SB0462FCS

SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 462

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

AN ACT

RELATING TO PUBLIC FINANCE; AUTHORIZING AND REQUIRING THE ISSUANCE OF SEVERANCE TAX BONDS; RESTORING FUNDING TO PUBLIC SCHOOLS BY REPEALING LAWS 2017, CHAPTER 3, SECTION 2 PERTAINING TO THE REDUCTION OF SCHOOLS' CASH BALANCES AND REPLACING THAT SOLVENCY MEASURE WITH ONE THAT CHANGES PURPOSES AND AUTHORIZATIONS FOR THE EXPENDITURE OF SUPPLEMENTAL SEVERANCE TAX BOND PROCEEDS AND THAT AUTHORIZES THE ISSUANCE OF SEVERANCE TAX BONDS AND SUPPLEMENTAL SEVERANCE TAX BONDS; SUSPENDING A PORTION OF THE SEVERANCE TAX BONDING CAPACITY ALLOCATION FOR WATER INFRASTRUCTURE PROJECTS; PROVIDING FOR TRANSFERS TO THE GENERAL FUND FROM OTHER FUNDS AND ACCOUNTS; MAKING APPROPRIATIONS.

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

SECTION 1. SHORT-TERM SUPPLEMENTAL SEVERANCE TAX BONDS--APPROPRIATION OF PROCEEDS.--To compensate for the general fund revenue loss effected by Sections 8 and 35 of this act, in fiscal year 2017, the state board of finance shall, in compliance with the Severance Tax Bonding Act, issue and sell supplemental severance tax bonds whose terms end on or before the end of the fiscal year in an aggregate amount not to exceed forty-six million one hundred thousand dollars ($46,100,000) when the secretary of finance and administration certifies the need for the bonds. The state board of finance shall issue and sell the bonds as expeditiously and economically as possible and take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated 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 end on or before June 30, 2016.

SECTION 2. SEVERANCE TAX BONDS--APPROPRIATION OF PROCEEDS.--To compensate for the general fund revenue loss effected by Sections 8 and 35 of this act, in fiscal year 2017, the state board of finance shall, in compliance with the Severance Tax Bonding Act, issue and sell severance tax bonds in the amount of forty-six million one hundred thousand dollars ($46,100,000). Upon certification by the public school capital outlay council that the need exists for the issuance of the bonds, the state board of finance shall issue and sell the bonds as expeditiously and economically as possible and take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated to the public school capital outlay fund for use by the public school capital outlay council to implement the Public School Capital Outlay Act and are appropriated for expenditure in fiscal years 2018 through 2022. Notwithstanding the provisions of Subsection A of Section 22-24-4 NMSA 1978 to the contrary, the unexpended or unencumbered balance remaining at the end of fiscal year 2022 shall revert to the severance tax bonding fund.

SECTION 3. 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 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 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 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 4. 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 5. TRANSFERS TO GENERAL FUND--FISCAL YEAR 2017.--

A. 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.

B. Notwithstanding any restriction on the use of money from the source, the following amounts are appropriated from the following funds or accounts and are transferred to the fiscal year 2017 appropriation account of the general fund:

(1) sixteen thousand eight hundred eighty-eight dollars ($16,888) from the discount prescription drug program fund;

(2) eight hundred eight thousand dollars ($808,000) from the property control reserve fund;

(3) ninety-one thousand seven hundred forty-five dollars ($91,745) from the pharmacy fund;

(4) fifty thousand dollars ($50,000) from the board of dental health care fund;

(5) forty-three thousand two hundred dollars ($43,200) from the construction industries publications fund;

(6) seventeen thousand five hundred dollars ($17,500) from the interior design board fund;

(7) one thousand three hundred eighty-seven dollars ($1,387) from the insurance examination fund;

(8) eight thousand dollars ($8,000) from the board of nursing fund;

(9) one hundred forty thousand two hundred dollars ($140,200) from the radiologic technology fund;

(10) eighty-five thousand dollars ($85,000) from the solid waste facility grant fund;

(11) thirty thousand dollars ($30,000) from the voluntary remediation fund;

(12) seventy-eight thousand nine hundred dollars ($78,900) from the teacher professional development fund;

(13) forty-six thousand three hundred dollars ($46,300) from the incentives for school improvement fund;

(14) fourteen thousand two hundred dollars ($14,200) from the charter schools stimulus fund;

(15) fourteen thousand two hundred dollars ($14,200) from the educational technology fund;

(16) one thousand one hundred dollars ($1,100) from the family and youth resource fund; and

(17) one hundred thirty-nine thousand nine hundred dollars ($139,900) from the higher education program development enhancement fund.

