HB0005

HOUSE BILL 5

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

George Dodge Jr. And Patricia A. Lundstrom

AN ACT

RELATING TO CAPITAL EXPENDITURES; CHANGING PURPOSES AND AUTHORIZATIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; VOIDING AUTHORIZATIONS FOR THE ISSUANCE OF SEVERANCE TAX BONDS FOR CERTAIN CAPITAL PROJECTS; SUSPENDING A PORTION OF THE SEVERANCE TAX BONDING CAPACITY ALLOCATIONS FOR WATER, TRIBAL AND COLONIAS INFRASTRUCTURE PROJECTS; REQUIRING THE ISSUANCE OF SEVERANCE TAX BONDS; PROVIDING FOR CERTAIN TRANSFERS TO THE GENERAL FUND FROM OTHER FUNDS AND ACCOUNTS; REVERTING BALANCES FROM APPROPRIATIONS FOR A FIREFIGHTER TRAINING BURN BUILDING; MAKING AND AMENDING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

SECTION 1. SEVERANCE TAX BONDS--CHANGE AUTHORIZATIONS TO RESTORE GENERAL FUND ALLOTMENTS.--

A. Notwithstanding the requirements for reversion in Laws 2013, Chapter 226, the unexpended or unencumbered balance remaining up to one hundred fifty-five thousand dollars ($155,000) of severance tax bond proceeds authorized or appropriated in Subsection 160 of Section 18 of Chapter 226 of Laws 2013 to the public education department to purchase and equip activity buses for the Las Vegas city public school district in San Miguel county shall not be expended for the original purpose but may be expended as provided in Subsection F of this section.

B. Notwithstanding the requirements for reversion in Laws 2014, Chapter 66, the unexpended or unencumbered balances remaining up to the amount specified of severance tax bond proceeds authorized or appropriated in Laws 2014, Chapter 66, Section 22 for the following described projects under the control of the local government division of the department of finance and administration shall not be expended for the original purposes but may be expended as provided in Subsection F of this section:

(1) one hundred thousand dollars ($100,000) to purchase property for and to plan, design, construct, equip and furnish improvements to the cemetery in Hurley in Grant county, as identified in Subsection 116 of that section;

(2) seventy thousand dollars ($70,000) to plan, design, construct, renovate and equip improvements to the Columbus park gazebo, restrooms and lighting on north Boundary road and New Mexico highway 11 in Columbus in Luna county, as identified in Subsection 140 of that section;

(3) forty thousand dollars ($40,000) to plan, design and construct a veterans memorial and cemetery at the Hillcrest cemetery in Gallup in McKinley county, as identified in Subsection 143 of that section;

(4) five hundred thousand dollars ($500,000) to plan, design and construct phase 2 renovations for a child development center in Alamogordo in Otero county, as identified in Subsection 151 of that section;

(5) fifty thousand dollars ($50,000) to plan, design and construct a county substance abuse therapeutic facility in Espanola in Rio Arriba county, as identified in Subsection 163 of that section; and

(6) one hundred thousand dollars ($100,000) to plan, design and construct a veterans cemetery in Llano Quemado in Taos county, as identified in Subsection 208 of that section.

C. Notwithstanding the requirements for reversion in Laws 2015 (1st S.S.), Chapter 3, the unexpended or unencumbered balances remaining up to the amounts specified of severance tax bond proceeds authorized or appropriated in Laws 2015 (1st S.S.), Chapter 3 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 Subsection F of this section:

(1) to the aging and long-term services department, forty thousand dollars ($40,000) to plan, design and construct improvements to the Mora senior center in Mora county, as identified in Subsection 43 of Section 3 of that chapter;

(2) to the public education department:

(a) forty-three thousand dollars ($43,000) to plan, design, purchase and install a heating, ventilation and air conditioning system and improvements for Media Arts Collaborative charter school in Bernalillo county, as identified in Subsection 3 of Section 15 of that chapter;

(b) one hundred forty-eight thousand two hundred fifty dollars ($148,250) to plan, design and construct phase 1 of a multipurpose sports and performance center at Cottonwood Classical preparatory school in Albuquerque in Bernalillo county, as identified in Subsection 6 of Section 15 of that chapter;

(c) one hundred twelve thousand dollars ($112,000) to plan, design, construct, renovate and equip facilities and to purchase and install information technology, including related equipment, furniture and infrastructure, for La Promesa early learning center in Albuquerque in Bernalillo county, as identified in Subsection 11 of Section 15 of that chapter;

