SB 176

                                1  SENATE BILL 176
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  George K. Muñoz
                                5
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                                8
                                9
                                10  AN ACT
                                11   RELATING TO ECONOMIC DEVELOPMENT; LIMITING FEES CHARGED BY THE
                                12   SPACEPORT AUTHORITY.
                                13
                                14   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                15        SECTION 1.    Section 58-31-3 NMSA 1978 (being Laws 2005,
                                16   Chapter 128, Section 3, as amended) is amended to read:
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                                17        "58-31-3.     DEFINITIONS.--As used in the Spaceport
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                                18   Development Act:
                                19  A.   "authority" means the spaceport authority;
                                20  B.   "project" means [any] a parcel of land, building
                                21   or other [improvements] improvement acquired as part of a
                                22   spaceport or associated with a spaceport or to aid commerce in
                                23   connection with a spaceport and all real and personal property
                                24   deemed necessary in connection with the spaceport;
                                25  C.   "revenue" means municipal regional spaceport
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                                1    gross receipts tax and county regional spaceport gross receipts
                                2    tax revenue received from a regional spaceport district,
                                3    revenue generated by a project and any other legally available
                                4    funds of the authority;
                                5  D.   "space vehicle" means a vehicle capable of being
                                6    flown in space or launching a payload into space; and
                                7  E.   "spaceport" means a facility in New Mexico at
                                8    which space vehicles may be launched or landed, including all
                                9    facilities and support infrastructure related to launch,
                                10   landing or payload processing."
                                11        SECTION 2.    Section 58-31-5 NMSA 1978 (being Laws 2005,
                                12   Chapter 128, Section 5, as amended) is amended to read:
                                13        "58-31-5.    AUTHORITY POWERS AND DUTIES.--
                                14  A.   The authority shall:
                                15  (1)   hire an executive director, who shall
                                16   employ the necessary professional, technical and clerical staff
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                                17   to enable the authority to function efficiently and shall
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                                18   direct the affairs and business of the authority, subject to
                                19   the direction of the authority;
                                20  (2)   be located within fifty miles of a
                                21   southwest regional spaceport;
                                22  (3)   advise the governor, the governor's staff
                                23   and the New Mexico finance authority oversight committee on
                                24   methods, proposals, programs and initiatives involving a
                                25   southwest regional spaceport that may further stimulate space-
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                                1    related business and employment opportunities in New Mexico;
                                2  (4)    initiate, develop, acquire, own,
                                3    construct, maintain and lease space-related projects;
                                4  (5)    make and execute all contracts and other
                                5    instruments necessary or convenient to the exercise of its
                                6    powers and duties;
                                7  (6)    create programs to expand high-technology
                                8    economic opportunities within New Mexico;
                                9  (7)    create avenues of communication among
                                10   federal government agencies, the space industry, users of space
                                11   launch services and academia concerning space business;
                                12  (8)    promote legislation that will further the
                                13   goals of the authority and development of space business;
                                14  (9)    oversee and fund production of promotional
                                15   literature related to the authority's goals;
                                16  (10)   identify science and technology trends
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                                17   that are significant to space enterprise and the state and act
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                                18   as a clearinghouse for space enterprise issues and information;
                                19  (11)   coordinate and expedite the involvement
                                20   of the state executive branch's space-related development
                                21   efforts; and
                                22  (12)   perform environmental, transportation,
                                23   communication, land use and other technical studies necessary
                                24   or advisable for projects and programs or to secure licensing
                                25   by appropriate United States agencies.
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                                1  B.   The authority may:
                                2  (1)   advise and cooperate with municipalities,
                                3    counties, state agencies and organizations, appropriate federal
                                4    agencies and organizations and other interested persons and
                                5    groups;
                                6  (2)   solicit and accept federal, state, local
                                7    and private grants of funds or property and financial or other
                                8    aid for the purpose of carrying out the provisions of the
                                9    Spaceport Development Act;
                                10  (3)   adopt rules governing the manner in which
                                11   its business is transacted and the manner in which the powers
                                12   of the authority are exercised and its duties performed;
                                13  (4)   operate spaceport facilities, including
                                14   acquisition of real property necessary for spaceport facilities
                                15   and the filing of necessary documents with appropriate
                                16   agencies;
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                                17  (5)   construct, purchase, accept donations of
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                                18   or lease projects located within the state;
                                19  (6)   sell, lease or otherwise dispose of a
                                20   project upon terms and conditions acceptable to the authority
                                21   and in the best interests of the state;
                                22  (7)   issue revenue bonds and borrow money for
                                23   the purpose of defraying the cost of acquiring a project by
                                24   purchase or construction and of securing the payment of the
                                25   bonds or repayment of a loan;
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                                1  (8)    enter into contracts with regional
                                2    spaceport districts and issue bonds on behalf of regional
                                3    spaceport districts for the purpose of financing the purchase,
                                4    construction, renovation, equipping or furnishing of a regional
                                5    spaceport or a spaceport-related project;
                                6  (9)    refinance a project;
                                7  (10)   contract with any competent private or
                                8    public organization or individual to assist in the fulfillment
                                9    of its duties;
                                10  (11)   fix, alter, charge and collect tolls,
                                11   fees or rentals and impose any other charges for the use of or
                                12   for services rendered by any authority facility, program or
                                13   service; provided that:
                                14  (a)   an annual rental fee for a given
                                15   project shall be for a fixed rate and not vary based on changes
                                16   in the space market, amount of project use or other condition;
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                                17   and
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                                18  (b)   an annual fee for general services
                                19   and use of common spaceport facilities for a given rental
                                20   customer shall not be less than seventy percent of that
                                21   customer's annual project rental fee; and
                                22  (12)   contract with regional spaceport
                                23   districts to receive municipal spaceport gross receipts tax and
                                24   county regional spaceport gross receipts tax revenues.
                                25  C.   The authority shall not:
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                                1  (1)   incur debt as a general obligation of the
                                2    state or pledge the full faith and credit of the state to repay
                                3    debt; or
                                4  (2)   expend funds or incur debt for the
                                5    improvement, maintenance, repair or addition to property unless
                                6    it is owned by the authority, the state or a political
                                7    subdivision of the state."
                                8  SECTION 3.    APPLICABILITY.--The provisions of this act
                                9    apply to contracts executed on or after the effective date of
                                10   this act.
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