SB0218FCS

SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 218

50th legislature - STATE OF NEW MEXICO - first session, 2011

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 appropriated 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 severance tax bond proceeds for a particular project, including projects that have been reauthorized, by the end of fiscal year 2013, the authorization for that project is void.

C. Before an agency may certify for the need of severance tax bond proceeds, the project must be developed sufficiently so that the agency reasonably expects to:

(1) incur within six months after the applicable bond proceeds are available for the project 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 bond proceeds are available for the project.

D. Except as otherwise specifically provided by law:

(1) the unexpended balance from the proceeds of severance tax bonds appropriated in 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 bond proceeds were appropriated to match federal grants, six months after completion of the project;

(b) for a project for which severance tax bond proceeds were appropriated 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 bond proceeds were made available for the purchase; and

(c) for any other project for which severance tax bonds were appropriated, within six months of completion of the project, but no later than the end of fiscal year 2015; and

(2) all remaining balances from the proceeds of severance tax bonds appropriated for a project in 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 2015; 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 PROJECT--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, one million nine hundred thousand dollars ($1,900,000) is appropriated to the administrative office of the courts to purchase and install security equipment, including related infrastructure, at judicial district and magistrate courts statewide and to furnish and equip the eighth judicial district courthouse in Taos in Taos county.

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. four hundred seventy-five thousand dollars ($475,000) to purchase and equip vehicles for senior centers countywide in Bernalillo county;

2. fifteen thousand dollars ($15,000) to make improvements for building code compliance, including purchase and installation of equipment, at the Pajarito senior meal site in Bernalillo county;

3. one hundred thousand dollars ($100,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Rio Bravo senior meal site in Bernalillo county;

4. forty-eight thousand dollars ($48,000) to purchase and equip vehicles for the Pueblo of Isleta senior center in Bernalillo county;

5. thirty-eight thousand dollars ($38,000) to purchase and equip vehicles for senior centers countywide in Chaves county;

6. forty-two thousand dollars ($42,000) to purchase and equip vehicles for the Roswell Joy senior center in Chaves county;

7. sixty thousand dollars ($60,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Ramah chapter senior center on the Navajo Nation in Cibola county;

8. ninety-three thousand dollars ($93,000) to purchase and equip vehicles for senior centers countywide in Colfax county;

9. one hundred forty thousand dollars ($140,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Raton senior center in Colfax county;

10. five thousand dollars ($5,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Springer senior center in Colfax county;

11. sixty thousand dollars ($60,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Alice Converse senior center in Curry county;

12. two hundred fifty thousand dollars ($250,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Robert Munson senior center in Las Cruces in Dona Ana county;

13. eight thousand five hundred dollars ($8,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Artesia senior center in Eddy county;

14. forty-eight thousand dollars ($48,000) to purchase and equip vehicles for the Artesia senior center in Eddy county;

15. sixty-two thousand dollars ($62,000) to make improvements for building code compliance, including purchase and installation of equipment, to senior centers countywide in Grant county;

16. seventy-eight thousand dollars ($78,000) to purchase and equip vehicles for the Mimbres and Silver City senior centers in Grant county;

17. twenty-five thousand dollars ($25,000) to purchase and equip vehicles for the Santa Rosa senior center in Guadalupe county;

18. six thousand dollars ($6,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Eunice senior center in Lea county;

19. twenty-five thousand dollars ($25,000) to purchase and equip vehicles for the Tatum senior center in Lea county;

20. eighteen thousand five hundred dollars ($18,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Baca chapter senior center on the Navajo Nation in McKinley county;

21. one hundred thousand dollars ($100,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Thoreau chapter senior center on the Navajo Nation in McKinley county;

22. three hundred thousand dollars ($300,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Zuni senior center in McKinley county;

23. eighteen thousand dollars ($18,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Isleta senior center in Bernalillo county;

24. ninety thousand dollars ($90,000) to purchase and equip vehicles for the Sacramento Mountain senior center in Otero county;

