SB0008

SENATE BILL 8

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

INTRODUCED BY

Carlos Cisneros and Stuart Ingle

AN ACT

RELATING TO CAPITAL EXPENDITURES; REVERTING OR DISENCUMBERING BALANCES OF APPROPRIATIONS MADE FOR CERTAIN CAPITAL PROJECTS; CHANGING PURPOSES AND AUTHORIZATIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS OR CERTAIN OTHER FUNDS; VOIDING APPROPRIATIONS MADE FOR CERTAIN CAPITAL PROJECTS; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; REDUCING THE PERCENTAGES OF ESTIMATED SEVERANCE TAX BONDING CAPACITY ALLOCATED TO WATER, TRIBAL AND COLONIAS INFRASTRUCTURE PROJECTS; PROVIDING FOR A TEMPORARY CHANGE IN THE DETERMINATION OF ESTIMATED SEVERANCE TAX BONDING CAPACITY ALLOCATED TO THOSE PROJECTS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

SECTION 1. GENERAL FUND BALANCES REVERTED.--The following appropriations from the general fund shall not be expended, and the unexpended balances up to the amount specified shall revert to the general fund:

A. to the administrative office of the courts, five hundred thirty-four thousand five hundred sixty-one dollars ($534,561) in Item (4) of Section 5 of Chapter 11 of Laws 2016 to address court priorities, including funding for vehicles, furniture and equipment, at courts statewide;

B. to the corrections department, two million four hundred thousand dollars ($2,400,000) in Item (19) of Section 7 of Chapter 11 of Laws 2016 to purchase a commercial off-the- shelf offender management information system;

C. to the cultural affairs department, three hundred thousand dollars ($300,000) in Item (13) of Section 7 of Chapter 11 of Laws 2016 to modernize the cultural resources information system;

D. to the economic development department, twenty-one million five hundred fifty thousand dollars ($21,550,000) in Item (21) of Section 5 of Chapter 101 of Laws 2015 for local economic development projects statewide;

E. to the department of public safety, three million two hundred eighteen thousand dollars ($3,218,000) in the other category of appropriations to that department in Laws 2016, Chapter 11, Section 4;

F. to the Indian water rights settlement fund, five hundred thousand dollars ($500,000) in Laws 2015 (1st S.S.), Chapter 3, Section 49;

G. to the office of the state engineer, five hundred thousand dollars ($500,000) in Laws 2015 (1st S.S.), Chapter 3, Section 48 to plan, design and construct repairs, including purchase and installation of a liner to address the abutment and seepage mitigation, at Cabresto dam in Taos county and to design and construct outlet structures and other site improvements at Morphy Lake dam in Mora county; and

H. to the department of transportation:

(1) twenty-two million five hundred thousand dollars ($22,500,000) to the state road fund in Laws 2015 (1st S.S.), Chapter 3, Section 44 for expenditure in fiscal years 2016 through 2018 for road improvements statewide;

(2) four million dollars ($4,000,000) in Subsection 1 of Section 45 of Chapter 3 of Laws 2015 (1st S.S.) to plan, conduct environmental clearances, design, acquire rights of way, construct and reconstruct New Mexico highway 136, Airport road and Industrial road in the Santa Teresa area of Dona Ana county; and

(3) six hundred fifty thousand dollars ($650,000) in Subsection 2 of Section 45 of Chapter 3 of Laws 2015 (1st S.S.) to acquire rights of way and to plan, design and construct a bridge across the Puerco river on Allison road in Gallup in McKinley county.

SECTION 2. SEVERANCE TAX BONDS--CHANGE PURPOSES--CHANGE AUTHORIZATIONS AND PROVIDE FOR EXPENDITURES.--

A. Notwithstanding the requirements for reversion in Laws 2013, Chapter 226, the unexpended or unencumbered balances remaining up to the amount specified of severance tax bond proceeds authorized or appropriated in Laws 2013, Chapter 226 for the following described projects under the control of the following agencies shall not be expended for the original purposes but may be expended as provided in Section 3 of this 2016 act:

(1) to the aging and long-term services department:

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

2. five thousand dollars ($5,000) to make improvements for building code compliance, including purchase and installation of equipment, to the Pueblo of Santa Ana senior center in Sandoval county;

(2) to the department of environment, ten thousand dollars ($10,000) to plan, design and construct water system improvements, including a water storage tank, for the Sena mutual domestic water consumers association in San Miguel county;

(3) to the department of transportation:

1. fifteen thousand dollars ($15,000) to plan, design and construct a mid-block pedestrian safety crossing with pedestrian signal on Zuni road near Pennsylvania street in the international district in southeast Albuquerque in Bernalillo county;

2. four hundred thirty thousand dollars ($430,000) to plan, design and construct improvements to Zuni road in Albuquerque in Bernalillo county;

3. two hundred ninety-nine thousand dollars ($299,000) to plan, design and construct improvements, including curbs, gutters and drainage, to Corona road in the east mesa area of Dona Ana county; and