(d) nineteen thousand two hundred fifty dollars ($19,250) to purchase and install high-definition video cameras for Media Arts Collaborative charter school in Bernalillo county, as identified in Subsection 12 of Section 15 of that chapter;

(e) twenty-five thousand dollars ($25,000) to plan, design, construct and install drainage improvements at Newcomb middle school in the Central consolidated school district in San Juan county, as identified in Subsection 228 of Section 15 of that chapter;

(f) one hundred thousand dollars ($100,000) to prepare the site for and plan, design, construct and equip facilities for the New Mexico school for the arts in Santa Fe county, as identified in Subsection 240 of Section 15 of that chapter;

(g) thirty thousand dollars ($30,000) to plan, design, construct, purchase and install an upgraded alarm system for DeVargas middle school in the Santa Fe public school district in Santa Fe county, as identified in Subsection 244 of Section 15 of that chapter;

(h) six thousand dollars ($6,000) to purchase and install interactive whiteboards for El Camino Real academy in the Santa Fe public school district in Santa Fe county, as identified in Subsection 246 of Section 15 of that chapter; and

(i) five thousand dollars ($5,000) to plan, design, construct, purchase and install a burglar alarm system at Ortiz middle school in the Santa Fe public school district in Santa Fe county, as identified in Subsection 252 of Section 15 of that chapter;

(3) to the office of the state engineer, three hundred seventy-five thousand dollars ($375,000) to plan, design and construct a flood control structure in the Dog canyon area of Otero county, as identified in Subsection 4 of Section 18 of that chapter;

(4) to the state fair commission, seventy thousand dollars ($70,000) to purchase and install equipment and to purchase the permanent art exhibit and digital, video, sound and lighting equipment and an air conditioner for the sound room for the African American performing arts center at the New Mexico state fair in Albuquerque in Bernalillo county, as identified in Subsection 1 of Section 21 of that chapter;

(5) to the Indian affairs department:

(a) seventy-five thousand dollars ($75,000) to plan, design, construct, equip, furnish, purchase and install a modular building for veterans in the Pinedale chapter of the Navajo Nation in McKinley county, as identified in Subsection 19 of Section 25 of that chapter; and

(b) fifty thousand dollars ($50,000) to plan, design and construct a charter school facility in the Red Lake chapter of the Navajo Nation in McKinley county, as identified in Subsection 20 of Section 25 of that chapter;

(6) to the interstate stream commission:

(a) ten thousand dollars ($10,000) to plan, design and construct improvements to the acequia de las Canovas, including installing piping, in Servilleta Plaza in Rio Arriba county, as identified in Subsection 9 of Section 27 of that chapter; and

(b) fifteen thousand dollars ($15,000) to plan and design improvements to the acequia de las Canovas in Servilleta Plaza in Rio Arriba county, as identified in Subsection 10 of Section 27 of that chapter;

(7) to the local government division of the

department of finance and administration:

(a) forty-five thousand two hundred dollars ($45,200) to plan, design, purchase, install and construct equipment for organic farming initiatives in the South Valley area in Bernalillo county, as identified in Subsection 2 of Section 28 of that chapter;

(b) one hundred thousand dollars ($100,000) to plan, design, renovate and construct infrastructure improvements, including turf replacement, at the Altamont little league park and fields in Bernalillo county, as identified in Subsection 3 of Section 28 of that chapter;

(c) seventy-three thousand nine hundred twenty dollars ($73,920) to plan, design, construct, furnish and equip improvements to the Amistad youth crisis center in the South Valley area of Bernalillo county, as identified in Subsection 4 of Section 28 of that chapter;

(d) ten thousand dollars ($10,000) to construct, purchase and install fencing and furnishings for the East Mountain little league in Bernalillo county, as identified in Subsection 7 of Section 28 of that chapter;

(e) two hundred ten thousand dollars ($210,000) to plan, design, improve, construct and equip fields at the Swede Scholer regional recreational complex in Bernalillo county, as identified in Subsection 11 of Section 28 of that chapter;

(f) one hundred sixty thousand dollars ($160,000) to plan, design and construct infrastructure, including water, sewer, electricity and roads, at the South Valley commons in Bernalillo county, as identified in Subsection 13 of Section 28 of that chapter;

(g) fifty-five thousand dollars ($55,000) to plan, design, purchase, construct and equip a food hub and manufacturing facility in the South Valley of Bernalillo county, as identified in Subsection 14 of Section 28 of that chapter;

(h) fifty-five thousand dollars ($55,000) to purchase vehicles and equipment for the commercial driver's license training program in Albuquerque in Bernalillo county, as identified in Subsection 23 of Section 28 of that chapter;

