2023 Collaboration Task Force Agency Program (RCTFAP)
- Paul Spencer, W.I.L.L. for Prosperity
- Dec 26, 2023
- 10 min read
AN ACT
RELATING TO WATER: ENACTING THE REGIONAL COLLABORATION TASK FORCE PROGRAM TO BUILD STRONGER AND TO BUILD BETTER CAPACITY TO IMPROVE RESILIENCE AND SELF SUSTAINABILITY OF ALREADY ESTABLISHED COMMUNITY PUBLIC WATER SYSTEMS TO PROMOTE AND SUSTAIN “ESSENTIAL SERVICES” TO PROMOTE LOCAL AUTONOMY AND LOCAL SOVEREIGNTY;providing limitations; Making Appropriation ;DECLARING AN EMERGENCY.;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO
SECTION 1. (NEW MATERIAL) SHORT TITLE.--This act may be cited as the “REGIONALIZATION COLLABORATION TASK FORCE PROGRAM”
SECTION 2. (NEW MATERIAL) DEFINITIONS.-- As Used in the REGIONALIZATION COLLABORATION TASK FORCE PROGRAM:
A. adopt rules conditions and priorities for providing financial assistance to community public water systems
including developing application and evaluation procedures and forms and qualifications for applicants and for projects;
B. provide financial assistance to Community Public Water Systems for
qualified projects on terms and conditions established
C. Advocate funding for qualified projects, including:
(1) planning, designing, constructing, improving, expanding or equipping water and wastewater
facilities, major water systems, electrical power lines, communications infrastructure, roads, health infrastructure, emergency response facilities and infrastructure needed to encourage economic development;
(2) developing engineering feasibility reports for infrastructure projects;
projects;
(3) inspecting construction of qualified
(4) providing special engineering services;
(5) completing environmental assessments or archaeological clearances and other surveys for infrastructure
projects;
way; and
(6) acquiring land, easements or rights of
(7) paying legal costs and fiscal agent fees associated with development of qualified projects; and
SECTION 4. APPROPRIATION.-- Fifty million dollars
2 ($50,000,000) is appropriated from the general fund to the
3 REGIONALIZATION COLLABORATION TASK FORCE PROGRAM”
for expenditure in fiscal
4 year 2024 and subsequent fiscal years
5 unexpended or unencumbered balance remaining at the end of a
6 fiscal year shall not revert to the general fund.
BWSD Proposes that the State of New Mexico provide adequate investments that shall be made available to County Governments so as to provide and develop a Regionalization Collaboration Task Force Agency Program (RCTFAP to help build resilient managerial, secretarial and operations capacity for community public water systems. RCTFAP is not a regulatory agency with any authority to Penalize or access fees to Community Public Water Systems (CPWS).
RCTFAP will establish in all 33 counties a (sustainable economic development fund to build resiliency) that would be established with funding from new mexico's anti donation clause to authorize state legislature to appropriate state funds through a majority vote in each chamber for the infrastructure that provides essential services. Article IX section 14 clauses A through H
Second source of funding can be utilized from the 10% funding provided by the Clean Water Act to provide Among the key provisions, the 1996 amendments authorized a Drinking Water State Revolving Fund (DWSRF) program to help public water systems finance improvements needed to comply with federal drinking water regulations and to address the most serious risks to human health. The law authorizes EPA to make grants to states each year to capitalize a state revolving loan fund. Each state must match 20% of its annual capitalization grant. States are authorized to use DWSRF funds to provide financial assistance (primarily subsidized loans) to eligible public water systems for expenditures that EPA has determined, through guidance, will facilitate SDWA compliance or significantly further the act’s health protection objectives.
The SDWA also includes several set-asides and directives that apply to the states. These provisions offer states flexibility in tailoring their individual DWSRF programs to address state priorities. They also demonstrate the emphasis that the 1996 amendments placed on enhancing compliance, especially among smaller systems. The act requires states to make available at least 15% of their annual allotment for loan assistance to systems that serve 10,000 or fewer persons to the extent that the funds can be obligated to eligible projects.
The act also allows states to use up to 30% of their DWSRF capitalization grants to provide additional assistance, such as forgiveness of loan principal or negative interest rate loans, to help disadvantaged communities (as determined by the state). Through appropriations acts, Congress has frequently required states to provide additional subsidization.
Among other set-aside provisions, Section 1452(g) authorizes states to reserve a portion of their annual capitalization grants to cover the costs of administering the DWSRF program. Congress increased the amount states may use for administration purposes in the Water Infrastructure Improvements for the Nation Act (WIIN Act; P.L. 114-322), enacted on December 16, 2016.13
States may use an additional portion to help pay the costs of other SDWA mandates. Specifically,states may set aside as much as 10% for a combination of the following:
Public water system supervision programs (Section 1443(a)),
Technical assistance through source water protection programs,
State capacity development strategies (Section 1420(c)), and
Operator certification programs (Section 1419).