4. seventy-five thousand dollars ($75,000) to plan, design and construct improvements to Navajo route 7054 in the Pinedale chapter of the Navajo Nation in McKinley county;

(4) to the interstate stream commission:

1. thirty thousand dollars ($30,000) to plan, design and construct improvements to acequias Anton Chico, La Loma and Tecolotito in Guadalupe county;

2. one hundred thousand dollars ($100,000) to purchase water rights and storage space at the reservoirs in northern New Mexico for use by the memberships of acequias nortenas and the Rio de Chama acequias on the Rio Chama in Rio Arriba county;

3. fifteen thousand dollars ($15,000) to plan, design and construct ditch improvements, including a concrete-capped gabion and irrigation pipeline water control system, for the Gallina east and west community ditch in Rio Arriba county and to pay off an interstate stream commission loan; and

4. nine thousand five hundred dollars ($9,500) to construct improvements to the acequia de Morada in Santa Fe in Santa Fe county;

(5) to the local government division of the department of finance and administration:

1. ten thousand dollars ($10,000) to plan, design, construct and equip outdoor lighting at the Anthony ballpark in Chaparral in Dona Ana county;

2. two hundred sixteen thousand dollars ($216,000) to plan, design, repair, renovate and equip the sexual assault service provider and trauma treatment center and site, including purchasing and installing information technology and related infrastructure, in Santa Fe in Santa Fe county;

3. twenty-five thousand dollars ($25,000) to plan, design and construct improvements, including renovation of the parking area and installation of surrounding fencing, at the Talpa community center in Taos county; and

4. twenty-five thousand dollars ($25,000) for renovations to the plaza in the arts and cultural district in Taos in Taos county;

(6) to the office of the state engineer:

1. twenty thousand dollars ($20,000) for a hydrologic study of the upper Rio Hondo basin, including purchase and installation of well-monitoring equipment, in Lincoln county;

2. fifty thousand dollars ($50,000) to plan, design, renovate and construct improvements, including dredging, to the Nambe dam in Santa Fe county; and

3. four hundred twenty-five thousand dollars ($425,000) to construct a flood control facility and infrastructure downstream of interstate 25 in Belen in Valencia county; and

(7) to the public education department:

1. fifty thousand dollars ($50,000) to purchase, repair, replace and install perimeter fencing for the playground at El Dorado elementary school in the Santa Fe public school district in Santa Fe county; and

2. one hundred thousand dollars ($100,000) to plan, design, renovate and construct roofs at El Dorado elementary school in the Santa Fe public school district in Santa Fe county.

B. Notwithstanding the requirements for reversion in Laws 2014, Chapters 64 and 66, the unexpended or unencumbered balances remaining up to the amount specified of severance tax bond proceeds authorized, appropriated or reauthorized in Laws 2014, Chapters 64 and 66 for the following described projects under the control of the following agencies shall not be expended for the original or reauthorized purposes but may be expended as provided in Section 3 of this 2016 act:

(1) to the aging and long-term services department, fifty thousand dollars ($50,000) to design and construct an addition to the senior center in the Two Grey Hills chapter of the Navajo Nation in San Juan county;

(2) to the board of regents of New Mexico state university, one hundred twenty-five thousand dollars ($125,000) to construct the rehabilitation of the Garfield watershed structure for the Caballo soil and water conservation district in Dona Ana county;

(3) to the cultural affairs department, five hundred sixty-four thousand dollars ($564,000) to plan, design, construct, equip and furnish an information and welcome center at the entrance of the national Hispanic cultural center in Albuquerque in Bernalillo county;

(4) to the department of environment:

1. forty thousand dollars ($40,000) for property acquisition, and to construct and equip a zero discharge wastewater treatment facility, in Cimarron in Colfax county;

2. twenty-five thousand dollars ($25,000) to purchase and install information technology and upgrades to the supervisory control and data acquisition system, including related furniture, equipment and infrastructure, in Jal in Lea county;

3. one hundred fifty thousand dollars ($150,000) to plan, design and construct water system improvements in the Becenti chapter of the Navajo Nation in McKinley county;

4. twenty-five thousand dollars ($25,000) for site improvements and remediation for a community water tank in the Red Lake chapter of the Navajo Nation in McKinley county;

5. fifty thousand dollars ($50,000) to plan, design and construct improvements and repairs to water infrastructure and acequias for the Rio Arriba regional association of water users in Rio Arriba county;

6. fifty thousand dollars ($50,000) to plan, design, purchase and install water system improvements for the Gallina mutual domestic water consumers and mutual sewage works association in Rio Arriba county;

7. fifty-five thousand dollars ($55,000) to plan, design and construct a well and rehabilitate pumps in the Pueblo of Jemez in Sandoval county;

8. one hundred thousand dollars ($100,000) to design and construct improvements to the water lines and system and to install fire hydrants in Elephant Butte in Sierra county; and

9. twenty-six thousand dollars ($26,000) to plan, design, construct and equip a well and water system improvements for La Lama mutual domestic water consumers association in Taos county;