25. ten thousand dollars ($10,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Beatrice Martinez senior center in Espanola in Rio Arriba county;

26. fifty-five thousand dollars ($55,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Espanola senior center in Rio Arriba county;

27. one hundred seven thousand dollars ($107,000) to purchase and equip vehicles for senior centers countywide in San Juan county;

28. twenty-five thousand dollars ($25,000) to purchase and equip vehicles for the Bloomfield senior center in San Juan county;

29. sixty thousand dollars ($60,000) to make improvements, including purchase and installation of equipment, to the Nageezi chapter senior center on the Navajo Nation in San Juan county;

30. two hundred fifty thousand dollars ($250,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Sanostee chapter senior center on the Navajo Nation in San Juan county;

31. thirty-one thousand dollars ($31,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Tse'Daa'Kaan chapter senior center on the Navajo Nation in San Juan county;

32. fifty thousand dollars ($50,000) to purchase and equip vehicles for senior centers in Las Vegas and Pecos in San Miguel county;

33. one hundred twenty-nine thousand dollars ($129,000) to purchase and equip vehicles for senior centers at the Pueblo of Sandia, Pueblo of Santa Ana and Pueblo of Zia in Sandoval county;

34. eight thousand five hundred dollars ($8,500) to make improvements for building code compliance, including purchase and installation of equipment, to the Corrales senior center in Sandoval county;

35. forty thousand dollars ($40,000) to purchase and equip vehicles for the Cuba senior center in Sandoval county;

36. eleven thousand dollars ($11,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Jemez senior center in Sandoval county;

37. one hundred seventy-seven thousand dollars ($177,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Sandia senior center in Bernalillo county;

38. two hundred seventy-four thousand dollars ($274,000) to purchase and equip vehicles for senior centers countywide in Santa Fe county;

39. seven thousand one hundred fifty dollars ($7,150) to make improvements for building code compliance, including purchase and installation of equipment, to the Edgewood senior center in Santa Fe county;

40. one hundred seventy-eight thousand dollars ($178,000) to purchase and equip vehicles for senior centers citywide in Santa Fe in Santa Fe county;

41. one hundred twenty-eight thousand four hundred sixty-seven dollars ($128,467) to make improvements for building code compliance, including purchase and installation of equipment, to the Mary Esther Gonzales senior center in Santa Fe in Santa Fe county;

42. fifty-two thousand twenty-two dollars ($52,022) to make improvements for building code compliance, including purchase and installation of equipment, to the Truth or Consequences senior center in Sierra county;

43. thirteen thousand dollars ($13,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Socorro senior center in Socorro county;

44. three thousand eight hundred sixty-six dollars ($3,866) to make improvements for building code compliance, including purchase and installation of equipment, to the Chamisal senior center in Taos county;

45. thirty-five thousand dollars ($35,000) to purchase and equip vehicles for the Chamisal senior center in Taos county;

46. three thousand eight hundred sixty-six dollars ($3,866) to make improvements for building code compliance, including purchase and installation of equipment, to the Questa senior center in Taos county;

47. sixteen thousand one hundred twenty-nine dollars ($16,129) to make improvements for building code compliance, including purchase and installation of equipment, to the Des Moines senior center in Union county; and

48. one hundred sixty-one thousand dollars ($161,000) to purchase and equip vehicles for senior centers countywide in Valencia county.

