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HB 489: ABQ-BERNALILLO WATER AUTHORITY ORDINANCES

An Act Relating To Municipalities; Amending A Section Of The Municipal Code To Provide For The Adoption And Enforcement Of Ordinances And Resolutions By The Albuquerque-bernalillo County Water Utility Authority.

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MOD HB 489
ABQ-BERNALILLO WATER AUTHORITY ORDINANCES

Legislative URL:
HB 489 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
- OTHER -
Action:
[20] HHGIC/HJC-HHGIC [34] DNP-CS/DP-HJC [39] DNP-CS/DP - PASSED/H (68-0) [44] SJC- DP/a API.
Issue(s):

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HHGIC Committee Report
HHGIC Committee Substitute
HJC Committee Report
HJC Committee Substitute
Final House Vote
SJC Committee Report
Fiscal Impact Report
Summary

This bill amends the Municipal Code to allow the Albuquerque-Bernalillo County Water Authority (ABCWUA) to adopt ordinances or resolutions to carry out is statutorily prescribed powers and duties and to “protect the welfare, safety and resources of its users and the environment.”

One concern about this bill might be the extent of the power that it confers upon the Authority, particularly since current law does not grant the power to adopt ordinances or resolutions to entities other than municipalities.

The HHGIC adopted a Committee Substitute on February 26, 2013 that is more specific than the original bill about the purposes for which the ABCWUA may adopt ordinances or resolutions. The purposes are for:

  • complying with the federal Clean Water Act and regulations of the U.S. EPA;
  • enforcing the ordinances by prosecution in the municipal courts, magistrate courts and metropolitan courts and, upon conviction, the imposition of specified fines (up to $1,000/day) and prison terms (up to 90 days).

 

One potential benefit of the substitute bill might be the additional specificity, which may provide some safeguards against the potential abuse of the power to legislate.

Outcome: HB 489 failed to be heard on the Senate Floor.

Date of Summary:  2/12/13; Updated 2/27/13; Updated 5/28/13