REGULATORY CHANGES AHEAD: City Council Votes to Override Mayor’s Vetoes, Halting Controversial Board’s Activities

On Monday night, the Albuquerque City Council voted to override Mayor Time Keller’s vetoes of two bills relating to the Albuquerque-Bernalillo Air Quality Control Board. The Council voted 7-2 and 6-3, respectively, on a veto override of a bill to enact a moratorium of the board’s activities and of another bill to restructure the board.

Councilors Isaac Benton and Tammy Fiebelkorn voted against the override of the moratorium veto; Councilors Pat Davis, Benton and Fiebelkorn voted against the override of the veto of the bill to overhaul the board.

However, Councilor Dan Lewis’ bills were in response to the board’s most recent air permit proposal, which continues to be discussed in board hearings this week. The controversial Health, Environment & Equity Impacts, or HEEI, is a broad, sweeping regulation that would have had a profoundly negative effect on business and economic development across the Albuquerque metro area.

Lewis’ legislation stops the Air Quality Control Board from acting on the regulation, and the moratorium in his resolution specifically would put most board action on hold until Feb. 1, 2024. Councilors also approved an amendment to the resolution that the city must consult with the county on any differences.

The ordinance restructures the current board, replacing it with members who meet specific qualifications. Councilors also approved amendments that include criteria that members broadly represent the diversity and demographics of the city including but not limited to culture, gender and geography; and remove the City Council’s ability to stay or disapprove of regulatory changes or emissions control requirements by the board.

The Chamber was present at Monday’s Council meeting to weigh in. GACC Executive Vice President of Policy and Programs D’Val Westphal addressed the Council:

“Both of these proposals address the actions of a rogue board that has answered to no one, ignored open meetings law and prioritized special interests at the expense of the community. The current air board, which is not elected, has no members who represent business. Its subcommittees have been closed to business voices, and business concerns have been excluded from deliberations and debates. This board is considering overbroad air quality permit rules that will effectively stop development and the jobs that brings.” …

“The Chamber supports the veto overrides to provide time for all parties to come together and craft solutions that protect our environment and communities without needlessly punishing business and hurting economic development. Both measures allow the city to ensure we have a board whose members have the expertise and experience to deal with complex topics in an even-handed, science-based manner that’s accountable to the public.”

“The ability to responsibly grow and improve our city – economically and environmentally – is dependent on taking time to get this board right.”

Sandia National Laboratories and the United States Air Force also spoke in support of the override vote.

After more debate, the Council ultimately voted to override the mayor’s vetoes.

What’s unclear now is when the moratorium will go into effect. At Monday’s Council meeting, bill sponsor Lewis asked the city attorneys present for clarity on the legislation’s effective date; he was told the City Charter was silent on the effective date of resolutions and there is ambiguity on that.

Meanwhile, at the Air Board hearing yesterday, with its attorney arguing the board had not been formally notified of the resolution.

“With regard to the moratorium, the city charter is silent on when a moratorium goes into effect. The board hasn’t been told that it’s gone into effect. I would argue that a moratorium needs the same notice to the public and time to implement as a ordinance,” Antoinette Sedillo Lopez, the Air Quality Control Board attorney, told KRQE. Sedillo Lopez is also a Democratic state senator from Albuquerque.

This issue will continue to evolve, and we’ll be sure to keep you informed on updates.

Read the Albuquerque Journal’s coverage of the vote here, and find KRQE’s coverage of the debate around yesterday’s hearing here.

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