HOUSE BILL 9
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Edward C. Sandoval
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO CAPITAL OUTLAY; LIMITING CERTAIN GENERAL FUND APPROPRIATIONS AND REVERTING BALANCES; CHANGING CERTAIN SEVERANCE TAX BOND AUTHORIZATIONS AND APPROPRIATIONS OF PROCEEDS; PROVIDING FOR REVERSION OF CERTAIN BALANCES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. GENERAL FUND BALANCES REVERTED.--The following appropriations from the general fund shall not be expended, and the unexpended balances up to the amount specified shall revert to the general fund:
A. six hundred fifty-two thousand eight hundred seventy-five dollars ($652,875) to the capital program fund in Paragraph (13) of Subsection B of Section 44 of Chapter 126 of Laws 2004 for an office complex to house health-related state agencies in Santa Fe in Santa Fe county;
B. nine hundred three thousand one hundred forty-nine dollars ($903,149) to the capital program fund in Subsection 1 of Section 64 of Chapter 111 of Laws 2006 to plan, design, construct, improve and renovate the facility and infrastructure at the state government center in Albuquerque in Bernalillo county;
C. nine hundred eighty-five thousand dollars ($985,000) to the capital program fund in Subsection 1 of Section 24 of Chapter 429 of Laws 2003 and reauthorized in Laws 2008, Chapter 83, Section 43 for planning and designing the state laboratory services building in Albuquerque in Bernalillo county;
D. two million eight hundred thousand dollars ($2,800,000) to the capital program fund in Subsection 15 of Section 38 of Chapter 42 of Laws 2007 and in Subsection 2 of Section 4 of Chapter 2 of Laws 2007 to plan, design, construct, renovate and equip a substance abuse treatment center in Los Lunas in Valencia county;
E. one million dollars ($1,000,000) to the department of information technology in Laws 2008, Chapter 92, Section 56 to purchase a computing system for the state;
F. two million dollars ($2,000,000) to the economic development department in Subsection 4 of Section 43 of Chapter 92 of Laws 2008 for an Eclipse aviation maintenance center facility in Bernalillo county;
G. two million dollars ($2,000,000) to the economic development department in Subsection 5 of Section 32 of Chapter 347 of Laws 2005 to make needed investments to stimulate economic development statewide;
H. thirty thousand dollars ($30,000) to the public education department in Subsection 319 of Section 39 of Chapter 111 of Laws 2006 and reauthorized in Laws 2008, Chapter 83, Section 313 for improvements at the Espanola military academy in Rio Arriba county;
I. seventy-five thousand dollars ($75,000) to the public education department in Subsection 152 of Section 48 of Chapter 347 of Laws 2005 for improvements to the Espanola military academy in the Espanola public school district in Rio Arriba county;
J. fifty-nine thousand dollars ($59,000) to the public education department in Subsection 397 of Section 44 of Chapter 92 of Laws 2008 for information technology and related equipment, furniture and infrastructure for the Espanola military academy in the Espanola public school district in Rio Arriba county;
K. three hundred eighty-eight thousand eight hundred fourteen dollars ($388,814) to the energy, minerals and natural resources department in Subsection 10 of Section 54 of Chapter 111 of Laws 2006 for facilities and infrastructure at Red Rock state park in McKinley county;
L. two million seven hundred thousand dollars ($2,700,000) to the energy, minerals and natural resources department in Subsection 2 of Section 33 of Chapter 347 of Laws 2005 for bosque revitalization and to plan and develop trails in the north bosque area along the Rio Grande;
M. two million dollars ($2,000,000) to the office of the state engineer in Subsection 6 of Section 20 of Chapter 2 of Laws 2007 and in Subsection 9 of Section 58 of Chapter 42 of Laws 2007 to repair and rehabilitate acequia water storage projects statewide;
