SENATE BILL 212

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Nancy Rodriguez

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; CLARIFYING CONDITIONS FOR THE ISSUANCE OF BONDS; ESTABLISHING CONDITIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

 

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

     SECTION 1. SEVERANCE TAX BONDS--AUTHORIZATIONS-- APPROPRIATION OF PROCEEDS.--

          A. The state board of finance may issue and sell severance tax bonds in compliance with the Severance Tax Bonding Act in an amount not to exceed the total of the amounts authorized for purposes specified in this act. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated for the purposes specified in this act.

          B. The agencies named in this act shall certify to the state board of finance when the money from the proceeds of the severance tax bonds appropriated in this section is needed for the purposes specified in the applicable section of this act. If an agency has not certified the need for severance tax bond proceeds for a particular project by the end of fiscal year 2024, the authorization for that project is void.

          C. Before an agency may certify for the need of severance tax bond proceeds, the project must be developed sufficiently so that the agency reasonably expects to:

                (1) incur within six months after the applicable bond proceeds are available for the project a substantial binding obligation to a third party to expend at least five percent of the bond proceeds for the project; and

                (2) spend at least eighty-five percent of the bond proceeds within three years after the applicable bond proceeds are available for the project.

          D. Except as otherwise specifically provided by law:

                (1) the unexpended balance from the proceeds of severance tax bonds appropriated in this act for a project shall revert to the severance tax bonding fund no later than the following dates:

                     (a) for a project for which severance tax bond proceeds were appropriated to match federal grants, six months after completion of the project;

                     (b) for a project for which severance tax bond proceeds were appropriated to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the severance tax bond proceeds were made available for the purchase; and

                     (c) for any other project for which severance tax bonds were appropriated, within six months of completion of the project, but no later than the end of fiscal year 2026; and

                (2) all remaining balances from the proceeds of severance tax bonds appropriated for a project in this act shall revert to the severance tax bonding fund three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

          E. Except for appropriations to the capital program fund, money from severance tax bond proceeds provided pursuant to this act shall not be used to pay indirect project costs.

          F. Except for a project that was originally funded using a tax-exempt loan or bond issue, a project involving repayment of debt previously incurred shall be funded through the issuance of taxable severance tax bonds with a term that does not extend beyond the fiscal year in which they are issued.

          G. Money that is appropriated from the proceeds of severance tax bonds pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

          H. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

     SECTION 2. GENERAL FUND APPROPRIATIONS--LIMITATIONS-- REVERSIONS.--

          A. Except as otherwise specifically provided by law, the unexpended balance of an appropriation made in this act from the general fund shall revert:

                (1) no later than September 30 following:

                     (a) the end of fiscal year 2023 if the project for which an appropriation was made has less than five percent of the project's total appropriation amount subject to a binding written agreement with a third party on that date;

                     (b) the end of fiscal year 2024 for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project; or

                     (c) the end of fiscal year 2026 for a project for which an appropriation was made related to an inclusive construction or renovation project; or

                (2) within six months of completion of the project for any other project for which an appropriation was made, but no later than the end of fiscal year 2026.

          B. Money that is appropriated from the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

          C. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

     SECTION 3. FUND APPROPRIATIONS OTHER THAN GENERAL FUND-- LIMITATIONS--REVERSIONS.--

          A. Except as otherwise specifically provided by law:

                (1) the unexpended balance of an appropriation from a fund other than the general fund shall revert no later than the following dates:

                     (a) for a project for which an appropriation was made to match federal grants, six months after completion of the project;

                     (b) for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the appropriation was made for the purchase; and

                     (c) for any other project for which an appropriation was made, within six months of completion of the project, but no later than the end of fiscal year 2026; and

                (2) all remaining balances from an appropriation made in this act for a project shall revert three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

          B. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.

          C. Money that is appropriated from a fund other than the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

          D. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

     SECTION 4. ADMINISTRATIVE OFFICE OF THE COURTS PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the administrative office of the courts that the need exists for the issuance of the bonds, the following amounts are appropriated to the administrative office of the courts for the following purposes:

          1. eleven million dollars ($11,000,000) to plan, design, construct, renovate, furnish and equip a magistrate court in Clovis in Curry county;

          2. one hundred thirty thousand dollars ($130,000) to plan, design, construct, renovate, furnish and equip a magistrate court in Santa Rosa in Guadalupe county; and

          3. eighteen million dollars ($18,000,000) to plan, design, construct, renovate, furnish and equip a magistrate court in Santa Fe in Santa Fe county.

