SENATE BILL 246

56th legislature - STATE OF NEW MEXICO - second session, 2024

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. TEXICO WATER TANK IMPROVEMENTS--CHANGE TO CURRY COUNTY FAIRGROUND IMPROVEMENTS--CHANGE AGENCY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the department of environment originally authorized in Subsection 17 of Section 26 of Chapter 277 of Laws 2019 and reauthorized in Laws 2023, Chapter 203, Section 87 to plan, design, repair and rehabilitate water tanks in Texico in Curry county shall not be expended for the original or reauthorized purpose but is appropriated to the local government division to plan, design, construct and improve the fairgrounds, including fencing, lighting, parking and buildings, in Curry county. The time of expenditure is extended through fiscal year 2026.

     SECTION 4. TEXICO WATER SYSTEM IMPROVEMENTS--CHANGE TO CURRY COUNTY FAIRGROUND IMPROVEMENTS--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of environment originally authorized in Subsection 56 of Section 26 of Chapter 81 of Laws 2020 and reauthorized in Laws 2022, Chapter 52, Section 49 to plan, design, construct and improve contaminated water systems in Texico in Curry county shall not be expended for the original or reauthorized purpose but is appropriated to the local government division to plan, design, construct and improve the fairgrounds, including fencing, lighting, parking and buildings, in Curry county. The time of expenditure is extended through fiscal year 2026.

     SECTION 5. THIRD JUDICIAL DISTRICT COURT CONSTRUCTION--CHANGE AGENCY--GENERAL FUND.--The unexpended balance of the appropriation to the third judicial district court in Laws 2023, Chapter 199, Section 13 to plan, design, construct and equip an addition to the third judicial district court facility in Dona Ana county is appropriated to the local government division for that purpose.

     SECTION 6. JEMEZ SPRINGS WASTEWATER TREATMENT PLANT EQUIPMENT--CHANGE TO WASTEWATER TREATMENT PLANT AND COLLECTION SYSTEM IMPROVEMENTS--GENERAL FUND.--The unexpended balance of the appropriation to the department of environment in Subsection 105 of Section 19 of Chapter 199 of Laws 2023 to plan, design, construct, purchase and improve operational equipment for the wastewater treatment plant in Jemez Springs in Sandoval county is changed to plan, design, construct, purchase, equip and improve the wastewater treatment plant and collection system in Jemez Springs.

     SECTION 7. ASK ACADEMY CHARTER SCHOOL IMPROVEMENTS--EXPAND PURPOSE--GENERAL FUND.--The public education department project in Subsection 192 of Section 16 of Chapter 199 of Laws 2023 to plan, design, construct, furnish and equip improvements to buildings and grounds at the ASK Academy charter school, including fencing, information technology, security infrastructure and installation of related equipment, in Rio Rancho in Sandoval county may include the purchase of property, buildings and equipment.

     SECTION 8. SANTA FE SUPPORTIVE HOUSING FACILITIES RENOVATION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 401 of Section 35 of Chapter 81 of Laws 2020 to plan, design, construct and renovate a facility for homeless and below-market renters, including housing and services, in Santa Fe in Santa Fe county is extended through fiscal year 2026.

     SECTION 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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