HB 325

                                1  HOUSE BILL 325
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Art De La Cruz and Dayan Hochman-Vigil
                                5        and Roberto "Bobby" J. Gonzales and Cathrynn N. Brown
                                6  and George K. Muñoz
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO RAILROADS; CREATING THE RAILROAD CROSSING SAFETY
                                12   FUND AS A NONREVERTING FUND IN THE STATE TREASURY; PROVIDING
                                13   FOR ADMINISTRATION OF THE FUND; PROVIDING FOR EXPENDITURES FROM
                                14   THE FUND FOR PROJECTS TO IMPROVE RAILROAD CROSSING SAFETY AT
                                15   ROADS IN THE STATE; MAKING APPROPRIATIONS.
                                16
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                                17   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                18        SECTION 1.    A new section of Chapter 67 NMSA 1978 is
                                19   enacted to read:
                                20        "[NEW MATERIAL] RAILROAD CROSSING SAFETY PROGRAM--RAILROAD
                                21   CROSSING SAFETY FUND.--
                                22  A.   The "railroad crossing safety program" is
                                23   created in the department to provide funding for an eligible
                                24   project to improve safety at intersections in New Mexico that
                                25   include a road and railroad crossing tracks.
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                                1  B.   The department shall provide by rule the
                                2    requirements and process required to receive funds for eligible
                                3    projects as provided in this section.
                                4  C.   The "railroad crossing safety fund" is created
                                5    as a nonreverting fund in the state treasury to support the
                                6    objectives of the railroad crossing safety program.     The fund
                                7    consists of distributions, appropriations, gifts, grants,
                                8    donations and income from investment of the fund.     Money in the
                                9    fund is appropriated to the department.     Expenditures from the
                                10   fund shall be made on warrant of the secretary of finance and
                                11   administration or the secretary's authorized representative
                                12   pursuant to vouchers signed by the secretary of transportation.
                                13   The department shall administer the fund for eligible projects
                                14   that improve safety at intersections in New Mexico that include
                                15   a road and a railroad crossing and to pay administrative costs
                                16   necessary to carry out the provisions of this section; provided
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                                17   that the amount expended for administrative costs shall not
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                                18   exceed three percent of the annual balance of the fund.     Money
                                19   in the fund may:
                                20  (1)   be used as a state match to any federal
                                21   grant or appropriation received by the department for the
                                22   purpose of safety improvements at road and railroad
                                23   intersections; and
                                24  (2)   beginning on October 1, 2026 and each
                                25   October 1 thereafter, be transferred through the department of
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                                1    finance and administration to the state road fund for eligible
                                2    projects.
                                3  D.   For purposes of this section, "eligible project"
                                4    means a project identified and approved to receive funding by
                                5    the department to improve safety at intersections that include
                                6    a state, tribal, United States or federal designated road and
                                7    railroad crossing tracks, and may include grade separation
                                8    projects for cars and pedestrians."
                                9  SECTION 2.    APPROPRIATION.--One million dollars
                                10   ($1,000,000) is appropriated from the general fund to the
                                11   railroad crossing safety fund for expenditure in fiscal year
                                12   2027 and subsequent fiscal years to fund eligible projects to
                                13   improve safety at intersections in New Mexico that include a
                                14   road and railroad crossing tracks.     Any unexpended balance
                                15   remaining at the end of a fiscal year shall not revert to the
                                16   general fund.
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                                17        SECTION 3.    EFFECTIVE DATE.--The effective date of the
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                                18   provisions of this act is July 1, 2026.
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