(i) one hundred six thousand dollars ($106,000) to purchase, install and construct shade structures to cover bleachers at Paradise Hills little league fields in Albuquerque in Bernalillo county, as identified in Subsection 46 of Section 28 of that chapter;

(j) forty-one thousand dollars ($41,000) to purchase and install radio and media equipment and information technology, including related furniture and infrastructure, in the South Valley area in Albuquerque in Bernalillo county, as identified in Subsection 77 of Section 28 of that chapter;

(k) one hundred seventy-three thousand six hundred dollars ($173,600) to design, renovate, construct, equip, purchase and install final phase interior and exterior improvements to facilities and grounds at the transitional living and recovery center in Bernalillo county, as identified in Subsection 79 of Section 28 of that chapter;

(l) sixty-five thousand dollars ($65,000) to purchase and install furniture, equipment and information technology, including related infrastructure, and to plan, design, construct, renovate and equip an indoor-outdoor playground and facility improvements for a program for abused and neglected children in Albuquerque in Bernalillo county, as identified in Subsection 80 of Section 28 of that chapter;

(m) forty thousand dollars ($40,000) to plan, design, construct and furnish improvements to a youth crisis center in the South Valley in Albuquerque in Bernalillo county, as identified in Subsection 83 of Section 28 of that chapter;

(n) fifty-five thousand dollars ($55,000) to renovate and restore the historic downtown Lyceum theater and to acquire buildings and plan, design, renovate and equip property adjacent to the theater for a performing arts and multiuse facility in Clovis in Curry county, as identified in Subsection 100 of Section 28 of that chapter;

(o) four hundred two thousand dollars ($402,000) to plan, design, construct, furnish and equip a facility and related infrastructure to be owned by Las Cruces in Dona Ana county for film, digital media and entertainment arts production, as identified in Subsection 114 of Section 28 of that chapter;

(p) twenty-five thousand dollars ($25,000) to plan, design and construct improvements to the museums in Las Cruces in Dona Ana county, as identified in Subsection 121 of Section 28 of that chapter;

(q) twenty-five thousand dollars ($25,000) to plan, design and construct phase 1 of a primary health care clinic, including infrastructure and a solar array, for the Anton Chico land grant in Guadalupe county, as identified in Subsection 138 of Section 28 of that chapter;

(r) seventy thousand eight hundred ten dollars ($70,810) to purchase and install storage buildings and to plan, design, construct and renovate facilities, including electrical, mechanical, plumbing, safety and accessibility improvements, at a residential care facility serving developmentally disabled adults in Carrizozo in Lincoln county, as identified in Subsection 151 of Section 28 of that chapter;

(s) thirty-two thousand five hundred dollars ($32,500) to plan, design and construct improvements to the Sixteen Springs schoolhouse for the Sacramento mountains historical society and pioneer village in Cloudcroft in Otero county, as identified in Subsection 164 of Section 28 of that chapter;

(t) four thousand dollars ($4,000) to purchase, equip and install a sound system, including accessories, for the Sacramento mountains historical society museum in Cloudcroft in Otero county, as identified in Subsection 165 of Section 28 of that chapter;

(u) twenty thousand dollars ($20,000) to purchase a van for disabled veterans' transportation services in Espanola in Rio Arriba county, as identified in Subsection 179 of Section 28 of that chapter;

(v) seventy thousand dollars ($70,000) to plan, design, repair and construct improvements to the fire department and multipurpose facility in Cochiti Lake in Sandoval county, as identified in Subsection 194 of Section 28 of that chapter;

(w) ninety thousand dollars ($90,000) to plan, design, renovate and construct improvements to the historic Jemez Springs bathhouse in Jemez Springs in Sandoval county, as identified in Subsection 199 of Section 28 of that chapter;

(x) twenty-five thousand dollars ($25,000) to equip and furnish the building and to purchase and install information technology, including related equipment, furniture and infrastructure, in the Agua Fria association water board office building in the Agua Fria area of Santa Fe county, as identified in Subsection 205 of Section 28 of that chapter;

(y) fifty thousand dollars ($50,000) to plan, design and construct improvements and roof replacement in the Agua Fria association water board office building in the Agua Fria area of Santa Fe county, as identified in Subsection 206 of Section 28 of that chapter;

(z) thirty thousand dollars ($30,000) to plan, design, construct, purchase and install a heating, ventilation and air conditioning system for the boys and girls club in Santa Fe in Santa Fe county, as identified in Subsection 210 of Section 28 of that chapter; and

