SENATE BILL 471
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Carlos R. Cisneros
AN ACT
RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; CLARIFYING CONDITIONS FOR THE ISSUANCE OF BONDS; ESTABLISHING CONDITIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SEVERANCE TAX BONDS--AUTHORIZATIONS--APPROPRIATION OF PROCEEDS.--
A. The state board of finance may issue and sell severance tax bonds in compliance with the Severance Tax Bonding Act in an amount not to exceed the total of the amounts authorized for purposes specified in this act. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated for the purposes specified in this act.
B. The agencies named in this act shall certify to the state board of finance when the money from the proceeds of the severance tax bonds authorized in this section is needed for the purposes specified in the applicable section of this act. If an agency has not certified the need for the issuance of the bonds for a particular project, including projects that have been reauthorized, by the end of fiscal year 2010, the authorization for that project is void.
C. Before an agency may certify for the issuance of severance tax bonds, the project must be developed sufficiently so that the agency reasonably expects to:
(1) incur within six months after the applicable bonds have been issued a substantial binding obligation to a third party to expend at least five percent of the bond proceeds for the project; and
(2) spend at least eighty-five percent of the bond proceeds within three years after the applicable bonds have been issued.
D. Except as otherwise provided in this section or another section of this act, the unexpended balance from the proceeds of severance tax bonds issued for a project, including projects that have been reauthorized, shall revert to the severance tax bonding fund as follows:
(1) for projects for which severance tax bonds were issued to match federal grants, six months after completion of the project;
(2) for projects for which severance tax bonds were issued to purchase vehicles, heavy equipment, educational technology or other equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the severance tax bonds were issued for the purchase;
(3) for projects for which severance tax bonds were issued to purchase emergency vehicles or other vehicles that require special equipment, at the end of the fiscal year two years following the fiscal year in which the severance tax bonds were issued for the purchase; and
(4) for all other projects for which severance tax bonds were issued, within six months of completion of the project, but no later than the end of fiscal year 2012.
E. Except for appropriations to the capital program fund, money from severance tax bond proceeds provided pursuant to this act shall not be used to pay indirect project costs.
F. 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--LIMITATIONS--REVERSIONS.--
A. Except as otherwise provided in this section or another section of this act, the unexpended balance of an appropriation made in this act from the general fund or other state fund, including changes to prior appropriations, shall revert to the originating fund as follows:
(1) for projects for which appropriations were made to match federal grants, six months after completion of the project;
(2) for projects for which appropriations were made to purchase vehicles, heavy equipment, educational technology or equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the appropriation was made for the purchase;
(3) for projects for which appropriations were made to purchase emergency vehicles or other vehicles that require special equipment, at the end of the fiscal year two years following the fiscal year in which the appropriation was made for the purchase; and
(4) for all other projects for which appropriations were made, within six months of completion of the project, but no later than the end of fiscal year 2012.
B. Upon certification by an agency that money from the general fund is needed for a purpose specified in this act, the secretary of finance and administration shall disburse such amount of the appropriation for that project as is necessary to meet that need.
C. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.
D. The unexpended balance of an appropriation made from the general fund or other state fund, including changes to prior appropriations, to the Indian affairs department or the aging and long-term services department for projects located on lands of an Indian nation, tribe or pueblo, including projects that have been reauthorized, shall revert in a time frame set forth in Subsection A of this section to the tribal infrastructure project fund.
E. 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. ARMORY PROJECTS--STATE ARMORY BOARD--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state armory board that the need exists for the issuance of the bonds, the following amounts are appropriated to the state armory board for the following purposes:
1. nine hundred thousand dollars ($900,000) to design and construct infrastructure improvements, including site improvements and road construction and upgrades, at the Rio Rancho armory in Sandoval county; and
2. one million dollars ($1,000,000) to demolish old facilities and make upgrades to existing facilities and staging areas at armories statewide.
Section 4. MUSEUM AND MONUMENT IMPROVEMENTS--CULTURAL AFFAIRS DEPARTMENT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the cultural affairs department that the need exists for the issuance of the bonds, the following amounts are appropriated to the cultural affairs department for the following purposes:
1. four hundred thousand dollars ($400,000) to construct, furnish, equip and landscape the education building at the national Hispanic cultural center in Albuquerque in Bernalillo county;
2. two million two hundred thousand dollars ($2,200,000) to construct the common areas, offices and laboratories of the office of archaeology studies at the center for New Mexico archaeology in Santa Fe in Santa Fe county;
3. seven hundred thousand dollars ($700,000) to renovate the Girard wing, including electrical infrastructure and storage upgrades, at the museum of international folk art in Santa Fe in Santa Fe county; and
4. five million dollars ($5,000,000) for renovations and repairs related to life and safety, compliance with the Americans with Disabilities Act of 1990, security and other upgrades at state museum and monument facilities statewide.
