NM
New Mexico Senate Bill SB7

New Mexico 2025 Regular Session

New Mexico Senate Bill SB7 Compare Versions

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1-SB 7
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28+SENATE BILL 7
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+William E. Sharer
2848 AN ACT
2949 RELATING TO MUNICIPALITIES; AUTHORIZING MUNICIPALITIES TO
3050 ACQUIRE, OPERATE AND MAINTAIN A MUNICIPAL UTILITY TO PROVIDE
31-FOR STORM WATER SERVICE AND CHARGE A FEE OR ADVANCE PAYMENT
32-FOR THE STORM WATER SERVICE; ADDING STORM WATER FACILITIES TO
33-THE DEFINITION OF "MUNICIPAL UTILITY" IN THE MUNICIPAL CODE.
51+FOR STORM WATER SERVICE AND CHARGE A FEE OR ADVANCE PAYMENT FOR
52+THE STORM WATER SERVICE; ADDING STORM WATER FACILITIES TO THE
53+DEFINITION OF "MUNICIPAL UTILITY" IN THE MUNICIPAL CODE.
3454 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
35-SECTION 1. A new section of the Municipal Code is
36-enacted to read:
37-"STORM WATER MUNICIPAL UTILITY--AUTHORITY TO ACQUIRE
38-FACILITIES AND PROVIDE SERVICE--FEE.--
55+SECTION 1. A new section of the Municipal Code is enacted
56+to read:
57+"[NEW MATERIAL] STORM WATER MUNICIPAL UTILITY--AUTHORITY
58+TO ACQUIRE FACILITIES AND PROVIDE SERVICE--FEE.--
3959 A. A municipality may, by ordinance, acquire,
4060 operate and maintain a municipal utility to provide for storm
4161 water service for the collection, treatment, storage or
4262 disposal of storm water.
43-B. A municipality may require each person owning
44-or controlling real property in the municipality to pay a
45-just and reasonable fee for storm water service provided by a
46-municipal utility."
47-SECTION 2. Section 3-1-2 NMSA 1978 (being Laws 1965,
48-Chapter 300, Section 14-1-2, as amended) is amended to read:
49-"3-1-2. DEFINITIONS.--As used in the Municipal Code:
50-A. "acquire" or "acquisition" means purchase,
51-construct, accept or any combination of purchasing, SB 7
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90+B. A municipality may require each person owning or
91+controlling real property in the municipality to pay a just and
92+reasonable fee for storm water service provided by a municipal
93+utility."
94+SECTION 2. Section 3-1-2 NMSA 1978 (being Laws 1965,
95+Chapter 300, Section 14-1-2, as amended) is amended to read:
96+"3-1-2. DEFINITIONS.--As used in the Municipal Code:
97+A. "acquire" or "acquisition" means purchase,
98+construct, accept or any combination of purchasing,
7899 constructing or accepting;
79100 B. "business" means any person, occupation,
80101 profession, trade, pursuit, corporation, institution,
81-establishment, utility, article, commodity or device engaged
82-in making a profit, but does not include an employee;
83-C. "census" means any enumeration of population
84-of a municipality conducted under the direction of the
85-government of the United States, the state of New Mexico or
86-the municipality;
102+establishment, utility, article, commodity or device engaged in
103+making a profit, but does not include an employee;
104+C. "census" means any enumeration of population of
105+a municipality conducted under the direction of the government
106+of the United States, the state of New Mexico or the
107+municipality;
87108 D. "county" means the county in which the
88109 municipality or land is situated;
89-E. "district court" means the district court of
90-the district in which the municipality or land is situated;
91-F. "governing body" means the city council or
92-city commission of a city, the board of trustees of a town
93-or village, the council of incorporated counties and the
94-board of county commissioners of H class counties;
95-G. "municipal" or "municipality" means any
96-incorporated city, town or village, whether incorporated
97-under general act, special act or special charter,
98-incorporated counties and H class counties;
99-H. "municipal utility" means sewer facilities,
100-water facilities, gas facilities, electric facilities, storm
101-water facilities, generating facilities or any interest in
102-jointly owned generating facilities owned by a municipality SB 7
