New Mexico may be in the midst of an oil and gas boom that leaves the state flush with money heading into the upcoming legislative session. But, says Bernalillo Mayor Jack Torres, “That boom doesn’t come to us.”

Not directly, anyway. The Town may benefit from where some of that money is invested, like public education or the outdoor economy. But Mayor Torres said municipalities barely get a taste of the big pie once it’s divided up. As such, Torres said the Town is only focusing on a couple of capital outlay projects.

“Our top priorities are money for a fire station and wastewater improvements,” he said. “Like every community, we have capital needs. For us, capital outlay is not pork. It’s basic needs and quality of life.”

Torres said the Town’s representatives in the Roundhouse have done a great job in recent years helping to secure funding for projects. The Town is represented in the House by Rep. Derrick Lente, D-Sandia Pueblo, and Rep. Alan Martinez, R-Bernalillo.

“They have both been exceptional,” he said. “And our senator, Brenda McKenna (D-Corrales) is the same way. They are really good about reaching out to us and communicating with us.”

Torres said their wish list for capital projects is not long, preferring to keep it simple and uncluttered. Roads are another priority, and that’s true for everyone across the state.

“The costs for road construction has exploded,” he said. “And the need for roads, and repairs is recurring.”

While most municipalities approve a list of priorities ahead of each state legislative session for lawmakers and lobbyists to reference, the Town of Bernalillo does it a bit differently. Serving the same purpose as a list of legislative priorities, the Town Council approved 10 separate resolutions stating its support for issues to be taken up during the 2024 Legislative session, ranging from the distribution of tax money to funding for behavioral health.

The 30-day session focusing on budget matters gets underway Tuesday, Jan. 16.

Approved during the Town Council’s Nov. 27 meeting, some of the resolutions align the Town with the New Mexico Municipal League on issues they jointly support. 

“They’ve been real good partners for us,” Torres said of the Municipal League, adding that he currently serves as the League’s treasurer. “They really are significant for us for having a lot of resources for us and information that we don’t have access to. Their staff is sharp. They know what they are doing.”

Some of the resolutions have to do with the state Tax and Revenue Department, including one that calls on the department to “make every effort possible to improve the relationship between the department and municipalities.” 

The resolution says that the Town supports the Municipal League “standing ready to discuss ways in which the relationship between the department and municipalities can be improved.” It says that municipalities pay a share of Gross Receipt Taxes to the state and should have assurances that GRT revenues “are being accounted for and distributed properly.” 

It goes on to say that a trusting and cooperative relationship between municipalities and Tax and Rev is desirable and that the state department should do a better job of sharing information with them so municipalities can analyze data and compare it to municipal business registrations.

Another resolution takes issue with what it describes as an “improper” tax the Town claims Tax and Rev imposes on municipalities. The resolution says that the department is only allowed by law to charge municipalities with “reasonably necessary” costs of service. But the department uses a straight 3% fee structure not based on any actual costs, the Town claims. It says the fee generates about $50 million a year, which represents 80% of Tax and Rev’s overall budget.

“Sure, we understand the need to cover expenses,” Torres said. “But they are essentially making a profit off us with fees.”

A third resolution dealing with taxes states rather vaguely that  the Town “is generally supportive of state and local tax reform that will result in increased revenues for both the state and local governments.” It notes that small towns like Bernalillo are heavily reliant on GRT revenue, making up two-thirds of the income. It says the Town “supports tax reform efforts that will contribute to the diversification and expansion of municipal revenue sources while protecting existing sources.”

Several resolutions prioritize public safety.

One calls for increased funding for Emergency Management Services statewide. It supports a legislative appropriation to the State Fire Marshal to conduct a statewide EMS assessment and increased funding to ensure EMS remains sustainable.

In conjunction with the Municipal League, the Town also supports legislation that would pick up subscriber fees for an emergency radio communication network. They also call for the creation of an interoperable radio network oversight board to oversee the network. 

According to the resolution, currently, radio communications between state, county, local, and tribal agencies is fragmented, with different agencies using different radio systems. Paying the subscription fees would eliminate an unnecessary obstacle that works against the idea of creating a statewide network, it says.

Another resolution called for establishing hearing loss and breast, lung, and prostate cancers as presumptive occupational diseases and making law enforcement officers, firefighters, EMTs, and other first responders eligible to receive worker’s compensation.

The Town also passed a resolution supporting efforts to allow retired certain positions – like patrol-level police officers, and water and wastewater workers – to return to work for hard-to-fill positions within departments with vacancy rates of 20% or higher and continue to receive their pensions. Current law doesn’t allow them to do so.

“All of the resolutions are important to us in different ways,” Torres said of the slate approved by the Council in November.

The Town Council also passed a resolution to increase funding “to adequately address” behavioral health needs. It refers to substance abuse and use disorders from alcohol and illicit drug use), particularly concerning youth and young adults. Noting that New Mexico ranks fifth in suicide deaths and rising depressive episodes, the resolution acknowledges that unaddressed mental health problems leads to bigger problems, like homelessness, poverty, unemployment and negatively impacts the local economy.

Housing is addressed in a resolution supporting the Municipal League’s proposal for the governor, Legislature, Department of Finance and Administration, and other agencies to work together to develop solutions to housing shortages throughout the state. Noting the negative impact short-term rentals have had on the housing market, the resolution states that municipalities are restricted in how much relief they can provide families. The Municipal League’s proposal allows for amendments to the New Mexico Housing Act that would provide additional relief.

A 10th and technical resolution urges the governor and Legislature to change language in the law regarding nutrient target values and to identify a funding source for water quality testing. The resolution states that the New Mexico Environment Department’s current target nutrient levels “are not technologically achievable.”

Mayor Torres said he was hopeful a lot could get accomplished this year, even though the 2024 session is slated for just 30 days. He finished by again expressing his appreciation for local legislators, Reps. Lente and Martinez and Sen. McKenna. He said politicians often get criticized, but the three carrying Bernalillo’s interests into the Roundhouse this year are good ones.

“In our case, we’re fortunate and blessed. All three look out for us,” he said.

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