Section 5. STATE BUILDING IMPROVEMENTS--CAPITAL PROGRAM FUND--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the property control division of the general services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the capital program fund for the following purposes:
1. one million dollars ($1,000,000) to plan, design and construct water line improvements and replacement at the youth diagnostic and detention center in Albuquerque in Bernalillo county;
2. one million seven hundred seventy-six thousand eight hundred dollars ($1,776,800) to plan, design, construct and equip health and safety systems, including fire suppression, fire alarm and water supply systems, elevators, ceiling tiles and office space, at the Tiwa building in Albuquerque in Bernalillo county;
3. two million five hundred thousand dollars ($2,500,000) to construct the New Mexico rehabilitation center in Roswell in Chaves county;
4. three million two hundred thousand dollars ($3,200,000) for construction of vocational rooms and an indoor basketball gymnasium, including a weight room, showers and bleachers, at the J. Paul Taylor center in Las Cruces in Dona Ana county;
5. three million five hundred thousand dollars ($3,500,000) for land acquisition for and to plan, design, construct, renovate, furnish and equip a New Mexico state police district office in Las Cruces in Dona Ana county;
6. five hundred fifty thousand dollars ($550,000) to design, construct, equip, furnish, landscape and make site improvements at the office headquarters facility of the border authority in Santa Teresa in Dona Ana county;
7. eight million three hundred thousand dollars ($8,300,000) for construction of the port of entry at Lordsburg in Hidalgo county;
8. four million dollars ($4,000,000) to plan, design and construct kitchen renovations at correctional facilities in Los Lunas in Valencia county, Las Cruces in Dona Ana county and Roswell in Chaves county;
9. three million five hundred thousand dollars ($3,500,000) for land acquisition for and to plan, design, construct, renovate, furnish and equip a New Mexico state police district office in Las Vegas in San Miguel county;
10. four hundred fifty thousand dollars ($450,000) to upgrade the security system, including the parking lot and interior, at the Manuel Lujan building in Santa Fe in Santa Fe county;
11. three million two hundred thousand dollars ($3,200,000) to plan, design and construct an expansion to the motor vehicles division field office in Santa Fe in Santa Fe county;
12. nine million dollars ($9,000,000) to continue construction of the Alzheimer's unit and skilled nursing facility at the New Mexico state veterans' home in Truth or Consequences in Sierra county;
13. five million dollars ($5,000,000) for security upgrades, equipment and renovation at correctional facilities statewide;
14. five million dollars ($5,000,000) for repairs, upgrades and equipment, including roof replacement, wastewater systems, paving, structural renovations and heating, ventilation and air conditioning systems, at correctional facilities statewide;
15. seven million dollars ($7,000,000) for repairs, renovations, deferred maintenance, infrastructure improvements and capital projects related to the decommissioning of vacant state property at state buildings statewide;
16. three million dollars ($3,000,000) to plan, design, construct and equip upgrades to address building deficiencies in department of health facilities statewide;
17. five hundred thousand dollars ($500,000) to complete renovations at the Mary Medina building field office in Taos in Taos county; and
18. six million dollars ($6,000,000) to plan, design, construct, renovate and equip a state-of-the-art methamphetamine- and other substance-abuse treatment center on the former Los Lunas training center campus in Los Lunas in Valencia county.
Section 6. COURT OF APPEALS BUILDING--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the court of appeals that the need exists for the issuance of the bonds, six million six hundred thousand dollars ($6,600,000) is appropriated to the court of appeals to construct a building adjacent to the law school at the university of New Mexico in Albuquerque in Bernalillo county.
Section 7. SANTA FE AVIATION READINESS CENTER--DEPARTMENT OF MILITARY AFFAIRS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of military affairs that the need exists for the issuance of the bonds, two million five hundred thousand dollars ($2,500,000) is appropriated to the department of military affairs to renovate the Santa Fe aviation readiness center, including an addition, in Santa Fe county.
Section 8. STATE FAIR PROJECTS--STATE FAIR COMMISSION--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state fair commission that the need exists for the issuance of the bonds, the following amounts are appropriated to the state fair commission for the following purposes:
1. five million five hundred thousand dollars ($5,500,000) to plan, design and construct a food court and central entertainment zone, including landscaping and a stage for performances, at the New Mexico state fairgrounds in Albuquerque in Bernalillo county; and
2. nine hundred thousand dollars ($900,000) to renovate the restrooms at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.
