As used in the Essential Services Development Act:

1. 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;
2. B. "division" means the local government division of the department of finance and administration;
3. C. "essential services project" or "project" means an infrastructure project that allows access to internet, energy, water and wastewater services primarily for residential purposes;
4. 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;
5. E. "local government" means a municipality or county;
6. F. "municipality" means an incorporated city, town or village;
7. G. "person" means an individual, corporation, association, partnership or other legal entity;

8. 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. (1) land, buildings or other infrastructure by purchase, lease, grant, construction, reconstruction, improvement or other acquisition or conveyance;
   2. (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. (3) rights-of-way infrastructure, including trenching and conduit, for the placement of new broadband telecommunications network facilities;
   4. (4) public works improvements essential to the location or expansion of a qualifying entity;
   5. (5) payments for professional services contracts necessary to implement an essential services plan or provide public support for an essential services project;
   6. (6) direct loans or grants for land, buildings or infrastructure;
   7. (7) loan guarantees securing the cost of land, buildings or infrastructure; and
   8. (8) grants for public works infrastructure improvements; and
9. 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.

ANNOTATIONS

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.