Committee Substitute for HB0154TRS

HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR

HOUSE BILL 154

49th legislature - STATE OF NEW MEXICO - first session, 2009

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 2011, 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 specifically provided by law:

(1) the unexpended balance from the proceeds of severance tax bonds issued pursuant to this act for a project shall revert to the severance tax bonding fund no later than the following dates:

(a) for a project for which severance tax bonds were issued to match federal grants, six months after completion of the project;

(b) for a project for which severance tax bonds were issued to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; 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; and

(c) for any other project for which severance tax bonds were issued, within six months of completion of the project, but no later than the end of fiscal year 2013; and

(2) all remaining balances from the proceeds of severance tax bonds issued for a project pursuant to this act shall revert to the severance tax bonding fund three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

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. OTHER FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--

A. Except as otherwise specifically provided by law:

(1) the unexpended balance of an appropriation made in this act from other state funds shall revert no later than the following dates:

(a) for a project for which an appropriation was made to match federal grants, six months after completion of the project;

(b) for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; 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 appropriation was made for the purchase; and

(c) for any other project for which an appropriation was made, within six months of completion of the project, but no later than the end of fiscal year 2013; and

(2) all remaining balances from an appropriation made in this act for a project shall revert three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

B. Except for appropriations to the capital program fund, money from appropriations made in this act shall not be used to pay indirect project costs.

C. Except as provided in Subsection E of this section, the balance of an appropriation made from the general fund shall revert in the time frame set forth in Subsection A of this section to the capital projects fund.

D. Except as provided in Subsection E of this section, the balance of an appropriation made from other state funds shall revert in the time frame set forth in Subsection A of this section to the originating fund.

E. The balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert in the time frame set forth in Subsection A of this section to the tribal infrastructure project fund.

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 3. ADMINISTRATIVE OFFICE OF THE COURTS PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the administrative office of the courts that the need exists for the issuance of the bonds, the following amounts are appropriated to the administrative office of the courts for the following purposes:

1. two hundred thousand dollars ($200,000) for assistive listening devices statewide; and

2. eight hundred thousand dollars ($800,000) to furnish and equip magistrate facilities statewide.

Section 4. AGING AND LONG-TERM SERVICES DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the aging and long-term services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the aging and long-term services department for the following purposes:

1. twenty-one thousand six hundred dollars ($21,600) to make improvements for building code compliance, including the purchase and installation of equipment, to the Armijo meal site center in Bernalillo county;

2. one million twenty-four thousand one hundred ten dollars ($1,024,110) to make improvements for building code compliance, including the purchase and installation of equipment, to Albuquerque senior centers citywide in Bernalillo county;

3. three hundred seventy-eight thousand dollars ($378,000) to purchase and equip vehicles for the transportation of hot meals at Albuquerque senior centers in Bernalillo county;

4. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Chaves countywide senior centers in Chaves county;

5. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Chaves countywide senior centers in Chaves county;

6. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Colfax countywide senior centers in Colfax county;

7. seventy-six thousand six hundred dollars ($76,600) to make improvements for building code compliance, including the purchase and installation of equipment, to the Benavidez senior center in Dona Ana county;

8. eighty-four thousand dollars ($84,000) to purchase and equip vehicles for the transportation of hot meals at Las Cruces citywide senior centers in Dona Ana county;

9. one hundred thousand dollars ($100,000) to purchase and equip handicapped-accessible vans for the Las Cruces citywide senior centers in Dona Ana county;

10. two hundred fifty-eight thousand dollars ($258,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Gila, Mimbres and Santa Clara senior centers in Grant county;

11. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Ena Mitchell senior center in Hidalgo county;

12. one hundred twenty thousand dollars ($120,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Smith Lake chapter senior center on the Navajo Nation in McKinley county;

13. two hundred fifty thousand dollars ($250,000) to purchase and equip handicapped-accessible vans for the Navajo Nation senior centers;

14. nine thousand dollars ($9,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Pueblo of Isleta senior center in Bernalillo county;

