City Councilor Dan Lewis | Cabq.gov
The City of Albuquerque has announced that City Councilor Dan Lewis of District 5 in Albuquerque is introducing two bills related to the Albuquerque-Bernalillo County Air Quality Control Board. The bills aim to temporarily restrict the board's rulemaking authority and to replace the current Air Quality Control Board ordinance, according to a press release by the City of Albuquerque.
The legislation will repeal the current board and replace it with a new board and governing ordinance. The changes not only place limitations on the board's authority but also necessitate the approval of their rules by the City Attorney. Furthermore, they grant the City Council the power to suspend or disapprove any rule sanctioned by the Board, thereby ensuring strict adherence to legal standards. The reforms also establish requirements for applicants to engage with the community before proposing any rules, mandate compliance with the Open Meetings Act, limit discussions to agenda items, and prohibit the Board and its attorney from engaging in ex-parte communications with applicants.
Councilor Dan Lewis stated, "The current Joint Air Quality Control Board only represents a narrow set of interests and does not operate within the laws of the state of New Mexico. The proposed replacement ordinance establishes necessary safeguards to hold the board accountable and ensure the Board is comprised of diverse experts who can appropriately consider important matters relating to Air Quality in our community."
The resolution, R-23-176, compels the Albuquerque-Bernalillo County Air Quality Control Board to strictly align its actions with the Air Quality Control Act, forbidding them from broadly considering objections that fall outside the Act's scope when devising regulations. The proposed ordinance, O-23-88, seeks to overhaul the existing ordinance by introducing a more diverse board structure. This revamped board will include individuals with expertise in air pollution control, health effects of air contaminants, air pollution evaluation and control, as well as compliance or air pollution abatement.