SENATE MEMORIAL 16

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Cisco McSorley

A MEMORIAL

REQUESTING THE MID-REGION COUNCIL OF GOVERNMENTS 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 BOARD COMPOSITION OF THE AUTHORITY.

     WHEREAS, the Albuquerque-Bernalillo county water utility authority is created in statute; and

      WHEREAS, the membership of the board 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 Bernalillo county board of county commissioners; and

     WHEREAS, a city councilor member may designate another city councilor to serve in the member's absence, a county commissioner member may designate another county commissioner to serve in the member's absence and the mayor may designate the chief executive officer of the municipality, a city councilor or a county commissioner 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 sets drought restrictions and other water regulations and ordinances; 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, these duties are complex and time-consuming and may exceed the qualifications and abilities of and the time available to city councilors and county commissioners and may limit their effectiveness in accomplishing the other duties and responsibilities that are required of them; and

     WHEREAS, city councilors serve one-year terms at the city council president's discretion and county commissioners serve one-year terms at the county commission chair's discretion. The net effect may be a lack of consistency of board members; and

     WHEREAS, the result has been a board 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, has identified an existing gap between regional water supply and demand, and that gap is anticipated to grow without focused and intensive action to stop it; and

     WHEREAS, concerns have been raised as to the testing and treating of drinking water; and

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

     WHEREAS, due to the importance of conserving and preserving the state's precious water supplies, and with sufficient time having passed to enable a productive review of the Albuquerque-Bernalillo county water utility authority, a review would be in order; and

     WHEREAS, the mid-region council of governments is a multicounty governmental agency that works to identify and implement regional long-term policy to ensure healthy communities in New Mexico; and

     WHEREAS, among the efforts in which the mid-region council of governments is involved is water planning to address the fundamental concern of cities and counties about how to meet current and future water needs in the region; and

     WHEREAS, the mid-region council of governments was created to conduct and coordinate regional planning and to provide advice and recommendations to member governments to assist local governments to make informed decisions;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the mid-region council of governments 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 board composition 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 and the county; and

     BE IT FURTHER RESOLVED that the task force study the structure of the board and an electoral process for the board and recommend any necessary changes in the process to the board; and

     BE IT FURTHER RESOLVED that the task force be composed of the following six members:

          A. one county commission member of the board of directors;

          B. one city councilor member of the board of directors;

          C. the executive director of the Albuquerque-Bernalillo county water utility authority or the executive director's designee;

          D. the chair or vice chair of the water resources board of the mid-region council of governments;

          E. a representative from the league of women voters of New Mexico; and

          F. a representative from the board of the middle Rio Grande water assembly; 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 within the district 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 2012; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the mid-region council of governments and the Albuquerque-Bernalillo county water utility authority.

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