SENATE BILL 309
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Nancy Rodriguez
AN ACT
RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OR TRANSFER OF UNEXPENDED BALANCES OF APPROPRIATIONS MADE BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SEVERANCE TAX BONDS--REVERSION OF PROCEEDS.--
A. Except as otherwise provided in another section of this act:
(1) the unexpended balance from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund:
(a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or
(b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and
(2) all remaining balances from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund three months after the reversion date for the unexpended balances.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
SECTION 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS--REVERSIONS.--
A. Except as otherwise provided in another section of this act:
(1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:
(a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or
(b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and
(2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance.
B. Except as provided in Subsection C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.
C. The balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert pursuant to Subsection A of this section to the tribal infrastructure project fund.
D. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
SECTION 3. CLOVIS MAINSTREET DISTRICT IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The time of expenditure for the local government division project in Subsection 168 of Section 34 of Chapter 277 of Laws 2019 to plan, design and construct mainstreet district site, lighting and sidewalk improvements, including the purchase and installation of public art, in downtown Clovis in Curry county is extended through fiscal year 2025.
SECTION 4. TEXICO WATER TANK IMPROVEMENTS--EXPAND PURPOSE--EXTEND TIME--GENERAL FUND.--The department of environment project in Subsection 17 of Section 26 of Chapter 277 of Laws 2019 to plan, design, repair and rehabilitate a water tank in Texico in Curry county may include the repair and rehabilitation of multiple water tanks. The time of expenditure is extended through fiscal year 2025.
SECTION 5. LOS ALAMOS COUNTY AFFORDABLE HOUSING INFRASTRUCTURE CONSTRUCTION--EXTEND TIME--GENERAL FUND.--
The time of expenditure for the local government division project in Subsection 273 of Section 34 of Chapter 277 of Laws 2019 to plan, design and construct affordable housing infrastructure in Los Alamos county is extended through fiscal year 2025.
SECTION 6. LAS ACEQUIAS DE PLACITAS WATER COOPERATIVE WATER SYSTEM IMPROVEMENTS--CHANGE TO IMPROVE ACEQUIAS AND IRRIGATION PONDS--CHANGE AGENCY--SEVERANCE TAX BONDS.--Up to one hundred thousand dollars ($100,000) of the unexpended balance of the appropriation to the interstate stream commission in Subsection 38 of Section 29 of Chapter 53 of Laws 2022 to plan, design and construct water system improvements and remediation for las acequias de Placitas water cooperative in Sandoval county shall not be expended for the original purpose but is appropriated to the local government division to plan, design and construct acequia, drainage and irrigation improvements and to make improvements to irrigation ponds for las acequias de Placitas water cooperative.
SECTION 7. ZAFARANO DRIVE CONSTRUCTION--CHANGE TO AGUA FRIA COMMUNITY WATER DISTRIBUTION SYSTEM CONSTRUCTION--CHANGE AGENCY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the department of transportation in Subsection 135 of Section 40 of Chapter 277 of Laws 2019 to purchase easements and rights of way for and to plan, design, extend and construct Zafarano drive from Rufina street to Agua Fria street in Santa Fe county shall not be expended for the original purpose but is appropriated to the department of environment to acquire water rights, including applications and transfers, and to plan, design and construct improvements to water distribution systems, including well and water line extensions, for the Agua Fria community water system association in Santa Fe county. The time of expenditure is extended through fiscal year 2025.
SECTION 8. ZAFARANO DRIVE CONSTRUCTION--CHANGE TO AGUA FRIA COMMUNITY WATER DISTRIBUTION SYSTEM CONSTRUCTION--CHANGE AGENCY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the department of transportation in Subsection 97 of Section 33 of Chapter 138 of Laws 2021 to purchase easements and rights of way for and to plan, design, extend and construct Zafarano drive from Rufina street to Agua Fria street in Santa Fe county shall not be expended for the original purpose but is appropriated to the department of environment to acquire water rights, including applications and transfers, and to plan, design and construct improvements to water distribution systems, including well and water line extensions, for the Agua Fria community water system association in Santa Fe county. The time of expenditure is extended through fiscal year 2025.
SECTION 9. EL GUICU COMMUNITY DITCH IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The time of expenditure for the interstate stream commission project in Subsection 58 of Section 33 of Chapter 277 of Laws 2019 to plan, design, construct, purchase, equip and make improvements, including watershed restoration and fire protection, to El Guicu community ditch in Santa Fe county is extended through fiscal year 2025.
SECTION 10. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.