N. one million dollars ($1,000,000) to the office of the state engineer in Subsection 20 of Section 42 of Chapter 111 of Laws 2006 to repair and improve Cabresto Lake dam in Taos county;
O. two million dollars ($2,000,000) to the office of the state engineer in Subsection 11 of Section 34 of Chapter 347 of Laws 2005 for dam renovations and repairs statewide;
P. nine hundred forty-six thousand seventy-seven dollars ($946,077) to the office of the state engineer in Subsection 18 of Section 42 of Chapter 111 of Laws 2006 to acquire water, water rights and storage rights to comply with the Endangered Species Act of 1973 for the strategic water reserve statewide;
Q. five hundred thousand dollars ($500,000) to the office of the state engineer in Subsection 10 of Section 58 of Chapter 42 of Laws 2007 to acquire water, water rights and storage rights to comply with interstate compacts and court decrees in managing water for endangered species;
R. one million dollars ($1,000,000) to the department of environment in Subsection 48 of Section 59 of Chapter 42 of Laws 2007 to plan, design and construct improvements to the water and wastewater system in Sunland Park in Dona Ana county;
S. two hundred fifty thousand dollars ($250,000) to the department of environment in Subsection 74 of Section 59 of Chapter 42 of Laws 2007 for utility line extensions in Lea county;
T. two million five hundred thousand dollars ($2,500,000) to the department of environment in Subsection 87 of Section 59 of Chapter 42 of Laws 2007 to plan, design and construct improvements to the regional wastewater treatment plant in Ruidoso Downs in Lincoln county;
U. one million four thousand dollars ($1,004,000) to the department of environment in Subsection 157 of Section 45 of Chapter 111 of Laws 2006 to plan, design and construct water system leakage repairs in the Pueblo of Cochiti in Sandoval county;
V. three million dollars ($3,000,000) to the department of environment in Subsection 143 of Section 45 of Chapter 111 of Laws 2006 for improvements to the water reuse and distribution facilities in Rio Rancho in Sandoval county;
W. one million seventy thousand dollars ($1,070,000) to the department of environment in Subsection 63 of Section 36 of Chapter 347 of Laws 2005 for improvements to the regional water and wastewater system in Pojoaque in Santa Fe county;
X. two hundred fifty thousand dollars ($250,000) to the department of finance and administration in Subsection 9 of Section 61 of Chapter 42 of Laws 2007 for the New Mexico mortgage finance authority to provide energy-efficient systems and improvements affixed to real property statewide;
Y. five hundred thousand dollars ($500,000) to the department of finance and administration in Subsection 6 of Section 50 of Chapter 92 of Laws 2008 to the New Mexico mortgage finance authority for energy-efficient systems and improvements to real property statewide;
Z. three million dollars ($3,000,000) to the department of finance and administration in Subsection 7 of Section 50 of Chapter 92 of Laws 2008 for film and media production, education and training facilities and other film initiatives statewide;
AA. three million four hundred forty-five thousand two hundred thirty dollars ($3,445,230) to the department of finance and administration in Subsection 3 of Section 31 of Chapter 126 of Laws 2004 for a film production education and training center and studio;
BB. one million dollars ($1,000,000) to the department of finance and administration in Subsection 9 of Section 50 of Chapter 92 of Laws 2008 for local fair and arena rodeo facilities statewide;
CC. two million four hundred ninety-eight thousand two hundred fifteen dollars ($2,498,215) to the department of finance and administration in Subsection 3 of Section 47 of Chapter 111 of Laws 2006 for media production, education and training facilities, programs and initiatives statewide;