SECTION 6. Section 7-27-12 NMSA 1978 (being Laws 1961, Chapter 5, Section 10, as amended by Laws 2001, Chapter 37, Section 1 and by Laws 2001, Chapter 338, Section 1) is amended to read:

"7-27-12. WHEN SEVERANCE TAX BONDS TO BE ISSUED.--

A. The state board of finance shall issue and sell all severance tax bonds when authorized to do so by any law that sets out the amount of the issue and the recipient of the money.

B. The state board of finance shall also issue and sell severance tax bonds authorized by Sections 72-14-36 through 72-14-42 NMSA 1978, and such authority as has been given to the interstate stream commission to issue and sell such bonds is transferred to the state board of finance. The state board of finance shall issue and sell all severance tax bonds only when so instructed by resolution of the governing body or by written direction from an authorized officer of the recipient of the bond money.

C. Except as provided in Subsection D of this section, proceeds from supplemental severance tax bonds shall be used only for public school capital outlay projects pursuant to the Public School Capital Outlay Act or the Public School Capital Improvements Act.

D. Proceeds from supplemental severance tax bonds issued pursuant to Paragraph (2) of Subsection A of Section 19 of Chapter 6 of Laws 1999 (1st S.S.) and Section 1 of this 2017 act shall be used for the purposes specified in [that paragraph] those provisions.

E. Except as provided in Subsection F of this section, the state board of finance shall issue and sell all supplemental severance tax bonds when so instructed by resolution of the public school capital outlay council pursuant to Section 7-27-12.2 NMSA 1978.

F. The state board of finance shall issue and sell the supplemental severance tax bonds authorized by:

(1) Paragraph (2) of Subsection A of Section 19 of Chapter 6 of Laws 1999 (1st S.S.) when so instructed by resolution of the [commission on] higher education department; and

(2) Section 1 of this 2017 act upon certification by the secretary of finance and administration of the need to use proceeds from those bonds as outlined in that section."

SECTION 7. 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 Subsection A of Section 5 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 8. Section 22-8-41 NMSA 1978 (being Laws 1967, Chapter 16, Section 99, as amended by Laws 2017, Chapter 3, Section 1) is amended to read:

"22-8-41. RESTRICTION ON OPERATIONAL FUNDS--EMERGENCY ACCOUNTS--CASH BALANCES.--

A. A school district shall not expend money from its operational fund for the acquisition of a building site or for the construction of a new structure, unless the school district has bonded itself to practical capacity or the secretary determines and certifies to the legislative finance committee that the expending of money from the operational fund for this purpose is necessary for an adequate public educational program and will not unduly hamper the school district's current operations.

B. A school district or charter school may budget out of cash balances carried forward from the previous fiscal year an amount not to exceed five percent of its proposed operational fund expenditures for the ensuing fiscal year as an emergency account. Money in the emergency account shall be used only for unforeseen expenditures incurred after the annual budget was approved and shall not be expended without the prior written approval of the secretary.

C. In addition to the emergency account, school districts or charter schools may also budget operational fund cash balances carried forward from the previous fiscal year for operational expenditures, exclusive of salaries and payroll, upon specific prior approval of the secretary. The secretary shall notify the legislative finance committee in writing of the secretary's approval of such proposed expenditures.

[D. Notwithstanding any provision of this section to the contrary, the secretary shall reduce school districts' and charter schools' fiscal year 2017 state equalization guarantee distributions as credit for excess fiscal year 2016 operational fund cash balances in accordance with Section 2 of this 2017 act, and a school district or charter school whose distribution is accordingly reduced shall apply in the amount of that credit its audited fiscal year 2016 operational fund cash balance toward the school district's or charter school's fiscal year 2017 operations.]"

