CREATE RAILYARD CROSSING SAFETY FUND

HB0325

HOUSE BILL 325

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Art De La Cruz
and
Dayan Hochman-Vigil

and
Roberto "Bobby" J. Gonzales
and
Cathrynn N. Brown

and
George K. Muñoz

AN ACT

RELATING TO RAILROADS; CREATING THE RAILROAD CROSSING SAFETY
FUND AS A NONREVERTING FUND IN THE STATE TREASURY; PROVIDING
FOR ADMINISTRATION OF THE FUND; PROVIDING FOR EXPENDITURES FROM
THE FUND FOR PROJECTS TO IMPROVE RAILROAD CROSSING SAFETY AT
ROADS IN THE STATE; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of Chapter 67 NMSA 1978 is
enacted to read:

"[
NEW MATERIAL
] RAILROAD CROSSING SAFETY PROGRAM--RAILROAD
CROSSING SAFETY FUND.--

A. The "railroad crossing safety program" is
created in the department to provide funding for an eligible
project to improve safety at intersections in New Mexico that
include a road and railroad crossing tracks.

B. The department shall provide by rule the
requirements and process required to receive funds for eligible
projects as provided in this section.

C. The "railroad crossing safety fund" is created
as a nonreverting fund in the state treasury to support the
objectives of the railroad crossing safety program. The fund
consists of distributions, appropriations, gifts, grants,
donations and income from investment of the fund. Money in the
fund is appropriated to the department. Expenditures from the
fund shall be made on warrant of the secretary of finance and
administration or the secretary's authorized representative
pursuant to vouchers signed by the secretary of transportation.
The department shall administer the fund for eligible projects
that improve safety at intersections in New Mexico that include
a road and a railroad crossing and to pay administrative costs
necessary to carry out the provisions of this section; provided
that the amount expended for administrative costs shall not
exceed three percent of the annual balance of the fund. Money
in the fund may:

(1) be used as a state match to any federal
grant or appropriation received by the department for the
purpose of safety improvements at road and railroad
intersections; and

(2) beginning on October 1, 2026 and each
October 1 thereafter, be transferred through the department of
finance and administration to the state road fund for eligible
projects.

D. For purposes of this section, "eligible project"
means a project identified and approved to receive funding by
the department to improve safety at intersections that include
a state, tribal, United States or federal designated road and
railroad crossing tracks, and may include grade separation
projects for cars and pedestrians."

SECTION 2.
APPROPRIATION.--One million dollars
($1,000,000) is appropriated from the general fund to the
railroad crossing safety fund for expenditure in fiscal year
2027 and subsequent fiscal years to fund eligible projects to
improve safety at intersections in New Mexico that include a
road and railroad crossing tracks. Any unexpended balance
remaining at the end of a fiscal year shall not revert to the
general fund.

SECTION 3.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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