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ABQ City Council approves controversial and sweeping changes to air quality control board

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Albuquerque’s city council has approved bills that would prevent the Albuquerque-Bernalillo County Air Quality Control Board from hearing a rule on environmental health and equity impacts — and completely replace its current members.

The city council meeting started off a little different than usual, with a room packed full of attendees serenaded by the Albuquerque High School Mariachi Band.

But, the fun atmosphere quickly disappeared and turned tense as 183 people lined up to give public comment — a number council member and president Pat Davis called “unprecedented.”

Of those, 108 came to speak on Dan Lewis’ legislation to both abolish the air board and establish a moratorium to stop all future air quality regulation until February 1, 2024.

Composed of four appointed members from the city and three from the county, the board is mainly responsible for issuing air quality permits that govern which types of businesses and facilities can operate in a specific area.

Advocates accuse Lewis of trying to skirt around a health, environment and equity impacts rule, which was submitted by the Mountain View Coalition in November last year and is scheduled for a public hearing next month. It would have addressed cumulative impacts of pollution in neighborhoods.

James Salazar is the president of the South Guadalupe Trail Association. He said there’s a stark contrast between corporate interests and the individual people who call Albuquerque home.

“They are speaking from their heart. They are not speaking from economics,” Salazar said. “They are screaming out to be heard, to be given the opportunity to live happy, healthy lives.”

Councilor Lewis said the bills aren’t getting rid of the board altogether.

“We’re replacing the members of this air quality board in exactly the same way that the current ones are appointed. Exactly the same way.” he said.

That brought a chorus of people saying that’s not true.

“You haven’t read the bill, if you disagree with that. Sorry.,” Lewis responded.

Though, as the name suggests, the joint air quality control board is under the jurisdiction of both Bernalillo County and the city of Albuquerque and governs through the New Mexico Air Quality Control Act.

That could lead to legal challenges, but Lewis is confident that any potential suits against the city would not succeed.

In fact, the County Commission has pushed back, voting 4-1 on a resolution asking the city to defer the vote.

The ordinance is very specific on who is to sit on the new board –– including a licensed engineer, physician, and a university representative, all of which need some sort of experience with air pollution. The final spot would be given to a private industry representative.

Now that the air board’s authority is up in the air, a future hearing considering New Mexico’s next steps for an electric vehicle transition could be in jeopardy.

According to the American Lung Association’s 2023 State of the Air report, Bernalillo county scored an “D” letter grade rating for particle pollution.

Councilors approved both bills by a 5 to 4 vote.

Bryce Dix is our local host for NPR's Morning Edition.
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