LIMIT SPACEPORT FEES

SB0176

SENATE BILL 176

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

INTRODUCED BY

George K. Muñoz

AN ACT

RELATING TO ECONOMIC DEVELOPMENT; LIMITING FEES CHARGED BY THE
SPACEPORT AUTHORITY.

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

SECTION 1.
Section 58-31-3 NMSA 1978 (being Laws 2005,
Chapter 128, Section 3, as amended) is amended to read:

"58-31-3. DEFINITIONS.--As used in the Spaceport
Development Act:

A. "authority" means the spaceport authority;

B. "project" means [
any
]
a parcel of
land, building
or other [
improvements
]
improvement
acquired as part of a
spaceport or associated with a spaceport or to aid commerce in
connection with a spaceport and all real and personal property
deemed necessary in connection with the spaceport;

C. "revenue" means municipal regional spaceport
gross receipts tax and county regional spaceport gross receipts
tax revenue received from a regional spaceport district,
revenue generated by a project and any other legally available
funds of the authority;

D. "space vehicle" means a vehicle capable of being
flown in space or launching a payload into space; and

E. "spaceport" means a facility in New Mexico at
which space vehicles may be launched or landed, including all
facilities and support infrastructure related to launch,
landing or payload processing."

SECTION 2.
Section 58-31-5 NMSA 1978 (being Laws 2005,
Chapter 128, Section 5, as amended) is amended to read:

"58-31-5. AUTHORITY POWERS AND DUTIES.--

A. The authority shall:

(1) hire an executive director, who shall
employ the necessary professional, technical and clerical staff
to enable the authority to function efficiently and shall
direct the affairs and business of the authority, subject to
the direction of the authority;

(2) be located within fifty miles of a
southwest regional spaceport;

(3) advise the governor, the governor's staff
and the New Mexico finance authority oversight committee on
methods, proposals, programs and initiatives involving a
southwest regional spaceport that may further stimulate space-related business and employment opportunities in New Mexico;

(4) initiate, develop, acquire, own,
construct, maintain and lease space-related projects;

(5) make and execute all contracts and other
instruments necessary or convenient to the exercise of its
powers and duties;

(6) create programs to expand high-technology
economic opportunities within New Mexico;

(7) create avenues of communication among
federal government agencies, the space industry, users of space
launch services and academia concerning space business;

(8) promote legislation that will further the
goals of the authority and development of space business;

(9) oversee and fund production of promotional
literature related to the authority's goals;

(10) identify science and technology trends
that are significant to space enterprise and the state and act
as a clearinghouse for space enterprise issues and information;

(11) coordinate and expedite the involvement
of the state executive branch's space-related development
efforts; and

(12) perform environmental, transportation,
communication, land use and other technical studies necessary
or advisable for projects and programs or to secure licensing
by appropriate United States agencies.

B. The authority may:

(1) advise and cooperate with municipalities,
counties, state agencies and organizations, appropriate federal
agencies and organizations and other interested persons and
groups;

(2) solicit and accept federal, state, local
and private grants of funds or property and financial or other
aid for the purpose of carrying out the provisions of the
Spaceport Development Act;

(3) adopt rules governing the manner in which
its business is transacted and the manner in which the powers
of the authority are exercised and its duties performed;

(4) operate spaceport facilities, including
acquisition of real property necessary for spaceport facilities
and the filing of necessary documents with appropriate
agencies;

(5) construct, purchase, accept donations of
or lease projects located within the state;

(6) sell, lease or otherwise dispose of a
project upon terms and conditions acceptable to the authority
and in the best interests of the state;

(7) issue revenue bonds and borrow money for
the purpose of defraying the cost of acquiring a project by
purchase or construction and of securing the payment of the
bonds or repayment of a loan;

(8) enter into contracts with regional
spaceport districts and issue bonds on behalf of regional
spaceport districts for the purpose of financing the purchase,
construction, renovation, equipping or furnishing of a regional
spaceport or a spaceport-related project;

(9) refinance a project;

(10) contract with any competent private or
public organization or individual to assist in the fulfillment
of its duties;

(11) fix, alter, charge and collect tolls,
fees or rentals and impose any other charges for the use of or
for services rendered by any authority facility, program or
service;
provided that
:

(a) an annual rental fee for a given
project shall be for a fixed rate and not vary based on changes
in the space market, amount of project use or other condition;
and

(b) an annual fee for general services
and use of common spaceport facilities for a given rental
customer shall not be less than seventy percent of that
customer's annual project rental fee
; and

(12) contract with regional spaceport
districts to receive municipal spaceport gross receipts tax and
county regional spaceport gross receipts tax revenues.

C. The authority shall not:

(1) incur debt as a general obligation of the
state or pledge the full faith and credit of the state to repay
debt; or

(2) expend funds or incur debt for the
improvement, maintenance, repair or addition to property unless
it is owned by the authority, the state or a political
subdivision of the state."

SECTION 3.
APPLICABILITY.--The provisions of this act
apply to contracts executed on or after the effective date of
this act.

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