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City of Albuquerque
File #: R-23-128   
Type: Resolution Status: Enacted
File created: 4/17/2023 In control: City Council
Final action: 5/1/2023
Enactment date: 6/5/2023 Enactment #: R-2023-044
Title: Declaring A Position On Albuquerque-Bernalillo County Air Quality Control Board Petition 2022-3 (Lewis)
Sponsors: Dan Lewis
Attachments: 1. R-128, 2. R-128Enacted
Date Action ByActionResultAction Details
6/5/2023 City Clerk Published  Action details
5/18/2023 Mayor Not Signed by the Mayor  Action details
5/9/2023 City Council Sent to Mayor for Signature  Action details
5/1/2023 City Council PassedPass Action details
4/17/2023 City Council Introduced  Action details
4/17/2023 President To be heard at the Council Meeting  Action details

CITY of ALBUQUERQUE

TWENTY FIFTH COUNCIL

 

 

 

COUNCIL BILL NO.     R-23-128                    ENACTMENT NO.   ________________________

 

SPONSORED BY:  Dan Lewis

 

 

RESOLUTION

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Declaring A Position On Albuquerque-Bernalillo County Air Quality Control Board Petition 2022-3 (Lewis)

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                     WHEREAS, the Albuquerque-Bernalillo County Air Quality Control Board (the “AQCB”) is establishing a process to consider a citizen-initiated rule making petition for Petition 2022-3; and

                     WHEREAS, this type of petition can carry significant consequences for the community, not only in terms of promoting air quality, but also in terms of balancing economic impacts, enforceability of air quality rules, and the general integrity of the air quality permitting processes; and

WHEREAS, the petition, as submitted, did not proceed through any pre-petition or stakeholder involvement process prior to its submission to, and acceptance by the AQCB; and

                     WHEREAS, a pre-petition process would have provided opportunities for the public to comment through public listening sessions, public meetings, gathering of written comments and the opportunity for corresponding revisions; and

                     WHEREAS, the petition includes unprecedented, mandatory denials of air-quality permits under circumstances that do not appear clearly defined and such a process could result in significant harm to the welfare of the City and our region due to its overbreadth; and

                     WHEREAS, the City’s air quality program has identified that it’s unclear how the proposed rule would fit in with existing air quality permitting rules and process, and includes ambiguities that may render it unenforceable; now

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

                     Section 1.  The City declares that Petition 2022-3 could be harmful to the welfare of the City due to the lack of stakeholder involvement that went into its submission and acceptance by the AQCB, and due to its potentially broad impacts on the availability of air quality permits based on unclear standards.