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F I S C A L I M P A C T R E P O R T

SPONSOR Campos

DATE TYPED 1/31/05

HB

SHORT TITLE

SB SJR 6

ANALYST Moser

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY05

FY06

0

0

Unknown

N/A

N/A

(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Transportation (DOT)

General Services Department(GSD)

Energy, Minerals, and Natural Resources (EMNR)

SUMMARY

Synopsis of Bill

Senate Joint Resolution 6, because of a requirement in NMSA 1978, Section 13-6-3 that the leg-

islature ratify and approve any sale, trade or lease of state property for a period exceeding

twenty-five years and of over $100,000 in value, seeks to provide legislative approval for the

General Services Department to transfer property ownership of two airport runways to the Avia-

tion Division of the Department of Transportation (DOT). The airport runways are located

within two state parks but were deeded to the Property Control Division (PCD) of the General

Services Department. Included in the resolution are descriptions of the properties, and findings

that the runways are operated by the State Parks Division of the Energy, Minerals and Natural

Resources Department (EMNRD); that neither state parks nor PCD are able to maintain the run-

ways; that DOT can maintain runways; and that it is in the best interest of the state to have prop-

Senate Joint Resolution 6 -- Page 2

erly maintained runways.

Significant Issues

The State Parks Division (SPD) of the Energy, Minerals and Natural Resources Department

(EMNRD) and the General Services Department support SJR 6. In the 1960’s DOT acquired

lands and constructed airport runways near Conchas Lake State Park (San Miguel County) and

Navajo Lake State Park (San Juan County). In 1979, DOT deeded the property in San Miguel

County to the General Services Department (GSD) to hold for the benefit of SPD. In 1982, DOT

deeded the property in San Juan County to GSD to hold for the benefit of State Parks Division

(SPD). SPD has never had the operating funds or expertise to properly maintain the airport run-

ways and sought assistance from DOT for maintenance and upgrade. In 1996 a Joint Powers

Agreement between EMNRD and DOT (formerly the New Mexico State Highway and Transpor-

tation Department) was executed to effect this change in operators. Since then DOT has spent

considerable amounts of money on the airport runways to keep them operable. SPD has neither

the capital nor operating funds to maintain these runways, nor does it have the staff or expertise

to do so. SPD supports the transfer of ownership to DOT.

Federal money can only be used to maintain the airstrips if they are owned by DOT. GSD sup-

ports transfer of this property to DOT in order to properly align responsibilities for operations

and maintenance with ownership of the runways.

PERFORMANCE IMPLICATIONS

Will result in better maintained and operated small aircraft runways at Conchas Lake and Navajo

Lake to benefit the public as well as state agencies that utilize these facilities.

FISCAL IMPLICATIONS

DOT’s Aviation Division will be able to receive and utilize federal grant monies to improve both

facilities.

ADMINISTRATIVE IMPLICATIONS

There will be minimal administrative impact to SPD mainly involving the review and approval

of transfer documents.

OTHER SUBSTANTIVE ISSUES

DOT’s Aviation Division has the authority, Section 64-1-13 (H) (1), NMSA 1978, “… to acquire

property, real or personal or any interest therein … as are necessary to permit safe and efficient

operation of the airports or air navigation facilities.” SJR 6 achieves alignment between owner-

ship of private aircraft runways and DOT’s Aviation Division.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Ownership will remain with Property Control Division, which has no maintenance funding or

capability. Federal funding could possibly be forfeited for these runways.

EM/lg:yr