Section 9. WORKFORCE DEVELOPMENT CENTER PROJECTS--WORKFORCE SOLUTIONS DEPARTMENT--SEVERANCE TAX BONDS.---Pursuant to the provisions of Section 1 of this act, upon certification by the workforce solutions department that the need exists for the issuance of the bonds, seven hundred two thousand dollars ($702,000) is appropriated to the workforce solutions department to plan, design and construct upgrades to workforce development centers statewide, including roofs; heating, ventilation and air conditioning systems; and improvements to comply with the Americans with Disabilities Act of 1990.
Section 10. SENIOR CENTER VEHICLES--AGING AND LONG-TERM SERVICES DEPARTMENT--GENERAL FUND.--Four million one hundred thousand dollars ($4,100,000) is appropriated from the general fund to the aging and long-term services department for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to purchase and equip vehicles for use by senior centers and programs statewide.
Section 11. MUSEUM PROJECTS--CULTURAL AFFAIRS DEPARTMENT--GENERAL FUND.--The following amounts are appropriated from the general fund to the cultural affairs department for expenditure in fiscal years 2008 through 2012, unless otherwise provided for in Section 2 of this act, for the following purposes:
1. one million one hundred thousand dollars ($1,100,000) to plan, design and construct exhibits and venues at the New Mexico farm and ranch heritage museum in Las Cruces in Dona Ana county; and
2. seven hundred fifty thousand dollars ($750,000) to furnish and equip the New Mexico history museum in Santa Fe in Santa Fe county.
Section 12. STATE BUILDING IMPROVEMENTS--CAPITAL PROGRAM FUND--GENERAL FUND.--The following amounts are appropriated from the general fund to the capital program fund for expenditure in fiscal years 2008 through 2012, unless otherwise provided for in Section 2 of this act, for the following purposes:
1. two hundred thousand dollars ($200,000) for architectural and engineering services to renovate living units at youth diagnostic and detention center facilities statewide based on a model that allows for individualized education, behavioral health and substance abuse services for youth in detention;
2. four million five hundred thousand dollars ($4,500,000) to purchase land for and construct facilities and roads for ingress and egress and throughout the site of the Santa Teresa port of entry in Dona Ana county;
3. four million dollars ($4,000,000) for upgrades related to patient health and safety, including renovating bathrooms, purchasing and installing a panic button system and a fire sprinkler system and improving building security systems, at the New Mexico behavioral health institute in Las Vegas in San Miguel county;
4. one million five hundred thousand dollars ($1,500,000) to plan and design mechanical upgrades to the heating, ventilation and air conditioning systems and other internal systems in the Lujan building in Santa Fe in Santa Fe county;
5. two million five hundred thousand dollars ($2,500,000) to acquire land for, plan, design and construct a forensic crime laboratory in Santa Fe county; and
6. one hundred seventy-five thousand dollars ($175,000) to plan, design, construct and equip a fire investigation processing center, including office space, climate-controlled evidence storage, a laboratory, bays, related technology and a backup generator system, at the New Mexico firefighters training academy in Socorro in Socorro county.
Section 13. CUMBRES AND TOLTEC TRACK UPGRADES--CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION--GENERAL FUND.--Two million dollars ($2,000,000) is appropriated from the general fund to the Cumbres and Toltec scenic railroad commission for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to upgrade the track and railbed of the Cumbres and Toltec scenic railroad in Rio Arriba county.
Section 14. JUVENILE FACILITIES SECURITY SYSTEMS--CHILDREN, YOUTH AND FAMILIES DEPARTMENT--GENERAL FUND.--One million dollars ($1,000,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to purchase, install, replace and upgrade security systems at children, youth and families department juvenile facilities statewide.
Section 15. DRINKING WATER STATE REVOLVING LOAN FUND PROJECTS--DEPARTMENT OF ENVIRONMENT--GENERAL FUND.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the department of environment for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to implement the provisions of the Drinking Water State Revolving Loan Fund Act and to provide state matching funds that are required by the terms of any federal grant under the federal Safe Drinking Water Act of 1974.
Section 16. PUBLIC HEALTH OFFICES--DEPARTMENT OF HEALTH--GENERAL FUND.--Two million dollars ($2,000,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, for improvements and construction at public health offices in Roosevelt county, Espanola in Rio Arriba county, Sunland Park in Dona Ana county and Alamogordo in Otero county.
Section 17. LAW ENFORCEMENT VEHICLES--DEPARTMENT OF PUBLIC SAFETY--GENERAL FUND.--Three million seven hundred thousand dollars ($3,700,000) is appropriated from the general fund to the department of public safety for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to purchase and equip law enforcement vehicles statewide.
