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Bill > HB302


NM HB302

Development Fees Act Changes


summary

Introduced
02/05/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO LOCAL GOVERNMENTS; AMENDING SECTIONS OF THE DEVELOPMENT FEES ACT; PROVIDING THAT IMPACT FEE CREDITS ARE NOT REDUCED BY PROPORTIONAL SHARE CONCEPTS; PROVIDING THAT MUNICIPALITIES AND COUNTIES CANNOT REQUIRE THE WAIVER OF ANY PROVISIONS OF THE DEVELOPMENT FEES ACT.

AI Summary

This bill modifies the Development Fees Act to provide more favorable terms for land developers when calculating impact fees in New Mexico. Specifically, the bill prevents municipalities and counties from requiring developers to waive any provisions of the Development Fees Act and changes how impact fee credits are calculated. The bill ensures that developers receive full credit for land dedications, rights of way, facility improvements, and other contributions, without reducing the credit value by proportional share calculations. Under the new provisions, developers will receive 100% of the value of land dedications, infrastructure improvements, and capital improvements as credits against impact fees, and if the credits exceed the required impact fees, the excess can be carried forward as credits for future developments. Municipalities and counties are prohibited from imposing additional restrictions on these credits beyond what is specifically authorized in the Development Fees Act, and any existing agreements with such restrictions will be considered void. The changes will take effect on July 1, 2025, providing clarity and potentially more financial flexibility for developers when undertaking new projects.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

House Rural Development, Land Grants and Cultural Affairs Committee (09:00:00 2/18/2025 Room 305) (on 02/18/2025)

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