     SECTION 5. AGING AND LONG-TERM SERVICES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the aging and long-term services department that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the aging and long-term services department for emergency requests to plan, design, renovate, improve, equip and furnish senior centers, including the delivery and installation of building systems and the purchase and installation of meals equipment, and to purchase and equip vehicles for senior centers statewide.

     SECTION 6. BERNALILLO COUNTY METROPOLITAN COURT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Bernalillo county metropolitan court that the need exists for the issuance of the bonds, the following amounts are appropriated to the Bernalillo county metropolitan court for the following purposes:

          1. three hundred nineteen thousand dollars ($319,000) to plan, design, purchase, equip and install linear rope grippers to secure elevators at the Bernalillo county metropolitan court in Albuquerque in Bernalillo county;

          2. ninety-two thousand dollars ($92,000) to plan, purchase, equip and install magnetic locks at courtroom entrances at the Bernalillo county metropolitan court in Albuquerque in Bernalillo county; and

          3. one hundred twenty-nine thousand dollars ($129,000) to plan, purchase, equip, install and configure network switches at the Bernalillo county metropolitan court in Albuquerque in Bernalillo county.

     SECTION 7. BORDER AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the border authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the border authority for the following purposes:

          1. one million two hundred thousand dollars ($1,200,000) to plan, design and construct parking lot upgrades and improvements to the New Mexico border authority facilities in Santa Teresa in Dona Ana county; and

          2. two million two hundred twenty-five thousand dollars ($2,225,000) to plan, design and construct a one-million-gallon elevated water storage tank in Santa Teresa in Dona Ana county.

     SECTION 8. CAPITAL PROGRAM FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the facilities management division of the general services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the capital program fund for the following purposes:

          1. ten million dollars ($10,000,000) to plan, design, construct, renovate, replace and equip security, fire and safety upgrades at correctional facilities statewide;

          2. twenty million dollars ($20,000,000) to acquire land for and to plan, design, construct, furnish and equip a new administrative complex for the department of public safety in Albuquerque in Bernalillo county;

          3. nine hundred sixty-nine thousand dollars ($969,000) to plan, design, construct, furnish and equip parking lot, infrastructure and accessibility improvements at the Albert Amador building in Espanola in Rio Arriba county and at the Louise Brown building in Bernalillo in Sandoval county;

          4. one hundred seventy-seven thousand dollars ($177,000) to purchase, install and improve video surveillance systems and access control systems and for infrastructure improvements at commission for the blind facilities in Alamogordo in Otero county;

          5. five million dollars ($5,000,000) to plan, design, construct, equip and furnish a forensics building at New Mexico behavioral health institute in Las Vegas in San Miguel county;

          6. eight million five hundred thousand dollars ($8,500,000) to purchase a building for the children, youth and families department field services in Santa Fe in Santa Fe county;

          7. one million five hundred thousand dollars ($1,500,000) to plan, design, renovate, construct, furnish and equip, including demolition, improvements to laboratory facilities in the Harold Runnels building for the water protection division of the department of environment in Santa Fe in Santa Fe county;

          8. nine million one hundred eighty thousand dollars ($9,180,000) to plan, design, construct, renovate, improve, equip and furnish the John F. Simms Jr. building for the department of information technology in Santa Fe in Santa Fe county;

          9. three million dollars ($3,000,000) to plan, design, construct, renovate, furnish and equip the department of public safety headquarters building in Santa Fe in Santa Fe county;

          10. fifteen million dollars ($15,000,000) to plan, design, construct, furnish and equip, including demolition of existing structures, an executive office building on the main capitol complex in Santa Fe in Santa Fe county;

          11. twenty million dollars ($20,000,000) to plan, design, construct, furnish and equip a new veterans' home on the New Mexico veterans' home campus in Truth or Consequences in Sierra county;

          12. eight million four hundred thousand dollars ($8,400,000) to plan, design, construct, renovate, remediate, furnish, equip, purchase and install equipment, including the purchase and installation of information technology equipment, medical equipment and infrastructure systems, for department of health facilities statewide;

          13. five million dollars ($5,000,000) to plan, design, construct, renovate, furnish and equip infrastructure improvements at state police facilities statewide;

          14. ten million four hundred thousand dollars ($10,400,000) to plan, design, construct, renovate, remediate, furnish and equip facilities at state-owned facilities statewide;

          15. six hundred thousand dollars ($600,000) to plan, design, construct, improve, repair, furnish and equip veterans' cemeteries and memorials, including safety and security infrastructure, statewide;

          16. one million two hundred twenty-two thousand dollars ($1,222,000) to plan, design, repair and replace infrastructure at workforce solutions department offices statewide; and

          17. three million five hundred fifty-five thousand dollars ($3,555,000) to plan, design, construct, improve, renovate, furnish and equip facilities for the children, youth and families department statewide.

