SENATE MEMORIAL 28

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Cisco McSorley

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO CONVENE A TASK FORCE TO STUDY THE EFFECTIVENESS OF THE ALBUQUERQUE-BERNALILLO COUNTY WATER UTILITY AUTHORITY TO ACCOMPLISH ITS REQUIRED DUTIES AND RESPONSIBILITIES AND THE RESPONSIBILITY OF GOVERNANCE BY THE BOARD OF THE AUTHORITY.

     WHEREAS, the Albuquerque-Bernalillo county water utility authority was created in 2003 pursuant to Section 72-1-10 NMSA 1978; and

     WHEREAS, the membership of the board of directors of the authority is composed of the mayor of Albuquerque, three city councilors appointed by the Albuquerque city council and three county commissioners appointed by the board of county commissioners of Bernalillo county; and

     WHEREAS, the membership of the board of directors may change on an annual basis at the pleasure of the president of the Albuquerque city council and the chair of the Bernalillo county commission; and

     WHEREAS, a member of the Albuquerque city council may designate another member of the city council to serve in the member's absence, a member of the Bernalillo county commission may designate another member to serve in the member's absence and the mayor of Albuquerque may designate the chief executive officer of Albuquerque, a member of the Albuquerque city council or a member of the Bernalillo county commission to serve in the mayor's absence; and

     WHEREAS, the authority makes policy decisions about water and sewer usage, sets water and sewer rates and establishes drought restrictions and other water regulations and ordinances; and

     WHEREAS, it is unclear whether the regulations and ordinances have the authority of law given that local elected governing councils have sole authority over land use and private property matters; and

     WHEREAS, the authority may acquire, maintain, contract for, condemn or protect water and wastewater facilities; and

     WHEREAS, the authority is empowered to approve major water utility projects and to issue bonds to finance those projects; and

     WHEREAS, the duties of the authority are complex and time consuming and may exceed the abilities of and the time available to members of the Albuquerque city council and the Bernalillo county commission and may limit the members' effectiveness in accomplishing the other duties and responsibilities that are required of them; and

     WHEREAS, because members of the Albuquerque city council serve one-year terms as members of the authority's board of directors at the city council president's discretion and members of the Bernalillo county commission serve one-year terms as members of the authority's board of directors at the county commission chair's discretion, there may be a lack of consistency of board members; and

     WHEREAS, the result has been a board of directors that is not focused solely on the activities of the authority, which is a political subdivision of the state; and

     WHEREAS, the regional water plan for the middle Rio Grande, developed by members of the mid-region council of governments and the middle Rio Grande water assembly, identified an existing gap between regional water supply and demand that is expected to grow without focused and intensive action to stop the gap; and

     WHEREAS, concerns have been raised as to the testing and treating of drinking water, as well as to the handling of the jet fuel spill originating at Kirtland air force base; and

     WHEREAS, meeting the water needs of the city of Albuquerque and Bernalillo county is critically important to the future well-being of all residents of the city and the county;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico Legislative Council be requested to convene a task force to study the ability of the Albuquerque-Bernalillo county water utility authority to accomplish its required duties and responsibilities and to identify alternative approaches to the composition of the board of directors of the authority; and

     BE IT FURTHER RESOLVED that the task force collect data, foster dialogue and identify and recommend strategies that will strengthen the ability of the Albuquerque-Bernalillo county water utility authority to meet the current and future water utility needs of the city of Albuquerque, Bernalillo county and associated local governments; and

     BE IT FURTHER RESOLVED that the task force study the structure of the authority's board of directors and recommend any necessary changes in the appointment or election process for members of the board; and

     BE IT FURTHER RESOLVED that the task force be composed of the following: a Bernalillo county Republican member of the house of representatives chosen by that party's floor leader, a Bernalillo county Democratic member of the house of representatives chosen by that party's floor leader, a Bernalillo county Republican member of the senate chosen by that party's floor leader, a Bernalillo county Democratic member of the senate chosen by that party's floor leader, a Bernalillo county commission member of the authority's board of directors, an Albuquerque city council member of the authority's board of directors, the chair or vice chair of the water resources board of the mid-region council of governments and representatives of the following entities:

          A. one from the league of women voters;

          B. one from an environmental organization;

          C. one from the southwest organizing project;

          D. one from the New Mexico chapter of NAIOP;

          E. one from the board of directors of the middle Rio Grande water assembly;

          F. one from the Ciudad soil and water conservation district;

          G. one from the Bernalillo county farm bureau;

          H. one from the Albuquerque metropolitan arroyo flood control authority;

          I. one from the south valley regional association of acequias;

          J. one from the middle Rio Grande conservancy district;

          K. one from the home builders association of central New Mexico;

          L. one from the MS4 stormwater group;

          M. one from the protect our aquifer coalition;

          N. one from the middle Rio Grande Endangered Species Act collaborative program;

          O. one from the water resources program at the university of New Mexico;

          P. two representing the south valley coalition of neighborhood associations, the west side coalition of neighborhood associations, the southwest alliance of neighbors and the north valley coalition;

          Q. two representing the east gateway coalition of neighborhood associations, the coalition of neighborhood associations, district 4, the coalition of neighborhood associations, district 6, the coalition of neighborhood associations, district 7 and the coalition of neighborhood associations, district 8; and

          R. the executive director of the Albuquerque- Bernalillo county water utility authority, who shall serve on the task force ex officio; and

     BE IT FURTHER RESOLVED that the task force elect one of its members as chair and meet at the call of the chair, but no fewer than three times; and

     BE IT FURTHER RESOLVED that the task force advertise its meetings in a newspaper of general circulation and that its meetings be open to the public; and

     BE IT FURTHER RESOLVED that meetings be held at times and places that shall encourage public participation; and

     BE IT FURTHER RESOLVED that the task force report its findings and recommendations to the appropriate interim legislative committee by November 1, 2014; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the Albuquerque city council, the mayor of Albuquerque, the board of county commissioners of Bernalillo county and the Albuquerque-Bernalillo county water utility authority.

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