DD. five hundred thousand dollars ($500,000) to the department of finance and administration in Subsection 4 of Section 61 of Chapter 42 of Laws 2007 for pre-kindergarten classrooms, including portables, statewide;
EE. nine million three hundred twenty-nine thousand two hundred twenty-two dollars ($9,329,222) to the department of finance and administration in Subsection 9 of Section 47 of Chapter 111 of Laws 2006 for rodeo arena facilities related to the statewide rodeo initiative;
FF. two hundred six thousand six hundred forty-four dollars ($206,644) to the department of finance and administration in Subsection 1 of Section 31 of Chapter 126 of Laws 2004 to provide matching funds for innovative water resources projects statewide;
GG. two million three hundred thousand dollars ($2,300,000) to the department of finance and administration in Subsection 10 of Section 61 of Chapter 42 of Laws 2007 for leak detection and regional and demonstration water system projects statewide;
HH. one million dollars ($1,000,000) to the department of game and fish in Subsection 2 of Section 48 of Chapter 111 of Laws 2006 to plan, design and improve the spillway of Bear Canyon dam in Grant county;
II. one million dollars ($1,000,000) to the department of game and fish in Subsection 4 of Section 48 of Chapter 111 of Laws 2006 for water leakage improvements to the Clayton Lake dam and surrounding area in Union county;
JJ. three hundred thirty-two thousand dollars ($332,000) to the public education department in Subsection 442 of Section 55 of Chapter 42 of Laws 2007 for nonpublic school computers and reauthorized to the general services department in Subsection C of Section 210 of Chapter 83 of Laws 2008 to purchase an airplane in Santa Fe in Santa Fe county;
KK. two million dollars ($2,000,000) to the department of health in Subsection 2 of Section 49 of Chapter 111 of Laws 2006 for improvements to school-based clinics and department of health facilities and reappropriated in Paragraph (1) of Subsection A of Section 95 of Chapter 42 of Laws 2007 for the public health office in Bernalillo county;
LL. two million dollars ($2,000,000) to the human services department in Laws 2008, Chapter 92, Section 54 for domestic violence projects to maintain, repair and renovate facilities to ensure consistent domestic violence service delivery and to plan, design, construct, equip and furnish additional shelters statewide;
MM. one million dollars ($1,000,000) to the Indian affairs department in Subsection 87 of Section 66 of Chapter 42 of Laws 2007 to plan, design and construct improvements to the airport at Ohkay Owingeh in Rio Arriba county;
NN. Section 72-1-12 NMSA 1978 and Laws 2007, Chapter 42, Section 88 notwithstanding, ten million dollars ($10,000,000) to the Indian water rights settlement fund in Laws 2007, Chapter 42, Section 88 to implement the state's portion of the settlement of water rights in the Navajo Nation, Taos and Aamodt cases;
OO. one million five hundred thousand dollars ($1,500,000) to the interstate stream commission in Laws 2007, Chapter 42, Section 89 and reauthorized in Laws 2008, Chapter 83, Section 400 to purchase land and water rights and for development of augmentation well fields and pipelines for implementing the Pecos River Compact settlement;
PP. three million five hundred thousand dollars ($3,500,000) to the local government division in Subsection 44 of Section 68 of Chapter 42 of Laws 2007 for infrastructure for an automobile assembly operations economic development project in Bernalillo county;
QQ. two hundred fifty thousand dollars ($250,000) to the local government division in Subsection 11 of Section 68 of Chapter 42 of Laws 2007 to purchase land for open space adjacent to the Gutierrez Canyon open space area in Bernalillo county;
