HOUSE BILL 219

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jason C. Harper and Tim D. Lewis

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 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 by the end of fiscal year 2018, 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 2020; 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. Except for a project that was originally funded using a tax-exempt loan or bond issue, a project involving repayment of debt previously incurred shall be funded through the issuance of taxable severance tax bonds with a term that does not extend beyond the fiscal year in which they are issued.

          G. 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 2020; 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 funds 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, nine hundred fifty thousand dollars ($950,000) is appropriated to the administrative office of the courts to plan, design, purchase and install high density file systems and security systems at magistrate courts statewide.

     SECTION 4. 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, one million seven hundred twenty thousand dollars ($1,720,000) is appropriated to the Bernalillo county metropolitan court to purchase and install a video surveillance system and to plan, design, construct, furnish and equip the fourth floor of the Bernalillo county metropolitan courthouse in Albuquerque in Bernalillo county.

     SECTION 5. BORDER AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the border authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the border authority for the following purposes:

          1. four hundred fifty thousand dollars ($450,000) for site improvements and to plan, design, construct, expand and renovate a conference room at the New Mexico border authority building in Santa Teresa in Dona Ana county; and

          2. two hundred fifty thousand dollars ($250,000) to plan, design, construct, equip and furnish a visitor's center at the New Mexico border authority building in Santa Teresa in Dona Ana county.

     SECTION 6. CAPITAL PROGRAM FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the facilities management 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 million dollars ($5,000,000) to plan, design, construct, furnish and equip phase 3 of the new Meadows building and for infrastructure improvements at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

          2. five hundred thousand dollars ($500,000) to purchase and install furnishings, fixtures, equipment and related infrastructure for a child wellness center in Albuquerque in Bernalillo county;

          3. two hundred eighty thousand dollars ($280,000) to plan, design, construct and renovate facilities, including the purchase and installation of security improvements, at the Camino Nuevo youth center at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          4. seven hundred fifty thousand dollars ($750,000) to plan, design, purchase and install security and code compliance improvements and to convert the existing swimming pool into a multi-use facility at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          5. one hundred ninety thousand dollars ($190,000) to plan, design, construct, purchase and install new domestic hot water boilers and to improve the Manzano and Sandia cottages at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          6. one million dollars ($1,000,000) to purchase and install specialized shelving for storage of public records at the state commission of public records facility in Albuquerque in Bernalillo county;

          7. eighty-five thousand dollars ($85,000) to plan, design, purchase and install a fire alarm system at the reintegration center in Eagle Nest in Colfax county;

          8. four hundred fifteen thousand dollars ($415,000) for site improvements and to plan, design, purchase and install heating, ventilation and air conditioning units, electrical system improvements, roofs and roof curbs at the J. Paul Taylor center in Las Cruces in Dona Ana county;

          9. nine hundred thousand dollars ($900,000) to plan and design a new evidence and records facility and crime laboratory, including expansion of the existing crime laboratory, at the department of public safety headquarters in Santa Fe in Santa Fe county;

          10. one million five hundred thousand dollars ($1,500,000) to plan, design, repair, renovate and equip correctional facilities statewide;

          11. four million dollars ($4,000,000) to plan, design, construct, purchase, install and equip security upgrades, including related infrastructure, at correctional facilities statewide;

          12. four million dollars ($4,000,000) to plan, design and replace heating, ventilation and air conditioning systems at correctional facilities statewide and to replace the wastewater system and sewer lines at southern New Mexico correctional facility in Dona Ana county;

          13. four million dollars ($4,000,000) to plan, design, construct, renovate, replace, remediate, abate, improve, furnish and equip department of health facilities statewide;

          14. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, renovate, furnish and equip state police district offices statewide;

          15. two million dollars ($2,000,000) to purchase easements and to plan, design, construct, equip and furnish the relocation of the Texico port of entry in Texico in Curry county;

          16. four million dollars ($4,000,000) to plan, design, construct, renovate, furnish and equip facilities, including infrastructure upgrades, demolition and abatement, at state-owned facilities statewide;

