City of Albuquerque
File #: O-23-88   
Type: Ordinance Status: Adopted
File created: 10/16/2023 In control: City Council
Final action: 12/4/2023
Enactment date: 12/5/2023 Enactment #: O-2023-029
Title: Repealing Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Board Ordinance; Abolishing The Current Albuquerque-Bernalillo County Air Quality Control Board; Adopting Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Ordinance; Creating The Albuquerque-Bernalillo County Air Quality Control Board (Lewis)
Sponsors: Dan Lewis
Attachments: 1. O-88, 2. O-88 Redline Version, 3. O-88 Amendments CC 11-8-2023, 4. O-88Enacted
Date Action ByActionResultAction Details
12/5/2023 City Clerk Published  Action details
12/4/2023 City Council Override  Action details
11/22/2023 Mayor Vetoed  Action details
11/15/2023 City Council Sent to Mayor for Signature  Action details
11/8/2023 City Council Passed as AmendedPass Action details
11/8/2023 City Council AmendedPass Action details
11/8/2023 City Council AmendedFail Action details
11/8/2023 City Council AmendedPass Action details
11/8/2023 City Council AmendedFail Action details
11/8/2023 City Council Amended  Action details
11/8/2023 City Council MotionPass Action details
11/8/2023 City Council TabledPass Action details
10/16/2023 City Council Introduced  Action details
10/16/2023 President To be heard at the Council Meeting  Action details
CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL


COUNCIL BILL NO. ___O-23-88__________ ENACTMENT NO. ______________________

SPONSORED BY: Dan Lewis


ORDINANCE
title
Repealing Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Board Ordinance; Abolishing The Current Albuquerque-Bernalillo County Air Quality Control Board; Adopting Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Ordinance; Creating The Albuquerque-Bernalillo County Air Quality Control Board (Lewis)
body
REPEALING CHAPTER 9, ARTICLE 5, PART 1 ROA 1994, THE JOINT AIR QUALITY CONTROL BOARD ORDINANCE; ABOLISHING THE CURRENT ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD; ADOPTING CHAPTER 9, ARTICLE 5, PART 1 ROA 1994, THE JOINT AIR QUALITY CONTROL ORDINANCE; CREATING THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD.
WHEREAS, it has been asserted by legal counsel representing the Albuquerque-Bernalillo County Air Quality Control Board (Air Board) that said Board is an autonomous entity established by state statute, and not subject to control by Environmental Health, the City Council, or the County Commission; and
WHEREAS, it has been further affirmed by legal counsel representing the Air Board that the Air Board maintains collaborative relations with Environmental Health, the New Mexico Environmental Department, and the Environmental Protection Agency, without being governed by them; and
WHEREAS, these statements suggest that the Air Board may not be answerable to elected officials and, consequently, the electorate; and
WHEREAS, the absence of adherence to state law by the Air Board could result in a lack of accountability; and
WHEREAS, not all meetings sanctioned by the body regarding policy changes are accessible to the general public; and
WHEREAS, the Air Board conducts sub-committee meetings and engages select members of the public in those meetings; and
WHEREAS, the Open Meetings Act was established with t...

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