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Legislation Detail
CS/HB 158/a MILITARY BASE PLANNING & IMPACT ACT
Sponsored By: Rep Debra Marie Sarinana

Actions: [2] HLVMC/HAFC-HLVMC [4] DNP-CS/DP-HAFC [11] DP/a [13] PASSED/H (63-0)- SFC-SFC [26] w/drn [27] PASSED/S (40-0) SGND BY GOV (Apr. 8) Ch. 99.

Scheduled: 03-22 08:30 am Senate Chambers

Summary:
 House Bill 158 (HB 158) enacts the Military Base Planning and Impact Act (MBPIA); creates the Military Base Impact Fund (MBIF); provides for grants to defense communities; establishes purposes and limitations; requires reports; amends, repeals, enacts and recompiles sections of chapter 9, article 15 NMSA 1978; repeals the sunset for the Office of Military Base Planning and Support (MBPS) and the Military Base Planning Commission (MBPC); and makes appropriations.  
Legislation Overview:
 House Bill 158 (HB 158) enacts a new Section 9-15-60 NMSA 1978 to establish the Military Base Planning and Impact Act (MBPIA). 

Definitions are provided for such terms as “defense community,” “defense worker,” “defense worker job,” “military facility,” and more.

Section 9-15-50 NMSA 1978 is recompiled as Section 9-15-64 NMSA 1978 and is amended to require that the Military Base Planning Commission (MBPC) advise the military office concerning the development of a grant program and make recommendations for grant awards from the fund, as well as adopt rules regarding the administration of grants from the fund. The rules must include the application procedure, required qualifications for projects, purposes for which the grants may be used, and  the forty-five-minute commute boundary for each military base in New Mexico.

A new Section 9-15-65 NMSA 1978 is enacted to require the MBPC to:

A. obtain and evaluate information about the federal government's considerations, plans, policies and initiatives relating to military base realignment and closure; 
B. obtain and evaluate information relating to the impact of federal military base realignment and closure plans on the state's economy and the military base area's local economy; 
C. work with and provide assistance to established community organizations that have as their purpose the support of the long-term viability of the military bases in their local area; 
D. ensure collaboration among the relevant community organizations, and an understanding of the joint efforts between the military bases in the state; 
E. work with and provide assistance to the state's congressional delegation on matters relating to federal base realignment and closure plans; 
F. advise the governor on measures necessary to ensure the continued presence of military bases in the state;
G. advise the military office concerning the development of a grant program and make recommendations for grant awards from the fund; and 
H. adopt rules regarding: (1) the administration of grants from the fund. 

The rules will include the application procedure, required qualifications for projects and purposes for which the grants may be used; and the forty-five-minute commute boundary for each military base in New Mexico.

A new Section 9-15-65 NMSA 1978 is enacted to read establish the Military Base Impact Fund (MBIF) as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund is appropriated to the military office to provide assistance for infrastructure projects to defense communities impacted by realignment or potential realignment of defense worker jobs or United States military facilities. 

Disbursements from the fund are to be made on the authority of the Secretary of Finance and Administration, pursuant to vouchers signed by the director of the military office. 
The military office is to implement a grant program for infrastructure projects to: 

(1) accommodate or leverage, for the benefit of a defense community, an anticipated expansion of a military facility or employment of defense workers at a military facility or the retention of a military facility or employment of defense workers at a military facility; 
(2) increase the potential to retain a military facility anticipated to be closed or a military mission that is anticipated to be relocated in a realignment process initiated by the federal government; 
(3) facilitate the recruitment of a new military mission or other defense worker employer at a military facility to replace a mission or an employer that is being or is anticipated to be closed, reduced or relocated; or 
(4) stimulate the development or recruitment of private or public sector employers to replace an actual or anticipated reduction in defense worker jobs due to a closure, reduction or relocation of a military base or defense worker employer. 

Criteria for grant awards are detailed, and grants are to be for the purposes of project construction, planning and design or purchase of interests in land for new facilities or rehabilitation or renovation of existing facilities.

An applicant for a grant from the fund shall provide proof satisfactory to the military office that it can and will meet its cost-share requirements. 

Total annual grants from the fund are not to exceed four million dollars ($4,000,000), and no single recipient project may receive more than two million dollars ($2,000,000).

A new Section 9-15-66 NMSA 1978 is enacted to require that on or before November 30 in each subsequent year, the military office provide a report to the governor and to the interim legislative committee regarding the grants and rates of success of the grantees in achieving the goals for which the grants were made.

Sections 9-15-48 and 9-15-49 NMSA 1978 are recompiled as Sections 9-15-62 and 9-15-63 NMSA 1978. 

Twelve million dollars ($12,000,000) is appropriated from the General Fund to the MBIF for expenditure in Fiscal Year 2026 and subsequent fiscal years for the purposes of the fund. 

Section 9-15-51.1 NMSA 1978 is repealed. 
 
Current Law:
 The Military Base Impact Fund is currently not available. The Military Base Planning and Impact Act is not in place to provide the proposed rules related to military bases. Currently, the sunset for the Office of Military Base Planning and Support (MBPS) and the Military Base Planning Commission (MBPC) is July 1, 2007. Appropriations proposed are not available. 
Amendments:
 Amended February 20, 2025 in HCPAC

HCPACa/HB 158: The House Consumer and Public Affairs Committee amendment to House Bill 158 makes the following changes:
1. On page 20, line 7, strike the second instance of "PUBLIC". 
2. On page 26, line 7, strike "public".

 
Committee Substitute:
 Committee Substitute February 6, 2025

HLVMCcs/HB 158: The House Labor, Veteran’s and Military Affairs Committee Substitute for HB 158 modifies the duties of the Military Base Planning Commission as follows:
[The Commission has a duty to] obtain and evaluate information about the federal government's considerations, plans, policies and initiatives relating to assigned base missions.
The following caveat is deleted:

Total annual grants from the fund shall not exceed four million dollars ($4,000,000), and no single recipient project shall receive more than two million dollars ($2,000,000).