HOUSE EDUCATION COMMITTEE SUBSTITUTE FOR

HOUSE BILL 359

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO GEOSPATIAL RESOURCES; ENACTING THE GEOSPATIAL RESOURCES ACT; CREATING A GEOSPATIAL COORDINATOR; REQUIRING A STATEWIDE, LONG-RANGE GEOSPATIAL INFORMATION SYSTEM STRATEGIC PLAN; CREATING THE GEOSPATIAL RESOURCES CLEARINGHOUSE; PROVIDING POWERS AND DUTIES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Geospatial Resources Act".

     Section 2. PURPOSE.--The purpose of the Geospatial Resources Act is to facilitate the development, design, acquisition, sharing and deployment of geospatial data crucial to addressing cross-jurisdictional issues.

     Section 3. DEFINITIONS.--As used in the Geospatial Resources Act:

          A. "clearinghouse" means the geospatial resources clearinghouse;

          B. "coordinator" means the geospatial coordinator; and

          C. "geospatial" means the synthesis of geographic, demographic, statistical, mapping or other data sets in an electronic format.

     Section 4. GEOSPATIAL COORDINATOR CREATED--DUTIES--POWERS.--The "geospatial coordinator" is created in the office of the chief information officer. The coordinator shall be certified or have comparable demonstrated experience in geospatial technology. The coordinator is subject to the provisions of the Personnel Act. The coordinator shall:

          A. by July 1, 2007 develop, with the approval of the information technology commission, a state geospatial information technology strategic plan, oversee the plan's implementation and provide a yearly update by July 1 of each year;

          B. coordinate geospatial activities in the state with and through the clearinghouse;

          C. facilitate and develop collaborative geospatial data acquisition and delivery activities and opportunities for existing and emerging geospatial technology;

          D. develop collaborative efforts to avoid or minimize redundancy in geospatial activities among state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

          E. administer, through the office of the chief information officer, contracts for geospatial activities with state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

          F. apply for and administer grants relating to geospatial activities for state agencies and, as appropriate, for or in conjunction with local governments, tribal governments, universities, federal agencies or private sector entities;

          G. chair the geospatial resources advisory committee;

          H. represent state agencies on other state and national geospatial initiatives and committees;

          I. coordinate geospatial data acquisition among state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

          J. through the office of the chief information officer, oversee geospatial projects of statewide significance among state agencies and, as appropriate, for or in conjunction with local governments, tribal governments, universities, federal agencies or private sector entities;

          K. facilitate geospatial information distribution and outreach among state agencies, local governments, tribal governments, universities, federal agencies or private sector entities; and

          L. through the office of the chief information officer, enter into contracts and agreements, including joint powers agreements, with state agencies and, as appropriate for or in conjunction with local governments, tribal governments, universities, federal agencies or private sector entities.

     Section 5. GEOSPATIAL RESOURCES CLEARINGHOUSE ESTABLISHED.--

          A. The "geospatial resources clearinghouse" is created within the university of New Mexico to serve as a collaborative center for geospatial maps, images and data and to provide support to the resource geographic information system program and the earth data analysis center of the university. The clearinghouse shall:

                (1) coordinate, acquire, manage, maintain, secure and deliver geospatial data to state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

                (2) ensure compliance with the Public Records Act for geospatial data that originates with a state agency or local government;

                (3) provide online access to other geospatial data repositories, distributed data resources and mapping services developed or maintained and for use by state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

                (4) coordinate the data needs for pilot and prototype geospatial mapping projects in conjunction with state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

                (5) participate in the development and implementation of the state geospatial information technology strategic plan;

                (6) provide reference maps, images and data for geospatial information system projects and mapping support services for and among state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

                (7) collaborate with state agencies, local governments, tribal governments, universities, federal agencies or private sector entities to facilitate the coordination of geospatial data acquisition;

                (8) serve as the reference repository for common geospatial data in the state; provided, however, that the originating agency or entity retains custody and responsibility of the data generated by the agency or entity;

                (9) create and maintain a digital map library and an inventory of maps and aerial photographs of the state;

                (10) maintain a comprehensive inventory and index of public domain spatial data sets;

                (11) coordinate and facilitate statewide geospatial information system training opportunities, outreach and technical support programs for state agencies, local governments, tribal governments, universities, federal agencies or private sector entities;

                (12) implement systems that are compliant with web-based standards and best practice technologies;

                (13) participate in the identification, development and implementation of state geospatial standards and facilitate adherence to those standards; and

                (14) submit an annual report to the information technology commission, the legislative finance committee and an appropriate interim legislative committee that includes:

                     (a) an index and inventory of geospatial information;

                     (b) descriptions of how geospatial information is accessed, utilized and managed; and

                     (c) a summary of what is required to ensure that geospatial information is current, updated, accurate and maintained.

          B. The clearinghouse may:

                (1) enter into contracts and agreements, including joint powers agreements, with state agencies, local governments, tribal governments, universities, federal agencies or private sector entities to share or provide geospatial data and services;

                (2) coordinate geospatial projects with state agencies, local governments, tribal governments, universities, federal agencies or private sector entities; and

                (3) combine or leverage funds from state agencies, local governments, tribal governments, universities, federal agencies or private sector entities to carry out the purposes of the clearinghouse.

          C. Money collected from charges for services performed by the clearinghouse may be retained by the clearinghouse and budgeted for future expenditure.

     Section 6. APPROPRIATION.--

          A. Three hundred thousand dollars ($300,000) is appropriated from the general fund in the following manner:

                (1) one hundred fifty thousand dollars ($150,000) to the board of regents of the university of New Mexico for expenditure in fiscal year 2008 to establish and operate the geospatial resources clearinghouse; and

                (2) one hundred fifty thousand dollars ($150,000) to the office of the chief information officer for expenditure in fiscal year 2008 for the duties and responsibilities of the geospatial coordinator.

          B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.

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