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110+E. "district court" means the district court of the
111+district in which the municipality or land is situated;
112+F. "governing body" means the city council or city
113+commission of a city, the board of trustees of a town or
114+village, the council of incorporated counties and the board of
115+.229215.1
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129-and serving the public. A municipality that owns both
130-electric facilities and any interest in jointly owned
131-generating facilities may, by ordinance, designate such
132-interest in jointly owned generating facilities as part of
133-its electric facilities. Generating facilities shall be
134-considered as part of a municipality's electric facilities
135-unless the municipality designates, by ordinance, the
136-generating facilities as a separate municipal utility, such
137-designation being conclusive subject to any existing
138-property rights or contract rights;
139-I. "public ground" means any real property owned
140-or leased by a municipality;
143+county commissioners of H class counties;
144+G. "municipal" or "municipality" means any
145+incorporated city, town or village, whether incorporated under
146+general act, special act or special charter, incorporated
147+counties and H class counties;
148+H. "municipal utility" means sewer facilities,
149+water facilities, gas facilities, electric facilities, storm
150+water facilities, generating facilities or any interest in
151+jointly owned generating facilities owned by a municipality and
152+serving the public. A municipality that owns both electric
153+facilities and any interest in jointly owned generating
154+facilities may, by ordinance, designate such interest in
155+jointly owned generating facilities as part of its electric
156+facilities. Generating facilities shall be considered as part
157+of a municipality's electric facilities unless the municipality
158+designates, by ordinance, the generating facilities as a
159+separate municipal utility, such designation being conclusive
160+subject to any existing property rights or contract rights;
161+I. "public ground" means any real property owned or
162+leased by a municipality;
141163 J. "publish" or "publication" means printing in a
142164 newspaper that maintains an office in the municipality and is
143165 of general circulation within the municipality or, if such
144166 newspaper is a nondaily paper that will not be circulated to
145-the public in time to meet publication requirements or if
146-there is no newspaper that maintains an office in the
147-municipality and is of general circulation within the
148-municipality, then "publish" or "publication" means posting
149-in six public places within the municipality on the first day
150-that publication is required in a newspaper that maintains an
151-office in the municipality and is of general circulation
152-within the municipality. One of the public places where
153-posting shall be made is the office of the municipal clerk, SB 7
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167+the public in time to meet publication requirements or if there
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180-who shall maintain the posting during the length of time
181-necessary to comply with the provisions relating to the
182-number of times publication is required in a newspaper of
183-general circulation within the municipality. The municipal
184-clerk may, in addition to posting, publish one or more times
185-in a newspaper of general circulation in the municipality;
196+is no newspaper that maintains an office in the municipality
197+and is of general circulation within the municipality, then
198+"publish" or "publication" means posting in six public places
199+within the municipality on the first day that publication is
200+required in a newspaper that maintains an office in the
201+municipality and is of general circulation within the
202+municipality. One of the public places where posting shall be
203+made is the office of the municipal clerk, who shall maintain
