SENATE MEMORIAL 50

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Cisco McSorley

A MEMORIAL

REQUESTING THE MID-REGION COUNCIL OF GOVERNMENTS 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 Bernalillo county board of county commissioners; 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 their 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 it; and

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

     WHEREAS, considering 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 authority, a review would be in order; and

     WHEREAS, the mid-region council of governments is a multi-county 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 regarding 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 the composition of the board or 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 eight members: a Bernalillo county commission member of the authority's board of directors, a city of Albuquerque 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, a representative of the league of women voters, a representative from an environmental organization such as the sierra club, amigos bravos or conservation voters New Mexico, a representative of the southwest organizing project, a representative from the New Mexico chapter of NAIOP and a representative from the board of directors 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 1, 2013; and

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

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