SECTION 9. 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 Sections 11 through 27 of this act. The state board of finance shall schedule the issuance and sale of the bonds as expeditiously and economically as possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated for the purposes specified in Sections 11 through 27 of this act.

B. The agencies named in Sections 11 through 27 of this act shall certify to the state board of finance when the money from the proceeds of the severance tax bonds appropriated in this section is needed for the purposes specified in the applicable section of Sections 11 through 27 of this act. If an agency has not certified the need for severance tax bond proceeds for a particular project by the end of fiscal year 2019, the authorization for that project is void.

C. Before an agency may certify for the need of severance tax bond proceeds, the project must be developed sufficiently so that the agency reasonably expects to:

(1) incur within six months after the applicable bond proceeds are available for the project a substantial binding obligation to a third party to expend at least five percent of the bond proceeds for the project; and

(2) spend at least eighty-five percent of the bond proceeds within three years after the applicable bond proceeds are available for the project.

D. Except as otherwise specifically provided by law:

(1) the unexpended balance from the proceeds of severance tax bonds appropriated in Sections 11 through 27 of this act for a project shall revert to the severance tax bonding fund no later than the following dates:

(a) for a project for which severance tax bond proceeds were appropriated to match federal grants, six months after completion of the project;

(b) for a project for which severance tax bond proceeds were appropriated to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the severance tax bond proceeds were made available for the purchase; and

(c) for any other project for which severance tax bonds were appropriated, within six months of completion of the project, but no later than the end of fiscal year 2021; and

(2) all remaining balances from the proceeds of severance tax bonds appropriated for a project in Sections 11 through 27 of this act shall revert to the severance tax bonding fund three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

E. Except for appropriations to the capital program fund, money from severance tax bond proceeds provided pursuant to Sections 11 through 27 of this act shall not be used to pay indirect project costs.

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

G. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.

SECTION 10. FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--

A. For the purposes of Sections 28 through 32 of this act, except as otherwise specifically provided by law:

(1) the unexpended balance of an appropriation made from a fund shall revert no later than the following dates:

(a) for a project for which an appropriation was made to match federal grants, six months after completion of the project;

(b) for a project for which an appropriation was made to purchase vehicles, including emergency vehicles and other vehicles that require special equipment; heavy equipment; books; educational technology; or other equipment or furniture that is not related to a more inclusive construction or renovation project, at the end of the fiscal year two years following the fiscal year in which the appropriation was made for the purchase; and

(c) for any other project for which an appropriation was made, within six months of completion of the project, but no later than the end of fiscal year 2021; and

(2) all remaining balances from an appropriation made for a project shall revert three months after the latest reversion date specified for that type of project in Paragraph (1) of this subsection.

B. Except for appropriations to the capital program fund, money from appropriations made shall not be used to pay indirect project costs.

C. Except as provided in Subsection D of this section, the balance of an appropriation made from other state funds shall revert in the time frame set forth in Subsection A of this section to the originating fund.

D. The balance of an appropriation made to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert in the time frame set forth in Subsection A of this section to the tribal infrastructure project fund.

E. 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 11. ADMINISTRATIVE OFFICE OF THE COURTS PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the administrative office of the courts that the need exists for the issuance of the bonds, one million three hundred thousand dollars ($1,300,000) is appropriated to the administrative office of the courts to purchase and install security equipment and a high density filing system and for related infrastructure improvements at magistrate courts and judicial district courts statewide.

SECTION 12. AGING AND LONG-TERM SERVICES DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the aging and long-term services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the aging and long-term services department for the following purposes:

1. twenty thousand seventy-five dollars ($20,075) for improvements to the facility to address code compliance issues at the Paradise Hills senior center in Albuquerque in Bernalillo county;

2. twenty-six thousand five hundred dollars ($26,500) for improvements to the facility to address code compliance issues at the Glenwood senior center in Glenwood in Catron county;

3. thirty-one thousand dollars ($31,000) for improvements to the facility to address code compliance issues at the Quemado senior center in Quemado in Catron county;

4. fifty-seven thousand six hundred eighteen dollars ($57,618) for improvements to the facility to address code compliance issues at the Anthony community center in Anthony in Dona Ana county;

5. eighty-seven thousand five hundred eighty-two dollars ($87,582) for improvements to the facility to address code compliance issues at the Betty McKnight multipurpose center in Chaparral in Dona Ana county;

