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

SPONSOR McCoy

ORIGINAL DATE

LAST UPDATED

2/7/2007

HB 495

SHORT TITLE Soil & Water Conservation Districts

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$550.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 12

Relates to HB 62

SOURCES OF INFORMATION

LFC Files

Responses Received From

New Mexico State University – Department of Agriculture (NMSU-DA)

Environment, Mineral, & Natural Resources Department (EMNRD)

Higher Education Department (HED)

SUMMARY

Synopsis of Bill

House Bill 495 appropriates $550,000 from the General fund to the Board of Regents of NMSU

for expenditure in FY 2008 for operating expenses of the Soil and Water Conservation Commis-

sion (SWCC) and for management of Soil and Water Conservation Districts (SWCD). and opera-

tion of district programs and projects.

FISCAL IMPLICATIONS

The appropriation of $550,000 contained in this bill is a recurring expense to the General Fund. .

Any unexpended or unencumbered balance remaining at the end of FY 2008 shall revert to the

General Fund.

House Bill 495 – Page

2

SIGNIFICANT ISSUES

House Bill 495 supports the operation and management of 47 soil and water conservation dis-

tricts. The SWCC is a seven member commission appointed by the Governor, but currently has

no staff and no mechanism for receiving or distributing funds. Staffing for the commission is

provided by the New Mexico Department of Agriculture (NMDA). Fiscal management, over-

sight and accountability functions are conducted by NMDA and New Mexico State University.

The Soil and Water Conservation District Act (73-20-25 through 73-20-48 NMSA 1978) states

that the Soil and Water Conservation Commission may advise NMDA and the NMSU Board of

Regents on any matter affecting soil and water conservation

.

The SWCC does not currently receive or manage a budget of its own; non-employee travel and

mileage is reimbursed to SWCC members from the NMDA budget.

NMSU-DA Analysis

An analysis by the NMSU general counsel indicates that HB 495 expands the

authority and powers of the SWCC beyond the statutory provisions which cre-

ated the SWCC. The SWCC’s role is advisory to the NMSU board of regents.

The New Mexico department of agriculture (NMDA) works directly with the

SWCC on behalf of the board of regents in carrying out SWCD programs and

in its work with the SWCC

This request was submitted to HED by New Mexico State University (NMSU) but was not in-

cluded in the Department’s funding recommendation for FY08.

ADMINISTRATIVE IMPLICATIONS

House Bill 495 creates a potential unintended conflict between the SWCC and the SWCDs be-

cause the SWCC acts as an advisory body to NMDA with other clear responsibilities to SWCDs

as delineated in the statutory language in Sections 73-20-25 through 73-20-48.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 495 relates to SB 62 which provides federal matching funds to NMSU for water con-

servation and resource restoration.

House Bill 495 is a duplicate of SB 12.

AMENDMENTS

As proposed by the New Mexico Department of Agriculture:

Amend HB 495 to remove the language naming the SWCC as a recipient of

funding; or create a legal mechanism to allow the SWCC to receive and man-

age its own budget.

BM/sb