(aa) thirty thousand dollars ($30,000) to plan, design and construct improvements, including the purchase and installation of playground equipment and surfaces, at boys and girls club facilities in Santa Fe in Santa Fe county, as identified in Subsection 211 of Section 28 of that chapter;

(8) to the department of transportation:

(a) one hundred twenty-five thousand three hundred seventy-six dollars ($125,376) to plan, design and construct improvements to Carbon Coal road in McKinley county, as identified in Subsection 45 of Section 33 of that chapter;

(b) twenty-five thousand dollars ($25,000) to acquire rights of way and to design and construct improvements to McKinley county road 16, also known as Sundance Coal Mine road, for the Churchrock chapter of the Navajo Nation in McKinley county, as identified in Subsection 46 of Section 33 of that chapter; and

(c) twenty-five thousand dollars ($25,000) to plan and design safety and drainage improvements and a bridge for United States highway 491 in the Sanostee chapter of the Navajo Nation in San Juan county, as identified in Subsection 55 of Section 33 of that chapter;

(9) to the board of regents of New Mexico military institute, two hundred thirty-eight thousand dollars ($238,000) to plan, design, construct, demolish and equip the Stapp field military parade review stand, including seating and accessibility and electrical upgrades, at New Mexico military institute in Roswell in Chaves county, as identified in Subsection 2 of Section 37 of that chapter; and

(10) to the board of regents of northern New Mexico state school, sixty thousand dollars ($60,000) to design and construct public restrooms, a mechanical room and a portal and to renovate and improve the parking lot east of the vendor plaza for the Espanola farmers' market on land owned by northern New Mexico state school in Espanola in Rio Arriba county, as identified in Subsection 2 of Section 40 of that chapter.

D. Notwithstanding the requirements for reversion in Laws 2015, Chapter 147, the unexpended or unencumbered balances remaining up to the amounts specified of severance tax bond proceeds reauthorized in Laws 2015, Chapter 147 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 Subsection F of this section:

(1) to the public education department, fifty thousand dollars ($50,000) reauthorized by Section 44 of that chapter to plan, design, purchase, construct, renovate and equip a multipurpose facility for tri-county youth and their families in the Moriarty-Edgewood school district in Torrance and Santa Fe counties;

(2) to the Indian affairs department:

(a) one hundred fifty thousand dollars ($150,000) reauthorized by Section 38 of that chapter to plan, design and construct a power line extension in the Tohatchi chapter of the Navajo Nation in McKinley county; and

(b) fifty thousand dollars ($50,000) reauthorized by Section 40 of that chapter to construct, purchase and install a warehouse facility in the Tohatchi chapter of the Navajo Nation in McKinley county;

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

(a) ninety-three thousand seven hundred ninety dollars ($93,790) reauthorized by Section 3 of that chapter to purchase and install equipment at a county facility in Bernalillo county;

(b) one hundred thousand dollars ($100,000) reauthorized by Section 30 of that chapter for improvements, including tile and roof replacement, to the community pantry in Gallup in McKinley county;

(c) fifty thousand dollars ($50,000) reauthorized by Section 43 of that chapter to plan, design and construct a high-speed broadband infrastructure network into Bernalillo and Sandoval counties and rural northern New Mexico to integrate with the existing regional economic development initiative net open access network in north central New Mexico;

(d) seventy-five thousand dollars ($75,000) reauthorized by Section 48 of that chapter for information technology for a residential substance abuse treatment and recovery program in Velarde in Rio Arriba county; and

(e) forty-five thousand dollars ($45,000) reauthorized by Section 70 of that chapter to plan, design, construct and repair facilities, including the heating, ventilation and air conditioning system, and constructing and renovating security lighting, parking lots and sidewalks at the Alto street medical center clinic in Santa Fe in Santa Fe county; and

(4) to the department of transportation, thirty-five thousand dollars ($35,000) reauthorized by Section 28 of that chapter to plan, design and construct the south loop road around Carlsbad in Eddy county.

E. Notwithstanding the requirements for reversion in Laws 2016 (2nd S.S.), Chapter 5, seven million dollars ($7,000,000) of the unexpended or unencumbered balance remaining of severance tax bond proceeds authorized or appropriated in Subsection D of Section 3 of Chapter 5 of Laws 2016 (2nd S.S.) to the economic development department for local economic development projects statewide shall not be expended for the original purpose but may be expended as provided in Subsection F of this section.