SECTION 5. CAPITAL PROGRAM FUND PROJECTS--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. five hundred thousand dollars ($500,000) to purchase and install shelving for storage of public records at the commission of public records facility in Albuquerque in Bernalillo county;

2. three hundred thousand dollars ($300,000) for improvements and upgrades at the human services department commodities warehouse in Albuquerque in Bernalillo county;

3. two hundred thousand dollars ($200,000) for heating, ventilation and air conditioning upgrades at the workforce solutions department administration building in Albuquerque in Bernalillo county;

4. one million two hundred thousand dollars ($1,200,000) to construct a water and wastewater system to meet environmental standards and regulations at the Roswell correctional facility in Chaves county;

5. five hundred thousand dollars ($500,000) to plan and design water, wastewater and erosion control improvements at the western New Mexico correctional facility in Cibola county;

6. fifty thousand dollars ($50,000) to plan and design the renovation and expansion of the workforce connection center in Deming in Luna county;

7. two million nine hundred thousand dollars ($2,900,000) to renovate and equip the kitchens at the southern New Mexico correctional facility in Dona Ana county and the central New Mexico correctional facility in Valencia county;

8. ten million dollars ($10,000,000) to upgrade the heating, ventilation and air conditioning systems and infrastructure at the southern New Mexico correctional facility in Dona Ana county, the central New Mexico correctional facility in Valencia county and the western New Mexico correctional facility in Cibola county;

9. one million nine hundred thousand dollars ($1,900,000) to acquire land for and plan and design a juvenile detention facility to implement Cambiar New Mexico in the southeastern part of the state;

10. two million dollars ($2,000,000) for infrastructure upgrades and renovations at the youth diagnostic and development center campus in Albuquerque in Bernalillo county and the John Paul Taylor center in Las Cruces in Dona Ana county;

11. seven hundred thousand dollars ($700,000) to plan, design, renovate and expand the New Mexico state police district office in Espanola in Rio Arriba county;

12. five hundred thousand dollars ($500,000) to stabilize the foundations of buildings at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

13. one million five hundred thousand dollars ($1,500,000) for boiler upgrades at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

14. three hundred thousand dollars ($300,000) for chiller purchase and installation at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

15. two million five hundred thousand dollars ($2,500,000) for infrastructure improvements at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

16. five million two hundred thousand dollars ($5,200,000) for construction of the New Meadows buildings at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

17. one million three hundred thousand dollars ($1,300,000) for roof replacement at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

18. one million five hundred thousand dollars ($1,500,000) for security upgrades at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

19. fifty thousand dollars ($50,000) to plan and design the renovation and expansion of the workforce connection center in Las Vegas in San Miguel county;

20. one million dollars ($1,000,000) to renovate the dormitories, including fire suppression and heating, ventilation and air conditioning systems, at the New Mexico law enforcement academy in Santa Fe county;

21. two million dollars ($2,000,000) for renovations and infrastructure improvements to the Runnels building, including heating, ventilation and air conditioning and electrical systems, and to plan, design and develop the site at the south capitol campus in Santa Fe county;

22. ten million dollars ($10,000,000) for infrastructure improvements and renovations at the Lujan building in Santa Fe in Santa Fe county;

23. six million five hundred thousand dollars ($6,500,000) for construction of the Alzheimer's skilled nursing unit at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

24. two million six hundred thousand dollars ($2,600,000) for electrical system upgrades at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

25. seven hundred thousand dollars ($700,000) for heating, ventilation and air conditioning system improvements and system isolation at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

26. one million dollars ($1,000,000) for renovations and infrastructure upgrades at the rehabilitation diagnostic and nursing building in Los Lunas in Valencia county;

27. five million dollars ($5,000,000) to construct phase 2 of the human services department drug and substance abuse treatment facility in Los Lunas in Valencia county;

28. three million dollars ($3,000,000) to upgrade, repair and equip correctional facilities statewide;

29. two million dollars ($2,000,000) for demolition, decommissioning and asbestos abatement of state buildings, including structures on the campuses of Fort Bayard medical center in Grant county, the old Roswell rehabilitation center in Chaves county, the oil conservancy building in Hobbs in Lea county and the youth diagnostic and development center in Albuquerque in Bernalillo county; and

30. five million dollars ($5,000,000) for repairs, renovations, deferred maintenance, restoration infrastructure improvements and construction at state buildings statewide.

