited resources, and that this situation requires the conservation and wise management of resources to preserve resources for future generations. The legislature further finds that wise use and management of state resources require the cooperative effort of both the public and the private sector.
B. The legislature also finds that the state currently lacks a comprehensive strategic planning process and that new laws and policies are sometimes developed without a full assessment of existing policy, in some cases resulting in duplicative or even contradictory policies. Given the necessity of strategic planning and resource management, the legislature finds that a process must be established to accomplish both those goals in a manner that reflects the diversity and richness of the state's citizenry.
C. It is the purpose of the Strategic Planning Act to create a commission to oversee the design and implementation of a statewide strategic planning process and to review statewide planning and planning processes on an ongoing basis.
D. The commission created by the Strategic Planning Act is not intended to generate plans or engage in planning for the state or any local government, or to conflict with existing regional or local planning initiatives, but rather to create a strategic planning process that may be utilized by state and local governments when those governmental entities plan.
Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Strategic Planning Act:
A. "commission" means the New Mexico strategic planning commission; and
B. "director" means the executive director of the New Mexico strategic planning commission.
Section 4. [NEW MATERIAL] NEW MEXICO STRATEGIC PLANNING COMMISSION--CREATION--MEMBERSHIP.--
A. The "New Mexico strategic planning commission" is created.
B. The commission consists of thirteen members, six of whom shall be appointed by the governor; three of whom shall be appointed by the president pro tempore of the senate; three of whom shall be appointed by the speaker of the house of representatives; and one of whom shall be the chair of the board of the New Mexico finance authority, who shall be an ex-officio member voting only when the appointed members are equally divided in a vote. To the extent possible, members should be appointed to reflect the geographic and cultural diversity of the state. Of the members initially appointed to the commission, two members appointed by the senate president pro tempore and the speaker of the house of representatives shall serve terms of two years and the remaining legislative appointees shall serve terms of four years; and members appointed by the governor shall serve terms of three years. All subsequent appointees shall serve terms of four years.
C. The commission shall elect one member from among themselves to serve as chair and may elect from among themselves other officers it deems necessary.
D. Members of the commission who are not state employees may be paid per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act.
Section 5. [NEW MATERIAL] COMMISSION POWERS AND DUTIES.--
A. The commission shall establish a strategic planning process that shall include public and private sector partners and shall be modeled after strategic planning processes in common use in the public and private sectors. The process shall include:
(1) a method to ensure broad-based statewide participation;
(2) an information-gathering component by which to assess current economic conditions and trends;
(3) an analysis of the state's strengths, weaknesses and opportunities;
(4) the establishment of goals, objectives, milestones, a time line for implementation and tracking and a vision for New Mexico and strategies for implementation;
(5) a procedure and metrics for measuring performance; and
(6) a procedure for periodic review and refinement of the planning process.
B. The planning process shall be designed to generate plans to improve governmental accountability, efficiency and organizational structure and to create a strategic road map for all major governmental functions, including capital outlay and functions related to work force development, children and families, education, energy, environment, water, economic development, health, housing, culture and infrastructure.
C. The commission shall coordinate, collaborate and use the resources in the various agencies, office of the governor, authorities, local governments and departments that contain planning functions in New Mexico.
D. The commission shall hire and fix the compensation of an executive director. The director shall not currently be employed by the state. The director shall be well versed in planning and management and the implementation of planning directives. The director, with the authorization of the commission, may employ staff as necessary to carry out the duties of the commission and the provisions of the Strategic Planning Act.
E. The commission, through its director, is authorized to enter into such contracts and agreements as are necessary to carry out the provisions of the Strategic Planning Act.
F. Once a strategic planning process is established, the commission shall continue to review state and local planning, shall review the implementation and effectiveness of its planning process on an ongoing basis and may revise the planning process based on this review.
G. Prior to November 1 of each year, the commission shall prepare and submit a report to the governor, the legislative finance committee and the interim New Mexico finance authority oversight committee on the status of the strategic planning process and on the efforts and accomplishments of the commission. The report shall include recommendations regarding funding for the commission for the next fiscal year and shall be made available to the public on the legislature's and the governor's web sites.
Section 6. Section 6-21-6.1 NMSA 1978 (being Laws 1994, Chapter 145, Section 2, as amended) is amended to read:
"6-21-6.1. PUBLIC PROJECT REVOLVING FUND--APPROPRIATIONS TO OTHER FUNDS.--
A. The authority and the department of environment may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act for the purpose of describing and allocating duties and responsibilities with respect to creation of an integrated loan and grant program to be financed through issuance of bonds payable from the public project revolving fund. The bonds may be issued in installments or at one time by the authority in amounts authorized by law. The aggregate amount of bonds authorized and outstanding pursuant to this subsection shall not be greater than the amount of bonds that may be annually repaid from an amount not to exceed thirty-five percent of the governmental gross receipts tax proceeds distributed to the public project revolving fund in the preceding fiscal year. The net proceeds may be used for purposes of the [water and wastewater] local government planning fund and the water and wastewater project grant fund as specified in the New Mexico Finance Authority Act or for purposes of the Wastewater Facility Construction Loan Act, the Rural Infrastructure Act, the Solid Waste Act or the Drinking Water State Revolving Loan Fund Act.
B. Public projects funded pursuant to the Wastewater Facility Construction Loan Act, the Rural Infrastructure Act, the Solid Waste Act or the Drinking Water State Revolving Loan Fund Act shall not require specific authorization by law as required in Sections 6-21-6 and 6-21-8 NMSA 1978.
C. At the end of each fiscal year, after all debt service charges, replenishment of reserves and administrative costs on all outstanding bonds, notes or other obligations payable from the public project revolving fund are satisfied, an aggregate amount not to exceed thirty-five percent of the governmental gross receipts tax proceeds distributed to the public project revolving fund in the preceding fiscal year less all debt service charges and administrative costs of the authority paid in the preceding fiscal year on bonds issued pursuant to this section may be appropriated by the legislature from the public project revolving fund to the following commission or funds for planning and local infrastructure financing:
(1) the wastewater facility construction loan fund for purposes of the Wastewater Facility Construction Loan Act;
(2) the rural infrastructure revolving loan fund for purposes of the Rural Infrastructure Act;
(3) the solid waste facility grant fund for purposes of the Solid Waste Act;
(4) the drinking water state revolving loan fund for purposes of the Drinking Water State Revolving Loan Fund Act;
(5) the water and wastewater project grant fund for purposes specified in the New Mexico Finance Authority Act; [or]
(6) the [water and wastewater] local government planning fund for purposes specified in the New Mexico Finance Authority Act; or
(7) the New Mexico strategic planning commission.
D. The authority and the department of environment in coordination with the New Mexico finance authority oversight committee may recommend annually to each regular session of the legislature amounts to be appropriated to the funds listed in Subsection C of this section for local infrastructure financing."
Section 7. APPROPRIATION.--Four hundred fifty thousand dollars ($450,000) is appropriated from the public project revolving fund to the New Mexico strategic planning commission for expenditure in fiscal year 2011 for the purpose of carrying out the provisions of the Strategic Planning Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2011 shall revert to the public project revolving fund.
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