15. fifty-six thousand four hundred fifty dollars ($56,450) to make improvements for building code compliance, including the purchase and installation of equipment, to the Alamogordo senior center in Otero county;

16. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Tularosa senior center in Otero county;

17. one hundred eighty-seven thousand five hundred twenty dollars ($187,520) to make improvements for building code compliance, including the purchase and installation of equipment, to the Espanola senior center in Rio Arriba county;

18. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at the Pueblo of Santa Clara senior center in Rio Arriba county;

19. fifteen thousand one hundred fifty dollars ($15,150) to make improvements for building code compliance, including the purchase and installation of equipment, to the Tierra Amarilla senior center in Rio Arriba county;

20. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Tierra Amarilla senior center in Rio Arriba county;

21. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Elida senior center in Roosevelt county;

22. one hundred twenty thousand dollars ($120,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Bonnie Dallas senior center in San Juan county;

23. one hundred nine thousand eight hundred dollars ($109,800) to make improvements for building code compliance, including the purchase and installation of equipment, to the Blanco senior center in San Juan county;

24. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Bloomfield senior center in San Juan county;

25. thirteen thousand dollars ($13,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Huerfano chapter senior center on the Navajo Nation in San Juan county;

26. one thousand six hundred dollars ($1,600) to make improvements for building code compliance, including the purchase and installation of equipment, to the Lake Valley chapter senior center on the Navajo Nation in San Juan county;

27. twelve thousand six hundred sixty dollars ($12,660) to make improvements for building code compliance, including the purchase and installation of equipment, to the Upper Fruitland chapter senior center on the Navajo Nation in San Juan county;

28. one hundred thousand dollars ($100,000) to purchase and equip vehicles for the transportation of hot meals at San Miguel countywide senior centers in San Miguel county;

29. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Bernalillo and Placitas senior centers in Sandoval county;

30. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Meadowlark senior center in Sandoval county;

31. one hundred thousand dollars ($100,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Meadowlark senior center in Sandoval county;

32. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Sandoval countywide senior centers in Sandoval county;

33. twenty thousand dollars ($20,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Bernalillo senior center in Sandoval county;

34. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at the Pueblo of Cochiti senior center in Sandoval county;

35. twenty-two thousand two hundred fifty dollars ($22,250) to make improvements for building code compliance, including the purchase and installation of equipment, to the Corrales senior center in Sandoval county;

36. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Pueblo of Santo Domingo senior center in Sandoval county;

37. eighty-four thousand dollars ($84,000) to purchase and equip vehicles for the transportation of hot meals at Santa Fe citywide senior centers in Santa Fe county;

38. two hundred thousand dollars ($200,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Mary Esther Gonzales senior center in Santa Fe county;

39. one hundred fifty thousand dollars ($150,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Rio en Medio meal site center in Santa Fe county;

40. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Eldorado senior center in Santa Fe county;

41. fifty thousand dollars ($50,000) to purchase and equip handicapped-accessible vans for the Santa Fe senior center in Santa Fe county;

42. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at the Sierra joint office on aging in Sierra county;

43. one hundred fifty thousand dollars ($150,000) to purchase and equip handicapped-accessible vans for the Socorro countywide senior centers in Socorro county;

44. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Taos countywide senior centers in Taos county;

45. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at the Pueblo of Taos senior center in Taos county;

46. thirty-two thousand two hundred sixty dollars ($32,260) to make improvements for building code compliance, including the purchase and installation of equipment, to senior centers in Torrance county;

47. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Clayton senior center in Union county;

48. one hundred fifty thousand dollars ($150,000) to make improvements for building code compliance, including the purchase and installation of equipment, to the Fred Luna senior center in Valencia county; and

49. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the transportation of hot meals at Valencia countywide senior centers in Valencia county.

Section 5. STATE ARMORY BOARD PROJECT--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, five hundred thousand dollars ($500,000) is appropriated to the state armory board for renovation and repairs at armory facilities statewide.

