44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO ENVIRONMENTAL IMPROVEMENT; AUTHORIZING THE IMPOSITION OF A WASTEWATER IMPACT FEE ON CERTAIN MUNICIPAL WASTEWATER TREATMENT FACILITIES; EARMARKING WASTEWATER IMPACT FEES FOR CERTAIN ENVIRONMENTAL IMPROVEMENT PURPOSES IN UNINCORPORATED AREAS.

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

Section 1. WASTEWATER IMPACT FEE--PURPOSE--ADMINISTRATION.--

A. Notwithstanding the provisions of Section 4-37-2 NMSA 1978, a majority of the members of the board of county commissioners of a county may adopt an ordinance imposing a wastewater impact fee on sewage or other wastes treated at a municipal wastewater treatment facility serving residents in the unincorporated area of the county, if the board finds that there are significant environmental improvement needs related to water quality and extension of the municipal water and wastewater system in the county.

B. A fee imposed pursuant to this section shall not exceed twenty-five cents ($.25) per thousand gallons of sewage or other wastes treated at the municipal wastewater treatment facility. The fee shall take effect no earlier than the first day of the month three months after the date the governing body of the municipality receives notice of the imposition of the fee. The municipality shall collect the fee and transmit the revenues quarterly to the treasurer of the county imposing the fee.

C. A board of county commissioners imposing a wastewater impact fee pursuant to Subsection A of this section is subject to the following notice requirements:

(1) the board shall notify the affected municipality of a proposal to impose a wastewater impact fee no later than one month prior to proposed adoption of an ordinance imposing the fee and shall allow the governing body of the municipality to provide information and offer testimony to the board on the matter; and

(2) the board shall notify the affected municipality of the imposition or repeal of the wastewater impact fee no later than five working days after the date the ordinance imposing or repealing the fee is adopted.

D. Revenues from the wastewater impact fee shall be deposited in a special county fund to be called the "county environmental protection fund" and shall be used solely for the purposes authorized in this subsection. Earnings on the fund and balances in the fund at the end of any fiscal year shall not revert to the county general fund but shall accrue to the credit of the fund. Money in the fund shall be used by the county for necessary water quality improvements and water and sewer capital outlay needs in the unincorporated area of the county, including extension of water and sewer lines into the unincorporated area of the county.

E. A county imposing the wastewater impact fee shall develop a five-year plan for expenditure of fee revenues. In developing the plan and budgeting annual expenditures, the board of county commissioners shall consult with the municipality operating the wastewater treatment facility.

F. The county imposing the wastewater impact fee and the municipality operating the municipal wastewater treatment facility may enter into an agreement pursuant to the Joint Powers Agreements Act as necessary to carry out the provisions of this section.

G. Any increase or decrease in a wastewater impact fee shall be imposed in the same manner and subject to the same requirements as the initial fee imposed pursuant to this section.

H. A board of county commissioners imposing the wastewater impact fee shall repeal the fee upon a finding that fee revenues are no longer needed to fund significant environmental improvements in the unincorporated area of the county and that all outstanding obligations due to be paid from fee revenues have been satisfied. The board shall notify the municipality of the repeal no later than five days after adoption of the ordinance repealing the fee.