SECTION 6. 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. seven hundred fifty thousand dollars ($750,000) to construct the education center at the New Mexico museum of natural history and science in Albuquerque in Bernalillo county;

2. two hundred twenty-five thousand dollars ($225,000) for landscaping, signage and purchasing and installing furniture, fixtures and equipment at the national Hispanic cultural center in Albuquerque in Bernalillo county;

3. five hundred thousand dollars ($500,000) to design, construct and install exhibits at Bosque Redondo memorial at Fort Sumner state monument in De Baca county;

4. one million dollars ($1,000,000) to construct and install outdoor exhibits and security fencing at the New Mexico farm and ranch heritage museum in Las Cruces in Dona Ana county;

5. one hundred thousand dollars ($100,000) for property acquisition at Fort Selden state monument in Radium Springs in Dona Ana county;

6. five hundred thousand dollars ($500,000) to construct, purchase and install water infrastructure, furniture, fixtures and equipment at the center for New Mexico archaeology in Santa Fe county; and

7. four million dollars ($4,000,000) for repairs, upgrades and renovations at state museums and monuments statewide.

SECTION 7. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECTS--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, the following amounts are appropriated to the Cumbres and Toltec scenic railroad commission for the following purposes:

1. one million dollars ($1,000,000) for track rehabilitation and improvements to the Cumbres and Toltec scenic railroad in Rio Arriba county; and

2. five hundred thousand dollars ($500,000) to rehabilitate the boiler system and make other improvements to comply with federal standards.

SECTION 8. ECONOMIC DEVELOPMENT DEPARTMENT PROJECTS--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, the following amounts are appropriated to the economic development department for the following purposes:

1. one million dollars ($1,000,000) for mainstreet infrastructure and renovation projects statewide; and

2. eight million dollars ($8,000,000) for economic development projects statewide pursuant to the Local Economic Development Act.

SECTION 9. PUBLIC EDUCATION DEPARTMENT PROJECT--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, four million three hundred thousand dollars ($4,300,000) is appropriated to the public education department to purchase school buses statewide.

SECTION 10. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--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, two million dollars ($2,000,000) is appropriated to the energy, minerals and natural resources department to purchase and equip fire engines and conduct wildfire mitigation and forest restoration projects statewide.

SECTION 11. OFFICE OF THE STATE ENGINEER PROJECTS--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, the following amounts are appropriated to the office of the state engineer for the following purposes:

1. two million seven hundred thousand dollars ($2,700,000) to construct the dam spillway in Springer in Colfax county; and

2. five hundred thousand dollars ($500,000) to purchase and install surface and ground water meters to assess water use, water supply, impairment, public welfare, conservation and water accountability statewide.

SECTION 12. INDIAN WATER RIGHTS SETTLEMENT--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, fifteen million dollars ($15,000,000) is appropriated 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 2012 and subsequent fiscal years to implement the state's portion of the settlement, and any unexpended or unencumbered balances shall not revert at the end of a fiscal year.

SECTION 13. DEPARTMENT OF ENVIRONMENT 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, the following amounts are appropriated to the department of environment for the following purposes:

1. one million five hundred thousand dollars ($1,500,000) to plan, design and construct improvements to the water supply and distribution system, including replacing wells and fire pumps, serving Santa Teresa and surrounding areas of Dona Ana county;

2. seven hundred thousand dollars ($700,000) to plan, design, construct and equip a wastewater treatment facility serving the Santa Teresa port of entry, industrial areas and surrounding communities in Dona Ana county; and

3. seven million dollars ($7,000,000) to the special appropriations program for completion of water and wastewater projects impacting the health and safety of the general public at the local government level statewide; provided that the project eligibility be prioritized by the construction programs bureau of the department of environment and reviewed by the department of finance and administration and the legislative finance committee; and provided further that the allocations shall be subject to approval by the state board of finance.