     SECTION 9. CULTURAL AFFAIRS DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the cultural affairs department that the need exists for the issuance of the bonds, the following amounts are appropriated to the cultural affairs department for the following purposes:

          1. one million four hundred sixty-five thousand dollars ($1,465,000) to plan, design, construct, repair, renovate and equip facilities and sites for stabilization, including infrastructure and site improvements, climate control and mechanical systems, at museums, monuments and historic sites statewide; and

          2. two million seven hundred ninety thousand dollars ($2,790,000) to plan, design, construct, improve, renovate, furnish and equip facilities and infrastructure, including fire suppression and mitigation, climate control, security systems and exhibits, at museums, monuments and historic sites statewide.

     SECTION 10. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Cumbres and Toltec scenic railroad commission that the need exists for the issuance of the bonds, one million one hundred thousand dollars ($1,100,000) is appropriated to the Cumbres and Toltec scenic railroad commission for track rehabilitation and related infrastructure improvements, including locomotive and boiler upgrades to comply with federal railroad administration standards, and for improvements to passenger cars for the Cumbres and Toltec scenic railroad operating between New Mexico and Colorado.

     SECTION 11. SECOND JUDICIAL DISTRICT COURT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the second judicial district court that the need exists for the issuance of the bonds, the following amounts are appropriated to the second judicial district court for the following purposes:

          1. two hundred thirty thousand two hundred eleven dollars ($230,211) to plan, design, construct, purchase, equip and install information technology and equipment, including hardware and software for servers, at the second judicial district court in Bernalillo county; and

          2. one hundred eighty-nine thousand seventy-six dollars ($189,076) to plan, design, construct, purchase, equip and install information technology and equipment, including storage array network server hardware and software, at the second judicial district court in Bernalillo county.

     SECTION 12. FOURTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the fourth judicial district court that the need exists for the issuance of the bonds, three hundred sixty-one thousand four hundred eighty-six dollars ($361,486) is appropriated to the fourth judicial district court to purchase, install, replace, furnish and equip infrastructure, including safety and security improvements and furniture for lobbies, jury rooms, courtrooms, chambers and conference rooms, at the fourth judicial district court in Las Vegas in San Miguel county.

     SECTION 13. EIGHTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the eighth judicial district court that the need exists for the issuance of the bonds, two hundred forty-three thousand dollars ($243,000) is appropriated to the eighth judicial district court to plan, design, construct, purchase, install and equip a backup power generator for the eighth judicial district court buildings in Raton in Colfax county and in Clayton in Union county.

     SECTION 14. ELEVENTH JUDICIAL DISTRICT COURT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the eleventh judicial district court that the need exists for the issuance of the bonds, the following amounts are appropriated to the eleventh judicial district court for the following purposes:

          1. two hundred sixty-seven thousand seven hundred eight dollars ($267,708) to plan, design, purchase, equip and install courtroom technology at the eleventh judicial district court buildings in McKinley and San Juan counties; and

          2. four hundred ninety-four thousand six hundred eighty-six dollars ($494,686) to plan, design, construct, renovate and equip improvements, including safety and security upgrades, at the eleventh judicial district court in Farmington in San Juan county.

     SECTION 15. THIRTEENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the thirteenth judicial district court that the need exists for the issuance of the bonds, two hundred nineteen thousand six hundred fifty-four dollars ($219,654) is appropriated to the thirteenth judicial district court to plan, design, replace, purchase and install safety and security improvements at the thirteenth judicial district court buildings in Cibola, Sandoval and Valencia counties.

     SECTION 16. ECONOMIC DEVELOPMENT DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the economic development department that the need exists for the issuance of the bonds, ten million dollars ($10,000,000) is appropriated to the economic development department to plan, design, construct and improve infrastructure in downtown main street districts and in local arts and cultural districts statewide.

