SENATE BILL 83

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

INTRODUCED BY

Stuart Ingle

FOR THE CAPITOL BUILDINGS PLANNING COMMISSION

AN ACT

RELATING TO STATE FACILITIES; REQUIRING STATE AGENCIES TO SUBMIT FIVE-YEAR FACILITIES MASTER PLANS; PROVIDING FOR PLAN GUIDELINES; PROVIDING ADDITIONAL DUTIES FOR THE PROPERTY CONTROL DIVISION OF THE GENERAL SERVICES DEPARTMENT; AUTHORIZING SHORT-TERM SEVERANCE TAX BONDS TO BE ISSUED; RECONCILING CONFLICTING AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2001 BY REPEALING LAWS 2001, CHAPTER 293, SECTION 1; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 6-4-1 NMSA 1978 (being Laws 1975, Chapter 282, Section 3, as amended) is amended to read:

     "6-4-1. CAPITAL PROGRAMS--PREPARATION--DUTIES.--

          A. The department of finance and administration and the property control division of the general services department shall jointly prepare [amend and maintain a four-year program of major state capital improvement projects recommended to be undertaken by the state or to be undertaken with state aid or under state regulation] and annually update a five-year program for all state capital improvement projects, which program shall be submitted to the governor and legislature by November 1 of each year. The program shall [classify] prioritize projects with respect to urgency and need [for realization] and [it] shall recommend a time sequence for construction. The program shall [also contain the contract price or estimated cost of each project and it shall indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the construction and operation of each project] further classify the projects into:

                (1) those projects for which the initial planning and design phase has been completed and approved by the appropriate planning entity and that are awaiting consideration by the legislature and appropriation for the full project costs; and

                (2) those projects requesting funding for the initial planning and design phase for which the programming, delivery method, partial schematic design and construction cost estimates have not been determined or completed.

          B. Heads of departments and other agencies of the state shall transmit to the department of finance and administration, in the form and content prescribed by the property control division of the general services department, on July 1 of each year, a [statement of all] plan for proposed capital improvement projects [proposed] for the ensuing [four] five years for review and recommendation to the governor with respect to inclusion in the state capital program [of the state]. A state agency required to develop a facilities master plan pursuant to Section 6-4-1.1 NMSA 1978 shall submit its plan for proposed capital projects as part of its facilities master plan or update to that master plan."

     SECTION 2. A new Section 6-4-1.1 NMSA 1978 is enacted to read:

     "6-4-1.1. [NEW MATERIAL] FACILITIES MASTER PLANS--GUIDELINES.--

          A. Each state agency shall annually develop or update a five-year facilities master plan that describes all capital projects proposed for the ensuing five years and contains such other information as required by the property control division of the general services department pursuant to Subsection B of this section. The facilities master plan shall be submitted to the department of finance and administration on July 1 of each year pursuant to Section 6-4-1 NMSA 1978.

          B. The property control division shall prescribe the form and content of facilities master plans for state agencies to follow in the preparation of the master plans, consistent with the capitol buildings planning commission master plans and comprehensive planning principles. The property control division shall provide technical assistance to state agencies in the development of their facilities master plans. The guidelines shall include:

                (1) guidelines for development of the facilities master plans;

                (2) requirements for preventive and deferred maintenance plans, including standards for facility maintenance plans;

                (3) a ranking system to determine priority capital projects for state facilities;

                (4) space and energy efficiency standards for state facilities;

                (5) life-cycle costing models for existing and proposed state facilities; and

                (6) any other requirements that may assist the department of finance and administration, the property control division, the governor and the legislature in assessing needs and establishing priorities for including state capital projects in the state capital program.