SECTION 14. 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, two million five hundred thousand dollars ($2,500,000) is appropriated to the state fair commission for deferred maintenance improvements, including fire suppression and electrical infrastructure, at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

SECTION 15. 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. one million dollars ($1,000,000) for colonias infrastructure improvements statewide; and

2. eleven million dollars ($11,000,000) for completion of projects impacting the health and safety of the general public at the local government level statewide; provided that the criteria and application process for project eligibility shall be developed by the department of finance and administration, the legislative council service and the legislative finance committee; and provided further that the criteria, application process and allocations shall be subject to review by the legislative finance committee and approval by the state board of finance.

SECTION 16. DEPARTMENT OF HEALTH PROJECTS--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, the following amounts are appropriated to the department of health for the following purposes:

1. one million three hundred thousand dollars ($1,300,000) to purchase and install equipment at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

2. two hundred thousand dollars ($200,000) for vehicle replacement to comply with the Americans with Disabilities Act of 1990 at the New Mexico behavioral health institute in Las Vegas in San Miguel county; and

3. four hundred fifty thousand dollars ($450,000) to purchase and install analytical equipment for the scientific laboratory division in Albuquerque in Bernalillo county.

SECTION 17. HUMAN SERVICES DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the human services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the human services department for the following purposes:

1. two hundred fifty thousand dollars ($250,000) to upgrade voice and data wiring and purchase and install backup cooling units for the computer systems at human services department offices in Farmington, Hobbs, Albuquerque and Espanola; and

2. thirteen million dollars ($13,000,000) to plan, design, purchase and install information technology, including related infrastructure. Before the human services department may certify the need for issuance of severance tax bonds, the department of finance and administration shall verify that the human services department or the department of information technology, or both, have:

(a) included specific deliverables in distinct phases for all contracts so that only the amount to be expended in a single year can be encumbered, including deliverables of any contract for integrator or project management office services;

(b) ensured that the project sufficiently redesigns current business process to eliminate obsolete or outdated practices;

(c) received written approval from the compliance and project management division of the department of information technology for each phase;

(d) received written approval from the federal funding agencies;

(e) provided copies of monthly written reports and approvals, including any independent validation and verification reports, to the governor, the department of finance and administration and the legislative finance committee; and

(f) provided quarterly reports to the department of finance and administration and the legislative finance committee on their oversight activities of the project.

SECTION 18. 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. five hundred thousand dollars ($500,000) to upgrade infrastructure for the state's enterprise email system;

2. two million six hundred thousand dollars ($2,600,000) for two-way radios and antenna systems and upgrades to support radio communications for agencies statewide; and

3. five hundred thousand dollars ($500,000) for telephone system upgrades statewide.

SECTION 19. DEPARTMENT OF MILITARY AFFAIRS PROJECTS--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, the following amounts are appropriated to the department of military affairs for the following purposes:

1. one million six hundred thousand dollars ($1,600,000) to design and construct a readiness center in Farmington in San Juan county; and

2. two million dollars ($2,000,000) to plan, design and construct dormitory facilities for an at-risk youth program administered by the New Mexico national guard in Roswell in Chaves county.

SECTION 20. 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, four million dollars ($4,000,000) is appropriated to the department of public safety to purchase and equip vehicles, including installing satellite communication upgrades.

SECTION 21. 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. three million five hundred thousand dollars ($3,500,000) for renovating Watkins education center and for other infrastructure improvements to address critical deficiencies and to comply with the requirements of the Americans with Disabilities Act of 1990 at the New Mexico school for the blind and visually impaired in Alamogordo in Otero county; and

2. five million dollars ($5,000,000) for improvements, including fire suppression and improvements to comply with the Americans with Disabilities Act of 1990, and other renovations to Dillon hall and to address critical deficiencies at the New Mexico school for the deaf in Santa Fe in Santa Fe county.

SECTION 22. SECRETARY OF STATE PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the secretary of state that the need exists for the issuance of the bonds, two hundred thousand dollars ($200,000) is appropriated to the secretary of state for information technology upgrades, including computers and servers, at the secretary of state's office in Santa Fe in Santa Fe county.