F. Upon certification by the secretary of finance and administration of the need to use proceeds from severance tax bonds authorized in Subsections A through E of this section to restore the allotments from the general fund for capital project appropriations whose expenditure periods end 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 2. SEVERANCE TAX BONDS--VOID AUTHORIZATIONS FOR ISSUANCE OF BONDS.--

A. Notwithstanding the requirements for reversion in Laws 2015 (1st S.S.), Chapter 3, the authorization for each of the following described projects under the control of the following agencies in Laws 2015 (1st S.S.), Chapter 3 is void to the extent that severance tax bonds have not been issued for the project:

(1) to the capital program fund, thirty-five thousand dollars ($35,000) to plan, design and construct a civil rights museum and a library for the Martin Luther King, Jr. commission in Albuquerque in Bernalillo county, as identified in Subsection 3 of Section 6 of that chapter;

(2) to the public education department, one hundred thousand dollars ($100,000) to acquire land for Technology Leadership high school in Bernalillo county, as identified in Subsection 18 of Section 15 of that chapter;

(3) to the department of environment:

(a) ninety thousand dollars ($90,000) to plan, design, construct, purchase and install improvements, including a water tank and supervisory control and data acquisition system connection, to the water system for Lake Arthur in Chaves county, as identified in Subsection 5 of Section 20 of that chapter; and

(b) fifty thousand dollars ($50,000) to plan, design and construct a water storage tank for the Tierra Amarilla mutual domestic water association in Rio Arriba county, as identified in Subsection 45 of Section 20 of that chapter;

(4) to the Indian affairs department, one hundred thousand dollars ($100,000) to plan, design and construct a new chapter house for the Lake Valley chapter of the Navajo Nation in San Juan county, as identified in Subsection 40 of Section 25 of that chapter;

(5) to the interstate stream commission:

(a) thirty thousand dollars ($30,000) to plan, design and construct improvements to the Hormigoso, Tecolotito, Ranchitos, Anton Chico and Vado de Juan Paiz acequias in Guadalupe county, as identified in Subsection 2 of Section 27 of that chapter;

(b) twenty thousand dollars ($20,000) to repair and restore the acequia de la Otra Vanda in Rio Arriba county, as identified in Subsection 6 of Section 27 of that chapter;

(c) ten thousand dollars ($10,000) to plan, design and construct improvements to the diversion dam and ditch, including headgates and mechanisms, for the San Jose de Hernandez community ditch in Hernandez in Rio Arriba county, as identified in Subsection 12 of Section 27 of that chapter;

(d) thirty thousand dollars ($30,000) to plan, design and construct improvements to the Sanchez, Lucero, Trujillo acequia north of Ojo Caliente in Rio Arriba county, as identified in Subsection 8 of Section 27 of that chapter;

(e) ten thousand dollars ($10,000) to plan, design and construct improvements to and repair and install headgates for the southside acequia Madre in Villanueva in San Miguel county, as identified in Subsection 18 of Section 27 of that chapter;

(f) twenty-five thousand dollars ($25,000) to plan, design and construct improvements to the acequia Madre de Las Vegas in San Miguel county, as identified in Subsection 16 of Section 27 of that chapter;

(g) twenty-five thousand dollars ($25,000) to plan, design, construct and install phase 2 improvements to the San Augustin community ditch in San Miguel county, as identified in Subsection 15 of Section 27 of that chapter;

(h) thirty thousand dollars ($30,000) to plan, design, construct and equip improvements to the acequia de La Cienega at camino Capilla Vieja in Santa Fe county, as identified in Subsection 24 of Section 27 of that chapter; and

(i) one hundred thousand dollars ($100,000) to plan, design, renovate, construct, purchase and equip improvements to El Guicu ditch in the La Cienega area in Santa Fe county, as identified in Subsection 22 of Section 27 of that chapter; and

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

(a) one hundred twenty-three thousand dollars ($123,000) to plan, design, construct, equip and furnish improvements and information technology, including related equipment, furniture and infrastructure, at a community development agency in Bernalillo county, as identified in Subsection 6 of Section 28 of that chapter;

(b) fifty thousand dollars ($50,000) to furnish and equip and to purchase and install information technology, including related equipment, furniture and infrastructure, for a center serving homeless, formerly incarcerated women in Albuquerque in Bernalillo county, as identified in Subsection 73 of Section 28 of that chapter;

(c) eleven thousand dollars ($11,000) to plan and design the New Mexico civil justice center in Albuquerque in Bernalillo county, as identified in Subsection 75 of Section 28 of that chapter;

(d) fifty-five thousand dollars ($55,000) to plan, design, purchase and install safety and security equipment for the Roosevelt general hospital in the Roosevelt county special hospital district in Roosevelt county, as identified in Subsection 184 of Section 28 of that chapter; and

(e) twenty-five thousand dollars ($25,000) to plan, design, construct and equip a records storage vault for voter registration documents for the county clerk's office in Roosevelt county, as identified in Subsection 182 of Section 28 of that chapter.

