SB 091: WATER CATCHMENT SYSTEM FINANCING DISTRICT ACT

An Act Relating To Local Government; Enacting The Water Catchment System Financing District Act; Authorizing Municipalities And Counties To Create Water Catchment Financing Districts; Authorizing The Imposition Of Special Assessments On Real Property; Authorizing Issuance Of Special Assessment Bonds.

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MOD SB 091
WATER CATCHMENT SYSTEM FINANCING DISTRICT ACT

Legislative URL:

SB 091 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

SCC

Action:

SPREF [2] SCC/SCONC/SJC/SFC-SCC

Issue(s):

Water Quality & Supply

Related Legislators

Bill Sponsor:

Peter Wirth

Related Documents

Downloads:

Introduced

Summary

The bill enacts the Water Catchment System Financing District Act by which municipalities and counties can form such districts for the purpose of “encouraging, accommodating and financing water catchment improvements” on property in the municipality or county. The districts will be governed by a board of directors and shall be political subdivisions of the State.

The bill defines a “water catchment improvement” as a “system that is designed and constructed to capture water runoff from the roof of a building and to store the water for use on the property in lieu of water supplied by a water company or other source to maintain landscaping, trees or gardens or for other outdoor use on the property.”

The property owner must consent to the property being included in the district and to the

imposition of a special assessment on the property for the purpose of financing water catchment systems.

The bill sets forth the process for creating a district that begins with the municipality or county adopting a resolution regarding the district and then holding a hearing at which written and oral testimony and evidence is presented. The governing body of the municipality or county will make a decision on the formation of the district based on the “interests, convenience or necessity of the owners in the proposed district and the citizens of the municipality or county.” If the body favors formation of the district, it will adopt an ordinance.

Once the ordinance is adopted, property may be included in the district by written agreement between the owner and the district board. The district’s board may impose a special assessment on property within the district to “facilitate” the financing of water catchment improvements to the property. The special assessment will also serve as a lien on the property.

The bill also sets forth provisions regarding the appointment of, qualifications for and election of directors and its powers and duties. Property may be added to or removed from the district pursuant to provisions in the Act. The district board may dissolved the district by resolution if the district has no outstanding bond obligations.

One benefit of this measure might be that it will help more people install water catchment systems and through the use of systems require less from the local water system. A question might be whether the Act is designed to benefit residential or commercial water users, or both, and whether the average person is likely to be able to take advantage of the program or only those with greater resources.

Date of Summary:  1/20/2014

Outcome:

SB 091 died in the Senate Committees Committee.

Updated 7/31/14