HOUSE BILL 1004
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
W. Ken Martinez
AN ACT
RELATING TO REGIONAL PLANNING; PROVIDING FOR DIRECT DISBURSEMENT BY THE COUNTY TREASURER TO A REGIONAL PLANNING COMMISSION; EXPANDING THE REGIONAL PLANNING COMMISSION POWERS AND DUTIES; AMENDING THE REGIONAL PLANNING ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 3-56-3 NMSA 1978 (being Laws 1967, Chapter 239, Section 3, as amended) is amended to read:
"3-56-3. MEMBERSHIP AND ORGANIZATION.--
A. Membership of the regional planning commission shall consist of representatives from each participating government, in number and for terms specified in the agreement. Representatives are not required to be members of the local governing body or district they represent but may be selected from among residents of the area within its jurisdiction. A representative of the state government may be designated by the governor to attend meetings of the commission.
B. Members of the commission shall serve without compensation, but shall be reimbursed for expenses incurred in pursuit of their duties on the commission pursuant to the Per Diem and Mileage Act. The commission shall elect its own [chairman] chair from among its members, and shall establish its own rules and the committees it deems necessary to carry on its work. Committees may have as members persons other than members of the commission and other than elected officials. The commission shall meet as often as necessary but no less than four times a year.
C. The commission shall adopt an annual budget to be submitted to the participating governments which shall each contribute to the financing of the commission according to a formula specified in the agreement. Subject to approval of the secretary of [the department of] finance and administration, a regional planning commission may apply for, receive and utilize grants or other aid from the federal government or any of its agencies or from any other source.
D. The commission may adopt a resolution directing the county treasurer of each county within the regional planning area of the commission to disburse directly the amount of the participating government's contribution, as provided for in Subsection C of this section, to the regional planning commission for that regional planning area upon:
(1) approval of the contribution amount by the governing body of the participating government;
(2) certification by the director of the commission of the amount of the participating government's contribution; and
(3) final approval of the participating government's budget by the local government division of the department of finance and administration."
Section 2. Section 3-56-5 NMSA 1978 (being Laws 1967, Chapter 239, Section 5) is amended to read:
"3-56-5. POWERS AND DUTIES.--
A. The regional planning commission shall:
[A.] (1) prepare and from time to time revise, amend, extend or add to [a plan or] plans for the development of the region. The plans shall be based on studies of physical, social, economic and governmental conditions and trends and shall aim at the coordinated development of the region in order to promote the general health, welfare, convenience and prosperity of its people. The plans shall embody the policy recommendations of the commission and shall include but not be limited to:
[(1)] (a) a statement of the objectives, standards and principles sought to be expressed in the plan;
[(2)] (b) recommendations for the most desirable pattern and intensity of general land use within the region in the light of the best available information concerning natural environmental factors, the present and prospective economic and demographic bases of the region and the relation of land use within the region to land use in adjoining regions;
[(3)] (c) recommendations for the general circulation pattern for the region, including land, water and air transportation and communication facilities whether used for movement within the region or to and from adjoining areas;
[(4)] (d) recommendations concerning the need and proposed general location of public and private works and facilities which by reason of their function, size, extent or for any other cause are of a regional, as distinguished from purely local, concern;
[(5)] (e) recommendations for the long-range programming and financing of capital projects and facilities; and
[(6)] (f) other appropriate recommendations concerning current and impending problems which may affect the region;
[B.] (2) prepare studies of the region's resources, both natural and human, with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public service, local governments and any other matters relevant to regional planning;
[C.] (3) collect, process and analyze at regular intervals social and economic statistics for the region necessary to planning studies and make the results available to the public;
[D.] (4) participate with other government agencies, educational institutions and private organizations in the coordination of regional research activities [under Subsections B and C of this section] pursuant to Paragraphs (2) and (3) of this subsection;
[E.] (5) cooperate with and provide planning assistance to county, municipal or other local governments, instrumentalities or planning agencies within the region and coordinate regional planning with the planning activities of the state and of the counties, municipalities, special districts or other government units within the regions as well as neighboring regions and the programs of federal departments and agencies;
[F.] (6) provide information to officials of departments, agencies and instrumentalities of federal, state and local governments and to the public at large in order to foster public awareness and understanding of the objectives of the regional plan and the functions of regional and local planning and to stimulate public interest and participation in the orderly, integrated development of the region;
[G.] (7) receive and review for compatibility with regional plans all proposed comprehensive land use, circulation and public facilities plans and projects, zoning and subdivision regulations, official maps and building codes of local governments in the geographic area and any amendments or revisions thereof and make recommendations for their modification where necessary to achieve compatibility;
[H.] (8) review participating local government applications for capital project financial assistance from state and federal governments and comment upon their consistency with the regional development plan and review and comment upon state plans for highways and public works within the area to promote coordination of all intergovernmental activities in the region on a continuing basis;
[I.] (9) exercise all other powers necessary and proper for the discharge of its duties; and
[J.] (10) when deemed desirable, exercise its powers jointly or in cooperation with agencies or political subdivisions of this state or any other state, with agencies of the United States or with Indian reservations, tribes or pueblos, subject to statutory provisions applicable to interjurisdictional agreements.
B. The regional planning commission may:
(1) enter into contracts or cooperate and participate with state, federal or local governments or their agencies, departments, instrumentalities, boards and commissions or federally recognized Indian nations, tribes or pueblos to provide or perform services or to operate, manage, supervise and implement programs, projects or activities;
(2) accept grants and contributions from state, federal and local governments or federally recognized Indian nations, tribes or pueblos; and
(3) acquire, purchase or lease real and personal property."
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