RR. seven million twenty-five thousand dollars ($7,025,000) to the local government division in Subsection 35 of Section 68 of Chapter 42 of Laws 2007 and in Subsection 5 of Section 26 of Chapter 2 of Laws 2007 for a state multipurpose equestrian facility on open space property in Bernalillo county;
SS. fifty thousand dollars ($50,000) to the local government division in Subsection 13 of Section 59 of Chapter 92 of Laws 2008 for the Fisher and Smith memorial gymnasium at the Vista Grande community center in Bernalillo county;
TT. one hundred thousand dollars ($100,000) to the local government division in Subsection 10 of Section 68 of Chapter 42 of Laws 2007 to equip the Fisher and Smith memorial gymnasium at the Vista Grande community center in Bernalillo county;
UU. two hundred five thousand dollars ($205,000) to the local government division in Subsection 43 of Section 45 of Chapter 347 of Laws 2005 for a gymnasium to be jointly used by East Mountain high school and Vista Grande community center in Bernalillo county;
VV. seven hundred forty-nine thousand two hundred eighty-five dollars ($749,285) to the local government division in Subsection 50 of Section 68 of Chapter 42 of Laws 2007 for construction, equipment, furnishings and exhibits at the Anderson-Abruzzo international balloon museum in Albuquerque in Bernalillo county;
WW. one million dollars ($1,000,000) to the department of health in Subsection 2 of Section 49 of Chapter 111 of Laws 2006 for improvements to school-based clinics and facilities statewide and reauthorized to the local government division in Paragraph (1) of Subsection B of Section 95 of Chapter 42 of Laws 2007 for a county health facility in Grant county;
XX. three million dollars ($3,000,000) to the local government division in Subsection 637 of Section 52 of Chapter 111 of Laws 2006 to plan, design and construct bikeways and horse trails in Santa Fe county;
YY. five million seven hundred thousand dollars ($5,700,000) to the local government division in Subsection 704 of Section 68 of Chapter 42 of Laws 2007 for film and media production, education and training facilities and other film initiatives statewide;
ZZ. five million dollars ($5,000,000)) to the local government division in Subsection 653 of Section 52 of Chapter 111 of Laws 2006 for local fair and arena rodeo facilities statewide;
AAA. five hundred thousand dollars ($500,000) to the local government division in Subsection 702 of Section 68 of Chapter 42 of Laws 2007 for local fair and arena rodeo facilities statewide;
BBB. five hundred thousand dollars ($500,000) to the department of transportation in Subsection 15 of Section 60 of Chapter 111 of Laws 2006 for landscaping improvements at the interchange of interstate highways 40 and 25 in Albuquerque in Bernalillo county;
CCC. one million five hundred thousand dollars ($1,500,000) to the department of transportation in Subsection 127 of Section 75 of Chapter 42 of Laws 2007 for a paved access road for the Strauss facility of the Santa Teresa port of entry in Dona Ana county;
DDD. one million fifty thousand five hundred dollars ($1,050,500) to the higher education department in Subsection A of Section 38 of Chapter 126 of Laws 2004 to plan, design, construct and equip career technical-vocational education centers statewide;
EEE. Laws 2001, Chapter 345, Section 3 notwithstanding, three million seven hundred sixty-nine thousand four hundred forty-two dollars ($3,769,442) to the water and wastewater project grant fund in Laws 2001, Chapter 345, Section 3 to carry out the provisions of Section 6-21-6.3 NMSA 1978; and
FFF. Section 72-4A-9 NMSA 1978 and Laws 2002, Chapter 110, Section 47 notwithstanding, two hundred ninety-four thousand six hundred twenty-seven dollars ($294,627) to the water project fund in Laws 2002, Chapter 110, Section 47 to carry out the provisions of the Water Project Finance Act.
