HB 473: ABQ/ BERNALILLO WATER AUTHORITY BOARD

An Act Relating To The Albuquerque-bernalillo County Water Utility Authority; Providing For An Elected Board Of Directors; Establishing Procedures For The Election Of The Board Of Directors; Removing Condemnation Authority.

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MILD HB 473
ABQ/ BERNALILLO WATER AUTHORITY BOARD

Legislative URL:

HB 473 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

- OTHER -

Action:

[18] HVEC/HJC-HVEC [36] DNP-CS/DP-HJC API.

Issue(s):

Water Quality & Supply

Related Legislators

Bill Sponsor:

Thomas Anderson

Related Documents

Downloads:

Introduced
HVEC Committee Report
HVEC Committee Substitute
Fiscal Impact Report

Summary

This measure would change the number of members and the procedure for becoming a member of the Albuquerque-Bernalillo County Water Utility Authority beginning on January 15, 2015. Currently the seven members of the Authority are the Mayor of Albuquerque, three City Council members, and three County Commission members. The bill would reduce the number of members to five and would require that they be elected.

The bill also takes away the Authority’s power of condemnation over water and wastewater facilities and over private property and removes all language related to that power of condemnation.

New Mexico government has some public bodies whose members are determined by election and others who are determined by appointment. Each method has advantages and disadvantages. One potential concern with switching to an elected membership is that the elections might take more time and money than a simple appointment system. On the other hand, the election method might provide a benefit by substantially broadening the pool of individuals who would be eligible to serve on the Authority.

Likewise, the power of condemnation or eminent domain can present pros and cons. A possible benefit of the bill might be that it may reduce the abusive use of the power, if any exists, and a possible concern might be that it may hamper the Authority’s efforts to manage the water under its jurisdiction.

Update: The HVEC Committee Substitute restores the power of condemnation.

Outcome: HB 473 died in the House Judiciary Committee.

Date of Summary:  2/10/13, Updated 3/2/13; Updated 5/30/13