TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 12 SANITARY
PROJECTS
PART 2 BOARD
OF DIRECTOR TRAINING REQUIREMENTS
20.12.2.1 ISSUING
AGENCY: New Mexico Environment Department.
[20.12.2.1 NMAC - N,
4/15/2008]
20.12.2.2 SCOPE: This
part governs the training required of members of the board of directors of
mutual domestic associations pursuant to the Sanitary Projects Act, Sections
3-29-1 through 3-29-20 NMSA 1978.
[20.12.2.2 NMAC - N,
4/15/2008]
20.12.2.3 STATUTORY
AUTHORITY: 20.12.2 NMAC is adopted pursuant to the
Sanitary Projects Act, Sections 3-29-6 and 3-29-9 NMSA 1978.
[20.12.2.3 NMAC - N,
4/15/2008]
20.12.2.4 DURATION:
Permanent.
[20.12.2.4 NMAC - N,
4/15/2008]
20.12.2.5 EFFECTIVE
DATE: April 15, 2008, unless a later date is cited
at the end of a section.
[20.12.2.5 NMAC - N,
4/15/2008]
20.12.2.6 OBJECTIVE: The
purposes of this part are:
A. to standardize
the requirement for training and provide minimum criteria for training of
members of the board of directors of mutual domestic associations pursuant to
the act;
B. to encourage
board members to seek additional training to better understand their roles and
responsibilities pursuant to the act; and
C. to encourage
technical assistance providers to develop training courses and provide
guidelines for the content of those courses.
[20.12.2.6 NMAC - N,
4/15/2008]
20.12.2.7 DEFINITIONS:
A. “Act” means the Sanitary Projects Act,
Sections 3-29-1 through 3-29-20 NMSA 1978.
B. “Board of directors” or “board members” means the directors
elected by the mutual domestic association in accordance with its certificate
of association and bylaws and responsible for the administration, operation,
and maintenance of the association.
C. “Department” means the New Mexico
environment department.
D. “Mutual domestic association” means an
association organized under the provisions of the act.
E. “Secretary” means the secretary of the
New Mexico environment department, the secretary’s designee, or any person who
properly assumes the role of the secretary in the event of the secretary’s
recusal or disqualification.
F. “Technical service provider” means any
individual, business, learning institution, or entity to include the department
that provides assistance in the form of department approved training to any
mutual domestic association.
[20.12.2.7 NMAC - N,
4/15/2008]
20.12.2.8 POWERS
AND DUTIES OF DEPARTMENT AND SECRETARY:
A. The department
shall exercise all powers and duties prescribed under this part.
B. The secretary
shall have the authority to take all measures necessary to review and approve
specific training course content developed by the department or a technical
service provider and act on behalf of the department.
[20.12.2.8 NMAC - N,
4/15/2008]
20.12.2.9 INITIAL
AND CONTINUING TRAINING TOPICS:
A. The following
topics are the minimum required subject areas for initial training of mutual
domestic board of director members:
(1)
responsibilities of governing bodies (certificate of association,
bylaws, election procedures and Governmental Conduct Act);
(2) Sanitary Projects Act;
(3) Safe Drinking Water Act and drinking water
regulations;
(4) Utility Operator Certification
regulations;
(5) Open Meetings Act;
(6) Inspection of Public Records Act;
(7) Audit Act and Requirements for Contracting
and Conducting Audits of Agencies;
(8) State Procurement Code;
(9) office of the state engineer reports and
requirements; and
(10) basic accounting, budgeting, and rate
setting.
B. The department
shall maintain a list of approved courses for continuing training.
[20.12.2.9 NMAC - N,
4/15/2008]
20.12.2.10 APPLICATION
OF TRAINING REQUIREMENTS:
A. Board members
shall complete a minimum of twelve hours of initial training:
(1) within two years of election or
appointment to a board of directors and shall complete a minimum of six hours
of training within the first year; and
(2) within two years of re-election, or
appointment to a board of directors after interruption in service on a board
greater than four years and shall complete a minimum of six hours completed the
first year.
B. To maintain
certification after completion of the initial training, board members must
complete a total number of credits equivalent to two hours of continuing
training during each year of their elected or appointed term. Any board member may carry up to six hours of
excess credits earned over to the next compliance year(s) within the board
member’s term of office. Excess credits
may not be carried over to a board member’s subsequent term of office.
[20.12.2.10 NMAC -
N, 4/15/2008]
20.12.2.11 TRACKING
AND RECORDATION OF INITIAL AND CONTINUING TRAINING:
A. Mutual domestic
associations shall track and record the required and continuing training
received by members of their board of directors, including the following
information:
(1) course title and content shall be recorded
for each board member;
(2) total course hours shall be recorded for
each board member; and
(3) date, location and provider of the
training shall be recorded for each board member.
B. Mutual domestic
associations shall submit to the department a certificate of compliance with
the requirement for board training as part of the member accountability report
required by the act demonstrating compliance of each board member with the
requirements for the initial and continuing training.
C. At the
conclusion of any training, a certificate of completion shall be issued to the
board member by the technical service provider or entity providing the training
that documents the date and location of training, course title and description,
total hours of training for each topic, name of the trainer or trainers.
D. Technical
service providers will submit to the department a summary of each training
event including the date(s) and location(s) of training, course title and
description, total hours of training for each topic, name of the trainer or
trainers, and a list of attendees that successfully completed the training and
the water system they represent. The
information reported to the department shall be in an electronic format as
directed by the department.
[20.12.2.11 NMAC -
N, 4/15/2008]
20.12.2.12 APPROVAL
OF COURSE CONTENT:
A. The department
shall approve in writing all training courses and associated credit hours
intended to comply with this part.
B. Technical service
providers shall submit proposed training to the secretary for approval at least
30 days in advance of any proposed class.
Proposals will include a description of course content and time allotted
to each topic, and total course credit hours.
C. Each initial
course shall consist of all or some of the topics listed in Subsection A of
20.12.2.9 NMAC above.
D. Each continuing
training course shall be approved by the department.
[20.12.2.12 NMAC -
N, 4/15/2008]
20.12.2.13 EFFECTIVE
COMPLIANCE DATE:
A. This part shall
become effective 12 months after promulgated.
B. Training
approved by the department and attended by mutual domestic board members in the
12 months prior to the promulgation of this part shall be credited to board
members toward compliance with the requirements of this part.
[20.12.2.13 NMAC -
N, 4/15/2008]
HISTORY OF 20.12.2 NMAC:
[RESERVED]