Section 2. SEVERANCE TAX BONDS--CHANGING PURPOSES--CHANGING AUTHORIZATIONS AND PROVIDING FOR EXPENDITURES--PROVIDING FOR REVERSION TO THE SEVERANCE TAX BONDING FUND OF ANY BALANCES NOT APPROPRIATED.--
A. The proceeds from the severance tax bonds for the capital projects specified in this subsection shall not be expended for their original purposes, but may be expended by the specified state agencies as provided in Subsection B of this section:
(1) two hundred forty-six thousand eight hundred eighty-seven dollars ($246,887) to the capital program fund in Subsection 17 of Section 6 of Chapter 42 of Laws 2007 to plan, design and renovate the Mary Medina motor vehicle division field office in Taos in Taos county;
(2) five hundred thousand dollars ($500,000) to the capital program fund in Subsection 19 of Section 5 of Chapter 92 of Laws 2008 to complete renovations at the Mary Medina motor vehicle division field office in Taos in Taos county;
(3) one million two hundred ten thousand dollars ($1,210,000) to the local government division in Subsection 10 of Section 23 of Chapter 42 of Laws 2007 to design a veterans' and military technology museum in Las Cruces in Dona Ana county and reauthorized to the cultural affairs department in Laws 2008, Chapter 83, Section 196 for that purpose;
(4) two hundred sixty thousand dollars ($260,000) to the local government division in Subsection 5 of Section 7 of Chapter 92 of Laws 2008 to design a veterans' and military technology museum in Las Cruces in Dona Ana county;
(5) one million eight hundred thousand dollars ($1,800,000) to the department of information technology in Laws 2008, Chapter 92, Section 20 to purchase a computing system for the state;
(6) four million five hundred thousand dollars ($4,500,000) to the economic development department in Laws 2008, Chapter 92, Section 10 for capital improvements at an automobile manufacturing economic development project in Bernalillo county;
(7) two hundred seventy-five thousand dollars ($275,000) to the public education department in Subsection 14 of Section 11 of Chapter 92 of Laws 2008 for a building for the Espanola military academy in the Espanola public school district in Rio Arriba county;
(8) seven hundred fifty thousand dollars ($750,000) to the energy, minerals and natural resources department in Subsection 1 of Section 14 of Chapter 42 of Laws 2007 for facilities at Red Rock state park in Gallup in McKinley county;
(9) five hundred forty-eight thousand dollars ($548,000) to the energy, minerals and natural resources department in Subsection 4 of Section 12 of Chapter 92 of Laws 2008 for clean energy grants to public entities or innovative energy projects;
(10) two million dollars ($2,000,000) to the office of the state engineer in Subsection 7 of Section 14 of Chapter 92 of Laws 2008 for emergency repairs at dams statewide;
(11) five hundred thirty-six thousand dollars ($536,000) to the department of finance and administration in Subsection 1 of Section 18 of Chapter 42 of Laws 2007 for pre-kindergarten classrooms, including portables, statewide;
(12) two million five hundred thousand dollars ($2,500,000) to the department of finance and administration in Subsection 5 of Section 17 of Chapter 92 of Laws 2008 for leak detection, regional and demonstration water system projects statewide;
(13) one hundred seventy-seven thousand dollars ($177,000) to the capital program fund in Subsection 16 of Section 6 of Chapter 42 of Laws 2007 and reauthorized to the department of health in Subsection A of Section 4 of Chapter 334 of Laws 2007 for improvements and renovations at public health clinics statewide;
(14) one million dollars ($1,000,000) to the department of health in Laws 2007, Chapter 42, Section 21 to plan, design, construct, renovate, equip and furnish regional substance abuse facilities in southern New Mexico;
(15) two hundred thousand dollars ($200,000) to the Indian affairs department in Subsection 27 of Section 19 of Chapter 92 of Laws 2008 for infrastructure for affordable housing at the Pueblo of San Ildefonso in Santa Fe county;
(16) one million dollars ($1,000,000) to the local government division in Subsection 5 of Section 23 of Chapter 42 of Laws 2007 for a kitchen and social service office for senior affairs in Albuquerque in Bernalillo county;
(17) two million dollars ($2,000,000) to the local government division in Subsection 9 of Section 21 of Chapter 92 of Laws 2008 for an equestrian facility in Albuquerque in Bernalillo county;
(18) four hundred thousand dollars ($400,000) to the higher education department in Paragraph (2) of Subsection E of Section 24 of Chapter 111 of Laws 2006 for improvements to the library at the Grants branch campus of New Mexico state university and reauthorized to the local government division in Laws 2008, Chapter 83, Section 158 for renovations to a public library in Grants in Cibola county;
(19) one hundred thousand dollars ($100,000) to the local government division in Subsection 77 of Section 21 of Chapter 92 of Laws 2008 for the Santa Fe innovation park in Santa Fe county;
(20) two million dollars ($2,000,000) of the appropriation to the local government division in Subsection 3 of Section 23 of Chapter 42 of Laws 2007 for an arena in Albuquerque and reauthorized to the local government division in Paragraph (1) of Subsection C of Section 279 of Chapter 83 of Laws 2008 for the film and media production, education and training facilities and other film initiatives statewide;
(21) two hundred thousand dollars ($200,000) to the local government division in Subsection 94 of Section 21 of Chapter 92 of Laws 2008 for a facility, equipment and furnishings for the Los Lunas westside fire substation in Valencia county;
(22) two million dollars ($2,000,000) to the department of transportation in Subsection 11 of Section 15 of Chapter 126 of Laws 2004 for improvements to the Coors boulevard and Sequoia road intersection in Albuquerque in Bernalillo county;
(23) ninety-eight thousand seven hundred thirty-two dollars ($98,732) to the higher education department in Subsection 2 of Section 27 of Chapter 42 of Laws 2007 for the trades and technology building at San Juan college in Farmington in San Juan county; and
(24) Section 72-4A-9 NMSA 1978 notwithstanding, two million two hundred ninety-five thousand forty dollars ($2,295,040) to the water project fund in Laws 2007, Chapter 42, Section 34 for the purpose of supporting water projects pursuant to the Water Project Finance Act.