          17. two million five hundred thousand dollars ($2,500,000) to plan, design, construct and repair or replace the heating, ventilation and air conditioning units and roofs at the Albert Aragon building in Espanola in Rio Arriba county and the Harriet Sammons building in Farmington in San Juan county;

          18. four hundred thousand dollars ($400,000) to plan, design, construct and improve facilities, including interior service window renovations and lighting, at the James Murray building in Hobbs in Lea county and the Albert Aragon building in Espanola in Rio Arriba county;

          19. three hundred fifty thousand dollars ($350,000) to plan, design, construct, renovate and equip offices, including code compliance improvements, at workforce solutions department facilities statewide; and

          20. eighty-five thousand dollars ($85,000) to plan, design and construct improvements to the medical examination room at the Henry Perea building in Los Lunas in Valencia county.

     SECTION 7. 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, five million dollars ($5,000,000) is appropriated to the cultural affairs department to plan, design, construct, renovate, furnish and equip improvements and to purchase and install signs at museums, monuments and historic sites statewide.

     SECTION 8. 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. two hundred fifty thousand dollars ($250,000) for locomotive and boiler upgrades and rehabilitation to comply with federal railroad administration standards for the Cumbres and Toltec scenic railroad operating between New Mexico and Colorado; and

          2. two hundred fifty thousand dollars ($250,000) for track rehabilitation and related infrastructure improvements to the Cumbres and Toltec scenic railroad operating between New Mexico and Colorado.

     SECTION 9. SECOND JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the second judicial district court that the need exists for the issuance of the bonds, fifty-five thousand dollars ($55,000) is appropriated to the second judicial district court to purchase and install video cameras in public and inmate transport elevators at the second judicial district court in Albuquerque in Bernalillo county.

     SECTION 10. FOURTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the fourth judicial district court that the need exists for the issuance of the bonds, one hundred thirty thousand four hundred dollars ($130,400) is appropriated to the fourth judicial district court to plan, design and replace the electrical suppression system and to purchase and install security systems, including a duress alarm system, public view monitor, card reader systems, x-ray scanner and push button door releasers, at the fourth judicial district court in Las Vegas in San Miguel county.

     SECTION 11. NINTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the ninth judicial district court that the need exists for the issuance of the bonds, twenty-five thousand dollars ($25,000) is appropriated to the ninth judicial district court to plan, design, renovate and construct jury court rooms at the ninth judicial district court in Clovis in Curry county.

     SECTION 12. THIRTEENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the thirteenth judicial district court that the need exists for the issuance of the bonds, two hundred thousand dollars ($200,000) is appropriated to the thirteenth judicial district court to plan, design, purchase and install a digital surveillance system at the thirteenth judicial district court in Bernalillo in Sandoval county.

     SECTION 13. 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 to plan, design and construct infrastructure improvements in mainstreet and local arts and cultural districts statewide.

     SECTION 14. 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. one million dollars ($1,000,000) to purchase and equip law enforcement vehicles agency-wide; and

          2. two million dollars ($2,000,000) to plan, design and construct watershed restoration improvements, including forest thinning, statewide.

     SECTION 15. STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECTS--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, the following amounts are appropriated to the state parks division of the energy, minerals and natural resources department for the following purposes:

          1. one million dollars ($1,000,000) to acquire land and to plan, design, develop, improve, equip and furnish Pecos canyon state park, including site improvements and the purchase and installation of fencing and signage, in San Miguel county; and

          2. one million dollars ($1,000,000) to plan, design and upgrade water and wastewater infrastructure at state parks statewide.

     SECTION 16. 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. fifty thousand dollars ($50,000) to plan and design improvements at high-hazard dams owned by public entities statewide for water supply and irrigation use in New Mexico; and

          2. five hundred thousand dollars ($500,000) to purchase, construct, install and calibrate surface and ground water measurement structures statewide.