(5) to the department of transportation:

1. one hundred five thousand dollars ($105,000) to plan, design and construct phase 2 improvements to the intersection of Carlisle boulevard and Constitution avenue in Albuquerque in Bernalillo county;

2. one hundred thousand dollars ($100,000) for a center lane road median in the 100 block of Louisiana boulevard northeast in Albuquerque in Bernalillo county;

3. seventy thousand dollars ($70,000) to plan, design and construct improvements and rehabilitation of Rio Grande boulevard from Candelaria road to Griegos road, including signage and bicycle and pedestrian lanes, in Albuquerque in Bernalillo county;

4. one hundred thousand dollars ($100,000) for pedestrian safety, traffic calming and public art improvements on San Mateo boulevard, Gibson boulevard, Tramway boulevard and Lomas boulevard in Albuquerque in Bernalillo county;

5. one hundred fifty thousand dollars ($150,000) to plan, design and construct pedestrian safety, traffic calming and public art improvements on south Fourth street in Albuquerque in Bernalillo county;

6. one hundred thousand dollars ($100,000) to purchase and install street lights along Trumbull avenue southeast and San Pedro drive southeast in Albuquerque in Bernalillo county;

7. two hundred twenty-five thousand dollars ($225,000) to design and construct infrastructure improvements on Second street in Grants in Cibola county;

8. one hundred thousand dollars ($100,000) to construct street lighting and lighting improvements in the Alameda Depot neighborhood in Las Cruces in Dona Ana county;

9. four hundred twenty-five thousand dollars ($425,000) to plan, design, construct and equip a terminal at the regional airport in Lea county;

10. seventy-five thousand dollars ($75,000) to design, construct and equip improvements to downtown Main street, including curbs and gutters, sidewalks, irrigation, lighting and drainage, in Eunice in Lea county;

11. twenty-five thousand dollars ($25,000) to plan, design and construct sidewalk improvements to comply with the Americans with Disabilities Act of 1990 on Main street, United States highway 54, in Corona in Lincoln county;

12. one hundred thousand dollars ($100,000) to plan, design and construct improvements to Johnson road in the Twin Lakes chapter and surrounding area of the Navajo Nation in McKinley county;

13. one hundred thousand dollars ($100,000) to plan, design, construct and equip quiet railroad crossings south of Algodones in Sandoval county;

14. four hundred thousand dollars ($400,000) to plan, design and construct phase 2 drainage improvements for flood control on Alberta road for the southern Sandoval county arroyo flood control authority in Rio Rancho in Sandoval county;

15. one hundred seventy-five thousand dollars ($175,000) to design a south bridge over the Rio Grande in the Pueblo of San Felipe in Sandoval county; and

16. two hundred fifteen thousand dollars ($215,000) to plan, design and construct phase 2 improvements to Christopher road in Belen in Valencia county;

(6) to the Indian affairs department:

1. five hundred eighty-seven thousand five hundred dollars ($587,500) reauthorized to plan, design, renovate, construct, equip and furnish the permanent museum at the Indian pueblo cultural center;

2. one hundred thousand dollars ($100,000) to design and construct improvements to the chapter house in the Baahaali chapter of the Navajo Nation in McKinley county;

3. ninety-five thousand dollars ($95,000) to plan, design and construct power lines in the Coyote Canyon chapter of the Navajo Nation in McKinley county;

4. four hundred thousand dollars ($400,000) to plan, design and construct a veterans building in the Tohatchi chapter of the Navajo Nation in McKinley county;

5. fifty thousand dollars ($50,000) to plan, design and construct phase 2 of a roads maintenance yard for the Navajo department of transportation in the Whitehorse Lake chapter of the Navajo Nation in McKinley county;

6. three hundred sixty-five thousand dollars ($365,000) to plan, design and construct a multipurpose building in the Rock Springs chapter of the Navajo Nation in McKinley and San Juan counties; and

7. forty-five thousand dollars ($45,000) to construct and equip the Captain Tom irrigation canal system in the Newcomb chapter of the Navajo Nation in San Juan county;

(7) to the interstate stream commission:

1. sixty thousand dollars ($60,000) to plan, design and construct improvements for acequia de las Canovas in Servilleta Plaza in Rio Arriba county;

2. twenty thousand dollars ($20,000) to plan, design, construct and equip improvements to the Tecolote acequia system and infrastructure in San Miguel county;

3. eighty thousand dollars ($80,000) to plan, design and construct improvements to acequia Agua Fria in Santa Fe county; and

4. twenty thousand dollars ($20,000) to construct improvements to La Bajada community ditch in Santa Fe county;

(8) to the local government division of the department of finance and administration:

1. one hundred seventy-three thousand dollars ($173,000) to plan, design, construct and equip a radiology room at Roosevelt general hospital in the Roosevelt county special hospital district in Roosevelt county;