6. seven thousand five hundred dollars ($7,500) for improvements to the facility to address code compliance issues at the Puerto de Luna senior center in Santa Rosa in Guadalupe county;

7. fifteen thousand dollars ($15,000) for improvements to the facility to address code compliance issues at the Ena Mitchell senior center in Lordsburg in Hidalgo county;

8. one hundred forty-one thousand six hundred ninety-six dollars ($141,696) for improvements to the facility to address code compliance issues at the Ruidoso community center in Ruidoso in Lincoln county;

9. eighty-eight thousand dollars ($88,000) to plan, design and construct a parking lot at the Baca senior center in the Baca chapter of the Navajo Nation in McKinley county;

10. forty thousand five hundred thirty-six dollars ($40,536) to purchase and equip vehicles for the Chichiltah senior center in the Chichiltah chapter of the Navajo Nation in McKinley county;

11. one hundred eighty-eight thousand nine hundred ninety-six dollars ($188,996) to plan, design and construct improvements to the facility to address code compliance issues at the Twin Lakes senior center in the Twin Lakes chapter of the Navajo Nation in McKinley county;

12. seven thousand dollars ($7,000) for improvements to the facility to address code compliance issues at the Beatrice Martinez senior center in Espanola in Rio Arriba county;

13. five thousand two hundred dollars ($5,200) for improvements to the facility to address code compliance issues at the Bloomfield senior center in Bloomfield in San Juan county;

14. five thousand twenty-four dollars ($5,024) to purchase and install meals equipment at the Bloomfield senior center in Bloomfield in San Juan county;

15. ten thousand five hundred dollars ($10,500) for improvements to the facility to address code compliance issues at the Corrales senior center in Corrales in Sandoval county;

16. seventy-six thousand six hundred sixty-one dollars ($76,661) to purchase and equip vehicles for the Corrales senior center in Corrales in Sandoval county;

17. two hundred six thousand four hundred ninety-six dollars ($206,496) for improvements to the facility to address code compliance issues at the Ken James senior center in Truth or Consequences in Sierra county;

18. thirteen thousand eight hundred dollars ($13,800) for improvements to the facility to address code compliance issues at the Magdalena senior center in Magdalena in Socorro county;

19. eighty-four thousand five hundred twenty-four dollars ($84,524) for improvements to the facility to address code compliance issues at the Socorro senior center in Socorro in Socorro county;

20. sixteen thousand two hundred twenty-five dollars ($16,225) for improvements to the facility to address code compliance issues at the Veguita senior center in Veguita in Socorro county; and

21. one hundred ninety-five thousand dollars ($195,000) for improvements to the facility to address code compliance issues at the Amalia senior center in Amalia in Taos county.

SECTION 13. BERNALILLO COUNTY METROPOLITAN COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the Bernalillo county metropolitan court that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the Bernalillo county metropolitan court to plan, design, construct, furnish and equip courtrooms, judges' chambers, jury rooms and public and restricted access areas on the fourth floor of the Bernalillo county metropolitan court courthouse in Albuquerque in Bernalillo county.

SECTION 14. CAPITAL PROGRAM FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the facilities management division of the general services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the capital program fund for the following purposes:

1. one million dollars ($1,000,000) to plan, design, construct, renovate, furnish, purchase and install equipment and for infrastructure improvements, including roofs, heating, ventilation and air conditioning systems and interior service windows, at the Albert Amador building in Espanola in Rio Arriba county, the Harriet Sammons building in Farmington in San Juan county and the James Murray building in Hobbs in Lea county;

2. seven hundred thousand dollars ($700,000) to plan, design, construct, renovate, furnish and equip commission for the blind facilities in Bernalillo and Otero counties to comply with the federal Americans with Disabilities Act of 1990;

3. two hundred forty-five thousand dollars ($245,000) to plan, design, construct, equip, renovate, upgrade and furnish a facility or to expand an existing state-owned site to house the department of health vital records and health statistics bureau in Santa Fe in Santa Fe county;

4. four million dollars ($4,000,000) to plan, design, construct, renovate, furnish, equip, repair, purchase and install equipment and improve infrastructure, including roofs, security upgrades and replacement of heating, ventilation and air conditioning systems, at correctional facilities statewide;