     SECTION 17. INDIAN WATER RIGHTS SETTLEMENT FUND--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, four million dollars ($4,000,000) 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 settlements in the Navajo Nation and Aamodt cases, the money may be expended by the interstate stream commission in fiscal year 2016 and subsequent fiscal years to implement the state's portion of the settlements, and any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

     SECTION 18. 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, seven hundred fifty thousand dollars ($750,000) is appropriated to the department of environment to plan, design and construct projects to improve surface water quality and river habitat statewide.

     SECTION 19. 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. one million dollars ($1,000,000) to plan, design and construct electrical improvements and power upgrades at the New Mexico state fairgrounds in Albuquerque in Bernalillo county;

          2. one million dollars ($1,000,000) to plan, design and construct sewer and water system improvements, including asphalt resurfacing, at the New Mexico state fairgrounds in Albuquerque in Bernalillo county; and

          3. two million dollars ($2,000,000) to plan, design, construct, repair and replace roofs at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

     SECTION 20. 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, one hundred fifty thousand dollars ($150,000) is appropriated to the department of health to purchase, repair and install scientific and analytical equipment, including recalibration of existing equipment, at the scientific laboratory division in Albuquerque in Bernalillo county.

     SECTION 21. 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, five hundred thousand dollars ($500,000) is appropriated to the homeland security and emergency management department for natural hazard mitigation community projects statewide and to match federal emergency management agency hazard mitigation grants.

     SECTION 22. 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, five hundred thousand dollars ($500,000) is appropriated to the department of military affairs for improvements, repairs and demolition and to purchase and install systems to improve energy efficiency and for staging areas at facilities statewide.

     SECTION 23. NEW MEXICO MORTGAGE FINANCE AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the New Mexico mortgage finance authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the New Mexico mortgage finance authority for the following purposes:

          1. five hundred thousand dollars ($500,000) to weatherize and improve energy efficiency in housing for low-income households statewide pursuant to the Affordable Housing Act; and

          2. one million dollars ($1,000,000) to plan, design, construct and rehabilitate affordable housing statewide pursuant to the New Mexico Housing Trust Fund Act and the Affordable Housing Act.

     SECTION 24. SPACEPORT AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the spaceport authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the spaceport authority for the following purposes:

          1. sixty thousand dollars ($60,000) to plan, design and construct an apron and taxiway at spaceport America in Sierra county; and

          2. eighty thousand dollars ($80,000) to plan and design internal roads and infrastructure for an industrial park at spaceport America in Sierra county.

     SECTION 25. TAXATION AND REVENUE DEPARTMENT PROJECT--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, four hundred thousand dollars ($400,000) is appropriated to the taxation and revenue department to purchase, install and equip scanners and microfilm processors, including related equipment, technology and infrastructure, for the revenue processing division in Santa Fe in Santa Fe county.

     SECTION 26. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE BIG GAME DEPREDATION DAMAGE FUND.--Notwithstanding the provisions of Section 17-3-13.4 NMSA 1978 to the contrary, five hundred thousand dollars ($500,000) is appropriated from the big game depredation damage fund to the department of game and fish for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, for fisheries renovation and wildlife and riparian habitat restoration statewide.

     SECTION 27. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH CAPITAL OUTLAY FUND.-- Notwithstanding the provisions of Section 17-1-22.1 NMSA 1978 to the contrary, five hundred thousand dollars ($500,000) is appropriated from the game and fish capital outlay fund to the department of game and fish for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, to renovate and improve hatcheries statewide.

     SECTION 28. 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 2016 through 2020, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. four million five hundred thousand dollars ($4,500,000) to acquire land and to plan, design, construct, furnish and equip area offices in Albuquerque in Bernalillo county and in Roswell in Chaves county;

          2. four million dollars ($4,000,000) to plan, design and construct improvements related to safety compliance at state-game-commission-owned dams and lakes and associated dams and spillways statewide;

          3. three million dollars ($3,000,000) to renovate and improve hatcheries statewide;

          4. two hundred fifty thousand dollars ($250,000) to plan, design, construct and improve new and existing shooting ranges statewide; and

          5. one million dollars ($1,000,000) for fisheries renovation and wildlife and riparian habitat restoration statewide.

