City of Albuquerque - File #: R-23-176

• File #: R-23-176
• Type: Resolution
• Status: Adopted
• File created: 10/16/2023
• In control: City Council
• Final action: 12/4/2023
• Enactment date: 12/5/2023
• Enactment #: R-2023-097
• Title: Establishing A Moratorium For The Albuquerque-Bernalillo County Air Quality Control Board To Act Under Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Board Ordinance Until February 1, 2024 (Lewis)
• Sponsors: Dan Lewis

Date	Action By	Action	Result
12/5/2023	City Clerk	Published
12/4/2023	City Council	Override
11/22/2023	Mayor	Vetoed
11/15/2023	City Council	Sent to Mayor for Signature
11/8/2023	City Council	Passed as Amended	Pass
11/8/2023	City Council	Amended	Pass
10/16/2023	City Council	Introduced
10/16/2023	President	To be heard at the Council Meeting

CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL


COUNCIL BILL NO. ___R-23-176__________ ENACTMENT NO. ______________________

SPONSORED BY: Dan Lewis


RESOLUTION
TITLE
Establishing A Moratorium For The Albuquerque-Bernalillo County Air Quality Control Board To Act Under Chapter 9, Article 5, Part 1 ROA 1994, The Joint Air Quality Control Board Ordinance Until February 1, 2024 (Lewis)
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ESTABLISHING A MORATORIUM FOR THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD TO ACT UNDER CHAPTER 9, ARTICLE 5, PART 1 ROA 1994, THE JOINT AIR QUALITY CONTROL BOARD ORDINANCE UNTIL FEBRUARY 1, 2024.
WHEREAS, in R-2023-044 Council declared that Petition 2022-3 before the Albuquerque-Bernalillo County Air Quality Board ("Board") could be harmful to the welfare of the City; and
WHEREAS, the City Council declares the proposed rules in the record for Petition 2022-3 addresses quality of life impacts absent scientific evidence that there is a nexus to air pollution by identifying the quantities and durations of air contaminants that may, with reasonable probability, cause injury, contrary to New Mexico case law as held in Southwest Organizing Project v. Albuquerque-Bernalillo Cty. Air Quality Control Bd., 2021-NMCA-005; and
WHEREAS, the City Council declares the proposed rules in the record for Petition 2022-3 purport to impact on industrial development by design and not as a consequence of preventing or abating air pollution, contrary to New Mexico case law as held in Service Co. of New Mexico v. New Mexico Environmental Imp. Bd., 89 N.M. 223, 549 P.2d 638 (Ct. App. 1976); and
WHEREAS, the City Council is considering making changes to Sections 9-5-1-1 to -99 and needs time to carefully deliberate about further action; and
WHEREAS, the intended purpose of the resolution is to advance the health, safety and welfare of the public and to further goals and policies adopted by the Council.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE...