SB 7 — STORM WATER SERVICE AS MUNICIPAL UTILITY

SENATEAN BILLACT 7RELATING 57THTO LEGISLATUREMUNICIPALITIES; -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY William E.

Sharer 6 8 10 AN ACT RELATING TO MUNICIPALITIES;

e8 t 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

w l n d 18 SECTION 1.

A new section of the Municipal Code is enacted = = 19 a l to read:

i"STORM a e r 20 "[NEW MATERIAL] STORM WATER MUNICIPAL UTILITY--AUTHORITY a t m m 21 TO ACQUIRE FACILITIES AND PROVIDE SERVICE--FEE.-- d r e 22 A.

A municipality may, by ordinance, acquire, c e s k 23 operate and maintain a municipal utility to provide for storm e a n b 24 water service for the collection, treatment, storage or u [ disposal of storm water.

.229215.1 B.

"acquire" or "acquisition" means purchase, construct, accept or any combination of purchasing, SB 7 Page 1 constructing or accepting;

"census" means any enumeration of population of a municipality conducted under the direction of the government e t 17 of the United States, the state of New Mexico or the w l n d 18 municipality;

= = 19 a l D.

"county" means the county in which the i a e r 20 municipality or land is situated;

a t m m 21 E.

"district court" means the district court of the d r e 22 district in which the municipality or land is situated;

c e s k 23 F.

"governing body" means the city council or city e a n b 24 commission of a city, the board of trustees of a town or u [ village, the council of incorporated counties and the board of .229215.1 - 2 - county commissioners of H class counties;

"municipal utility" means sewer facilities, water facilities, gas facilities, electric facilities, storm water facilities, generating facilities or any interest in jointly owned generating facilities owned by a municipality SB 7 Page 2 and serving the public.

Generating facilities shall be considered as part of a municipality's electric facilities unless the municipality designates, by ordinance, the generating facilities as a e t 17 separate municipal utility, such designation being conclusive w l n d 18 subject to any existing property rights or contract rights;

= = 19 a l I.

"public ground" means any real property owned or i a e r 20 leased by a municipality;

a t m m 21 J.

"publish" or "publication" means printing in a d r e 22 newspaper that maintains an office in the municipality and is c e s k 23 of general circulation within the municipality or, if such e a n b 24 newspaper is a nondaily paper that will not be circulated to u [ the public in time to meet publication requirements or if there .229215.1 - 3 - is no newspaper that maintains an office in the municipality and is of general circulation within the municipality, then "publish" or "publication" means posting in six public places within the municipality on the first day that publication is required in a newspaper that maintains an office in the municipality and is of general circulation within the municipality.

One of the public places where posting shall be made is the office of the municipal clerk, SB 7 Page 3 who shall maintain the posting during the length of time necessary to comply with the provisions relating to the number of times publication is required in a newspaper of general circulation within the municipality.

"qualified elector" means any person who is a resident of the municipality and is registered to vote under e t 17 the provisions of the Election Code.

Persons who would w l n d 18 otherwise be qualified electors if land on which they reside is = = 19 a l annexed to a municipality shall be deemed to be qualified i a e r 20 electors:

a t m m 21 (1) upon the effective date of the municipal d r e 22 ordinance effectuating the terms of the annexation as certified c e s k 23 by the board of arbitration pursuant to Section 3-7-10 NMSA e a n b 24 1978;

u [ (2) upon thirty days after the filing of an .229215.1 - 4 - order of annexation by the municipal boundary commission pursuant to Sections 3-7-15 and 3-7-16 NMSA 1978 if no appeal is filed or, if an appeal is filed, upon the filing of a nonappealable court order effectuating the annexation;

SB 7 Page 4 L.

"revenue producing project" means any municipally owned self-liquidating projects that furnish public services to a municipality and its [citizens] residents, including but not necessarily limited to public buildings;

and transportation e t 17 centers, which may include but are not limited to office w l n d 18 facilities and customary terminal facilities for airlines, = = 19 a l trains, monorails, subways, intercity and intracity buses and i a e r 20 taxicabs.

"Revenue producing project" does not mean a a t m m 21 municipal utility as defined in Subsection H of this section;

d r e 22 M.

"street" means any thoroughfare that can c e s k 23 accommodate pedestrian or vehicular traffic, is open to the e a n b 24 public and is under the control of the municipality;

u [ N.

"warrant" means a warrant, check or other .229215.1 - 5 - negotiable instrument issued by a municipality in payment for goods or services acquired by the municipality or for the payment of a debt incurred by the municipality;

In municipalities having other forms of government, the presiding officer of the governing body and the official SB 7 Page 5 head of the government, without executive powers, may be designated mayor by the governing body.

"generating facility" means any facility located within or outside the state necessary or incidental to the generation or production of electric power and energy by any e t 17 means and includes:

w l n d 18 (1) any facility necessary or incidental to = = 19 a l the acquisition of fuel of any kind for the production of i a e r 20 electric power and energy, including the acquisition of fuel a t m m 21 deposits, the extraction of fuel from natural deposits, the d r e 22 conversion of fuel for use in another form, the burning of fuel c e s k 23 in place and the transportation and storage of such fuel;

and e a n b 24 (2) any facility necessary or incidental to u [ the transfer of the electric power and energy to the .229215.1 - 6 - municipality, including without limitation step-down substations or other facilities used to reduce the voltage in a transmission line in order that electric power and energy may be distributed by the municipality to its retail customers;

"jointly owned generating facility" means any SB 7 Page 6 generating facility in which a municipality owns any undivided or other interest, including without limitation any right to entitlement or capacity;