N.M. Code R. § 20.7.9.108 – General Policy Declaration

A. Grants from the program may be offered for up to 100% of the total eligible project costs under state and federal statutes and regulations, subject to availability of grant monies. Two types of grants are available: planning grants and design/construction grants.
(1) Planning grants are intended to enable the applicant to identify: if the project is feasible, the most cost effective collection and treatment process, and reasonable design and construction costs. Generally, a grant increase would be provided for the design and construction phase if funds are available.
(2) The design/construction grant may include the cost of planning and design and may precede the design phase of the project if the planning and design periods are relatively short and if a reasonable estimate of construction costs is available.
B. A long-term commitment for future funding of a phased or segmented project will not be made; although, partial or phased funding for a project (without a guarantee of future funding) may be offered when deemed necessary to meet state water quality and public health objectives.
C. Grant funds shall be awarded to eligible applicants as soon as possible after the monies become available. The program will be managed so that a contingency reserve is held available. The amount of the reserve will be dependent on both available and committed monies. This contingency reserve may be used for administration of the program, and limited-purpose contingencies, including grant increases subject to federal and state statutes.
D. In the event project costs exceed the estimates in the grant agreement, the Grantee may request that the NMED consider an increase to the grant. Such requests will be evaluated in respect to available uncommitted monies in the program, and other criteria set by the NMED. The NMED may follow any procedure deemed appropriate under the circumstances.
E. In the event project costs are less than the estimates in the grant agreement, then the grant amount shall be adjusted downward by a corresponding amount at the time the final project closeout is executed following completion of the project.
F. The NMED may waive or adjust any rule relative to the administration of the program where it is deemed that the waiver or adjustment is in the best interest of the State and the community, and the waiver or adjustment does not violate any state or Federal statute or regulation.
[2/28/93, 11/30/95; 20.7.9.108 NMAC - Rn 20 NMAC 7.9.I.109]