New Mexico 2025 Regular Session

New Mexico House Bill HB302 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 302
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Joshua N. Hernandez
32	32	AN ACT
33	33	RELATING TO LOCAL GOVERNMENTS; AMENDING SECTIONS OF THE
34	34	DEVELOPMENT FEES ACT; PROVIDING THAT IMPACT FEE CREDITS ARE NOT
35	35	REDUCED BY PROPORTIONAL SHARE CONCEPTS; PROVIDING THAT
36	36	MUNICIPALITIES AND COUNTIES CANNOT REQUIRE THE WAIVER OF ANY
37	37	PROVISIONS OF THE DEVELOPMENT FEES ACT.
38	38	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
39	39	SECTION 1. Section 5-8-10 NMSA 1978 (being Laws 1993,
40	40	Chapter 122, Section 10) is amended to read:
41	41	"5-8-10. AGREEMENT WITH OWNER REGARDING PAYMENT.--A
42	42	municipality or county is authorized to enter into an agreement
43	43	with the owner of a tract of land for which a plat has been
44	44	recorded providing for a method of payment of the impact fees
45	45	over an extended period of time otherwise in compliance with
46	46	the Development Fees Act. No municipality or county may permit
47	47	.229496.1 underscored material = new
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74	74	or require a person or entity, including an owner of land, to
75	75	waive a provision of the Development Fees Act. "
76	76	SECTION 2. Section 5-8-15 NMSA 1978 (being Laws 1993,
77	77	Chapter 122, Section 15) is amended to read:
78	78	"5-8-15. CREDITS AGAINST FACILITIES FEES.--Any
79	79	construction of, contributions to or dedications of on-site or
80	80	off-site facilities, improvements or real or personal property
81	81	with off-site benefits [not required to serve the new
82	82	development, in excess of minimum municipal and county
83	83	standards established by a previously adopted and valid
84	84	ordinance or regulation and ] required by a municipality or
85	85	county as a condition of development approval shall be credited
86	86	against impact fees otherwise due from the development or, if
87	87	in excess of the impact fees due from such development, to the
88	88	developer as excess credits. A municipality or county shall
89	89	enter into an agreement with the person or entity constructing,
90	90	contributing or dedicating such facilities, improvements or
91	91	real or personal property that provides for the issuance of
92	92	such credits against impact fees in compliance with the
93	93	Development Fees Act; provided that no municipality or county
94	94	shall require any person or entity to waive any provision of
95	95	the Development Fees Act as a condition to entering into an
96	96	agreement. No municipality or county may impose any
97	97	requirements, restrictions or limitations with respect to the
98	98	use, issuance or transfer of credits against impact fees unless
99	99	.229496.1
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127	127	otherwise specifically authorized by the Development Fees Act,
128	128	and any requirements, restrictions or limitations in existing
129	129	credit agreements shall be deemed void, shall be of no further
130	130	force or effect and shall not be enforceable. The credit shall
131	131	include one hundred percent of the value, without reduction ,
132	132	of:
133	133	A. dedication of land for parks, recreational
134	134	areas, open space trails and related areas and facilities or
135	135	payments in lieu of that dedication; [and ]
136	136	B. dedication of rights of way or easements or
137	137	construction or dedication of on-site water distribution,
138	138	wastewater collection or drainage facilities or streets,
139	139	sidewalks or curbs; and
140	140	C. the entire cost of any capital improvement,
141	141	which cost shall not be reduced by any proportionate share of
142	142	the cost of the capital improvement or facility expansion
143	143	required to serve the new development ."
144	144	SECTION 3. EFFECTIVE DATE.--The effective date of the
145	145	provisions of this act is July 1, 2025.
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