SB0065

SENATE BILL 65

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Carlos R. Cisneros

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; REAUTHORIZING BALANCES AND CHANGING PURPOSES; 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 federal 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 2014, 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 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. five hundred thousand dollars ($500,000) for security upgrades at magistrate courts statewide;

2. one million one hundred thousand dollars ($1,100,000) for security cameras, furniture, fixtures and other infrastructure for the first judicial district courthouse in Santa Fe in Santa Fe county; and

3. two hundred thirty-five thousand dollars ($235,000) for security enhancements for the fourth, ninth and eleventh judicial district courts, including furniture for the Aztec and Farmington courthouses in the eleventh judicial district.

SECTION 4. 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 5. 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, two hundred forty thousand dollars ($240,000) is appropriated to the Bernalillo county metropolitan court to construct public facilities on the fourth floor of the metropolitan court building in Albuquerque in Bernalillo county.

SECTION 6. 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 state commission of public records facilities in Albuquerque in Bernalillo county and Santa Fe in Santa Fe county;

2. two hundred fifty thousand dollars ($250,000) for improvements and upgrades at the human services department commodities warehouse in Albuquerque in Bernalillo county;

3. one million five hundred thousand dollars ($1,500,000) to improve, renovate and equip the workforce solutions department administration building, including replacing the ceiling, purchasing diffusers for the heating, ventilation and air conditioning system and lighting and structural upgrades, in Albuquerque in Bernalillo county;

4. four hundred fifty thousand dollars ($450,000) to construct, furnish and equip the Clovis field office of the motor vehicle division of the taxation and revenue department in Curry county;

5. twelve million dollars ($12,000,000) to upgrade the heating, ventilation and air conditioning systems and infrastructure in housing units and support buildings at the central New Mexico correctional facility in Valencia county and the western New Mexico correctional facility in Cibola county;

6. one million nine hundred seventy-five thousand dollars ($1,975,000) to plan and design a juvenile detention facility, which may include demolition of an existing facility, to implement Cambiar New Mexico in the southeastern part of the state;

7. two million dollars ($2,000,000) for infrastructure improvements and code compliance upgrades 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;

8. one million dollars ($1,000,000) to plan, design, renovate and expand the New Mexico state police district office in Espanola in Rio Arriba county; provided that three hundred thousand dollars ($300,000) of the appropriation is for purchasing and installing a modular building for the Chama state police district office in Rio Arriba county;

9. four million seven hundred thousand dollars ($4,700,000) to construct, furnish and equip additional patient housing units at the New Meadows long-term care facility at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

10. three million six hundred thousand dollars ($3,600,000) to renovate the dormitories, including upgrading plumbing, electrical and mechanical systems and other infrastructure, at the New Mexico law enforcement academy in Santa Fe county;

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

12. nine hundred thousand dollars ($900,000) for heating, ventilation and air conditioning system improvements, elevator upgrades and fire suppression upgrades at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

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

14. two million dollars ($2,000,000) for demolition, decommissioning and asbestos abatement of state buildings and campuses statewide; and

15. one million dollars ($1,000,000) for repairs, renovations, deferred maintenance, restoration, infrastructure improvements and construction at state buildings statewide.

SECTION 7. 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. two million five hundred thousand dollars ($2,500,000) to improve and complete critical unfinished projects, including furniture, equipment and exhibits, at state museums and monuments statewide; and

2. three million five hundred thousand dollars ($3,500,000) for repairs, upgrades and renovations to address health and safety deficiencies at state museums and monuments statewide.

SECTION 8. 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, eight hundred thousand dollars ($800,000) is appropriated to the Cumbres and Toltec scenic railroad commission for track and passenger car rehabilitation at the Cumbres and Toltec scenic railroad in Rio Arriba county.

SECTION 9. 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 infrastructure and renovation projects in downtown mainstreet districts statewide.

SECTION 10. 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 law enforcement vehicles statewide; and

2. two million dollars ($2,000,000) to conduct wildfire mitigation and forest restoration projects statewide and to purchase wildland fire trucks and equipment for communities at risk as listed in the New Mexico communities at risk assessment plan, including unincorporated areas and northern New Mexico pueblos.

SECTION 11. 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, two million dollars ($2,000,000) is appropriated to the state parks division of the energy, minerals and natural resources department for renovations at state parks statewide.

SECTION 12. 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. six million dollars ($6,000,000) to construct and rehabilitate the dam in Springer in Colfax county; and

2. seven hundred thousand dollars ($700,000) to purchase and install surface and ground water meters to assess water use, water supply, impairment, public welfare, conservation and water accountability statewide.

SECTION 13. STATE FAIR COMMISSION PROJECTS--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, the following amounts are appropriated to the state fair commission for the following purposes:

1. five hundred thousand dollars ($500,000) for infrastructure improvements, including sewer and other health and safety upgrades, at the New Mexico state fairgrounds in Albuquerque in Bernalillo county; and

2. six hundred thousand dollars ($600,000) for improvements, including replacing the heating, ventilation and air conditioning system and addressing electrical, mechanical and code compliance issues, at Tingley coliseum in Albuquerque in Bernalillo county.