     SECTION 17. PUBLIC EDUCATION DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the public education department that the need exists for the issuance of the bonds, three million seven hundred fifty thousand dollars ($3,750,000) is appropriated to the public education department to plan, design, construct, furnish and equip dormitories at the New Mexico school for the arts in Santa Fe in Santa Fe county.

     SECTION 18. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the energy, minerals and natural resources department that the need exists for the issuance of the bonds, ten million dollars ($10,000,000) is appropriated to the energy, minerals and natural resources department to plan, design and construct watershed restoration and community wildfire protection improvements, including forest thinning, statewide.

     SECTION 19. STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state parks division of the energy, minerals and natural resources department that the need exists for the issuance of the bonds, one million three hundred fifty thousand dollars ($1,350,000) is appropriated to the state parks division of the energy, minerals and natural resources department to plan, design and construct upgrades and improvements to water and wastewater systems and infrastructure at New Mexico state parks statewide.

     SECTION 20. OFFICE OF THE STATE ENGINEER PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, the following amounts are appropriated to the office of the state engineer for the following purposes:

          1. two million dollars ($2,000,000) to plan, design, construct, rehabilitate and make improvements to the Elephant Butte channel in Sierra county;

          2. one million five hundred thousand dollars ($1,500,000) to plan, design and construct habitat restoration projects in the Rio Grande, San Juan and Pecos river basins statewide; and

          3. two million one hundred thousand dollars ($2,100,000) to purchase, construct, install, map and calibrate surface and ground water measurement structures, equipment and related software statewide.

     SECTION 21. DEPARTMENT OF ENVIRONMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of environment that the need exists for the issuance of the bonds, one million five hundred thousand dollars ($1,500,000) is appropriated to the department of environment to plan, design and construct projects that improve surface water quality and river habitat statewide.

     SECTION 22. STATE FAIR COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state fair commission that the need exists for the issuance of the bonds, four million five hundred thousand dollars ($4,500,000) is appropriated to the state fair commission to plan, design, construct, furnish and equip improvements to facilities and grounds at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

     SECTION 23. DEPARTMENT OF FINANCE AND ADMINISTRATION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of finance and administration that the need exists for the issuance of the bonds, nine million dollars ($9,000,000) is appropriated to the department of finance and administration for the New Mexico mortgage finance authority to acquire, build and rehabilitate, including weatherization, affordable housing statewide, pursuant to the provisions of the New Mexico housing trust fund and the Affordable Housing Act.

     SECTION 24. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the homeland security and emergency management department that the need exists for the issuance of the bonds, two million two hundred thousand dollars ($2,200,000) is appropriated to the homeland security and emergency management department to plan, design, construct, purchase and equip a warehouse storage building at the homeland security and emergency management department in Santa Fe in Santa Fe county.

     SECTION 25. INDIAN AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Indian affairs department that the need exists for the issuance of the bonds, one million five hundred thousand dollars ($1,500,000) is appropriated to the Indian affairs department to plan, design, construct, renovate, remediate, furnish and equip improvements to the performing arts center, including demolition and abatement, at the Santa Fe Indian school in Santa Fe in Santa Fe county.

     SECTION 26. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of information technology that the need exists for the issuance of the bonds, twenty-six million dollars ($26,000,000) is appropriated to the department of information technology to plan, design, purchase, install and implement infrastructure to stabilize and modernize public safety radio communications systems statewide.

     SECTION 27. INDIAN WATER RIGHTS SETTLEMENT FUND--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, ten million six hundred thousand dollars ($10,600,000) is appropriated to the Indian water rights settlement fund. Notwithstanding the requirement for a joint resolution of the legislature in Subsection A of Section 72-1-11 NMSA 1978, if a corresponding commitment has been made for the federal portion of the settlements in the Aamodt case, the money may be expended by the interstate stream commission in fiscal year 2023 and subsequent fiscal years to implement the state's portion of the settlement, and any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

     SECTION 28. DEPARTMENT OF MILITARY AFFAIRS PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of military affairs that the need exists for the issuance of the bonds, five million one hundred fifty thousand dollars ($5,150,000) is appropriated to the department of military affairs to plan, design, construct, repair and equip improvements, including energy-efficient systems, and to correct infrastructure deficiencies at readiness centers statewide.

     SECTION 29. SPACEPORT AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the spaceport authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the spaceport authority for the following purposes:

          1. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, install, furnish and equip infrastructure improvements to grounds and facilities at spaceport America in Sierra county; and

          2. four million five hundred thousand dollars ($4,500,000) to plan, design and construct a spaceway taxiway, including improvements and upgrades associated with ancillary infrastructure, at spaceport America in Sierra county.