REGIONALIZATION COLLABORATION TASK FORCE PROGRAM: will provide essential services and training to address
1. Aging water and wastewater infrastructure,
2. Meet and maintain State and Federal Mandates
3. Seek, Obtain, and Administer State and Federal Funding
4. Audit CPWS at no cost to said Government entity, following New Mexico Finance Authority and New Mexico Environmental Agency Policies and State and Federal Law including the Equal Protection Clause.
5. Provide adequate training to all who serve CPWS in any position or capacity.
We have a three program approach:
1. Financial Reporting
2. Navigating through the funding process
3. Navigating through the design & construction process.
We want to recruit young start-up CPAs and engineers who want to work with rural systems. We would also like to see a set of standards that CPAs provide in their consulting services to rural systems and ensure that engineers are also providing the information that boards need to make informed decisions as required by NMED. This position will be titled Project Manager. Project Managers shall provide assistance to communities in each of their Counties that they are assigned to. to help ensure transparency and managerial,secretarial and operational capacity in seeking affordable funding and professional technical assistance.
This training programs should involve training for:
Water and Wastewater operators
Certified Public Accountants
Project managers
And other professional services required to operate sufficiently to maintain compliance with state and federal regulations funded by all available STATE AND FEDERAL resources to ensure mandates are adequately funded and regulations, policies and rules are upheld and enforced equally and fairly for the betterment of the people and PROVIDES THE PEOPLE OF THE STATE WITH ENVIRONMENTAL RIGHTS, INCLUDING THE RIGHT TO CLEAN AND HEALTHY AIR, WATER, SOIL AND ENVIRONMENTS
REGIONALIZATION COLLABORATION TASK FORCE PROGRAM will significantly help increase the current investment levels CPWS invest in infrastructure projects by facilitating available resources
All those employed BY THIS TASK FORCE PROGRAM WILL BE PAID BY THE STANDARDS OF THE DAVIS-BACON AND RELATED ACTS
NEW TRAINING CENTER BUILDINGS AND NEW INFRASTRUCTURE , NEW HIRES, NEW BUSINESS, NEW JOB OPPORTUNITIES BY PROVIDING LAND, BUILDINGS FOR INFRASTRUCTURE FOR FACILITIES TO SUPPORT NEW EXPANDING BUSINESS IF THIS ASSISTANCE IS GRANTED PURSUANT TO GENERAL IMPLEMENTING LEGISLATION THAT IS APPROVED By A MAJORITY VOTE OF THOSE ELECTED TO EACH HULSE OF LEGISLATURE . THE IMPLEMENTING LEGISLATION SHALL INCLUDE ADEQUATE SAFEGUARD TO PROTECT PUBLIC MONEY OR OTHER RESOURCES USED FOR THE PURPOSE AUTHORIZED IN THIS LEGISLATION SHALL FURTHER PROVIDE THAT:
Nothing in this section prohibits the state from expending state funds or resources for the purpose of providing essential services primarily for residential purposes if the assistance is granted pursuant to general implementing legislation approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall provide for accessibility to essential services primarily for residential purposes and include safeguards to protect public money and other public resources used for the purposes authorized in this subsection. As used in this subsection, "essential services" means infrastructure that allows internet, energy, water, wastewater or other similar services as provided by law
.[1]. EMERGENCY--It is necessary for the public peace, health and safety that this act take effect immediately.
NOTES:
Introducing a bill that would provide collaborative professional technical programs to underserved communities for the purposes of providing affordable professional services(RCTFAP ) to those who request temporary services on the annual contractual agreements that promotes and allows small community Public water systems to be a fiscal agent unto themselves . training services will be provided to encourage operations ultimately without the Regionalization collaboration services training program. When these services are no longer needed because system has met its goals of becoming self reliant all contracts with service provider will be made without the threat of any fiscal harm or financial Liability of:
contracted certified public accounting service.s. CPA’s since 2013 have been Mandated to be employed by every government entity located in the state of New Mexico.
- Certified operators are required by every community public water system to ensure quality of water and wastewater operation in providing safe clean affordable water. This service and be provided at agreed arrangement of set amount of years no less than one
Project managers are needed and provided by written requests and are meant to ensure adequate funding and affordable funding sources and implementation of expenditures to ensure funding is provided for appropriate projects, programs and services for bringing about sustainable development and growth to implement essential services to promote and facilitate resilient communities that have the capacity to govern themselves within their own communities water system existing service areas that can be used to provide stakeholders ownership of real equity.
This has real opportunity for businesses investors to provide professional services and technical services paid for by the taxpayer to ensure essential services to meet capacity of any community required to maintain state and federal regulations who by electing by popular vote in favor for professional services provided by Regionalization collaboration task force programs funded by the taxpayer to ensure safe clean affordable water in a training program that provides sustainability and resiliency to community public water systems
This is the Regionalization collaborative task force program we need in place instead of transfer of ownership and transfer of responsibility.