          C. As used in this section, "state agency" means any department, institution, board, bureau, commission, district or committee of state government except:

                (1) political subdivisions of the state;

                (2) institutions under the jurisdiction of the higher education department;

                (3) the state transportation commission and the department of transportation in regard to facilities used directly for the transportation of natural resources, manufactured products or passengers, including communication and transportation structures and other facilities necessary for the operation of those facilities; provided that the state transportation commission and the department of transportation are each a "state agency" as used in this section in regard to facilities that are used for administrative purposes by those entities and are intended to provide work space for commission and department officers and employees, including buildings and the appurtenances, improvements, real estate, parking, utilities and access roads associated with a building and undeveloped or developed real estate that is intended for improvement for administrative purposes;

                (4) independent authorities specifically exempted from laws governing state agencies;

                (5) public schools and charter schools; and

                (6) the public school facilities authority when the authority acquires property pursuant to the Public School Capital Outlay Act."

     SECTION 3. Section 9-6-5.1 NMSA 1978 (being Laws 1983, Chapter 296, Section 7) is amended to read:

     "9-6-5.1. PLANNING POWERS AND DUTIES OF SECRETARY OF FINANCE AND ADMINISTRATION.--The secretary of [the department of] finance and administration, in addition to the other powers and duties conferred:

          A. shall review federal grant applications and provide management assistance;

          B. shall coordinate, in accordance with directives from the governor's office of policy and planning, state agency plans for economic, natural resource, energy resource and human resource development;

          C. shall provide aid to planning and development districts in developing grant proposals and cooperate with other local entities in developing grant proposals;

          D. shall [acquire] receive, study and review all plans for capital projects proposed by state agencies pursuant to Section 6-4-1 NMSA 1978 and render advice on the plans. The secretary shall maintain long-range estimates and plans for capital projects [and develop standards for measuring the need for and utility of proposed projects];

          E. may contract for, receive and utilize any grants or other financial assistance made available by the United States government or by any other source, public or private;

          F. may provide planning and funding assistance to units of local government, council of government organizations, Indian tribal governments situated within New Mexico and [to] nonprofit entities having for their purpose local, regional or community betterment. The secretary, incident to any such programs, may enter into contracts and agreements with such units of local government, council of government organizations, Indian tribal governments, nonprofit entities and the federal government and may participate in or receive aid from any federal or private program in relation to such a planning program or assistance;

          G. shall confer with the state budget division of the department of finance and administration in developing comprehensive plans to assure coordination of planning and budgeting functions;

          H. shall coordinate the state clearinghouse review process;

          I. shall develop a status of the state report;

          J. shall review and coordinate comment by state agencies on draft environmental impact statements;

          K. shall provide community development block grant technical assistance to local governments;

          L. shall administer, in consultation with and upon advice and direction from the community development block grant policy committee, the program for the state community development block grant program;

          M. shall serve as staff to the New Mexico association of regional councils;

          N. shall maintain a state planning library; and

          O. shall provide planning assistance to county and multi-county districts relative to application by such districts for financial assistance and for regional plan development."

     SECTION 4. Section 15-3B-4 NMSA 1978 (being Laws 1978, Chapter 166, Section 14, as amended by Laws 2001, Chapter 293, Section 1 and by Laws 2001, Chapter 319, Section 4) is amended to read:

     "15-3B-4. DIVISION--DUTIES--FEDERAL FUNDS.--

          A. The division shall:

                (1) unless otherwise specified by law, assign the use or occupancy of state buildings and lands under its jurisdiction to the state agency or political subdivision that may make the best and highest beneficial use of the property;

                (2) regulate the use or occupancy of buildings and real property under its jurisdiction and make reasonable requirements for the continuation of that use or occupancy;

                (3) regulate the lease purchase of buildings or other real property by state executive agencies, except the state land office;

                [(3)] (4) establish space standards for buildings under its jurisdiction;

                [(4)] (5) have custody of all maps, deeds, plats, plans, specifications, contracts, books and other papers connected with state buildings under its jurisdiction;

                [(5)] (6) secure copies of all documents of title to all real property under its jurisdiction held in the name of the state or for the use of the state, and index those documents so that the status of real property held by the state under its jurisdiction can be readily ascertained;