     SECTION 30. SUPREME COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the supreme court that the need exists for the issuance of the bonds, one million three hundred forty-three thousand dollars ($1,343,000) is appropriated to the supreme court to plan, design, replace, construct and install new equipment and lines associated with security, technology and sewer projects at the supreme court building in Santa Fe in Santa Fe county.

     SECTION 31. HIGHER EDUCATION DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the higher education department that the need exists for the issuance of the bonds, two million one hundred thousand dollars ($2,100,000) is appropriated to the higher education department to plan, design, construct, renovate, improve and replace water lines and roofs campuswide at the southwestern Indian polytechnic institute in Albuquerque in Bernalillo county.

     SECTION 32. EASTERN NEW MEXICO UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of eastern New Mexico university that the need exists for the issuance of the bonds, one hundred fifty thousand dollars ($150,000) is appropriated to the board of regents of eastern New Mexico university to plan, design, purchase and install furnishings and equipment at the Ruidoso branch campus of eastern New Mexico university in Lincoln county.

     SECTION 33. NEW MEXICO STATE UNIVERSITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico state university that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of New Mexico state university for the following purposes:

          1. ten million five hundred thousand dollars ($10,500,000) to plan, design, construct, renovate, furnish and equip, including abatement and demolition, the New Mexico department of agriculture building at New Mexico state university in Las Cruces in Dona Ana county; and

          2. one million dollars ($1,000,000) to plan, design, construct and renovate the exterior of the Rohovec fine arts center, including stucco, windows, roofing and doors, at the Alamogordo branch campus of New Mexico state university in Otero county.

     SECTION 34. UNIVERSITY OF NEW MEXICO PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the university of New Mexico that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of the university of New Mexico for the following purposes:

          1. four million dollars ($4,000,000) to plan, design, construct, renovate, furnish and equip a children's psychiatric center for the health sciences center at the university of New Mexico in Albuquerque in Bernalillo county; and

          2. four million dollars ($4,000,000) to plan, design, construct, renovate, furnish and equip an interprofessional health care simulation center for the health sciences center at the university of New Mexico in Albuquerque in Bernalillo county.

     SECTION 35. WESTERN NEW MEXICO UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of western New Mexico university that the need exists for the issuance of the bonds, two million dollars ($2,000,000) is appropriated to the board of regents of western New Mexico university to plan, design, construct, renovate, furnish and equip infrastructure improvements to Graham gymnasium, including roadway improvements to Kentucky street, at western New Mexico university in Silver City in Grant county.

     SECTION 36. VETERANS' SERVICES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the veterans' services department that the need exists for the issuance of the bonds, one hundred thousand dollars ($100,000) is appropriated to the veterans' services department to purchase, equip, furnish and install furniture, fixtures and equipment for the veterans' services department office space in Bernalillo county.

     SECTION 37. NEW MEXICO SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the New Mexico school for the blind and visually impaired that the need exists for the issuance of the bonds, nine hundred fifty thousand dollars ($950,000) is appropriated to the board of regents of the New Mexico school for the blind and visually impaired to plan, design, construct, purchase, install and equip a playground at the New Mexico school for the blind and visually impaired in Alamogordo in Otero county.

     SECTION 38. PUBLIC EDUCATION DEPARTMENT PROJECTS--APPROPRIATIONS FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--The following amounts are appropriated from the public school capital outlay fund to the public education department for expenditure in fiscal years 2022 through 2026, unless otherwise provided in Section 3 of this act, for the following purposes:

          1. one hundred thirty-two thousand five hundred dollars ($132,500) to purchase, install and equip district-owned school buses with cameras statewide; and

          2. five million one hundred ninety-four thousand dollars ($5,194,000) to purchase, replace and equip school buses for school districts statewide.

     SECTION 39. PUBLIC SCHOOL FACILITIES AUTHORITY-- DISTRIBUTIONS FOR PUBLIC SCHOOL PROJECTS--APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--Seventy-five million dollars ($75,000,000) is appropriated from the public school capital outlay fund to the public school facilities authority to make a distribution to each school district in fiscal year 2023 for the maintenance and repair of public school buildings in fiscal year 2023 and subsequent fiscal years. The public school facilities authority shall make the distribution to each school district in a manner such that each school district receives the greater of one hundred thousand dollars ($100,000) or a percentage of the total appropriation equal to the percentage attributable to that school district from the total distributions made to school districts for fiscal year 2023 pursuant to the Public School Capital Improvements Act. A distribution provided to a school district pursuant to the appropriation made in this section is not subject to any local match or offset otherwise required pursuant to the Public School Capital Outlay Act.  

