SENATE BILL 367

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

INTRODUCED BY

Eric G. Griego

AN ACT

RELATING TO DEVELOPMENT FEES; REMOVING SCHOOLS FROM THE LIST OF ITEMS NOT PAYABLE BY IMPACT FEE.

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

     Section 1. Section 5-8-5 NMSA 1978 (being Laws 1993, Chapter 122, Section 5) is amended to read:

     "5-8-5. ITEMS NOT PAYABLE BY FEE.--Impact fees shall not be imposed or used to pay for:

          A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;

          B. repair, operation or maintenance of existing or new capital improvements or facility expansions;

          C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;

          D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;

          E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section [4 of the Development Fees Act] 5-8-4 NMSA 1978;

          F. principal payments or debt service charges on bonds or other indebtedness except as allowed by Section [4 of the Development Fees Act] 5-8-4 NMSA 1978; or

          G. libraries, community centers, [schools] projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind except capital improvements defined in Paragraph (3) of Subsection [C] D of Section [2 of the Development Fees Act] 5-8-2 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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