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F I S C A L I M P A C T R E P O R T

SPONSOR Cravens

ORIGINAL DATE

LAST UPDATED

2/12/07

3/9/07 HB

SHORT TITLE Eastern Sandoval County Flood Control Authority SB 942/aSJC

ANALYST Propst

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB 939

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the State Engineer (OSE)

SUMMARY

Synopsis of SJC Amendment

The amendment clarifies that:

•

An action of the Board is considered conclusive if supported by “substantial evidence"

and final unless the action and decision are “arbitrary, capricious or fraudulent."

•

Provides that all actions and business of the board, including the first board appointed by

the governor will be conducted pursuant to the Open Meetings Act.

•

Provides that any challenge in court questioning the creation of the authority, validity of

securities provided for by the resolution, validity of covenants, agreements or contracts

must be commenced within 60 days after the first publication of the resolution as opposed

to “20 days" contained in the original bill.

•

Provides that if no action is commenced within “60 days" after the first publication,

residents, taxpayers and owners are forever barred from instituting any action in any

court challenging the creation of the authority, validity of securities provided for by the

resolution, validity of covenants, agreements or contracts. The original bill provided for

a “20 day" window.

Senate Bill 942/aSJC – Page

2

Synopsis of Original Bill

Senate Bill 942 creates the Eastern Sandoval County Arroyo Flood Control Authority and

defines the purposes, powers duties, privileges, immunities, rights, liability and disabilities of the

authority.

FISCAL IMPLICATIONS

A voter approved property tax levy not to exceed $2 per $1000 of net taxable value for properties

in the Authorities boundaries is authorized.

SIGNIFICANT ISSUES

The bill creates a new Flood Control Authority to address flood control within the Boundaries

defined by the Act, which generally include the Town of Bernalillo and Placitas.

The Office of the State Engineer notes that SB 942 appears to be modeled upon and include all

the sections included in the Southern Sandoval County Flood Control Act, except for the

inclusion in this bill of Section 104, declaring an emergency, and providing that it is necessary

for the public peace, health and safety that this Act take effect immediately. All lands held in

trust or ownership by the federal government or an Indian Pueblo located within the boundaries

of the Authority are excluded from the authority of the Authority.

DUPLICATES

HB 939

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Flood control issues will continue to be addressed by Sandoval County or the Town of

Bernalillo

.

WEP/nt