                [(6)] (7) control the lease or rental of space in private buildings by state executive agencies other than the state land office, including inspection for code compliance and life and safety issues. The director may act as lessee on behalf of a state agency if the division determines it is in the best interest of the state;

                [(7)] (8) make rules for the conduct of all persons in and about buildings and grounds under its jurisdiction necessary and proper for the safety, care and preservation of the buildings and grounds and for the safety and convenience of the persons while they are in and about the buildings and grounds;

                [(8)] (9) have the power to sell state buildings and real property under its jurisdiction in accordance with Sections 13-6-2 and 13-6-3 NMSA 1978. Any such sale shall be by quitclaim deed;

                [(9)] (10) have the power to purchase title insurance or a title opinion in conjunction with the sale of state buildings or land;

                [(10)] (11) have the power to enter into contracts for the improvement, alteration and reconstruction of the state buildings under its jurisdiction, including the governor's residence, and for the design and construction of additional buildings, to the extent funds are available;

                [(11)] (12) develop long-range programs for the continuing preservation and repair of buildings and improvements and for beautification of grounds and premises under its jurisdiction; 

                [(12)] (13) conduct continuing review and analysis of requirements for additional structures and facilities to house state agencies;

                [(13)] (14) ensure that on-site inspections of capital projects are conducted to verify that construction specifications are being met; [and

                (14)] (15) receive gifts, grants and donations from the federal government or other sources for the public buildings repair fund;

                (16) prescribe guidelines for state agencies to use in preparing five-year facilities master plans pursuant to Section 6-4-1.1 NMSA 1978; and

                (17) in conjunction with the department of finance and administration, prepare and submit a five-year program for all state capital improvement projects pursuant to Section 6-4-1 NMSA 1978.

          B. The provisions of this section are subject to federal law or rules if the buildings or property was purchased with federal funds.

          C. The division and a state agency or institution that controls property exempt from the jurisdiction of the division may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act giving the division the power to exercise control of the property as specified in the agreement."

     SECTION 5. [NEW MATERIAL] SHORT-TERM SEVERANCE TAX BONDS AUTHORIZED--APPROPRIATION OF PROCEEDS.--

          A. In addition to the bonds issued pursuant to Section 7-27-14 NMSA 1978 and notwithstanding the limitations of that section, in compliance with the Severance Tax Bonding Act, in fiscal year 2012, the state board of finance may issue and sell severance tax bonds with a term that does not extend beyond the fiscal year in which they are issued in an amount not exceeding three million three hundred thousand dollars ($3,300,000) when the director of the property control division of the general services department certifies the need for the issuance of the bonds.

          B. Two million three hundred thousand dollars ($2,300,000) of the proceeds from the sale of the bonds issued pursuant to Subsection A of this section is appropriated to the capital program fund to conduct a facility condition assessment of all state facilities, excluding political subdivisions of the state and independent authorities specifically exempted from laws governing state agencies, facilities under the jurisdiction of the higher education department, public school facilities and department of transportation facilities that are used for nonadministrative purposes.

          C. One million dollars ($1,000,000) of the proceeds from the sale of the bonds issued pursuant to Subsection A of this section is appropriated to the property control division to conduct facilities master planning with state agencies to develop and design five-year facilities master plans and updates for the state capital program.

          D. No severance tax bonds shall be issued pursuant to this section unless the balance in the severance tax bonding fund as of the date that the bonds are issued is greater than the sum of:

                (1) the debt service on the severance tax bonds to be issued pursuant to this section;

                (2) the debt service scheduled to be paid during the remainder of the fiscal year on all outstanding severance tax bonds and supplemental severance tax bonds; and

                (3) the amount necessary to meet all principal and interest payments on outstanding bonds payable from the severance tax bonding fund on the next two ensuing semiannual payment dates.

     SECTION 6. REPEAL.--Laws 2001, Chapter 293, Section 1 is repealed.

     SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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