Section 6. BERNALILLO COUNTY METROPOLITAN COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Bernalillo county metropolitan court that the need exists for the issuance of the bonds, one hundred sixty-two thousand dollars ($162,000) is appropriated to the Bernalillo county metropolitan court to plan, design, construct and furnish classrooms for the driving while impaired and driver improvement schools in the metro shops in Albuquerque in Bernalillo county.

Section 7. STATE BUILDING PROJECTS--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. seven hundred fifty thousand dollars ($750,000) to plan, design and construct a senior skills training center, including learning laboratories, classrooms and offices, at the commission for the blind in Albuquerque in Bernalillo county;

2. four hundred thousand dollars ($400,000) to renovate and equip the youth diagnostic development center in accordance with the Missouri model and implementation of Cambiar New Mexico in Albuquerque in Bernalillo county;

3. three million five hundred thousand dollars ($3,500,000) to purchase, install, equip and furnish the state laboratory services building in Albuquerque in Bernalillo county;

4. two hundred seven thousand three hundred dollars ($207,300) for fire suppression at the Sequoyah adolescent treatment center in Albuquerque in Bernalillo county;

5. five hundred thousand dollars ($500,000) for renovations and improvements to the TIWA building in Albuquerque in Bernalillo county;

6. eight hundred thousand dollars ($800,000) to plan, design, construct and equip a county emergency response station to provide hazmat and other emergency response at the Santa Teresa port of entry and surrounding areas in Dona Ana county;

7. one million five hundred thousand dollars ($1,500,000) to equip, furnish and landscape the site, including equipping a spur road, at the Lordsburg port of entry in Hidalgo county;

8. four hundred thousand dollars ($400,000) to plan, design and construct improvements, including reconfiguring office layout, remodeling restrooms and replacing the heating, ventilation and air conditioning system, in the James Murray building in Hobbs in Lea county;

9. eight hundred forty thousand dollars ($840,000) to plan and design a skilled-nursing Alzheimer's unit at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

10. five hundred fifty thousand dollars ($550,000) to purchase and install modular units and make other improvements at state police substations in Cuba in Sandoval county and Santa Rosa in Guadalupe county;

11. two hundred thousand dollars ($200,000) to plan, design and construct renovations to the Harriet Sammons building in Farmington in San Juan county;

12. three hundred thirty thousand dollars ($330,000) for asbestos abatement at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

13. two million dollars ($2,000,000) to plan, design, construct and provide upgrades of forensic security needs at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

14. one hundred seventy-five thousand dollars ($175,000) for repairs and improvements to the Louise Brown building, including site improvements, repaving and restriping the parking lot and replacing the property fence, in Bernalillo in Sandoval county;

15. four million dollars ($4,000,000) to acquire land for and to plan and design a health and human services complex in Santa Fe in Santa Fe county;

16. five hundred thousand dollars ($500,000) for a development plan, including needed facility renovations and improvements, for the infill and redevelopment of the south capitol campus complex in Santa Fe in Santa Fe county;

17. one million dollars ($1,000,000) to plan, design and construct an addition and renovations to the north office for the homeland security and emergency management department center in Santa Fe in Santa Fe county, contingent on New Mexico receiving an emergency operations center federal grant;

18. one hundred thirty-two thousand seven hundred dollars ($132,700) to replace boilers and chillers at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

19. one hundred thirty-five thousand dollars ($135,000) to construct a fire investigation center for use by the fire marshal division for evidence processing and storage at the New Mexico firefighters training academy in Socorro in Socorro county;

20. five million eight hundred thousand dollars ($5,800,000) to renovate and replace mechanical system equipment, piping and infrastructure at the southern New Mexico correctional facility in Dona Ana county and the central New Mexico correctional facility in Valencia county;

21. one million dollars ($1,000,000) for infrastructure and improvements at health facilities statewide;