B. In lieu of the purposes originally specified for the capital projects enumerated in Subsection A of this section, the proceeds from severance tax bonds authorized as indicated in that subsection may be expended in the following amounts by the following agencies for the following purposes:
(1) two million eight hundred thousand dollars ($2,800,000) to the capital program fund to plan, design, construct, renovate and equip a substance abuse treatment center in Los Lunas in Valencia county;
(2) two million seven hundred thousand dollars ($2,700,000) to the energy, minerals and natural resources department for bosque revitalization and to plan and develop trails in the north bosque area along the Rio Grande;
(3) one million dollars ($1,000,000) to the department of environment to plan, design and construct improvements to the water and wastewater system in Sunland Park in Dona Ana county;
(4) two million five hundred thousand dollars ($2,500,000) to the department of environment to plan, design and construct improvements to the regional wastewater treatment plant in Ruidoso Downs in Lincoln county;
(5) one million four thousand dollars ($1,004,000) to the department of environment to plan, design and construct water system leakage repairs in the Pueblo of Cochiti in Sandoval county;
(6) one million dollars ($1,000,000) to the human services department for domestic violence projects to maintain, repair and renovate facilities to ensure consistent domestic violence service delivery and to plan, design, construct, equip and furnish additional shelters statewide;
(7) one million dollars ($1,000,000) to the Indian affairs department to plan, design and construct improvements to the airport at Ohkay Owingeh in Rio Arriba county;
(8) ten million dollars ($10,000,000) to the Indian water rights settlement fund; notwithstanding the requirement for a joint resolution of the legislature in Subsection A of Section 72-1-11 NMSA 1978, if corresponding commitments have been made for the federal portion of the settlement in the Navajo Nation, Taos and Aamodt cases, the money may be expended by the interstate stream commission in fiscal year 2009 and subsequent fiscal years to implement the state's portion of the settlement, and unexpended or unencumbered balances shall not revert at the end of a fiscal year;
(9) three million dollars ($3,000,000) to the local government division to plan, design and construct bikeways and horse trails in Santa Fe county; and
(10) one million five hundred thousand dollars ($1,500,000) to the department of transportation for a paved access road for the Strauss facility of the Santa Teresa port of entry in Dona Ana county.
C. The state board of finance shall determine which proceeds of the bonds issued for projects specified in Subsection A of this section shall be allocated to which projects specified in Subsection B of this section.
D. The agencies specified in Subsection B of this section shall certify that projects can be begun and completed as provided in Laws 2008, Chapter 92, Section 1. The authorizations for projects in Subsection B of this section not certified within two years are void. The unexpended balance of appropriations for projects in Subsection B shall revert at the end of fiscal year 2013 or upon completion of the project, whichever is earlier.
E. Any unexpended balances from appropriations made for capital outlay projects specified in Subsection A of this section that are not appropriated pursuant to Subsection B of this section shall revert to the severance tax bonding fund on the effective date of this act.
Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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