B. Notwithstanding the requirements for reversion in Laws 2016, Chapter 81, the authorization for each of the following described projects under the control of the following agencies in Laws 2016, Chapter 81 is void to the extent that severance tax bonds have not been issued for the project:

(1) to the public education department:

(a) thirty-five thousand two hundred seventy-eight dollars ($35,278) to plan, design, construct, furnish and equip improvements, including the purchase and installation of information technology and related equipment, furniture and infrastructure, for the head start program in the West Las Vegas public school district in San Miguel county, as identified in Subsection 178 of Section 14 of that chapter;

(b) fifty-five thousand dollars ($55,000) to purchase and equip a bus for the special Olympics program in the West Las Vegas public school district in San Miguel county, as identified in Subsection 180 of Section 14 of that chapter;

(c) forty-five thousand dollars ($45,000) to plan, design and construct improvements to the Nambe head start facility in the Pojoaque Valley public school district in Santa Fe county, as identified in Subsection 186 of Section 14 of that chapter;

(d) one hundred thousand dollars ($100,000) to plan, design, construct, purchase and install bleachers for the gymnasium in Los Lunas middle school in the Los Lunas public school district in Valencia county, as identified in Subsection 204 of Section 14 of that chapter; and

(e) one hundred thousand dollars ($100,000) to plan, design, construct, purchase and install bleachers at Valencia high school in the Los Lunas public school district in Valencia county, as identified in Subsection 205 of Section 14 of that chapter;

(2) to the department of environment:

(a) three million dollars ($3,000,000) to plan, design and construct a wastewater system for the Flora Vista mutual domestic water association in San Juan county, as identified in Subsection 55 of Section 18 of that chapter;

(b) one hundred twenty-five thousand dollars ($125,000) to plan, design and construct phase 2 water system improvements and remediation in Placitas in Sandoval county, as identified in Subsection 68 of Section 18 of that chapter;

(c) one hundred thousand dollars ($100,000) to plan, design and construct a water well, water storage tanks, water lines and a building, including purchase and installation of related equipment, in Placitas in Sandoval county, as identified in Subsection 69 of Section 18 of that chapter; and

(d) twenty thousand dollars ($20,000) to plan, design, construct and renovate the Llano Quemado mutual domestic water consumers association water system, including water lines, a water tank and a well, in Llano Quemado in Taos county, as identified in Subsection 80 of Section 18 of that chapter;

(3) to the Indian affairs department:

(a) seventy-five thousand dollars ($75,000) to plan, design and construct a skateboard and recreational park, including purchase and installation of furnishings and equipment, in the To'hajiilee chapter of the Navajo Nation in Bernalillo county, as identified in Subsection 2 of Section 20 of that chapter;

(b) eighty-five thousand dollars ($85,000) to construct and renovate the rehabilitation center in the Coyote Canyon chapter of the Navajo Nation in McKinley county, as identified in Subsection 9 of Section 20 of that chapter;

(c) two hundred thousand dollars ($200,000) to plan, design and construct a water well and system improvements to Red Willow farm in the Tohatchi chapter of the Navajo Nation in McKinley county, as identified in Subsection 17 of Section 20 of that chapter; and

(d) ninety thousand dollars ($90,000) to plan, design and construct a dam on the San Francisco arroyo in the Pueblo of San Felipe in Sandoval county, as identified in Subsection 43 of Section 20 of that chapter;

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

(a) thirty thousand dollars ($30,000) to plan, design and construct a low-income community health facility in Albuquerque in Bernalillo county, as identified in Subsection 29 of Section 22 of that chapter;

(b) one hundred thousand dollars ($100,000) to plan, design, construct, renovate and equip family services facilities, including the purchase and installation of sensory integration habitat and information technology and related equipment, furniture and infrastructure, in Bernalillo county, as identified in Subsection 48 of Section 22 of that chapter;

(c) seventy-five thousand dollars ($75,000) to plan, design and construct building improvements to the Wheels museum in Albuquerque in Bernalillo county, as identified in Subsection 56 of Section 22 of that chapter;

(d) one hundred twenty thousand dollars ($120,000) to plan, design, construct, furnish and equip a building for the fire department for the Chilili land grant in Bernalillo county, as identified in Subsection 58 of Section 22 of that chapter;