2. one hundred thousand dollars ($100,000) to plan, design, construct and replace the roof on the Roosevelt general hospital in the Roosevelt county special hospital district in Roosevelt county; and

3. one hundred thousand dollars ($100,000) to construct phase 3 improvements to the community center and commercial kitchen in Sabinal in Socorro county;

(9) to the office of the state engineer:

1. four hundred thousand dollars ($400,000) to plan, design, renovate and construct improvements to the San Mateo dam in Cibola county; and

2. three hundred thousand dollars ($300,000) to plan, design, renovate and construct improvements to the Cimarroncito dam in Colfax county; and

(10) to the public education department:

1. fifty-five thousand dollars ($55,000) to renovate, equip and furnish facilities at La Promesa early learning center charter school in Albuquerque in Bernalillo county;

2. ninety thousand dollars ($90,000) to purchase land and a building and to plan, design, construct, renovate and equip facilities for the Nuestros Valores charter school in the Albuquerque public school district in Bernalillo county;

3. ninety thousand dollars ($90,000) to plan, design and construct a hangar and tarmac for the Southwest Aeronautics, Mathematics and Science Academy charter school in Albuquerque in Bernalillo county;

4. forty thousand dollars ($40,000) to plan, design and construct a rainwater catchment and distribution system at the El Dorado community school in the Santa Fe public school district in Santa Fe county;

5. thirteen thousand five hundred dollars ($13,500) reauthorized to design, construct, equip and furnish improvements to the playground areas at Nye early childhood center at Wood Gormley elementary school in the Santa Fe public school district in Santa Fe county; and

6. thirty-five thousand dollars ($35,000) reauthorized to plan, design, construct and equip drainage improvements at the SER career academy in the Santa Fe public school district in Santa Fe county.

SECTION 3. SEVERANCE TAX BONDS--APPROPRIATIONS OF PROCEEDS.--The proceeds from severance tax bonds issued pursuant to Section 8 of this 2016 act or authorized as indicated in Section 2 of this 2016 act may be expended in the following amounts by the following agencies for the following purposes:

A. to the administrative office of the courts, five hundred thirty-four thousand five hundred sixty-one dollars ($534,561) to address court priorities, including funding for vehicles, furniture and equipment, at courts statewide;

B. to the corrections department, two million four hundred thousand dollars ($2,400,000) to purchase and implement a commercial off-the-shelf offender management information system;

C. to the cultural affairs department, three hundred thousand dollars ($300,000) to modernize the cultural resources information system;

D. to the economic development department, twenty-one million five hundred fifty thousand dollars ($21,550,000) for local economic development projects statewide;

E. to the department of public safety, three million two hundred eighteen thousand dollars ($3,218,000) to purchase and equip law enforcement vehicles;

F. to the Indian water rights settlement fund, five hundred thousand dollars ($500,000); 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, Taos and Aamodt cases, the money may be expended by the interstate stream commission in fiscal year 2017 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;

G. to the office of the state engineer, five hundred thousand dollars ($500,000) to plan, design and construct repairs, including purchase and installation of a liner to address the abutment and seepage mitigation, at Cabresto dam in Taos county and to design and construct outlet structures and other site improvements at Morphy Lake dam in Mora county; and

H. to the department of transportation:

(1) twenty-two million five hundred thousand dollars ($22,500,000) to the state road fund for expenditure in fiscal years 2017 through 2020 for road improvements statewide; notwithstanding the provisions of Subsection A of Section 13-1-119.1 NMSA 1978, the department may use a design and build delivery system for all projects funded through this appropriation;

(2) four million dollars ($4,000,000) to plan, conduct environmental clearances, design, acquire rights of way, construct and reconstruct New Mexico highway 136, Airport road and Industrial road in the Santa Teresa area of Dona Ana county; notwithstanding the provisions of Subsection A of Section 13-1-119.1 NMSA 1978, the department may use a design and build delivery system for all projects funded through this appropriation; and

(3) six hundred fifty thousand dollars ($650,000) to acquire rights of way and to plan, design and construct a bridge across the Puerco river on Allison road in Gallup in McKinley county; notwithstanding the provisions of Subsection A of Section 13-1-119.1 NMSA 1978, the department may use a design and build delivery system for the project funded through this appropriation.

SECTION 4. SEVERANCE TAX BONDS--CHANGE AUTHORIZATIONS TO RESTORE GENERAL FUND ALLOTMENTS.--

(1) to the aging and long-term services department:

1. seventy-five thousand dollars ($75,000) to construct and renovate the senior center in the Manuelito chapter of the Navajo Nation in McKinley county; and

2. fifty thousand dollars ($50,000) to plan and design the renovation and conversion of a senior center to a group home in the Two Grey Hills chapter of the Navajo Nation in San Juan county;

(2) to the department of environment:

1. fifty thousand dollars ($50,000) to plan, design, renovate, construct and equip water and wastewater system improvements in Cimarron in Colfax county;

2. fifty-one thousand dollars ($51,000) to plan, design and construct wastewater system improvements, including a collection system, for the Desert Aire mutual domestic water and sewer works association in Dona Ana county;