22. two million seven hundred thousand dollars ($2,700,000) for demolition, decommissioning and asbestos abatement of state buildings, including the Campbell, Woolston, Mecham and Old Huning buildings on the Los Lunas campus in Valencia county and the old dormitory at the New Mexico rehabilitation center in Roswell in Chaves county;

23. two million dollars ($2,000,000) for repairs, renovations, deferred maintenance and infrastructure improvements at state buildings statewide;

24. one million three hundred thousand dollars ($1,300,000) for improvements to workforce solutions department offices statewide, including roofs; heating, ventilation and air conditioning systems; deferred maintenance; and improvements to comply with the requirements of the Americans with Disabilities Act of 1990;

25. three hundred thousand dollars ($300,000) to plan, design, construct and equip a parking area, including lighting and landscaping, for the Fred Luna building in Belen in Valencia county; and

26. three hundred thirty thousand dollars ($330,000) for renovations and improvements to the therapeutic pool in the natatorium at the Los Lunas campus in Valencia county.

Section 8. COURT OF APPEALS PROJECT--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, four hundred thousand dollars ($400,000) is appropriated to the court of appeals to purchase and install furniture, fixtures and equipment at the Pamela B. Minzner court of appeals law center in Albuquerque in Bernalillo county.

Section 9. CULTURAL AFFAIRS DEPARTMENT PROJECTS--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. five hundred thousand dollars ($500,000) to construct the educational facility at the New Mexico museum of natural history and science in Albuquerque in Bernalillo county;

2. five hundred sixty-three thousand dollars ($563,000) to purchase and install exhibits at the Bosque Redondo memorial at Fort Sumner state monument in De Baca county;

3. one million eight hundred thousand dollars ($1,800,000) to continue construction and completion of Tortugas hall and to purchase and install exhibits at the New Mexico farm and ranch heritage museum in Las Cruces in Dona Ana county;

4. five hundred thousand dollars ($500,000) for infrastructure improvements at the New Mexico archaeology center in Santa Fe in Santa Fe county;

5. three hundred seventy-five thousand dollars ($375,000) for furniture, fixtures and equipment for the New Mexico history museum in Santa Fe in Santa Fe county; and

6. one million dollars ($1,000,000) for repairs and infrastructure improvements to state museums and monuments, including restoration of artifacts and artwork, statewide.

Section 10. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Cumbres and Toltec scenic railroad commission that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the Cumbres and Toltec scenic railroad commission for track rehabilitation and improvements to the Cumbres and Toltec scenic railroad in Rio Arriba county.

Section 11. SIXTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the sixth judicial district court that the need exists for the issuance of the bonds, two hundred twenty thousand dollars ($220,000) is appropriated to the sixth judicial district court to furnish and equip the sixth judicial district court in Grant county.

Section 12. SEVENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the seventh judicial district court that the need exists for the issuance of the bonds, thirty thousand dollars ($30,000) is appropriated to the seventh judicial district court to furnish and equip the seventh judicial district court in Sierra county.

Section 13. EIGHTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the eighth judicial district court that the need exists for the issuance of the bonds, one hundred seventy-five thousand dollars ($175,000) is appropriated to the eighth judicial district court to furnish and equip the eighth judicial district court in Colfax county.

Section 14. ELEVENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the eleventh judicial district court that the need exists for the issuance of the bonds, three hundred seventy-five thousand dollars ($375,000) is appropriated to the eleventh judicial district court to furnish and equip the eleventh judicial district court in Aztec in San Juan county.

Section 15. ECONOMIC DEVELOPMENT DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the economic development department that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the economic development department for mainstreet infrastructure and renovation projects statewide.

Section 16. PUBLIC EDUCATION DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the public education department that the need exists for the issuance of the bonds, the following amounts are appropriated to the public education department for the following purposes:

1. two million dollars ($2,000,000) for renovation of existing facilities and for construction of pre-kindergarten classrooms statewide; and

2. five million dollars ($5,000,000) to purchase and equip school buses statewide.