(e) four hundred eighty-eight thousand eight hundred twenty-two dollars ($488,822) to plan, design and construct roof and structural repairs to buildings at the Roswell international air center in Roswell in Chaves county, as identified in Subsection 64 of Section 22 of that chapter;

(f) seventy thousand dollars ($70,000) to repair the foundation of the walk-in freezer and cooler at a regional food bank in Clovis in Curry county, as identified in Subsection 75 of Section 22 of that chapter;

(g) two hundred eighty thousand seven hundred thirty-five dollars ($280,735) to purchase and install electronic records information technology, including related furniture, equipment and infrastructure, for a behavioral health services program in Las Cruces in Dona Ana county, as identified in Subsection 92 of Section 22 of that chapter;

(h) seventy-five thousand dollars ($75,000) to purchase and equip a dump truck for the Carlsbad irrigation district in Carlsbad in Eddy county, as identified in Subsection 103 of Section 22 of that chapter;

(i) twenty-five thousand dollars ($25,000) to plan, design, construct, purchase and install improvements to the Capitan depot museum, including the perimeter and entry, in Capitan in Lincoln county, as identified in Subsection 123 of Section 22 of that chapter;

(j) fifty thousand dollars ($50,000) to purchase and equip an ambulance in Mora county, as identified in Subsection 141 of Section 22 of that chapter;

(k) twenty-five thousand six hundred dollars ($25,600) to plan, design and construct a fence, including gates, around the Sacramento Mountains museum in Cloudcroft in Otero county, as identified in Subsection 149 of Section 22 of that chapter;

(l) thirty-five thousand dollars ($35,000) to plan, design and construct an addition to the tack barn at the Sacramento Mountains museum in Cloudcroft in Otero county, as identified in Subsection 150 of Section 22 of that chapter;

(m) sixteen thousand dollars ($16,000) to purchase and equip a vehicle for the disabled American veterans chapter 22 in Espanola in Rio Arriba county, as identified in Subsection 159 of Section 22 of that chapter;

(n) one hundred fourteen thousand seven hundred fifty-nine dollars ($114,759) to purchase and equip a dump truck and trailer for the San Juan river Dineh water users on the Navajo Nation in Shiprock in San Juan county, as identified in Subsection 166 of Section 22 of that chapter;

(o) fifteen thousand dollars ($15,000) to plan, design, construct and renovate the exhibit hall roof and insulation, including the purchase and installation of related equipment, at the San Miguel county fairgrounds in San Miguel county, as identified in Subsection 167 of Section 22 of that chapter;

(p) eighty-four thousand dollars ($84,000) to plan, design and construct a retaining wall at La Comunidad de los Ninos head start center in Santa Fe in Santa Fe county, as identified in Subsection 197 of Section 22 of that chapter;

(q) seventy-eight thousand dollars ($78,000) to purchase and install equipment for the dance barns facility in Santa Fe in Santa Fe county, as identified in Subsection 198 of Section 22 of that chapter; and

(r) two hundred thirty thousand dollars ($230,000) to plan, design, renovate, construct, improve and equip a facility for a meals program serving homebound and special needs individuals in Santa Fe in Santa Fe county, as identified in Subsection 199 of Section 22 of that chapter; and

(5) to the department of transportation, three hundred thousand dollars ($300,000) to plan, design and construct improvements to the roads and sidewalks in Roswell in Chaves county, as identified in Subsection 16 of Section 24 of that chapter.

SECTION 3. REVERSION OF BALANCES TO STATE FUNDS.--Notwithstanding the requirements for reversion in Laws 2015 (1st S.S.), Chapter 3, the total unexpended and unencumbered balances of appropriations made in Laws 2015 (1st S.S.), Chapter 3, Sections 59 and 60 shall not be expended for those appropriations' original purposes but shall revert on the effective date of this act to the originating funds.

SECTION 4. 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. For each year except 2017, the division shall allocate nine percent of the estimated bonding capacity [each] for that 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. 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] percentage of the estimated bonding capacity for tribal infrastructure projects:

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

(2) in [2017] 2018 and each subsequent year, 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] provided for in 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] section. 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] after 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. 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 5. 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] board of finance division of the department of finance and administration estimates the amount of severance tax bonding capacity [pursuant to] in accordance with 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] percentage of the estimated bonding capacity for colonias infrastructure projects:

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

(2) in [2017] 2018 and each subsequent year, 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] provided for in this section for use by the colonias infrastructure board to fund [the] colonias infrastructure 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] after 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 6. SEVERANCE TAX BOND PROCEEDS--2017 ALLOCATION FOR WATER RIGHTS ADJUDICATION--APPROPRIATION.--

A. The board of finance division of the department of finance and administration shall, for 2017, allocate that percentage of estimated severance tax bonding capacity for 2017 equal to the amount defined in Subsection B of this section to the agencies and for the purposes listed in Subsection C of this section. The state board of finance shall issue and sell severance tax bonds in that amount as expeditiously and economically as possible and take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended.