Section 18. ECONOMIC DEVELOPMENT PROJECTS--ECONOMIC DEVELOPMENT DEPARTMENT--GENERAL FUND.--The following amounts are appropriated from the general fund to the economic development department for expenditure in fiscal years 2008 through 2012, unless otherwise provided for in Section 2 of this act, for the following purposes:
1. five million dollars ($5,000,000) to purchase land for, plan, design and construct a building and infrastructure related to project Pinnacle in Bernalillo county; and
2. one million five hundred thousand dollars ($1,500,000) for improvements and equipment related to hazmat and emergency response for the fire station to serve industries, the port of entry, the airport, the railyard fueling station and the community in Santa Teresa in Dona Ana county.
Section 19. FIRE TRUCKS AND CREW CARRIERS--ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT--GENERAL FUND.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the energy, minerals and natural resources department for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to purchase and equip fire trucks and crew carriers for district offices statewide.
Section 20. DAM IMPROVEMENTS--DEPARTMENT OF GAME AND FISH--GENERAL FUND.--The following amounts are appropriated from the general fund to the department of game and fish for expenditure in fiscal years 2008 through 2012, unless otherwise provided for in Section 2 of this act, for the following purposes:
1. two million five hundred thousand dollars ($2,500,000) for renovation of Lake Roberts dam and spillway in Silver City in Grant county;
2. one hundred thousand dollars ($100,000) for an assessment and emergency action plan for the McGaffey Lake dam in the northwest quadrant of the state near Fort Wingate in McKinley county; and
3. one hundred thousand dollars ($100,000) for an assessment and emergency action plan for the Laguna del Campo dam near Tierra Amarilla in Rio Arriba county.
Section 21. TRIBAL INFRASTRUCTURE PROJECTS--DEPARTMENT OF FINANCE AND ADMINISTRATION--GENERAL FUND.--Five million dollars ($5,000,000) is appropriated from the general fund to the tribal infrastructure project fund for expenditure in fiscal year 2008 and subsequent fiscal years, unless otherwise provided in Section 2 of this act, for tribal infrastructure projects related to water, wastewater, electrical systems, communications, roads, health, emergency facilities and economic development statewide to carry out the provisions of the Tribal Infrastructure Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.
Section 22. AFFORDABLE HOUSING ACT PROJECTS--DEPARTMENT OF FINANCE AND ADMINISTRATION--GENERAL FUND.--Two million dollars ($2,000,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, for land, building, infrastructure and financing projects statewide pursuant to the Affordable Housing Act.
Section 23. RESERVOIR AND PECOS RIVER COMPACT PROJECTS--OFFICE OF THE STATE ENGINEER--GENERAL FUND.--The following amounts are appropriated from the general fund to the office of the state engineer for expenditure in fiscal years 2008 through 2012, unless otherwise provided for in Section 2 of this act, for the following purposes:
1. one million two hundred fifty thousand dollars ($1,250,000) for equipment for and construction of the Elephant Butte reservoir pilot channel in Sierra county; and
2. five million dollars ($5,000,000) for purchasing water rights and land and making related infrastructure improvements to implement the long-term strategy for the state's permanent compliance with the Pecos River Compact and the United States supreme court-amended decree in Texas v. New Mexico, No. 65 original.
Section 24. STATE FAIR YOUTH MULTIPURPOSE BUILDING--STATE FAIR COMMISSION--GENERAL FUND.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the state fair commission for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to plan and design a youth multipurpose building for the New Mexico state fair in Albuquerque in Bernalillo county.
Section 25. STATE PARK RESTORATION--ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT--GENERAL FUND.--Two million dollars ($2,000,000) is appropriated from the general fund to the state parks division of the energy, minerals and natural resources department for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, for improvements, including paving parking lots, campground upgrades, roof replacement, utility renovations, furnishings and signage, to restore state parks statewide.
Section 26. SALT DOMES--DEPARTMENT OF TRANSPORTATION--STATE ROAD FUND.--Six hundred thousand dollars ($600,000) is appropriated from the state road fund to the department of transportation for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, for construction of salt domes statewide.
Section 27. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION BUILDING--INCOME FUND.--One million five hundred thousand dollars ($1,500,000) is appropriated from the income fund of the public employees retirement association to the public employees retirement association for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to complete construction of the public employees retirement association office building in Santa Fe in Santa Fe county.
Section 28. MINERS' HOSPITAL IMPROVEMENTS--MINERS' TRUST FUND.--Six hundred thousand dollars ($600,000) is appropriated from the miners' trust fund to the miners' hospital for expenditure in fiscal years 2008 through 2012, unless otherwise provided in Section 2 of this act, to make capital improvements, including paving parking lots and stuccoing, and to purchase and install equipment, including a bone density scanner and anesthesia machine, at the miners' hospital in Raton in Colfax county.
Section 29. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.
Section 30. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in this act include one percent for the art in public places fund.
Section 31. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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