0001| HOUSE BILL 646 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| RON GENTRY | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO DEVELOPMENT FEES; ADDING MUNICIPAL UTILITIES AND | 0013| SOLID WASTE FACILITIES TO THE LIST OF ELIGIBLE CAPITAL | 0014| IMPROVEMENTS PURSUANT TO THE DEVELOPMENT FEES ACT. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 5-8-2 NMSA 1978 (being Laws 1993, | 0018| Chapter 122, Section 2) is amended to read: | 0019| "5-8-2. DEFINITIONS.--As used in the Development Fees Act: | 0020| A. "affordable housing" means any housing | 0021| development built to benefit those whose income is at or below | 0022| eighty percent of the area median income and who will pay no | 0023| more than thirty percent of their gross monthly income towards | 0024| such housing; | 0025| B. "approved land use assumptions" means land use | 0001| assumptions adopted originally or as amended under the | 0002| Development Fees Act; | 0003| C. "assessment" means a determination of the amount | 0004| of an impact fee; | 0005| D. "capital improvement" means any of the following | 0006| facilities that have a life expectancy of ten or more years and | 0007| are owned and operated by or on behalf of a municipality or | 0008| county: | 0009| (1) water supply, treatment and distribution | 0010| facilities; wastewater collection and treatment facilities; and | 0011| storm water, drainage and flood control facilities; | 0012| (2) roadway facilities located within the | 0013| service area, including roads, bridges, bike and pedestrian | 0014| trails, bus bays, rights of way, traffic signals, landscaping | 0015| and any local components of state and federal highways; | 0016| (3) buildings for fire, police and rescue and | 0017| essential equipment costing ten thousand dollars ($10,000) or | 0018| more and having a life expectancy of ten years or more; ~~[and]~~ | 0019| (4) parks, recreational areas, open space | 0020| trails and related areas and facilities; | 0021| (5) municipal utilities and related | 0022| facilities; and | 0023| (6) solid waste facilities and systems; | 0024| E. "capital improvements plan" means a plan required | 0025| by the Development Fees Act that identifies capital improvements | 0001| or facility expansion for which impact fees may be assessed; | 0002| F. "county" means a county of any classification; | 0003| G. "facility expansion" means the expansion of the | 0004| capacity of an existing facility that serves the same function | 0005| as an otherwise necessary new capital improvement, in order that | 0006| the existing facility may serve new development. ~~[The term]~~ | 0007| "Facility expansion" does not include the repair, maintenance, | 0008| modernization or expansion of an existing facility to better | 0009| serve existing development, including schools and related | 0010| facilities; | 0011| H. "hook-up fee" means a reasonable fee for | 0012| connection of a service line to an existing gas, water, sewer or | 0013| municipal or county utility; | 0014| I. "impact fee" means a charge or assessment imposed | 0015| by a municipality or county on new development in order to | 0016| generate revenue for funding or recouping the costs of capital | 0017| improvements or facility expansions necessitated by and | 0018| attributable to the new development. ~~[The term]~~ "Impact fee" | 0019| includes amortized charges, lump-sum charges, capital recovery | 0020| fees, contributions in aid of construction, development fees and | 0021| any other fee that functions as described by this definition. | 0022| ~~[The term]~~ "Impact fee" does not include hook-up fees, | 0023| dedication of rights of way or easements or construction or | 0024| dedication of on-site water distribution, wastewater collection | 0025| or drainage facilities or streets, sidewalks or curbs if the | 0001| dedication or construction is required by a previously adopted | 0002| valid ordinance or regulation and is necessitated by and | 0003| attributable to the new development; | 0004| J. "land use assumptions" includes a description of | 0005| the service area and projections of changes in land uses, | 0006| densities, intensities and population in the service area over | 0007| at least a five-year period; | 0008| K. "municipality" means any incorporated city, town | 0009| or village, whether incorporated under general act, special act | 0010| or special charter, and H class counties, including any home | 0011| rule municipality or H class county chartered under the | 0012| provisions of Article 10, Section 6 of the constitution of New | 0013| Mexico; | 0014| L. "new development" means the subdivision of land; | 0015| reconstruction, redevelopment, conversion, structural | 0016| alteration, relocation or enlargement of any structure; or any | 0017| use or extension of the use of land; any of which increases the | 0018| number of service units; | 0019| M. "qualified professional" means a professional | 0020| engineer, surveyor, financial analyst or planner providing | 0021| services within the scope of his license, education or | 0022| experience; | 0023| N. "roadway facilities" means arterial or collector | 0024| streets or roads that have been designated on an officially | 0025| adopted roadway plan of the municipality or county, including | 0001| bridges, bike and pedestrian trails, bus bays, rights of way, | 0002| traffic signals, landscaping and any local components of state | 0003| or federal highways; | 0004| O. "service area" means the area within the | 0005| corporate boundaries or extraterritorial jurisdiction of a | 0006| municipality or the boundaries of a county to be served by the | 0007| capital improvements or facility expansions specified in the | 0008| capital improvements plan designated on the basis of sound | 0009| planning and engineering standards; and | 0010| P. "service unit" means a standardized measure of | 0011| consumption, use, generation or discharge attributable to an | 0012| individual unit of development calculated in accordance with | 0013| generally accepted engineering or planning standards for a | 0014| particular category of capital improvements or facility | 0015| expansions." | 0016| | 0017| | 0018| State of New Mexico | 0019| House of Representatives | 0020| | 0021| FORTY-SECOND LEGISLATURE | 0022| SECOND SESSION, 1996 | 0023| | 0024| February 1, l996 | 0025| | 0001| | 0002| Mr. Speaker: | 0003| | 0004| Your RULES AND ORDER OF BUSINESS COMMITTEE, to | 0005| whom has been referred | 0006| | 0007| HOUSE BILL 646 | 0008| | 0009| has had it under consideration and finds same to be | 0010| GERMANE in accordance with constitutional provisions. | 0011| | 0012| Respectfully submitted, | 0013| | 0014| | 0015| | 0016| | 0017| Barbara A. Perea Casey, | 0018| Chairperson | 0019| | 0020| | 0021| Adopted Not Adopted | 0022| | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date | 0001| | 0002| The roll call vote was 10 For 0 Against | 0003| Yes: 10 | 0004| Excused: Lujan, Olguin, Rodella, R. G. Sanchez, S. M. Williams | 0005| Absent: None | 0006| | 0007| H0646RC1 |