SENATE JOINT MEMORIAL 67

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Mark Boitano

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO ESTABLISH A TASK FORCE TO OVERSEE THE PLANS AND PROPOSALS OF THE STATE TRANSPORTATION COMMISSION, THE DEPARTMENT OF TRANSPORTATION AND THE MID-REGION COUNCIL OF GOVERNMENTS TO BUILD AND OPERATE A COMMUTER RAIL LINE BETWEEN BELEN AND SANTA FE OR POINTS FURTHER NORTH.

     WHEREAS, the governor, the department of transportation and the mid-region council of governments have announced and begun plans and efforts to create a commuter rail system, potentially carrying commuters from Belen to Santa Fe or to points north of Santa Fe; and

     WHEREAS, the state transportation commission is imbued with the power to set all matters of policy for the department of transportation; and

     WHEREAS, the cost of the commuter rail system is at least three hundred ninety-three million dollars ($393,000,000), but there is no certain projection of overall, total costs; and

     WHEREAS, few, if any, commuter rail systems in the world are not subsidized by public money and the likelihood is that the commuter rail system will require a long-term, perhaps perpetual, investment of public money and may become a fixed cost of government in New Mexico; and

     WHEREAS, the governor, the department of transportation and the mid-region council of governments undertook the commuter rail system project, seeking to commit the state to hundreds of millions of dollars of expenditure with little information provided to and little participation by the legislature; and

     WHEREAS, the legislature is the branch of government that controls the appropriation and expenditure of state public money and is responsible to New Mexicans for the wise and supportable expenditure of public money and thus should make every effort to provide legislative oversight of the commuter rail system project and to demand accountability from the entities that are pursuing commuter rail; and

     WHEREAS, it may be many years before the commuter rail system project can be assessed as to whether it is a wise and supportable expenditure of public money;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to form a commuter rail oversight task force to be comprised of representatives from the counties, municipalities and pueblos affected by the commuter rail system; persons experienced in commuter rail and other modes of public mass transportation; and persons who are potential users of the commuter rail system or alternatives to the commuter rail system; and

     BE IT FURTHER RESOLVED that the New Mexico legislative council be requested to charge the commuter rail oversight task force with:

          A. monitoring the progress of the commuter rail system project;

          B. assessing alternatives to the commuter rail system;

          C. assessing transportation needs in the state not met by the commuter rail system in relation to the cost of the commuter rail system;

          D. assessing the liability the state has assumed or may assume in pursuing the commuter rail system project;

          E. determining what state and federal environmental laws are invoked by the commuter rail system project;

          F. promoting public involvement in the commuter rail system project;

          G. reviewing and assessing business and financial plans for the commuter rail system;

          H. determining the capabilities of the department of transportation and the

mid-region council of governments to perform their duties under commuter rail system agreements;

          I. identifying future funding sources for the commuter rail system;

          J. reviewing amendments to current agreements for the commuter rail system;

          K. requesting periodic reports on the status of the commuter rail system from the department of transportation and the mid-region council of governments; and

          L. identifying legislation needed to continue oversight of the commuter rail system project and correct any legal problems with the project that may be identified by the attorney general or others; and

     BE IT FURTHER RESOLVED that the task force be requested to report its findings and recommendations to the New Mexico legislative council and the legislative finance committee no later than October 15, 2006; and

     BE IT FURTHER RESOLVED that the state transportation commission, the department of transportation and the mid-region council of governments be requested to cooperate fully with the commuter rail oversight task force and promptly provide the task force with the information it may request; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the chair of the state transportation commission, the secretary of transportation, the executive director of the mid-region council of governments and the co-chairs of the New Mexico legislative council.

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