Section 17. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the energy, minerals and natural resources department that the need exists for the issuance of the bonds, the following amounts are appropriated to the energy, minerals and natural resources department for the following purposes:

1. five hundred thousand dollars ($500,000) to purchase and equip fire trucks and crew carriers for forestry division district offices statewide; and

2. seven hundred fifty thousand dollars ($750,000) to purchase and equip fire engines for local fire departments statewide.

Section 18. STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX

BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state parks division of the energy, minerals and natural resources department that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the state parks division of the energy, minerals and natural resources department to construct, renovate, equip and furnish state parks, including parking lots and roads, statewide.

Section 19. OFFICE OF THE STATE ENGINEER PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, one million five hundred thousand dollars ($1,500,000) is appropriated to the office of the state engineer for construction and improvements to the Bloomfield dam in San Juan county.

Section 20. DEPARTMENT OF ENVIRONMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of environment that the need exists for the issuance of the bonds, one million five hundred thousand dollars ($1,500,000) is appropriated to the department of environment for projects that restore instream ecosystem function and watershed health to major river basins statewide.

Section 21. STATE FAIR COMMISSION PROJECT--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, five million dollars ($5,000,000) is appropriated to the state fair commission for a facilities master plan and to plan, design, construct, equip and make improvements to facilities, grounds and infrastructure at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

Section 22. DEPARTMENT OF FINANCE AND ADMINISTRATION PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of finance and administration that the need exists for the issuance of the bonds, the following amounts are appropriated to the department of finance and administration for the following purposes:

1. four million dollars ($4,000,000) for infrastructure development, design and construction for a financial services economic development project in Bernalillo county pursuant to the Local Economic Development Act;

2. six million dollars ($6,000,000) for infrastructure development, design and construction for a solar equipment economic development project in Bernalillo county pursuant to the Local Economic Development Act;

3. six million dollars ($6,000,000) for infrastructure development, design and construction of a technical support center in Rio Rancho in Sandoval county pursuant to the Local Economic Development Act;

4. four million dollars ($4,000,000) to plan, design and construct infrastructure improvements to colonias statewide;

5. one million dollars ($1,000,000) to plan, design, construct and equip county fairgrounds and public rodeo facilities statewide;

6. four million five hundred thousand dollars ($4,500,000) to provide grants to political subdivisions of the state for infrastructure improvements necessary to attract new companies or expand existing businesses to achieve job growth pursuant to the Local Economic Development Act statewide; and

7. three million dollars ($3,000,000) for design and construction for a solar equipment economic development project in Belen in Valencia county pursuant to the Local Economic Development Act.

Section 23. DEPARTMENT OF GAME AND FISH PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of game and fish that the need exists for the issuance of the bonds, the following amounts are appropriated to the department of game and fish for the following purposes:

1. four million two hundred fifty thousand dollars ($4,250,000) for construction and renovations to the Lake Roberts dam and spillway in Grant county; and

2. two hundred fifty thousand dollars ($250,000) to improve habitat conditions, including signage for aquatic education, on the San Juan river in San Juan county.

Section 24. GENERAL SERVICES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the general services department that the need exists for the issuance of the bonds, one hundred thousand dollars ($100,000) is appropriated to the general services department to purchase and equip handicapped-accessible vans for use by state employees at state agencies statewide.

Section 25. DEPARTMENT OF HEALTH PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of health that the need exists for the issuance of the bonds, one hundred thousand dollars ($100,000) is appropriated to the department of health to purchase and install health immunization equipment and information technology, including related equipment, furniture and infrastructure, for the statewide immunization information system.

Section 26. INDIAN AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Indian affairs department that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the Indian affairs department to plan, design and construct a regional wellness center for the Santa Fe Indian school in Santa Fe in Santa Fe county.