SECTION 23. SUPREME COURT BUILDING COMMISSION PROJECTS--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, the following amounts are appropriated to the supreme court building commission for the following purposes:

1. three million dollars ($3,000,000) for upgrades, electrical infrastructure and renovations, including improvements to comply with the Americans with Disabilities Act of 1990, at the supreme court law library in Santa Fe in Santa Fe county; and

2. seven hundred eighty thousand dollars ($780,000) to replace or upgrade the roof at the supreme court building in Santa Fe in Santa Fe county.

SECTION 24. TAXATION AND REVENUE DEPARTMENT PROJECTS--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, the following amounts are appropriated to the taxation and revenue department for the following purposes:

1. three hundred thirty thousand dollars ($330,000) to purchase and install mail extraction units in Santa Fe in Santa Fe county; and

2. two hundred fifty thousand dollars ($250,000) to purchase and install microfilm equipment, including scanners for the image processing unit, in Santa Fe in Santa Fe county.

SECTION 25. DEPARTMENT OF TRANSPORTATION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of transportation that the need exists for the issuance of the bonds, three hundred fifty thousand dollars ($350,000) is appropriated to the department of transportation to construct a commercial lane, including related infrastructure, on the southbound road at the port of entry in Santa Teresa in Dona Ana county.

SECTION 26. STATE ROAD FUND PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of transportation that the need exists for the issuance of the bonds, thirty-two million four hundred eighty-four thousand dollars ($32,484,000) is appropriated to the state road fund for state highway improvements, including pavement preservation treatments, pavement overlay, rehabilitation and highway reconstruction statewide.

SECTION 27. HIGHER EDUCATION DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the higher education department that the need exists for the issuance of the bonds, twenty million dollars ($20,000,000) is appropriated to the higher education department for critical infrastructure improvements to address needs impacting the health and safety of students, staff and the public at state institutions of higher learning statewide; provided that the criteria and application process for project eligibility shall be developed by the higher education department's capital projects review and approval committee; and provided further that the criteria, application process and allocations shall be subject to review by the legislative finance committee and the department of finance and administration and approval by the state board of finance.

SECTION 28. WASTEWATER FACILITY CONSTRUCTION LOAN FUND 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, two million dollars ($2,000,000) is appropriated to the wastewater facility construction loan fund to implement the provisions of the Wastewater Facility Construction Loan Act or to provide state matching funds required by the terms of any federal grant under the Clean Water Act.

SECTION 29. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATIONS FROM THE GAME AND FISH BOND RETIREMENT FUND.--The following amounts are appropriated from the game and fish bond retirement fund to the department of game and fish for expenditure in fiscal years 2011 through 2015, unless otherwise provided for in Section 2 of this act, for the following purposes:

1. two hundred fifty thousand dollars ($250,000) for wildlife management area facility improvements statewide; and

2. three hundred thousand dollars ($300,000) to replace water pipelines at the hatchery in Red River in Taos county.

SECTION 30. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATIONS FROM THE GAME PROTECTION FUND.--The following amounts are appropriated from the game protection fund to the department of game and fish for expenditure in fiscal years 2011 through 2015, unless otherwise provided for in Section 2 of this act, for the following purposes:

1. one hundred twenty-five thousand dollars ($125,000) for improvements related to safety compliance at the Clayton, Snow, Quemado and Hopewell lake fisheries and their associated dams and spillways; and

2. two hundred thousand dollars ($200,000) to replace water pipelines at the hatchery in Red River in Taos county.

SECTION 31. 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 years 2011 through 2015, unless otherwise provided for in Section 2 of this act, for improvements related to safety compliance at the Clayton, Snow, Quemado and Hopewell lake fisheries and their associated dams and spillways.

SECTION 32. 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 2011 through 2015, unless otherwise provided for in Section 2 of this act, for the following purposes:

1. one million dollars ($1,000,000) for capital improvements to the New Mexico rail runner express; and

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

SECTION 33. 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 34. 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 35. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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