3. fifty thousand dollars ($50,000) to plan, design and construct water system improvements, including a well and water lines, for the Desert Aire mutual domestic water and sewer works association in Dona Ana county;

4. one hundred thousand dollars ($100,000) to construct phase 3 water system improvements in the Alamo chapter of the Navajo Nation in Socorro county; and

5. fifteen thousand dollars ($15,000) to plan, design and construct water system improvements, including a well for fire suppression, in Bartola canyon in Valencia county;

(3) to the department of game and fish, one hundred fifty thousand dollars ($150,000) to plan, design, construct, equip and landscape a cold water fish production facility in Santa Rosa in Guadalupe county;

(4) to the department of transportation:

1. three hundred three thousand dollars ($303,000) to plan, design and construct improvements, including environmental remediation, to the Albuquerque railyards in Bernalillo county;

2. three hundred twenty-five thousand dollars ($325,000) to plan, design and construct improvements to streets in Roswell in Chaves county;

3. twenty-five thousand dollars ($25,000) to design and construct Sky City road in the Manuelito chapter of the Navajo Nation in McKinley county;

4. twenty thousand dollars ($20,000) to plan, design and construct improvements to roads in the Red Lake chapter of the Navajo Nation in McKinley county;

5. one hundred thousand dollars ($100,000) to plan, design and construct improvements to Johnson road in the Twin Lakes chapter of the Navajo Nation in McKinley county; and

6. one hundred thousand dollars ($100,000) to design and construct improvements to the north Belen interchange in Valencia county;

(5) to the interstate stream commission:

1. twenty-five thousand dollars ($25,000) to plan, design and construct improvements to acequia del Molino in east Pecos in San Miguel county;

2. forty-six thousand seven hundred fifty dollars ($46,750) to plan, design and construct system improvements, including providing connections to acequia water sources and purchasing rights of way, for the acequia Agua Fria in Santa Fe county; and

3. fifty thousand three hundred eighty-six dollars ($50,386) to improve the electrical system to convey water from the well to the acequia for the acequia de la Cienega in La Cienega in Santa Fe county;

(6) to the local government division of the department of finance and administration, fifty thousand dollars ($50,000) to plan, design, construct and equip a shooting range in northern Eddy county; and

(7) to the office of the state engineer, fifty thousand dollars ($50,000) to plan and purchase water rights for Questa in Taos county.

(1) to the aging and long-term services department, one hundred fifty thousand dollars ($150,000) to plan, design and construct a parking lot, including lighting, at the senior center in the Chichiltah chapter of the Navajo Nation in McKinley county;

(2) to the department of environment:

1. one hundred thousand dollars ($100,000) to plan, design and construct water system improvements for the Colonias mutual domestic water consumers association in Las Colonias in Guadalupe county;

2. thirty thousand dollars ($30,000) to purchase and equip a water hauling truck and tractor for the Pastura mutual domestic water consumers association in Guadalupe county;

3. fifty thousand dollars ($50,000) to plan, design, construct and equip a potable water fill station in Carrizozo in Lincoln county;

4. fifty thousand dollars ($50,000) to plan, design and construct water system improvements for the Arroyo del Agua mutual domestic water association in Rio Arriba county;

5. one hundred thousand dollars ($100,000) to plan, design and construct improvements to the domestic drinking water system for the Abiquiu mutual domestic water consumers association and mutual sewage works association in Rio Arriba county;

6. fifteen thousand dollars ($15,000) to plan, purchase and install valves for the Chamita mutual domestic water consumers and sewage works association in Ohkay Owingeh in Rio Arriba county;

7. one hundred thousand dollars ($100,000) to plan, design and construct water lines in the Naschitti chapter of the Navajo Nation in San Juan county;

8. twenty thousand dollars ($20,000) to plan and construct water system improvements, including a pump house and installation of radio read meters, for the Tecolotito mutual domestic water consumers association in San Miguel county; and

9. forty thousand dollars ($40,000) to plan, design and construct improvements to the water well, distribution and storage systems in Questa in Taos county;

(3) to the department of finance and administration, one hundred thousand dollars ($100,000) to purchase an incomplete subdivision and plan, design and construct infrastructure improvements to provide green-built affordable housing for veterans, the elderly and low- to moderate-income families in Santa Fe in Santa Fe county pursuant to the provisions of the Affordable Housing Act;

(4) to the department of transportation:

1. seventy thousand dollars ($70,000) to design and construct street and drainage improvements in Angel Fire in Colfax county;

2. fifty thousand dollars ($50,000) to plan, design and construct safety improvements at the junction of United States highway 491 and Navajo service route 34 in the Sanostee chapter of the Navajo Nation in San Juan county; and

3. fifty thousand dollars ($50,000) to prepare the site for and to plan, design and construct a hangar facility at Taos regional airport in Taos county;

(5) to the Indian affairs department:

1. twenty thousand dollars ($20,000) to purchase and install information technology, including related equipment, furniture and infrastructure, at the Albuquerque Indian center in Albuquerque in Bernalillo county;

2. fifty thousand dollars ($50,000) reauthorized to plan, design and construct a multipurpose building in the Manuelito chapter of the Navajo Nation in McKinley county;

3. ninety thousand dollars ($90,000) to construct a modular building for the emergency response team in the Red Rock chapter of the Navajo Nation in McKinley county; and

4. seventy-five thousand dollars ($75,000) to plan, design, construct, equip and furnish the renovation and expansion of the medical and dental clinic serving the Torreon-Star Lake chapter of the Navajo Nation in Sandoval and McKinley counties;

(6) to the interstate stream commission:

1. fifteen thousand dollars ($15,000) to plan, design and construct improvements and to pay off a loan for acequia de la Posecion in Truchas in Rio Arriba county;

2. twenty-five thousand dollars ($25,000) to construct, purchase and install improvements, including the installation of head gates and ditch liners, to the acequia de los Chupaderos in Santa Fe county; and

3. seventy-five thousand dollars ($75,000) to design and construct the acequia de los Ranchos embankment structure and improvements in Chimayo in Santa Fe county;

(7) to the local government division of the department of finance and administration:

1. twenty thousand dollars ($20,000) reauthorized to plan, design and construct improvements to the Little Gardens lateral of Los Ranchos de Atrisco acequia in the middle Rio Grande conservancy district;

2. one hundred thousand dollars ($100,000) to purchase property for and to plan, design, construct and equip a route 66 story plaza in and around Louisiana boulevard and Central avenue in Bernalillo county;

3. one hundred fifteen thousand dollars ($115,000) to plan, design and construct phase 2 of the economic development project at Fifty-Seventh street and Central avenue northwest in the west Central metropolitan redevelopment district in Albuquerque in Bernalillo county;

4. seventy-five thousand dollars ($75,000) to purchase, plan, design and construct a multipurpose room for the youth crisis shelter in the south valley in Albuquerque in Bernalillo county;

5. seventy thousand dollars ($70,000) to purchase and equip passenger vans for the crossroads program in Eddy county;

6. thirty thousand dollars ($30,000) to plan, design and construct interior and exterior renovations to El Museo cultural facility in Santa Fe in Santa Fe county; and

7. seventy thousand dollars ($70,000) to plan, design and construct a playground in the town of Tajique land grant in Torrance county; and

(8) to the public education department:

1. one hundred five thousand dollars ($105,000) to purchase land and a building, to plan, design, construct, renovate and equip facilities and to purchase and install information technology, including related equipment, furniture and infrastructure, for Cien Aguas international school in Albuquerque in Bernalillo county; and

2. one hundred ten thousand dollars ($110,000) reauthorized to purchase property for and to design and construct a facility, including the purchase of a building and planning, renovating and equipping facilities and classrooms and the purchase and installation of information technology, including related furniture, equipment and infrastructure, for Cien Aguas international school in Albuquerque in Bernalillo county.

C. Upon certification by the secretary of finance and administration of the need to use proceeds from severance tax bonds authorized in Subsections A and B of this section to restore the allotments from the general fund for capital project appropriations whose expenditure periods ended on or before June 30, 2016, the board of finance division of the department of finance and administration shall transfer those proceeds to the general fund for that use by the department in fiscal year 2017.

SECTION 5. PUBLIC SCHOOL CAPITAL OUTLAY FUND APPROPRIATIONS DISENCUMBERED--TRANSFER TO DEPARTMENT OF FINANCE AND ADMINISTRATION TO RESTORE ALLOTMENTS FROM THE GENERAL FUND.--

A. Notwithstanding provisions of Section 7-27-12, 7-27-12.2 or 22-24-4 NMSA 1978 or any other law to the contrary, the unexpended balance of the appropriation from the public school capital outlay fund in Laws 2013, Chapter 226 to the board of regents of the New Mexico school for the deaf to purchase, install, plan, design, renovate and construct improvements to infrastructure throughout the campus of the New Mexico school for the deaf in Santa Fe in Santa Fe county shall not be expended for the original purpose, but shall be disencumbered and may be expended as provided in Subsection C of this section.

B. Notwithstanding provisions of Section 7-27-12, 7-27-12.2 or 22-24-4 NMSA 1978 or any other law to the contrary, the unexpended balance of the appropriation from the public school capital outlay fund in Laws 2015 (1st S.S.), Chapter 3, Section 75 to renovate and construct public school pre-kindergarten classrooms statewide shall not be expended for the original purpose, but shall be disencumbered and may be expended as provided in Subsection C of this section.

C. Upon certification by the secretary of finance and administration of the need to use the amount disencumbered pursuant to Subsections A and B of this section to restore the allotments from the general fund for capital project appropriations whose expenditure periods ended on or before June 30, 2016, the board of finance division of the department of finance and administration shall transfer the disencumbered amount to the general fund for that use by the department in fiscal year 2017.