Section 27. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of information technology that the need exists for the issuance of the bonds, the following amounts are appropriated to the department of information technology for the following purposes:

1. nine hundred thousand dollars ($900,000) to purchase and install information technology hardware, software and fiber network equipment in the data center in the Simms building in Santa Fe in Santa Fe county;

2. two million one hundred thousand dollars ($2,100,000) for equipment and software to upgrade and redesign the state's enterprise email system;

3. one million seven hundred thousand dollars ($1,700,000) to design and equip a disaster recovery site for the statewide human resources, accounting and management reporting system, including hardware, software and network equipment;

4. eight hundred thousand dollars ($800,000) for equipment upgrades to the core telecommunications network statewide;

5. nine hundred thousand dollars ($900,000) for telephone system upgrades, including replacing private branch exchange switches, statewide; and

6. one million dollars ($1,000,000) to plan, design, construct and convert analog microwave towers to a statewide digital microwave network.

Section 28. DEPARTMENT OF PUBLIC SAFETY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of public safety that the need exists for the issuance of the bonds, two million dollars ($2,000,000) is appropriated to the department of public safety to purchase and equip law enforcement vehicles statewide.

Section 29. NEW MEXICO SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED AND NEW MEXICO SCHOOL FOR THE DEAF PROJECTS--PUBLIC SCHOOL CAPITAL OUTLAY FUND--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the public school capital outlay council that the need exists for the issuance of the bonds, the following amounts are appropriated to the public school capital outlay fund for the following purposes:

1. two million three hundred thousand dollars ($2,300,000) for fire suppression upgrades and other infrastructure improvements to address critical deficiencies at the New Mexico school for the blind and visually impaired in Alamogordo in Otero county; and

2. two million five hundred thousand dollars ($2,500,000) for asbestos abatement, mold remediation and other renovations to address critical deficiencies at the New Mexico school for the deaf in Santa Fe in Santa Fe county.

Section 30. SUPREME COURT BUILDING COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the supreme court building commission that the need exists for the issuance of the bonds, seven hundred thousand dollars ($700,000) is appropriated to the supreme court building commission for a fire suppression system at the supreme court building in Santa Fe in Santa Fe county.

Section 31. TAXATION AND REVENUE DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the taxation and revenue department that the need exists for the issuance of the bonds, two hundred thousand dollars ($200,000) is appropriated to the taxation and revenue department to purchase and install remittance transport equipment in Santa Fe in Santa Fe county.

Section 32. TRIBAL INFRASTRUCTURE PROJECTS--TRIBAL INFRASTRUCTURE PROJECT FUND--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of finance and administration that the need exists for the issuance of the bonds, five million dollars ($5,000,000) is appropriated to the tribal infrastructure project fund 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.

Section 33. EASTERN NEW MEXICO UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of eastern New Mexico university that the need exists for the issuance of the bonds, four hundred thousand dollars ($400,000) is appropriated to the board of regents of eastern New Mexico university for infrastructure and electric utility upgrades, including distribution, at eastern New Mexico university in Portales in Roosevelt county.

Section 34. NEW MEXICO HIGHLANDS UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico highlands university that the need exists for the issuance of the bonds, four hundred thousand dollars ($400,000) is appropriated to the board of regents of New Mexico highlands university for infrastructure renovations and improvements at New Mexico highlands university in Las Vegas in San Miguel county.

Section 35. NEW MEXICO MILITARY INSTITUTE PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico military institute that the need exists for the issuance of the bonds, two million two hundred thousand dollars ($2,200,000) is appropriated to the board of regents of New Mexico military institute for critical water supply infrastructure at New Mexico military institute in Roswell in Chaves county.

Section 36. NEW MEXICO INSTITUTE OF MINING AND TECHNOLOGY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico institute of mining and technology that the need exists for the issuance of the bonds, four hundred thousand dollars ($400,000) is appropriated to the board of regents of New Mexico institute of mining and technology for infrastructure renovations and improvements at the New Mexico institute of mining and technology in Socorro in Socorro county.

Section 37. NEW MEXICO STATE UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico state university that the need exists for the issuance of the bonds, five million five hundred thousand dollars ($5,500,000) is appropriated to the board of regents of New Mexico state university to plan, design, construct, equip and furnish the arts complex at New Mexico state university in Las Cruces in Dona Ana county.

