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2017 Op. N.M. Att'y Gen. 1 (2017)

handle is hein.sag/sagnm0096 and id is 1 raw text is: STATE OF NEW MEXICO OFFICE OF THE ATTORNEY GENERAL 1912 HECTOR H. BALDERAS ATTORNEY GENERAL October 31, 2017 Doug Moore, Chair Colonias Infrastructure Board c/o New Mexico Finance Authority 2017 Shelby Street Santa Fe, NM 87501 RE: Opinion Request - Housing Infrastructure and the Anti-Donation Clause Dear Mr. Moore: You requested our advice regarding whether the Anti-Donation Clause of the New Mexico Constitution applies to housing infrastructure projects financed by the Colonias Infrastructure Board (Board) and the New Mexico Finance Authority (NMFA). Specifically, you discussed the affordable housing exception to the Anti-Donation clause, N.M. Const. art. IX, § 14(E), and whether the Board or NMFA can grant funds to counties or municipalities to then be granted on to private entities in order to provide infrastructure to the homes of low income residents of the colonias. As discussed below, we conclude that the Anti-Donation clause is not implicated where the Board and NMFA are providing financial assistance to counties and municipalities because they are political subdivisions of the state. We further conclude that upon receipt of these funds, counties and municipalities may then provide the funds for housing infrastructure projects so long as they conform to requirements of the Affordable Housing Act and the New Mexico Constitution. The Colonias Infrastructure Act, NMSA 1978, Sections 6-30-1 to -8 (2010) (the Act), created the Board for the purpose of providing funding for infrastructure in colonias, which are defined in the Act as a rural community with a population of twenty-five thousand or less located within one hundred fifty miles of the United States-Mexico border that: (1) has been designated as a colonia by the municipality or county in which it is located because of a: (a) lack of potable water supply; (b) lack of adequate sewage systems; or (c) lack of decent, safe and sanitary housing. (2) has been in existence as a colonia prior to November 1990; and (3) has submitted appropriate documentation to the board to substantiate the conditions of this subsection, including documentation that supports the designation of the municipality or county. TOLL FREE 1-844 255-9210 TELEPHONE: (505)490 4060 FAX: (505)490-4883 www.nmag gov MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504 1508 STREET ADDRESS: 408 GALISTEO STREET SANTA FE, NEW MEXICO 87501

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