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F I S C A L I M P A C T R E P O R T
SPONSOR Payne
ORIGINAL DATE
LAST UPDATED
2/19/07
HB
SHORT TITLE
ALBUQUERQUE-BERNALILLO WATER
CONDEMNATIONS
SB 1042
ANALYST Propst
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY07
FY08
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Department of Finance and Administration (DFA)
Office of the State Engineer (OSE)
SUMMARY
Synopsis of Bill
Senate Bill 1042 gives the Albuquerque-Bernalillo county water authority the additional right to
operate water and wastewater facilities, acquire privately owned water or wastewater facilities by
a purchase agreement and not by condemnation.
SIGNIFICANT ISSUES
SB 1042 would allow the Albuquerque – Bernalillo County Water Utility Authority to purchase
existing privately held water and wastewater utilities at a purchase price determined by the
market or as determined by such entities. The current statute gives the Authority the option of
condemnation if all other purchase options have been exhausted. Ultimately the consumers
would subsidize the cost of all infrastructure and utility improvements bonds, and acquisitions to
receive the same service.
pg_0002
Senate Bill 1042 – Page
2
The Office of the State Engineer notes that the amendments to § 72-1-10 are intended to prohibit
the Authority from acquiring a privately owned water or wastewater facility by condemnation.
The amendments also remove the Authority’s jurisdiction over privately owned water and
wastewater facilities that are interconnected to the utility system. In addition, the amendments
clarify that the Authority may operate water and wastewater facilities.
WEP/nt