     SECTION 40. MINERS' COLFAX MEDICAL CENTER PROJECTS--APPROPRIATIONS FROM THE MINERS' TRUST FUND.--The following amounts are appropriated from the miners' trust fund to the miners' Colfax medical center for expenditure in fiscal years 2022 through 2026, unless otherwise provided in Section 3 of this act, for the following purposes:

          1. one million dollars ($1,000,000) to acquire medical and other equipment for the miners' Colfax medical center hospital and long-term care facility in Raton in Colfax county; and 

          2. three hundred thousand dollars ($300,000) to plan, design, construct, renovate, expand and improve the parking lot at the miners' Colfax medical center hospital in Raton in Colfax county.

     SECTION 41. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE HABITAT MANAGEMENT FUND.--One million dollars ($1,000,000) is appropriated from the habitat management fund to the department of game and fish for wildlife and riparian habitat restoration, including conservation actions, and for improvements at properties owned by the state game commission statewide.

     SECTION 42. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATIONS FROM THE GAME PROTECTION FUND.--The following amounts are appropriated from the game protection fund to the department of game and fish for expenditure in fiscal years 2022 through 2026, unless otherwise provided in Section 3 of this act, for the following purposes:

          1. seven million dollars ($7,000,000) to plan, design, construct, rehabilitate and make improvements to Bear Canyon dam in Grant county;

          2. five million five hundred thousand dollars ($5,500,000) to plan, design, construct, renovate and equip infrastructure improvements at hatcheries owned by the state game commission statewide;

          3. five million dollars ($5,000,000) to acquire property for the state game commission statewide;

          4. one million dollars ($1,000,000) to plan, design and install fish barriers for restoration of Rio Grande cutthroat trout and Gila trout statewide; and

          5. one million dollars ($1,000,000) for wildlife and riparian habitat restoration, including conservation actions, and for improvements at properties owned by the state game commission statewide.

     SECTION 43. DEPARTMENT OF GAME AND FISH PROJECT-- APPROPRIATION FROM THE SIKES ACT ACCOUNT OF THE GAME PROTECTION FUND.--One million dollars ($1,000,000) is appropriated from the Sikes Act account of the game protection fund to the department of game and fish for expenditure in fiscal years 2023 through 2026, unless otherwise provided in Section 3 of this act, for wildlife and riparian habitat restoration, including conservation actions, and for improvements at properties owned by the state game commission statewide.

     SECTION 44. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT PROJECT--APPROPRIATION FROM THE FIRE PROTECTION FUND.--Notwithstanding the provisions of the Fire Protection Fund Law to the contrary, three hundred thousand dollars ($300,000) is appropriated from the fire protection fund to the homeland security and emergency management department for expenditure in fiscal years 2022 and 2023, unless otherwise provided in Section 3 of this act, to plan, design, construct and equip thermal lines at the burn building at the homeland security and emergency management department in Socorro in Socorro county.

     SECTION 45. EDUCATIONAL RETIREMENT BOARD PROJECT--APPROPRIATION FROM THE EDUCATIONAL RETIREMENT FUND.--Five million dollars ($5,000,000) is appropriated from the educational retirement fund to the educational retirement board for expenditure in fiscal years 2022 through 2026, unless otherwise provided in Section 3 of this act, to plan, design, construct, furnish, equip and make site improvements for a new educational retirement board facility in Santa Fe in Santa Fe county.

     SECTION 46. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE BIG GAME ENHANCEMENT ACCOUNT OF THE GAME PROTECTION FUND.--Three million dollars ($3,000,000) is appropriated from the big game enhancement account of the game protection fund to the department of game and fish for expenditure in fiscal years 2022 through 2026, unless otherwise provided in Section 3 of this act, for wildlife and riparian habitat restoration, including conservation actions, and for improvements at properties owned by the state game commission statewide.

     SECTION 47. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.

     SECTION 48. ART IN PUBLIC PLACES.--Pursuant to Section

13-4A-4 NMSA 1978 and where applicable, the appropriations

authorized in this act include one percent for the art in public places fund.

     SECTION 49. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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