SECTION 6. APPROPRIATION FROM PUBLIC SCHOOL CAPITAL OUTLAY FUND--TRANSFER TO DEPARTMENT OF FINANCE AND ADMINISTRATION TO RESTORE ALLOTMENTS FROM THE GENERAL FUND.--

A. The following appropriation is from the unexpended proceeds of supplemental severance tax bonds that are no longer needed for the projects for which bonds were issued. Notwithstanding the provisions of Section 7-27-12, 7-27-12.2 or 22-24-4 NMSA 1978 or any other law to the contrary, an amount not to exceed twelve million three hundred sixty-eight thousand six hundred twenty-nine dollars ($12,368,629) is appropriated from the public school capital outlay fund, contingent upon approval of the public school capital outlay council, for expenditure as provided in Subsection B of this section.

B. Upon certification by the secretary of finance and administration of the need to use an amount from the public school capital outlay fund as specified in Subsection A of this section to restore the allotments from the general fund for capital project appropriations whose expenditure periods ended on or before June 30, 2016, the board of finance division of the department of finance and administration shall transfer that amount to the general fund for that use by the department in fiscal year 2017.

SECTION 7. AUTHORIZATION TO ISSUE ADDITIONAL SHORT-TERM SEVERANCE TAX BONDS.--

A. In fiscal year 2017, in addition to the bonds issued in accordance with Section 7-27-14 NMSA 1978 and notwithstanding the limitations of that section, the state board of finance may, in accordance with the Severance Tax Bonding Act, issue and sell severance tax bonds whose terms end on or before June 30, 2017 when the secretary of finance and administration certifies the need for the bonds.

B. The secretary of finance and administration shall certify the need for bonds only if the balance in the severance tax bonding fund as of the date that the bonds are issued exceeds the sum of:

(1) the debt service on the severance tax bonds issued in accordance with this section and Section 8 of this 2016 act;

(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.

C. The state board of finance shall schedule the issuance and sale of the bonds as expeditiously and economically as possible. The board shall further take the appropriate steps necessary to comply with the Internal Revenue Code of 1986, as amended.

D. Proceeds from the sale of the bonds are appropriated to the general fund. The board of finance division of the department of finance and administration shall transfer the proceeds to the general fund for use by the department in fiscal year 2017 to restore the allotments from the general fund for capital project appropriations whose expenditure periods ended on or before June 30, 2016.

SECTION 8. 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 Section 3 of this 2016 act and for which severance tax bond proceeds authorized pursuant to Section 2 of this 2016 act are not otherwise used. 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 issued pursuant to this section or authorized as provided in Section 2 of this 2016 act are appropriated for the purposes specified in Section 3 of this 2016 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 or authorized as provided in Section 2 of this 2016 act is needed for the purposes specified in Section 3 of this 2016 act. If an agency has not certified the need for severance tax bond proceeds for a particular project by the end of fiscal year 2019, the authorization for that project is void.

C. Before an agency may certify for the need of severance tax bond proceeds issued pursuant to this section or authorized as provided in Section 2 of this 2016 act, 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 section or authorized as provided in Section 2 of this 2016 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 2021; and

(2) all remaining balances from the proceeds of severance tax bonds appropriated for a project pursuant to this section 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 section 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.

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 9. Section 7-27-10.1 NMSA 1978 (being Laws 2003, Chapter 134, Section 1, as amended) is amended to read:

"7-27-10.1. BONDING CAPACITY--AUTHORIZATION FOR SEVERANCE TAX BONDS--PRIORITY FOR WATER PROJECTS AND TRIBAL INFRASTRUCTURE PROJECTS.--

A. By January 15 of each year, the division shall estimate the amount of bonding capacity available for severance tax bonds to be authorized by the legislature.

B. The division shall allocate [ten] nine percent of the estimated bonding capacity each year for water projects, and the legislature authorizes the state board of finance to issue severance tax bonds in the annually allocated amount for use by the water trust board to fund water projects statewide [except for projects authorized in Subsection F of this section]. The water trust board shall certify to the state board of finance the need for issuance of bonds for water projects. The state board of finance may issue and sell the bonds in the same manner as other severance tax bonds in an amount not to exceed the authorized amount provided for in this subsection. If necessary, the state board of finance shall take the appropriate steps to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated to the water project fund in the New Mexico finance authority for the purposes certified by the water trust board to the state board of finance.

C. The division shall allocate the following percentages of the estimated bonding capacity for tribal infrastructure projects:

(1) in 2016, six and one-half percent; and

(2) in 2017 and each subsequent year, [five and one-half] four and one-half percent.

D. The legislature authorizes the state board of finance to issue severance tax bonds in the amount allocated pursuant to this section for use by the tribal infrastructure board to fund tribal infrastructure projects. The tribal infrastructure board shall certify to the state board of finance the need for issuance of bonds for tribal infrastructure projects. The state board of finance may issue and sell the bonds in the same manner as other severance tax bonds in an amount not to exceed the authorized amount provided for in this subsection. If necessary, the state board of finance shall take the appropriate steps to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated to the tribal infrastructure project fund for the purposes certified by the tribal infrastructure board to the state board of finance.