SECTION 14. 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, eleven million dollars ($11,000,000) is appropriated to the department of finance and administration for completion of projects impacting the health and safety of the general public at the local government level statewide; provided that the projects funded meet the criteria for project eligibility developed by the department of finance and administration, legislative council service and 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 15. 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, two million one hundred thousand dollars ($2,100,000) is appropriated to the department of health to replace windows and purchase passenger vehicles to comply with the federal Americans with Disabilities Act of 1990 at the New Mexico behavioral health institute in Las Vegas in San Miguel county.

SECTION 16. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the homeland security and emergency management department that the need exists for the issuance of the bonds, one hundred thousand dollars ($100,000) is appropriated to the homeland security and emergency management department to plan and design a statewide notification system to transmit emergency information to the public.

SECTION 17. 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, two hundred thousand dollars ($200,000) is appropriated to the human services department 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.

SECTION 18. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--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, three million dollars ($3,000,000) is appropriated to the department of information technology for two-way radios and antenna systems and upgrades to support public safety communications statewide.

SECTION 19. 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, four hundred thousand dollars ($400,000) is appropriated to the department of military affairs to plan and design renovations for a readiness center in Alamogordo in Otero county.

SECTION 20. 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, one million seven hundred thousand dollars ($1,700,000) is appropriated to the supreme court building commission for renovations and repairs to address health and safety deficiencies, code compliance and security needs at the supreme court building in Santa Fe in Santa Fe county.

SECTION 21. 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 22. DEPARTMENT OF TRANSPORTATION--STATE ROAD FUND PROJECTS--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, the following amounts are appropriated to the state road fund for the following purposes:

1. ten million dollars ($10,000,000) for state highway improvements, including pavement preservation treatments, pavement overlay, rehabilitation and highway reconstruction statewide; and

2. fifteen million dollars ($15,000,000) for investment projects statewide; provided that six million dollars ($6,000,000) of this appropriation is contingent on equal matches by local political subdivisions.

SECTION 23. WASTEWATER FACILITY CONSTRUCTION LOAN FUND--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 thousand dollars ($1,400,000) 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 24. 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 25. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--APPROPRIATION FROM THE EQUIPMENT REPLACEMENT REVOLVING FUNDS.--One million dollars ($1,000,000) is appropriated from the equipment replacement revolving funds to the department of information technology for expenditure in fiscal years 2012 through 2016, unless otherwise provided for in Section 2 of this act, for two-way radios and antenna systems and upgrades to support public safety communications statewide.

SECTION 26. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH BOND RETIREMENT FUND.--One hundred thousand dollars ($100,000) is 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 improvements to facilities statewide, including warehouses, laboratories, the Raton area office, the Bear Canyon dam spillway, the Gordon railroad crossing, alternative energy assessments and the Bernardo house demolition and replacement project.

SECTION 27. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATION FROM THE GAME PROTECTION FUND.--Five hundred forty-seven thousand five hundred dollars ($547,500) is 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 improvements to facilities statewide, including warehouses, laboratories, the Raton area office, the Bear Canyon dam spillway, the Gordon railroad crossing, alternative energy assessments and the Bernardo house demolition and replacement project.

SECTION 28. MINERS' COLFAX MEDICAL CENTER PROJECT--APPROPRIATION FROM THE MINERS' TRUST FUND.--One million dollars ($1,000,000) is appropriated from the miners' trust fund to the miners' Colfax medical center for expenditure in fiscal years 2012 through 2016, unless otherwise provided for in Section 2 of this act, for the stucco project and for paving, drainage, lighting and security improvements at miners' Colfax medical center in Raton in Colfax county.

SECTION 29. PUBLIC EDUCATION DEPARTMENT PROJECT--APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--Two million five hundred thousand dollars ($2,500,000) is appropriated from the public school capital outlay fund to the public school capital outlay council, contingent upon approval of the public school capital outlay council, to renovate and construct public school pre-kindergarten classrooms statewide.

SECTION 30. 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 31. HEALTH AND HUMAN SERVICES COMPLEX--CHANGE TO IMPROVEMENTS AT STATE BUILDINGS STATEWIDE--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the capital program fund in Subsection 15 of Section 7 of Chapter 125 of Laws 2009 for the health and human services complex in Santa Fe in Santa Fe county shall not be expended for the original purpose but is changed for repairs, renovations, deferred maintenance, restoration, infrastructure improvements and construction at state buildings statewide.

SECTION 32. HUMAN SERVICES DEPARTMENT INFORMATION TECHNOLOGY--CHANGE TO SCHOOL BUS PURCHASE STATEWIDE--CHANGE AGENCY--SEVERANCE TAX BONDS.--Five million dollars ($5,000,000) of the unexpended balance of the appropriation to the human services department in Laws 2011 (S.S.), Chapter 5, Section 11 for information technology shall not be expended for the original purpose but is appropriated to the public education department to purchase school buses 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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