B. The percentage of estimated bonding capacity for 2017 allocated and the amount of severance tax bonds issued in accordance with Subsection A of this section is equal to the difference between:

(1) the amount the state engineer and the administrative office of the courts would receive in fiscal year 2018 in accordance with Section 72-4A-9 NMSA 1978 if nine percent of severance tax bonding capacity were allocated for water projects in 2017; and

(2) the amount dedicated in fiscal year 2018 in accordance with Section 72-4A-9 NMSA 1978 to the state engineer and to the administrative office of the courts.

C. Proceeds from the sale of the bonds issued in accordance with Subsection A of this section are appropriated for expenditure in fiscal year 2018 and subsequent fiscal years as follows:

(1) eighty percent to the state engineer for water rights adjudications; and

(2) twenty percent to the administrative office of the courts for the courts' costs associated with those adjudications.

SECTION 7. ISSUANCE OF SEVERANCE TAX BONDS--APPROPRIATION TO THE GENERAL FUND.--

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 shall, in accordance with the Severance Tax Bonding Act, issue and sell severance tax bonds when the secretary of finance and administration certifies the need for and the amount of the bonds. The secretary shall certify the need for those bonds in an amount equal to the amount that would be issued if the suspensions effected by Sections 4 and 5 of this 2017 act were not in effect, minus the amount of severance tax bonds issued in accordance with Section 6 of this 2017 act.

B. The state board of finance shall issue and sell bonds as required by Subsection A of this section as expeditiously and economically as possible and take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended.

C. Proceeds from the sale of bonds issued in accordance with Subsection A of this section are appropriated to the general fund. The board of finance division of the department of finance and administration shall transfer the proceeds from that sale 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 end on or before June 30, 2016.

SECTION 8. Section 15-3B-17 NMSA 1978 (being Laws 1972, Chapter 74, Section 4, as amended) is amended to read:

"15-3B-17. CAPITOL BUILDINGS REPAIR FUND--CREATION--

EXPENDITURES.--

A. The "capitol buildings repair fund" is created in the state treasury. To this fund shall be transferred, after payments required by Laws 1997, Chapter 178, Section 1 to the New Mexico finance authority, all income, including distributions from the land grant permanent fund derived from lands granted to the state by the United States congress for legislative, executive and judicial public buildings. Two percent of this fund shall be transferred annually to a "state capitol maintenance fund", hereby created, as a special perpetual fund for the upkeep and maintenance of the capitol renovation and capitol grounds.

B. The capitol buildings repair fund may be used to repair, remodel and equip capitol buildings and adjacent lands, to repair or replace building machinery and building equipment located in capitol buildings and to contract for options, no one of which costs more than ten thousand dollars ($10,000), to purchase real estate [such real estate, if purchased] to be put to state use [provided that no more than ten thousand dollars ($10,000) shall be expended for any single option]. Any money used for consideration in acquiring an option to purchase real estate shall be applied against the purchase price of the real estate if the option is exercised. Except as provided in Section 9 of this 2017 act, no money shall be expended from the capitol buildings repair fund without authorization of the state board of finance.

C. In the event a capital outlay project exceeds authorized project cost by five percent or less, the state board of finance may authorize the division to supplement the authorized cost by an allocation not to exceed five percent of the authorized cost from the capitol buildings repair fund to the extent of the unencumbered and unexpended balance of the fund."

SECTION 9. TRANSFER TO THE GENERAL FUND--FISCAL YEAR 2017.--Notwithstanding the prerequisite for authorization by the state board of finance set forth in Subsection B of Section 15-3B-17 NMSA 1978, six million dollars ($6,000,000) is transferred from the capitol buildings repair fund to the general fund for use by the department of finance and administration in fiscal year 2017 to restore the allotments from the general fund for appropriations whose expenditure periods end on or before June 30, 2016 and whose purposes the law allows for use of money in the capitol buildings repair fund.

SECTION 10. TEMPORARY PROVISION.--Promptly after the effective date of this act, the board of finance division of the department of finance and administration shall revise its 2017 estimate of the amount of bonding capacity available for severance tax bonds authorized by the legislature.

SECTION 11. SEVERABILITY.--If, in this 2017 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 12. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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