204+the posting during the length of time necessary to comply with
205+the provisions relating to the number of times publication is
206+required in a newspaper of general circulation within the
207+municipality. The municipal clerk may, in addition to posting,
208+publish one or more times in a newspaper of general circulation
209+in the municipality;
186210 K. "qualified elector" means any person who is a
187211 resident of the municipality and is registered to vote under
188212 the provisions of the Election Code. Persons who would
189-otherwise be qualified electors if land on which they reside
190-is annexed to a municipality shall be deemed to be qualified
213+otherwise be qualified electors if land on which they reside is
214+annexed to a municipality shall be deemed to be qualified
191215 electors:
192-(1) upon the effective date of the
193-municipal ordinance effectuating the terms of the annexation
194-as certified by the board of arbitration pursuant to
195-Section 3-7-10 NMSA 1978;
216+(1) upon the effective date of the municipal
217+ordinance effectuating the terms of the annexation as certified
218+by the board of arbitration pursuant to Section 3-7-10 NMSA
219+1978;
196220 (2) upon thirty days after the filing of an
197-order of annexation by the municipal boundary commission
198-pursuant to Sections 3-7-15 and 3-7-16 NMSA 1978 if no appeal
199-is filed or, if an appeal is filed, upon the filing of a
200-nonappealable court order effectuating the annexation; or
201-(3) upon thirty days after the filing of an
202-ordinance pursuant to Section 3-7-17 NMSA 1978 if no appeal
203-is filed or, if an appeal is filed, upon the filing of a
204-nonappealable court order effectuating the annexation; SB 7
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249+order of annexation by the municipal boundary commission
250+pursuant to Sections 3-7-15 and 3-7-16 NMSA 1978 if no appeal
251+is filed or, if an appeal is filed, upon the filing of a
252+nonappealable court order effectuating the annexation; or
253+(3) upon thirty days after the filing of an
254+ordinance pursuant to Section 3-7-17 NMSA 1978 if no appeal is
255+filed or, if an appeal is filed, upon the filing of a
256+nonappealable court order effectuating the annexation;
231257 L. "revenue producing project" means any
232-municipally owned self-liquidating projects that furnish
233-public services to a municipality and its residents,
258+municipally owned self-liquidating projects that furnish public
259+services to a municipality and its [citizens ] residents,
234260 including but not necessarily limited to public buildings;
235261 facilities and equipment for the collection or disposal of
236262 trash, refuse or garbage; swimming pools; golf courses and
237263 other recreational facilities; cemeteries or mausoleums or
238-both; airports; off-street parking garages; and
239-transportation centers, which may include but are not limited
240-to office facilities and customary terminal facilities for
241-airlines, trains, monorails, subways, intercity and intracity
242-buses and taxicabs. "Revenue producing project" does not
243-mean a municipal utility as defined in Subsection H of this
244-section;
264+both; airports; off-street parking garages; and transportation
265+centers, which may include but are not limited to office
266+facilities and customary terminal facilities for airlines,
267+trains, monorails, subways, intercity and intracity buses and
268+taxicabs. "Revenue producing project" does not mean a
269+municipal utility as defined in Subsection H of this section;
245270 M. "street" means any thoroughfare that can
246271 accommodate pedestrian or vehicular traffic, is open to the
247272 public and is under the control of the municipality;
248273 N. "warrant" means a warrant, check or other
249-negotiable instrument issued by a municipality in payment for
250-goods or services acquired by the municipality or for the
251-payment of a debt incurred by the municipality;
252-O. "mayor" means the chief executive officer of
253-municipalities having the mayor-council form of government.