5. nine hundred thousand dollars ($900,000) to plan, design, construct, renovate, equip, furnish, purchase and install infrastructure improvements and equipment, including security system upgrades and servers, security reception stations, lighting, kitchen upgrades and heating, ventilation and air conditioning systems, at children, youth and families department juvenile facilities statewide;

6. two million five hundred thousand dollars ($2,500,000) to plan, design, construct, furnish, equip, purchase and install equipment and for facility upgrades, including fire alarm and security surveillance systems, at department of health facilities statewide, including the Fort Bayard medical center in Grant county;

7. three hundred thousand dollars ($300,000) to plan, design, renovate, furnish and purchase and install equipment, including heavy equipment, and for demolition and debris removal and to replace and upgrade mechanical, electrical and other infrastructure systems campus-wide for the department of health at the old Fort Bayard property in Grant county;

8. one million two hundred thousand dollars ($1,200,000) to plan, design, construct, improve, renovate, remediate, furnish and equip facilities, including infrastructure upgrades, at state-owned facilities statewide; and

9. five hundred thousand dollars ($500,000) to plan, design, construct, renovate, furnish, purchase and install equipment at offices of the workforce solutions department statewide, including making other improvements to address building code compliance.

SECTION 15. CULTURAL AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the cultural affairs department that the need exists for the issuance of the bonds, one million three hundred thousand dollars ($1,300,000) is appropriated to the cultural affairs department to plan, design, construct, renovate, furnish, equip and make other improvements to sites, facilities and exhibits at museums, monuments, historic sites and cultural facilities statewide.

SECTION 16. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECTS--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the Cumbres and Toltec scenic railroad commission that the need exists for the issuance of the bonds, the following amounts are appropriated to the Cumbres and Toltec scenic railroad commission for the following purposes:

1. two hundred thousand dollars ($200,000) for track rehabilitation and related infrastructure improvements, including locomotive and boiler upgrades to comply with federal railroad administration standards, for the Cumbres and Toltec scenic railroad operating between New Mexico and Colorado; and 2. one hundred thousand dollars ($100,000) for improvements to passenger cars for the Cumbres and Toltec scenic railroad operating between New Mexico and Colorado.

SECTION 17. SECOND JUDICIAL DISTRICT ATTORNEY PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the second judicial district attorney that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the second judicial district attorney to purchase and install communications, scientific and analytical equipment and information technology, including related equipment, furniture and infrastructure, in the office of the second judicial district attorney in Albuquerque in Bernalillo county.

SECTION 18. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the energy, minerals and natural resources department that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the energy, minerals and natural resources department to plan, design and construct watershed restoration and community wildfire protection improvements, including forest thinning, statewide.

SECTION 19. OFFICE OF THE STATE ENGINEER PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the office of the state engineer to plan, design, construct, rehabilitate and make improvements to phase 2 at Morphy lake dam in Mora county. SECTION 20. STATE FAIR COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the state fair commission that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the state fair commission for infrastructure improvements and to plan, design, construct and upgrade electrical systems at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

SECTION 21. INDIAN AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the Indian affairs department that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the Indian affairs department to plan, design and construct an access lane and other road improvements, including ingress and egress, curbs and gutters and storm drainage, at the Santa Fe Indian school in Santa Fe in Santa Fe county.

SECTION 22. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the department of information technology that the need exists for the issuance of the bonds, seven hundred seven thousand dollars ($707,000) is appropriated to the department of information technology to plan, design, purchase, install and implement infrastructure to stabilize and modernize public safety radio communications statewide.

SECTION 23. LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the local government division of the department of finance and administration that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the local government division of the department of finance and administration to match city funding for the purchase of sexual assault evidence kits for the crime laboratory in Albuquerque in Bernalillo county.

SECTION 24. PUBLIC REGULATION COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the public regulation commission that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the public regulation commission to plan, design and construct a firefighter training burn building at the firefighter training academy in Socorro in Socorro county.

SECTION 25. OFFICE OF THE SECRETARY OF STATE PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the office of the secretary of state that the need exists for the issuance of the bonds, nine hundred fifty thousand dollars ($950,000) is appropriated to the office of the secretary of state to plan, design and implement a modernized campaign finance disclosure and tracking system statewide.

