SENATE FINANCE COMMITTEE SUBSTITUTE FOR
SENATE BILL 10
50th legislature - STATE OF NEW MEXICO - first special 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 2016; 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. GENERAL FUND AND 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 the general fund or 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 2016; 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 thirty-two thousand dollars ($1,032,000) 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.
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. two hundred thirty thousand dollars ($230,000) 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 Cloudcroft/High Rolls 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 in Bernalillo and Sandoval counties and the 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. 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;
2. 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;
3. 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;
4. 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;
5. four million dollars ($4,000,000) for infrastructure upgrades, renovations and construction, which includes two million dollars ($2,000,000) for 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 and 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;
6. three million dollars ($3,000,000) for infrastructure and security improvements at the New Mexico behavioral health institute in Las Vegas in San Miguel county;
7. four million three hundred thousand dollars ($4,300,000) for construction of the New Meadows buildings at the New Mexico behavioral health institute in Las Vegas in San Miguel county;
8. five hundred thousand dollars ($500,000) for infrastructure improvements at the New Mexico state veterans' home in Truth or Consequences in Sierra county;
9. five million dollars ($5,000,000) for construction of the Alzheimer's skilled nursing unit at the New Mexico state veterans' home in Truth or Consequences in Sierra county;
10. two million dollars ($2,000,000) to upgrade, repair and equip correctional facilities statewide; and
11. four million dollars ($4,000,000) for repairs, renovations, deferred maintenance, restoration infrastructure improvements and construction at state buildings statewide.
SECTION 6. CULTURAL AFFAIRS DEPARTMENT PROJECT--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, one million dollars ($1,000,000) is appropriated to the cultural affairs department for repairs, upgrades and renovations at state museums and monuments statewide, including planning, designing and constructing the education center at the New Mexico museum of natural history and science in Albuquerque in Bernalillo county.
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 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 9. 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, five hundred thousand dollars ($500,000) 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 10. 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 two hundred fifty thousand dollars ($1,250,000) 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; and
2. six hundred thousand dollars ($600,000) 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.
SECTION 11. HUMAN SERVICES DEPARTMENT PROJECT--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, thirteen million six hundred thousand dollars ($13,600,000) is appropriated to the human services department to plan, design, purchase and install information technology, including related infrastructure; provided that the human services department submit quarterly reports to the department of finance and administration and the legislative finance committee on the department's oversight of the project.
SECTION 12. DEPARTMENT OF MILITARY AFFAIRS PROJECT--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, one million six hundred thousand dollars ($1,600,000) is appropriated to the department of military affairs to design and construct a readiness center in Farmington in San Juan county.
SECTION 13. 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, five hundred thousand dollars ($500,000) is appropriated to the secretary of state for information technology upgrades, including computers, servers and disaster recovery upgrades, at the secretary of state's office in Santa Fe in Santa Fe county.
SECTION 14. 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 to replace or upgrade the roof at the supreme court building in Santa Fe in Santa Fe county.
SECTION 15. 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, one million four hundred forty-four thousand four hundred dollars ($1,444,400) 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 federal Clean Water Act of 1977.
SECTION 16. 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 balances shall not revert at the end of a fiscal year.
SECTION 17. DEPARTMENT OF PUBLIC SAFETY PROJECT--GENERAL FUND.--Four million dollars ($4,000,000), of which two million two hundred thousand dollars ($2,200,000) is from proceeds from the sale of the state aircraft, is appropriated from the general fund to the department of public safety for expenditure in fiscal years 2012 through 2016, unless otherwise provided in Section 2 of this act, to purchase and equip vehicles; provided that three million dollars ($3,000,000) of this appropriation is expended for state police vehicles and one million dollars ($1,000,000) of this appropriation is expended for motor transportation vehicles.
SECTION 18. 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 2012 through 2016, 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 19. 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 2012 through 2016, 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 20. 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 2012 through 2016, 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 21. DEPARTMENT OF TRANSPORTATION PROJECT--APPROPRIATION FROM THE STATE ROAD FUND.--Three hundred fifty thousand dollars ($350,000) is appropriated from the state road fund to the department of transportation for expenditure in fiscal years 2012 through 2016, unless otherwise provided for in Section 2 of this act, for purchase, installation and construction of salt storage facilities statewide.
SECTION 22. 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 23. 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 24. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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