SENATE BILL 136
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Pete Campos
AN ACT
RELATING TO HIGHER EDUCATION; ENACTING THE HIGHER EDUCATION CAPITAL OUTLAY ACT; CREATING THE HIGHER EDUCATION CAPITAL OUTLAY COUNCIL AND THE HIGHER EDUCATION CAPITAL OUTLAY FUND;
PROVIDING PROCEDURES FOR CORRECTING OUTSTANDING DEFICIENCIES AT STATE INSTITUTIONS; PROVIDING FOR THE ASSESSMENT, PRIORITIZATION AND FUNDING OF FUTURE CRITICAL CAPITAL OUTLAY PROJECTS; AUTHORIZING THE ISSUANCE OF SHORT-TERM SEVERANCE TAX BONDS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Higher Education Capital Outlay Act".
SECTION 2. DEFINITIONS.--As used in the Higher Education Capital Outlay Act:
A. "council" means the higher education capital outlay council;
B. "fund" means the higher education capital outlay fund; and
C. "institution" means a state educational institution confirmed by Article 12, Section 11 of the constitution of New Mexico or a two-year public post-secondary educational institution created pursuant to statute.
SECTION 3. HIGHER EDUCATION CAPITAL OUTLAY COUNCIL.--
A. The "higher education capital outlay council" is created, consisting of the following eleven members:
(1) the secretary of finance and administration or the secretary's designee;
(2) the governor or the governor's designee;
(3) the director of the legislative finance committee or the director's designee;
(4) the director of the legislative council service or the director's designee;
(5) the secretary of higher education or the secretary's designee;
(6) a representative of a four-year institution, appointed by the council of university presidents;
(7) a representative of a two-year institution, appointed by the New Mexico association of community colleges;
(8) two members appointed by the president pro tempore of the senate; and
(9) two members appointed by the speaker of the house of representatives.
B. The council shall review all applications for assistance from the fund and shall certify the approved applications for distribution of funds.
C. The council shall elect a chair from among its members and shall meet at the call of the chair.
SECTION 4. FUND CREATED.--The "higher education capital outlay fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations and bequests made to the fund. The fund shall be administered by the department of finance and administration. Income from the fund shall be credited to the fund, and money in the fund shall not be transferred or revert to any other fund at the end of a fiscal year. Money in the fund is appropriated to the council for the purposes of making grants to institutions for capital outlay projects approved by the council. Expenditures shall be made on warrant of the secretary of finance and administration on vouchers signed by the chair of the council.
SECTION 5. OUTSTANDING DEFICIENCIES AT STATE INSTITUTIONS--CORRECTION.--
A. After reviewing existing five-year facilities plans and the facilities condition assessment for all institutions, the council, in conjunction with the higher education department, shall verify the assessed outstanding health, safety or infrastructure deficiencies and shall develop a plan to correct the deficiencies.
B. To the extent that money has been appropriated or is otherwise available in the fund for such purposes, the council may approve allocations from the fund to the applicable governing board for the purpose of correcting the deficiencies.
C. The council shall monitor the construction and establish such other guidelines and conditions as it deems necessary to ensure that the allocations from the fund pursuant to this section are expended in the most prudent manner possible and consistent with the original purpose.
SECTION 6. PROJECTS--APPLICATION--APPROVAL.--
A. After outstanding health, safety or infrastructure deficiencies, as identified in the facilities condition assessment and the five-year facilities plan, have been corrected pursuant to Section 5 of the Higher Education Capital Outlay Act, the council shall develop criteria for assessing the other critical capital outlay needs of each institution and for evaluating and prioritizing applications for grant assistance from the fund.
B. Applications for grant assistance from the fund shall be made by institutions to the council in accordance with the requirements of the council. The council shall require as a condition of application that an institution have a current five-year facilities plan.
C. Using the criteria developed pursuant to Subsection A of this section, the council shall evaluate applications and prioritize those projects most in need of grant assistance from the fund. To the extent that money in the fund is available, the council shall award grant assistance for those prioritized projects.
D. Notwithstanding provisions in the Higher Education Capital Outlay Act requiring application, evaluation or prioritization, nothing in that act shall be deemed to prevent the council from approving an allocation from the fund for a capital outlay project if needed to address an emergency situation at an institution in which the safety or health of students or employees is threatened. The council may establish a reserve in the fund for the purpose of making allocations pursuant to this subsection.
E. In awarding grant assistance, the council may require conditions and procedures necessary to ensure that the money is expended in the most prudent manner.
F. No later than December 15 of each year, the council shall prepare a report summarizing its activities during the previous fiscal year. The report shall describe in detail all projects funded, the progress of projects previously funded but not completed, the criteria used to evaluate, prioritize and fund projects and all other council actions. The report shall be submitted to the governor, the legislative finance committee and the legislature.
SECTION 7. SHORT-TERM SEVERANCE TAX BONDS--HIGHER EDUCATION CAPITAL OUTLAY.--In addition to the bonds issued pursuant to Section 7-27-14 NMSA 1978 and notwithstanding the limitations of that section, in compliance with the Severance Tax Bonding Act, in fiscal year 2011, the state board of finance may issue and sell severance tax bonds with a term that does not extend beyond the fiscal year in which they are issued in an amount not exceeding ninety million dollars ($90,000,000) when the higher education capital outlay council certifies by resolution the need for the issuance of the bonds. The proceeds from the sale of the bonds are appropriated to the higher education capital outlay fund for the correction of outstanding health, safety and infrastructure deficiencies at public post-secondary educational institutions pursuant to the Higher Education Capital Outlay Act; provided that no severance tax bonds shall be issued pursuant to this section:
A. until all other severance tax bonds and supplemental severance tax bonds to be issued in fiscal year 2011 have been issued; and
B. unless the balance in the severance tax bonding fund as of the date that the bonds are issued is greater than the sum of:
(1) the debt service on the severance tax bonds to be issued pursuant to this section;
(2) the debt service scheduled to be paid during the remainder of the fiscal year on all outstanding severance tax bonds and supplemental severance tax bonds; and
(3) the amount necessary to meet all principal and interest payments on outstanding bonds payable from the severance tax bonding fund on the next two ensuing semiannual payment dates.
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