SECTION 26. SUPREME COURT BUILDING COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the supreme court building commission that the need exists for the issuance of the bonds, one hundred twenty-three thousand dollars ($123,000) is appropriated to the supreme court building commission to plan, design, construct and renovate facilities, including abatement and remediation of the exterior courtyard stucco, at the supreme court building in Santa Fe in Santa Fe county.

SECTION 27. DEPARTMENT OF TRANSPORTATION PROJECTS--SEVERANCE TAX BONDS.--Pursuant to Section 9 of this act, upon certification by the department of transportation that the need exists for the issuance of the bonds, the following amounts are appropriated to the department of transportation for the following purposes:

1. two million dollars ($2,000,000) to the state road fund to plan, design, construct and make safety improvements to roads statewide;

2. six hundred thousand dollars ($600,000) to acquire rights of way and to plan, design, construct and make improvements for runways at the Dona Ana county international jetport at Santa Teresa in Dona Ana county; and

3. seven hundred fifty thousand dollars ($750,000) to plan, design, construct, renovate and expand the Santa Fe airport terminal and facilities, including runways, taxiways, roads, parking lots and aircraft parking ramps, in Santa Fe county.

SECTION 28. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE BIG GAME ENHANCEMENT ACCOUNT OF THE GAME PROTECTION FUND.--One million dollars ($1,000,000) is appropriated from the big game enhancement account of the game protection fund to the department of game and fish for expenditure in fiscal years 2017 through 2021, unless otherwise provided in Section 10 of this act, to improve, restore and develop state-owned wildlife and waterfowl management areas to prevent catastrophic wildfires and to improve watershed health statewide.

SECTION 29. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH BOND RETIREMENT FUND.--Six hundred thousand dollars ($600,000) is appropriated from the game and fish bond retirement fund to the department of game and fish for expenditure in fiscal years 2017 through 2021, unless otherwise provided in Section 10 of this act, to renovate and make improvements, including the replacement of water lines, at the Glenwood and Red River hatcheries in Grant and Taos counties.

SECTION 30. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATIONS FROM THE GAME PROTECTION FUND.--The following amounts are appropriated from the game protection fund to the department of game and fish for expenditure in fiscal years 2017 through 2021, unless otherwise provided in Section 10 of this act, for the following purposes:

1. three million dollars ($3,000,000) to renovate and make improvements, including the replacement of water lines, at the Glenwood and Red River hatcheries in Grant and Taos counties; and

2. five hundred thousand dollars ($500,000) for wildlife and riparian habitat restoration on the San Juan river quality waters in San Juan county.

SECTION 31. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE HABITAT MANAGEMENT FUND.-- Notwithstanding the provisions of Section 17-4-34 NMSA 1978 to the contrary, one million dollars ($1,000,000) is appropriated from the habitat management fund to the department of game and fish for expenditure in fiscal years 2017 through 2021, unless otherwise provided in Section 10 of this act, to improve, restore and maintain state-owned wildlife and waterfowl management areas to prevent catastrophic wildfires and to improve watershed health statewide.

SECTION 32. PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL PROJECT--APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--Four million dollars ($4,000,000) is appropriated from the public school capital outlay fund to the public school capital outlay council for expenditure in fiscal years 2017 through 2021, unless otherwise provided in Section 10 of this 3act, for capital asset deficiencies and infrastructure improvements for the Zuni public school district in McKinley county, the Gallup-McKinley county school district in McKinley county and the Grants-Cibola county school district in Cibola county contingent upon the approval of the public school capital outlay council.

SECTION 33. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in Sections 11 through 32 of this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.

SECTION 34. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations made in Sections 11 through 32 of this act include one percent for the art in public places fund.

SECTION 35. REPEAL.--Laws 2017, Chapter 3, Section 2 is repealed.

SECTION 36. CONTINGENCY.--The enactment of Sections 1 through 4 and 6 of this act is contingent on the enactment of Sections 8 and 35 of this act.

SECTION 37. EFFECTIVE DATE.--The effective date of Sections 1 through 4 and 6 of this act is seven days after Sections 8 and 35 of this act take effect.