Bluewater Water Sanitation District (BWSD) Proposal
- Paul Spencer, W.I.L.L. for Prosperity
- Dec 26, 2023
- 10 min read
Bluewater Water Sanitation District (BWSD) Proposal to all County Offices, Elected Officials, Paid Staff and all other persons affiliated with or associated with that are working in or on behalf or interest of all County Governments within New Mexico
Proposal
Bluewater Water Sanitation District (BWSD) Proposal to all County Offices, Elected Officials, Paid Staff and all other persons affiliated with or associated with who are working in or on behalf of the best interest of all County Governments within New Mexico and for the health, safety and peace of the people.
BWSD Proposes that County Governments provide and develop a Safe Clean and Affordable Water Infrastructure Task Force Agency Program to “help, not Penalize” Community Public Water Systems (CPWS) and 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.
Please review 2020 House Bill 248 in link below for reference and guidance on how New Mexico County Governments can implement a Safe Clean and Affordable Task Force Agency Program : https://www.nmlegis.gov/Sessions/20%20Regular/bills/house/HB0248.pdf
Small Community Public Water Systems (“SCPWS”) are primarily defined as a Government Entity. Each individual SCPWS consists of locally Elected members of their own community serving on a Voluntary Basis.
Meanwhile New Mexico Laws and Regulations have perpetually increased year after year for decades. In retrospect, so too have the workload activities, responsibilities and duties including oversight for all serving SCPWS including but not limited to elected board members, community volunteers and paid professional services required by state and federal Law such as:
· Certified Water Operator
· Certified Wastewater Operator
· State and Federal water and wastewater quality test/reports “some State tests and reports that were once paid for in part with the .03 cents every 1k gallons used by the CPWS. .03 cents is still charged to CPWS by NMED to run some of these tests but as of 2021 CPWS are required to pay for these tests out of each CPWS funds and not that of NMED who still to this day collects a fee of .03 cents every 1k gallons”
· Certified Public Accountant “since 2013 this has been an unfunded mandate”
· 5hr Minimum Board member Training
· Pulmonary Engineering Reports “minimum cost of $60k on average to make any upgrades to CPWS”
Community Public Water Systems are made up of volunteers (Unpaid persons providing professional services that CPWS are unable to financially afford to pay ) and do not usually have adequate funding to hire full time staffing “unlike bigger populated cities” to keep up with weekly allotted funding opportunities that come with 168 hr deadlines.
Summary
The issues found by the Office Inspector General (OIG) are that hundreds of millions of dollars are being wasted in overpaid invoices and hundreds of millions being pocketed by high ranking officials of the EPA nationwide. The OIG also states that the EPA has a “Management challenge” agency wide. These are the Issues I would somehow like to address. For instance, The Enterprises Customers Service Solution programs for years have lacked personnel, funding, (due to retention) and training opportunities. Because of these short-falls, hundreds of millions of dollars, according to the OIG, are being lost.
The OIG reports provide additional standing for the message and concerns that I have been trying to convey.
Investing just a portion of these hundreds of millions of taxpayers dollars for funding set aside for training will potentially save the same said amount and more.
Another issue is the state of New Mexico is currently inadequately positioned financially and is currently incapable of implementing a sufficient PWSS program. Bluewater Water and Sanitation District presents a case where it was said by NMED/NMFA "unless funding is 100% grant based they don't believe BWSD will ever be eligible to meet compliance to receive funding to address out of compliance issues that BWSD finds itself in.
It is my understanding Primacy states must implement a Public Water Systems Supervision (PWSS ) grant program adequate to enforce the requirements of the Safe Drinking Water Act (SDWA) ensuring PWSs comply with the National Primary Drinking Water Regulations.
The SDWA allows States and Territories to seek United States Environmental Protection Agency (EPA) approval to administer their own PWSS Programs. The authority to run a PWSS Program is called primacy. To receive primacy, States (or tribes or territories) must meet certain requirements laid out in the SDWA and the federal regulations, including the adoption of drinking water regulations that are at least as stringent as the federal regulations and a demonstration that they can enforce the program requirements. EPA currently administers PWSS Programs on all Indian lands except the Navajo Nation, which was granted primacy in late 2000. The State of New Mexico (NM) has been a primacy state since 1976 with the New Mexico Environment Department (NMED) Drinking Water Bureau (DWB) as the lead agency responsible for implementing the PWSS Program. The DWB protects drinking water quality by providing technical assistance, water system oversight, enforcement, and source water protection to NM's public water systems (PWSS).
Primacy states must implement a PWSS program adequate to enforce the requirements of the SDWA and ensure that PWSS comply with the National Primary Drinking Water Regulations.