254-In municipalities having other forms of government, the
255-presiding officer of the governing body and the official SB 7
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282-head of the government, without executive powers, may be
283-designated mayor by the governing body. Wherever the
284-Municipal Code requires an act to be performed by the mayor
285-with the consent of the governing body, in municipalities not
286-having the mayor-council form of government, the act shall be
287-performed by the governing body;
288-P. "generating facility" means any facility
289-located within or outside the state necessary or incidental
290-to the generation or production of electric power and energy
291-by any means and includes:
302+negotiable instrument issued by a municipality in payment for
303+goods or services acquired by the municipality or for the
304+payment of a debt incurred by the municipality;
305+O. "mayor" means the chief executive officer of
306+municipalities having the mayor-council form of government. In
307+municipalities having other forms of government, the presiding
308+officer of the governing body and the official head of the
309+government, without executive powers, may be designated mayor
310+by the governing body. Wherever the Municipal Code requires an
311+act to be performed by the mayor with the consent of the
312+governing body, in municipalities not having the mayor-council
313+form of government, the act shall be performed by the governing
314+body;
315+P. "generating facility" means any facility located
316+within or outside the state necessary or incidental to the
317+generation or production of electric power and energy by any
318+means and includes:
292319 (1) any facility necessary or incidental to
293320 the acquisition of fuel of any kind for the production of
294321 electric power and energy, including the acquisition of fuel
295322 deposits, the extraction of fuel from natural deposits, the
296-conversion of fuel for use in another form, the burning of
297-fuel in place and the transportation and storage of such
298-fuel; and
299-(2) any facility necessary or incidental
300-to the transfer of the electric power and energy to the
301-municipality, including without limitation step-down
302-substations or other facilities used to reduce the voltage in
303-a transmission line in order that electric power and energy
304-may be distributed by the municipality to its retail
305-customers;
306-Q. "jointly owned generating facility" means any SB 7
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323+conversion of fuel for use in another form, the burning of fuel
324+in place and the transportation and storage of such fuel; and
325+(2) any facility necessary or incidental to
326+the transfer of the electric power and energy to the
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333-generating facility in which a municipality owns any
334-undivided or other interest, including without limitation any
335-right to entitlement or capacity; and
355+municipality, including without limitation step-down
356+substations or other facilities used to reduce the voltage in a
357+transmission line in order that electric power and energy may
358+be distributed by the municipality to its retail customers;
359+Q. "jointly owned generating facility" means any
360+generating facility in which a municipality owns any undivided
361+or other interest, including without limitation any right to
362+entitlement or capacity; and
336363 R. "joint participant" means any municipality in
337364 New Mexico or any other state; any public entity incorporated
338365 under the laws of any other state having the power to enter
339366 into the type of transaction contemplated by the Municipal
340367 Electric Generation Act; the state of New Mexico; the United
341368 States; Indian tribes; and any public electric utility,
342-investor-owned electric utility or electric cooperative
343-subject to general or limited regulation by the public
344-regulation commission or a similar commission of any other
345-state."
369+investor-owned electric utility or electric cooperative subject
370+to general or limited regulation by the public regulation
371+commission or a similar commission of any other state."
346372 SECTION 3. Section 3-23-1 NMSA 1978 (being Laws 1965,
347373 Chapter 300, Section 14-22-1, as amended) is amended to read:
348374 "3-23-1. MUNICIPAL UTILITY--SERVICE CHARGES--DEPOSITS--
349375 DISCONTINUANCE OF WATER SERVICE FOR NONPAYMENT OF CHARGES--
350376 SUPPLEMENTAL METHOD.--
351377 A. A municipality, including an entity established
352-pursuant to Section 72-1-10 NMSA 1978, may require a
353-reasonable payment in advance or a reasonable deposit for
354-water, electricity, gas, sewer service, geothermal energy,
355-refuse collection service, street maintenance or storm water
356-service.
357-B. If payment of any price, rent, fee or other SB 7
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378+pursuant to Section 72-1-10 NMSA 1978, may require a reasonable
379+payment in advance or a reasonable deposit for water,
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408+electricity, gas, sewer service, geothermal energy, refuse
409+collection service, [or ] street maintenance or storm water
410+service.
411+B. If payment of any price, rent, fee or other
384412 charge for water, sewer service, refuse collection or street
385413 maintenance is not made within thirty days from the date the
386-payment is due, the water service may be discontinued and
387-shall not be again supplied to the person liable for the
388-payment until the arrears with interest and penalties have
389-been fully paid.
414+payment is due, the water service may be discontinued and shall
415+not be again supplied to the person liable for the payment
416+until the arrears with interest and penalties have been fully
417+paid.
390418 C. The provisions of this section are intended to
391-afford an additional method of enforcing payment of charges
392-for water, sewer service, refuse collection, street
419+afford an additional method of enforcing payment of charges for
420+water, sewer service, refuse collection, [or ] street
393421 maintenance or storm water service furnished by the
394422 municipality."
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