Section 38. UNIVERSITY OF NEW MEXICO PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the university of New Mexico that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of the university of New Mexico for the following purposes:

1. two million dollars ($2,000,000) to construct and equip a nanotechnology and biotechnology center, including laboratories and offices, in the Centennial engineering center at the university of New Mexico in Albuquerque in Bernalillo county;

2. four million dollars ($4,000,000) for a film and digital media center, including classrooms, studios, support space, a digital projection theater and faculty offices, at Mesa del Sol in Albuquerque in Bernalillo county; and

3. eight hundred thousand dollars ($800,000) to complete construction of the early childhood care center at the Taos branch campus of the university of New Mexico in Taos county.

Section 39. WESTERN NEW MEXICO UNIVERSITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of western New Mexico university that the need exists for the issuance of the bonds, four hundred thousand dollars ($400,000) is appropriated to the board of regents of western New Mexico university for infrastructure renovations and improvements at western New Mexico university in Silver City in Grant county.

Section 40. WASTEWATER FACILITY CONSTRUCTION LOAN FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of environment that the need exists for the issuance of the bonds, six hundred sixty thousand dollars ($660,000) is appropriated to the wastewater facility construction loan fund for expenditure in fiscal year 2009 and subsequent fiscal years to carry out the provisions of the Wastewater Facility Construction Loan Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

Section 41. EDUCATIONAL RETIREMENT BOARD BUILDING--EDUCATIONAL RETIREMENT FUND.--Two million five hundred thousand dollars ($2,500,000) is appropriated from the educational retirement fund to the educational retirement board for expenditure in fiscal years 2009 through 2013, unless otherwise provided for in Section 2 of this act, to acquire land for and plan, design and construct a building or acquire and renovate an existing building for the educational retirement board in Santa Fe in Santa Fe county.

Section 42. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATIONS FROM THE GAME AND FISH BOND RETIREMENT FUND AND THE GAME PROTECTION FUND.--The following amounts are appropriated from the following funds to the department of game and fish for expenditure in fiscal years 2009 through 2013, unless otherwise provided for in Section 2 of this act, to purchase aircraft for aerial surveys:

1. five hundred thousand dollars ($500,000) from the game and fish bond retirement fund; and

2. two hundred thousand dollars ($200,000) from the game protection fund.

Section 43. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE HABITAT MANAGEMENT FUND.--Two hundred fifty thousand dollars ($250,000) is appropriated from the habitat management fund to the department of game and fish for expenditure in fiscal year 2009 and subsequent fiscal years for construction and renovations to the Lake Roberts dam and spillway in Grant county. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

Section 44. MINERS' HOSPITAL PROJECT--APPROPRIATION FROM THE MINERS' TRUST FUND.--One million dollars ($1,000,000) is appropriated from the miners' trust fund to the miners' hospital for expenditure in fiscal years 2009 through 2013, unless otherwise provided in Section 2 of this act, to purchase and install an automated pharmaceutical dispensing system at the miners' hospital in Raton in Colfax county.

Section 45. DEPARTMENT OF TRANSPORTATION PROJECTS--APPROPRIATIONS FROM THE STATE ROAD FUND.--The following amounts are appropriated from the state road fund to the department of transportation for expenditure in fiscal years 2009 through 2013, unless otherwise provided for in Section 2 of this act, for the following purposes:

1. fifty thousand dollars ($50,000) to replace the roof of the hilltop building in district 3 in Albuquerque in Bernalillo county;

2. one hundred thousand dollars ($100,000) for improvements and expansion of the administrative services facility in district 2, including electrical, mechanical and communications systems, in Roswell in Chaves county;

3. nine hundred fifty thousand dollars ($950,000) to plan, design and construct the patrol facility in district 5 in Tierra Amarilla in Rio Arriba county; and

4. three hundred fifty thousand dollars ($350,000) for purchase, installation and construction of salt storage facilities statewide.

Section 46. 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 47. 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 48. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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