NMED stated in its December 3rd 2020 presentation to NM Legislature Finance Committee ``prior sweep of the general funds that does not help us maintain the level of services people want and expect”. NMED is contemplating to cut services including certain pollutants being tested for in a drinking water prospective to help nmed maintain funding.
December 2020 Hearing http://sg001-harmony.sliq.net/00293/Harmony/en/PowerBrowser/PowerBrowserV2/20201204/-1/66783#info_hr statrt @2:18
Funding is the issue as shown by NMED. This shows in part reasons why the state is incapable of implementing a pwss program adequate to enforce the requirements of the SDWA and ensure PWSS comply with NPDW regulations.
Nmed stated that they were unable to fulfill their mission in a
December 2020 hearing.
NMED IS LOOKING TO INCREASING CIVIL PENALTIES WHILE REDUCING REQUEST FROM THE GENERAL FUND. NOTICE FY21 STATE BUDGET FROM GENERAL FUND currently at 0.2%of the budget will be reduced by 5% (657,000 less fy21). THE NEED TO SPEND MORE STATE FUNDING TO ACCRUE AVAILABLE FEDERAL MATCHING FUNDS IS PERTINENT TO THE STATES ABILITY TO ADDRESS PWSS AGING INFRASTRUCTURE IMPROVEMENT PROJECTS. NMED IS LOOKING TO INCREASING CIVIL PENALTIES WHILE REDUCING REQUEST FROM THE GENERAL FUND
I would like to ask for your continued support and guidance In leading Bluewater Water and Sanitation District in addressing issues and concerns in the capacity of presentations to State, Federal and Local governments.
With your support and guidance BWSD would present issues with
1. State and Federal
Mandates that are underfunded and unattainable due to lack of available funding
A. Even after requiring utility rate increase of 300% BWSD is unable to address non compliance issues
B. BWSD finds itself 50% higher in basic water rates compared to surrounding areas,
C. BWSD like other communities are dealing with aging infrastructure and increasing regulations that do not afford infrastructure improvements
D. Other changing laws, regulations and agendas outside of Local Government control, such as the Energy Transaction Act, the Mexican spotted owl, 2020 state budget and COVID-19 just to name a few. These issues Have had tremendous effects on the communities abilities to raise adequate funding that BWSD was in need of “even before the effects of COVID took place” that would address aging infrastructure projects, even after a high rate of 300% increase BWSD is charged with and is required by regulations of loan programs and agencies. After following the Guidance and regulations of NMED, BWSD is tasked with finding and searching for additional sources of funding
NMED AND OTHER ORGANIZATIONS LIKE NEW MEXICO RURAL WATER ASSOCIATION ARE IN GREAT NEED OF ADDITIONAL FUNDING AND PERSONNEL.
Regulators and collaborating agencies that help Public water systems maintain compliance with state and federal laws and regulations that are extremely under funded and are in need of more professional personnel. Proper funding and attention would be a cost savings to every government entity in the long run.
Adequate Training programs need to be organized and established to better serve pwss and help pwss learn how to better and more adequately: operate, train, upkeep /maintain systems receive funding needed for updating aging infrastructure that would in effect provide cost savings to the district as to better be capable and positioned to serve their communities in providing safe clean affordable water
Public water Systems Supervision Programs along with state and federal Agencies and organizations should have the capacity to provide and inform public water systems more adequately with the availability and opportunities of affordable funding. Public awareness along with government agencies and nonprofit organizations along with assistance programs combined with technical guidance will better position Public water systems to address aging infrastructure needs and be more able to address pws’s issues. For the health and safety of the people additional prioritized funding from the General fund will lighten the burdens felt by communities striving to be in compliance with state and federal regulations.
These funds will further help public water systems provide safe clean affordable water
NMED holds water systems in compliance unless of course all sources of funding from a community have been Exhausted. BWSD raised their rates 300% and was not able to maintain funds required by NMED and NMFA to stay in compliance with grant/ Loan funding of Which 90% was grant money. NMED/NMFA withdrew funding, even though BWSD is currently still out of compliance in the area of groundwater. NMED said that they would not hold BWSD non compliant issues at the sewer lagoon against us because they are aware of our funding situation. The Fair and Equal Protection Act should be in effect in this case. How is it we can choose what communities are in or out of compliance based on funding?“Economics atmosphere/ surrounding job opportunities “affect the communities income. Job availabilities that are now affected by government regulations and prioritized agendas, namely the Energy transition Act taken place in areas where services of providing safe clean affordable water are protected by state laws , regulations and mandates that now more than ever lack available funding or priority by the very same government who caused and controls the economic atmosphere we now find our communities in. A Person from NMED said that they wished I would spend as much time and energy looking for funding as I do pointing out what everyone has done wrong to BWSD. Unfunded mandates have brought many water systems to their knees and many lack certified operators and are deeply leaning on the support and expertise of NMWRA to meet regulations and compliance with federal and state compliance regulations. Many systems have experienced lack of funding in the middle of or during improvement projects
This leaves communities unable to complete projects even after raising rates 300% and in communities that are known, and have been acknowledged as, below poverty before the beginning of said improvement projects. Insufficient funding leads New Mexicans down a slippery slope, as NMED struggles to keep up with all the requirements/workload, and oversight . Unfortunately due to under funding PWSS programs, mishaps by NMED / NMFA/ SCPWS are bound to happen more frequently at the expense of community projects that are being performed, resulting in unfinished improvement projects and water systems that are left out of compliance or are still in need of upgrades to aging infrastructure throughout New Mexico .
