Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Martinez, R.

ORIGINAL DATE

LAST UPDATED

2-19-07

HB

SHORT TITLE Rio Arriba Youth Environmental Conservation

SB 1020

ANALYST Aubel

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$150.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Relates to SB 294 and HB 419

Relates to Appropriation in the General Appropriation Act

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

See

narrative Recurring

GF

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 1020

SOURCES OF INFORMATION

LFC Files

Responses Received From

Office of the State Engineer (OSE)

New Mexico Environment Department (NMED)

Youth Conservation Corps (YCC)

Department of Cultural Affairs (DCA)

SUMMARY

Synopsis of Bill

Senate Bill 1020 appropriates $150.0 thousand from the general fund to the New Mexico

Environment Department for the purpose of supporting a youth environmental conservation

program in Rio Arriba County, including acequia restoration, cultural preservation and

conservation activities.

Senate Bill 1020 – Page

2

FISCAL IMPLICATIONS

The appropriation of $150.0 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY08 shall revert to the

general fund.

SB 1020 does not direct whether the appropriation would only support the activities of the youth

conservation program or whether the appropriation would cover any staffing costs. Assuming

the $150.0 thousand would only support the activities, NMED specifies additional funding would

be required to support staff to oversee this program within the Environment Department under

the Surface Water Bureau. Two additional Full Time Equivalents (FTEs) to oversee and direct

the program would cost approximately $100.0 thousand in additional administrative support.

One FTE administrative position would approximate $30.0 thousand.

SIGNIFICANT ISSUES

The federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) has identified

“alternative activities,’ notably including summer and after-school employment opportunities for

older youth, as a key strategy for preventing and dissociating gang involvement and for reducing

youth-involved property crime.

Currently, NMED has no youth environmental conservation program and nothing in place to

support such a program. The Environment Department’s Surface Water Bureau oversees

acequias in New Mexico. Watershed restoration is part of that bureau.

The New Mexico Youth Conservation Corps Act (Section 9-5B-2 NMSA 1978) was established

in 1992 to provide a process to employ youth in public projects that conserve New Mexico’s

natural resources and provide community benefits of lasting value. The New Mexico Youth

Conservation Corps was established under the New Mexico Energy, Minerals and Natural

Resources Department.

According to the New Mexico Energy, Minerals and Natural Resources Department Youth

Conservation Corps Annual Report for 2006, $223,372 has been appropriated for projects in Rio

Arriba County.

DCA notes that a variety of information on acequias and cultural properties is kept by the

department’s Historic Preservation Division. Because preservation statutes might apply to

projects designed for public or private land, the need to consult these files through the Historic

Preservation Division should be incorporated into the proposed youth environmental

conservation program. A related activity, partially funded through the Historic Preservation

Division, was carried out by the Okay Owingah Housing Authority on Pueblo land in Rio Arriba

County using state-of-the art Global Information System (GIS) technology. This experience

could serve as a model for the project proposed in SB 1020.

PERFORMANCE IMPLICATIONS

Because NMED does not currently have a youth program, implementing this appropriation

would require hiring additional staff to oversee the program and administrative support to assist

in hiring and overseeing the youth.

Senate Bill 1020 – Page

3

ADMINISTRATIVE IMPLICATIONS

NMED expressed concerns that it could be perceived as discriminative by supporting only Rio

Arriba County. Projects and funding for other counties and areas of the state would not be

eligible for assistance through this appropriation. NMED also noted that the additional full time

staff would require knowledge of Child Labor Laws under the State of New Mexico.

DCA maintains that project planners will need to consult with DCA’s Historic Preservation

Division to determine whether planned activities on state or private land must comply with

existing statutes, including 18-6-1 through 17 NMSA 1978, 18-6A-1 through 6 NMSA 1978, and

18-8-1 through 8 NMSA 1978. Project planners would consult with the Historic Preservation

Division for planned activities on federal land under 36 CFR 800.

All agencies point out that SB 1020 does not indicate how the program would be sustained or

funded in the future.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to the $2.5 million recommended in the Governor’s Executive Budget Recommendation

as part of the FY08 Office of Workforce Training and Development (OWTD) operating budget

for a year-round youth employment program. The recommended appropriation is one of the

Governor’s initiatives for OWTD during FY08.

Relates to House Labor and Human Resources Committee substitute for House Bill 419, which

appropriates $5.0 million from the general fund to OWTD for FY07 and FY08 to fund a

statewide summer youth employment pilot program.

Relates to SB 11117 and HB 111, which would appropriate funding in the same amount ($150

thousand) for what appears to be management or administrative functions to establish water

restoration strategies in the upper Chimayo watershed, a portion of Rio Arriba County.

TECHNICAL ISSUES

NMED points out that SB 1020 does not contain a history of restoration needs in Rio Arriba

County, a description of what conservation activities are proposed, nor does the term “support"

define administrative support or project support. Thus NMED concludes it is unclear how it

would utilize the appropriation to comply with its intent.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

EMNRD suggests that watershed conditions and acequias may continue aging, with resulting

deterioration and lost opportunities for water conservation. The opportunity for youth to

participate in the respiration efforts and cultural heritage would be lost.

POSSIBLE QUESTIONS

1.

Would another state agency, such as OWTD, be better suited to carry out this important

program.

Senate Bill 1020 – Page

4

2.

As an alternative, could the $150.0 thousand appropriation be made to the YCC for a

grant to carry out the programs’ directives.

MA/mt