HOUSE BILL 360

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Ben Lujan

FOR THE CAPITOL BUILDINGS PLANNING COMMISSION

AN ACT

RELATING TO LOCAL GOVERNMENTS; CLARIFYING THE APPLICATION OF THE HISTORIC DISTRICT AND LANDMARK ACT TO STATE CAPITAL OUTLAY PROJECTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Historic District and Landmark Act is enacted to read:

     "[NEW MATERIAL] APPLICABILITY TO STATE CAPITAL OUTLAY PROJECTS--LIMITATION.--

          A. Ordinances enacted by a municipality or county pursuant to the Historic District and Landmark Act shall apply to a state capital outlay project only if they contain special provisions applicable to state buildings and as provided in this section.

          B. The applicable state agency shall carry out a capital outlay project in a manner that is generally compatible with the municipal or county ordinances, within reasonable budgetary constraints.

          C. Before commencing the design phase of a capital outlay project, the applicable state agency shall consult with the municipality or county as to the design standards in the ordinances and how those design standards would impact costs and the operation or manner in which the capital outlay project will ultimately be expected to function. The state agency shall work collaboratively with the county or municipality to arrive at compatibility with the design standards, within reasonable costs and preserving essential functionality. If the municipality or county has identifiable community groups involved in historic preservation, the agency shall make every reasonable effort to obtain input from members of those identified groups before commencing the design phase.

          D. After the design phase and before soliciting a bid or a proposal for design-build or lease-purchase for a capital outlay project, the applicable state agency shall transmit its plans for review and comment to the municipality or county and shall also conduct a public meeting to receive public input. Notice of the public meeting shall be given to any identifiable community groups involved in historic preservation in the municipality or county.

          E. Within sixty days after the public meeting, the municipality or county and any interested party shall communicate its recommendations and comments in writing to the state agency and the state agency shall consult with the municipality or county and interested parties to resolve any issues raised. The state agency shall not take any irrevocable action on the project in reliance on the plans until the comment and consultation period has expired."

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