At this time, New Mexico finds itself looking to help families move forward after the covid -19 shut downs. Let us work together to be a creative leader in job opportunities by focusing New Mexico priorities in rebuilding our aging water and wastewater infrastructure systems and by investing our State tax payers money back into our home communities. Let’s create jobs through training programs with the help of state agencies and organizations like NMRWA overseeing the construction crews and projects, as many as they may be, so as to lighten the burden by filling the job positions gap in the public water system industry in its efforts to provide clean safe affordable water. .
It’s an old saying I think “ many hands make light the work “.
Let's prioritize Public water systems and help them provide safe, clean affordable water by investing more of New Mexico's tax dollars from the General fund back to New Mexicans families homes, for the health, safety and peace of mind knowing that our water is safe, clean and affordable.
Possible funding opportunities found below!
1.Data collected and shown above in pages 1 and 2 of water table 2020 data document, pgs 10-11 of this document, shows the need to increase the current rate of 1/5% for administering funds from the Clean Water State Revolving Fund (CWSRF) to an greater amount that will serve in training Public Water Systems (PWS) how to better utilize and maintain funding opportunities. Training will provide PWS with the ability to be better stewards and overseers of water infrastructure improvement projects and to better be equipped with the knowledge and tools to proceed in the most effective way. With the already approved possible rate of up to 5% of the CWSRF being eligible to be used to administer the $319 million that I believe has increased to 344 million this last past legislative session 2020. 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. As for navigating the funding piece, I think we can also recruit people and/or organizations like NM Rural Water Association to help navigate systems through the funding process in providing the issues that need further addressed.
2. I am suspecting we will still need to advocate for additional funding for organizations like NMRWA that will help (PWS)Public water Systems through the Improvement projects inception installation and operation. NMRWA has the on the ground experience serving all public water systems throughout New Mexico. This gives them the ability to share what works and what might not be most ideal in serving PWS infrastructure improvement projects that can help communities working with engineers that best choose the the most appropriate options available. I can tell you from experience that engineers only know what they have had experience with and don't always know the best options available out there. NMRWA with the need of additional personnel and funding that currently operates with just 10 personnel, provides professional technical assistance and training that helps the operators of 1080 PWS throughout New Mexico stay in compliance and up to date with the latest state and federal mandates.
3. The 5% of total water infrastructure improvement projects, private project fiscal agents charge is presented in the data above that would take up to 4% of the CWSRF or straight out of the local public water system and can be reduced and even eliminate excessive cost through and by sufficient training.
4. I hope you can find savings in allocating 3% of the CWSRF in training PWS and CPAs on how to efficiently oversee and allocate funds.
5. With our three program approach through adequate training and with the help of organizations like NMRWA, cost of overruns can be significantly reduced,saving millions of taxpayers dollars as represented in the pie chart with a 25% overruns cap. With adequate training I believe we can save even more.
WATER TABLE 2020 DOCUMENT
Possible Funding Solution, source of funding can potentially be
allocated from already existing programs within current state agencies
1=100,000x43x10
$433 million allocated for water improvement projects fy2020
$319 million allotted and accounted for fy2020 New Mexico Environmental Department chose to only use 1/5% of the Clean Water State Revolving Fund that only amounts to $638,251. Surly They can use up to 5% of CWSRF to administer funds that are sorely needed
To help Address 4-8% of 569 New Mexico’s Community Public Water Systems (PWS) that are REGULARLY out of compliance and have tremendous needs.
CWSRF DIVIDED BY COMMUNITY PUBLIC WATER SYSTEMS
$319,000,000/569pws=$560,000.00
$319,000,000/44pws(frequently out of compliance)=$7.2million
New Mexico State Legislature fy2020 spent $7.54Billion only increasing water infrastructure improvement projects by $114million with less than 5% going to water issues
Reference
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