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HOUSE BILL 302
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Joshua N. Hernandez
AN ACT
RELATING TO LOCAL GOVERNMENTS; AMENDING SECTIONS OF THE
DEVELOPMENT FEES ACT; PROVIDING THAT IMPACT FEE CREDITS ARE NOT
REDUCED BY PROPORTIONAL SHARE CONCEPTS; PROVIDING THAT
MUNICIPALITIES AND COUNTIES CANNOT REQUIRE THE WAIVER OF ANY
PROVISIONS OF THE DEVELOPMENT FEES ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 5-8-10 NMSA 1978 (being Laws 1993,
Chapter 122, Section 10) is amended to read:
"5-8-10. AGREEMENT WITH OWNER REGARDING PAYMENT.--A
municipality or county is authorized to enter into an agreement
with the owner of a tract of land for which a plat has been
recorded providing for a method of payment of the impact fees
over an extended period of time otherwise in compliance with
the Development Fees Act. No municipality or county may permit
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or require a person or entity, including an owner of land, to
waive a provision of the Development Fees Act. "
SECTION 2. Section 5-8-15 NMSA 1978 (being Laws 1993,
Chapter 122, Section 15) is amended to read:
"5-8-15. CREDITS AGAINST FACILITIES FEES.--Any
construction of, contributions to or dedications of on-site or
off-site facilities, improvements or real or personal property
with off-site benefits [not required to serve the new
development, in excess of minimum municipal and county
standards established by a previously adopted and valid
ordinance or regulation and ] required by a municipality or
county as a condition of development approval shall be credited
against impact fees otherwise due from the development or, if
in excess of the impact fees due from such development, to the
developer as excess credits. A municipality or county shall
enter into an agreement with the person or entity constructing,
contributing or dedicating such facilities, improvements or
real or personal property that provides for the issuance of
such credits against impact fees in compliance with the
Development Fees Act; provided that no municipality or county
shall require any person or entity to waive any provision of
the Development Fees Act as a condition to entering into an
agreement. No municipality or county may impose any
requirements, restrictions or limitations with respect to the
use, issuance or transfer of credits against impact fees unless
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otherwise specifically authorized by the Development Fees Act,
and any requirements, restrictions or limitations in existing
credit agreements shall be deemed void, shall be of no further
force or effect and shall not be enforceable. The credit shall
include one hundred percent of the value, without reduction ,
of:
A. dedication of land for parks, recreational
areas, open space trails and related areas and facilities or
payments in lieu of that dedication; [and ]
B. dedication of rights of way or easements or
construction or dedication of on-site water distribution,
wastewater collection or drainage facilities or streets,
sidewalks or curbs; and
C. the entire cost of any capital improvement,
which cost shall not be reduced by any proportionate share of
the cost of the capital improvement or facility expansion
required to serve the new development ."
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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