E. Money from the severance tax bonds provided for in this section shall not be used to pay indirect project costs. Any unexpended balance from proceeds of severance tax bonds issued for a water project or a tribal infrastructure project shall revert to the severance tax bonding fund within six months of completion of the project. The New Mexico finance authority shall monitor and ensure proper reversions of the bond proceeds appropriated for water projects, and the department of finance and administration shall monitor and ensure proper reversions of the bond proceeds appropriated for tribal infrastructure projects.

[F. The division shall:

(1) void the authorization to the water project fund held at the New Mexico finance authority to make grants or loans of severance tax bond proceeds for projects pursuant to Subsection U of Section 1 of Chapter 41 of Laws 2006 for the northwest New Mexico council of governments in McKinley county for a water distribution project and Subsection 25 of Section 1 of Chapter 139 of Laws 2007 for the Navajo Nation division of natural resources department of water resources water management branch for a regional water project in Rio Arriba, Sandoval, McKinley, San Juan and Cibola counties; and

(2) authorize the department of environment to make a grant of the unexpended proceeds of severance tax bonds issued in fiscal years 2006 and 2007 for the purposes of the water project fund to be used for the authorizations identified in Paragraph (1) of this subsection and appropriate to the department of environment five million three hundred seventy-five thousand two hundred forty-four dollars ($5,375,244) for the Navajo Nation division of natural resources department of water resources water management branch for a regional water distribution project in Rio Arriba, Sandoval, McKinley, San Juan and Cibola counties. Any unexpended balance of the funds authorized for expenditure in this section shall revert to the severance tax bonding fund at the end of fiscal year 2013 or upon completion of the project, whichever is earlier.

G.] F. As used in this section:

(1) "division" means the board of finance division of the department of finance and administration;

(2) "tribal infrastructure project" means a qualified project under the Tribal Infrastructure Act; and

(3) "water project" means a capital outlay project for:

(a) the storage, conveyance or delivery of water to end users;

(b) the implementation of federal Endangered Species Act of 1973 collaborative programs;

(d) flood prevention; or

(e) conservation, recycling, treatment or reuse of water."

SECTION 10. Section 7-27-12.5 NMSA 1978 (being Laws 2010, Chapter 10, Section 9, as amended) is amended to read:

"7-27-12.5. AUTHORIZATION FOR SEVERANCE TAX BONDS--PRIORITY FOR INFRASTRUCTURE PROJECTS FOR COLONIAS.--

A. After the annual estimate of severance tax bonding capacity pursuant to Subsection A of Section 7-27-10.1 NMSA 1978, the board of finance division of the department of finance and administration shall allocate the following percentages of the estimated bonding capacity for colonias infrastructure projects:

(1) in 2016, six and one-half percent; and

(2) in 2017 and each subsequent year, [five and one-half] four and one-half percent.

B. The legislature authorizes the state board of finance to issue severance tax bonds in the amount allocated pursuant to this section for use by the colonias infrastructure board to fund the projects. The colonias infrastructure board shall certify to the state board of finance the need for issuance of bonds for colonias infrastructure projects. The state board of finance may issue and sell the bonds in the same manner as other severance tax bonds in an amount not to exceed the authorized amount provided for in this subsection. If necessary, the state board of finance shall take the appropriate steps to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated to the colonias infrastructure project fund for the purposes certified by the colonias infrastructure board to the state board of finance.

C. Money from the severance tax bonds provided for in this section shall not be used to pay indirect project costs. Any unexpended balance from proceeds of severance tax bonds issued for a colonias infrastructure project shall revert to the severance tax bonding fund within six months of completion of the project. The colonias infrastructure board shall monitor and ensure proper reversions of the bond proceeds appropriated for the projects.

D. As used in this section, "colonias infrastructure project" means a qualified project under the Colonias Infrastructure Act."

SECTION 11. SEVERANCE TAX BONDING CAPACITY ESTIMATE--FISCAL YEAR 2017.--The board of finance division of the department of finance and administration shall subtract the amount of severance tax bonds issued in fiscal year 2017 pursuant to this 2016 act when it estimates the amount of severance tax bonding capacity available in fiscal year 2017 for severance tax bonds to be allocated for water projects and tribal infrastructure projects pursuant to Section 7-27-10.1 NMSA 1978 and for colonias infrastructure projects pursuant to Section 7-27-12.5 NMSA 1978.

SECTION 12. SEVERABILITY.--If, in this 2016 act, a specific reversion, a voided authorization, a change in the use of severance tax bond proceeds or an authorization to expend severance tax bond proceeds is held invalid or otherwise cannot be effectuated, the remainder of the act and any other reversion, voided authorization, change in the use of severance tax bond proceeds or authorization to expend severance tax bond proceeds shall not be affected.

SECTION 13. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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