SB1 is the beginning of the re-governance of water resources this bill will provide communities the freedom to choose between surrendering their ownership and responsibilities or choose to utilize the essential services resource provided through and by the Regionalization Collaboration Task Force Program
New Mexico communities are currently only able to invest in infrastructure improvements to community public water systems at just a 1/2 of percentage each fiscal year and would need to build projects that would last up to 200 years in order to be resilient enough to last its life expectancy at this current rate of service investment. We need help facilitate affordable funding to help communities invest more to improve and increase productive services through legislative efforts in providing affordable funding and technical assistance to enhance essential services at the local level to promote and facilitate managerial, secretarial, operational and financial capacity. This will help communities meet state and federal compliance requirements in providing safe clean affordable water
Funding source is in Article IX, Section 14, subsection H. Nothing in this section prohibits the state from expending state funds or resources for the purpose of providing essential services primarily for residential purposes if the assistance is granted pursuant to general implementing legislation approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall provide for accessibility to essential services primarily for residential purposes and include safeguards to protect public money and other public resources used for the purposes authorized in this subsection. As used in this subsection, "essential services" means infrastructure that allows internet, energy, water, wastewater or other similar services as provided by law.!
Funding provided by subsection d.
Nothing in this section prohibits the state or a county or municipality from creating new job opportunities by providing land, buildings or infrastructure for facilities to support new or expanding businesses if this assistance is granted pursuant to general implementing legislation that is approved by a majority vote of those elected to each house of the legislature. The implementing legislation shall include adequate safeguards to protect public money or other resources used for the purposes authorized in this subsection. The implementing legislation shall further provide that:
each specific county or municipal project providing assistance pursuant to this subsection need not be approved by the legislature but shall be approved by the county or municipality pursuant to procedures provided in the implementing legislation; and
(2) each specific state project providing assistance pursuant to this subsection shall be approved by law.
👇Read here👇for more information concerning the intent of this bill👇
This is an emergency act to protect the sovereignty and autonomy of the people at the local level of government for the people of the people and by the people of shared interests and responsibility of self governance.
This is a much needed course of action that is a more responsible action than to be taking actions facilitating and promoting transfer of ownership and transfer of responsibilities from the people at the most important level of government at the local level provided by our respected republic form of government.
Additional funding can be provided by State Revolving Funds where administrative allocations can be used by like agencies, entities or nonprofit organizations (information concerning funding from SRF’s can be found in CWSRF AUP’s and the DWSRF’s Intended Use Plan AUP’s
Please read HJR4: HOUSE JOINT RESOLUTION 4
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Joanne J. Ferrary and Antoinette Sedillo Lopez and
Patricia Roybal Caballero and Tara L. Lujan
FOR THE RADIOACTIVE AND HAZARDOUS MATERIALS COMMITTEE
A JOINT RESOLUTION
PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW SECTION OF ARTICLE 2 THAT PROVIDES THE PEOPLE OF THE STATE WITH ENVIRONMENTAL RIGHTS, INCLUDING THE RIGHT TO CLEAN AND HEALTHY AIR, WATER, SOIL AND ENVIRONMENTS, A STABLE CLIMATE AND SELF-SUSTAINING ECOSYSTEMS, AND DIRECTS THE STATE, COUNTIES AND MUNICIPALITIES TO SERVE AS TRUSTEES OF THE NATURAL RESOURCES OF NEW MEXICO FOR THE BENEFIT OF ALL THE PEOPLE AND BY REPEALING THE CURRENT POLLUTION CONTROL PROVISIONS OF ARTICLE 20, SECTION 21.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. It is proposed to amend Article 2 of the constitution of New Mexico by adding a new section to read:
"A. The people of the state shall be entitled to clean and healthy air, water, soil and environments; a stable climate; and self-sustaining ecosystems, for the benefit of public health, safety and general welfare. The state shall protect these rights equitably for all people regardless of race, ethnicity, tribal membership status, gender, socioeconomic status or geography.
B. The state, counties and municipalities shall serve as trustees of the natural resources of New Mexico and shall conserve, protect and maintain these resources for the benefit of all the people, including present and future generations.
C. The provisions of this section are self-executing. Monetary damages shall not be awarded for a violation of this section. This section is enforceable against the state, counties and municipalities."
SECTION 2. It is proposed to amend Article 20 of the constitution of New Mexico by repealing Section 21
SECTION 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.
Transition of Power
By removing Article 20 Sec. 21 from New Mexico Constitution
Article XX - Miscellaneous
Sec. 21. [Pollution control.|
The protection of the state's beautiful and healthful environment is hereby declared to be of fundamental importance to the public interest, health, safety and the general welfare. The legislature shall provide for control of pollution and control of despoil-ment of the air, water and other natural resources of this state, consistent with the use and development of these resources for the maximum benefit of the people. (As added
November 2, 1971
189
© 2021 State of New Mexico. New Mexico Compilation
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