     SECTION 29. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATIONS FROM THE HABITAT MANAGEMENT FUND.--The following amounts are appropriated from the habitat management fund to the department of game and fish for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. two hundred fifty thousand dollars ($250,000) to plan, design and construct improvements for wildlife habitat protection and sustainability at Pecos canyon state park in San Miguel county; and

          2. five hundred thousand dollars ($500,000) for fisheries renovation and wildlife and riparian habitat restoration statewide.

     SECTION 30. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE TRAIL SAFETY FUND.--Six hundred thousand dollars ($600,000) is appropriated from the trail safety fund to the department of game and fish for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, to construct off-highway vehicle recreation parks statewide.

     SECTION 31. MINERS' HOSPITAL PROJECTS--APPROPRIATIONS FROM THE MINERS' TRUST FUND.--The following amounts are appropriated from the miners' trust fund to the miners' Colfax medical center for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. seven hundred fifty thousand dollars ($750,000) to purchase, install and equip a cardiac monitoring system at the miners' Colfax medical center in Colfax county;

          2. one million dollars ($1,000,000) to plan, design, construct, renovate, equip and furnish mechanical and electrical system upgrades and improvements at the miners' Colfax medical center long-term care facility in Colfax county; and

          3. two hundred fifty thousand dollars ($250,000) to plan, design, construct, equip, upgrade and expand the Alzheimer's unit courtyard at the miners' Colfax medical center long-term care facility in Colfax county.

     SECTION 32. STATE LAND OFFICE PROJECT--APPROPRIATION FROM THE STATE LANDS MAINTENANCE FUND.--One hundred fifty thousand dollars ($150,000) is appropriated from the state lands maintenance fund to the state land office for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, to plan, design, purchase and install space saver storage systems at the state land office in Santa Fe in Santa Fe county.

     SECTION 33. 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 2016 through 2020, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. four hundred fifty thousand dollars ($450,000) to construct, equip and furnish a salt dome for the district 3 south urban patrol yard in Bernalillo county;

          2. one million five hundred thousand dollars ($1,500,000) to construct, equip and furnish a patrol building at the Gallina maintenance patrol yard in district 5 in Rio Arriba county;

          3. two hundred fifty-five thousand dollars ($255,000) to plan, design, construct, renovate, equip and furnish restrooms at the general office complex to comply with the Americans with Disabilities Act of 1990 in Santa Fe in Santa Fe county;

          4. two hundred ninety-one thousand dollars ($291,000) for electrical upgrades in the materials laboratory at the general office complex in Santa Fe in Santa Fe county; and

          5. two million four hundred thousand dollars ($2,400,000) to plan, design, construct and furnish district 2 patrol facilities in Capitan, Carrizozo, Hondo and Fort Sumner in Lincoln and De Baca counties.

     SECTION 34. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--APPROPRIATION FROM THE WATER PROJECT FUND.--Notwithstanding the provisions of the Water Project Finance Act to the contrary, two million dollars ($2,000,000) is appropriated from the water project fund to the energy, minerals and natural resources department for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, to plan, design and construct watershed restoration improvements, including forest thinning, statewide.

     SECTION 35. OFFICE OF THE STATE ENGINEER PROJECTS--APPROPRIATIONS FROM THE WATER PROJECT FUND.--Notwithstanding the provisions of the Water Project Finance Act to the contrary, the following amounts are appropriated from the water project fund to the office of the state engineer for expenditure in fiscal years 2016 through 2020, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. four hundred twenty thousand dollars ($420,000) for the San Juan river basin recovery project to protect and recover endangered fish in the San Juan river basin in San Juan county;

          2. two million dollars ($2,000,000) to plan, design and construct an engineered levee in the San Acacia reach in Socorro county; and

          3. five hundred thousand dollars ($500,000) to purchase, construct, install and calibrate surface and ground water measurement structures statewide.

     SECTION 36. 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 37. 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 38. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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