HOUSE BILL 306

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Carl Trujillo

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; REAPPROPRIATING BALANCES; CLARIFYING CONDITIONS FOR THE ISSUANCE OF BONDS; ESTABLISHING CONDITIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; ESTABLISHING CONDITIONS FOR THE REVERSION OF UNEXPENDED BALANCES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

 

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

     SECTION 1. SEVERANCE TAX BONDS--AUTHORIZATIONS-- APPROPRIATION OF PROCEEDS.--

          A. The state board of finance may issue and sell severance tax bonds in compliance with the Severance Tax Bonding Act in an amount not to exceed the total of the amounts authorized for purposes specified in this act. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the federal Internal Revenue Code of 1986, as amended. Proceeds from the sale of the bonds are appropriated for the purposes specified in this act.

          B. The agencies named in this act shall certify to the state board of finance when the money from the proceeds of the severance tax bonds appropriated in this section is needed for the purposes specified in the applicable section of this act. If an agency has not certified the need for severance tax bond proceeds for a particular project by the end of fiscal year 2020, the authorization for that project is void.

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

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

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

          D. Except as otherwise specifically provided by law:

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

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

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

                     (c) for any other project for which severance tax bonds were appropriated, within six months of completion of the project, but no later than the end of fiscal year 2022; and

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

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

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

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

     SECTION 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS--LIMITATIONS--REVERSIONS.--

          A. Except as otherwise specifically provided by law:

                (1) the unexpended balance of an appropriation made in this act from the general fund or other state funds shall revert no later than the following dates:

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

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

                     (c) for any other project for which an appropriation was made, within six months of completion of the project, but no later than the end of fiscal year 2020; and

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

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

          C. Except as provided in Subsection E of this section, the balance of an appropriation made from the general fund shall revert in the time frame set forth in Subsection A of this section to the capital projects fund.

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

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

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

     SECTION 3. ADMINISTRATIVE OFFICE OF THE COURTS PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the administrative office of the courts that the need exists for the issuance of the bonds, one million four hundred thousand dollars ($1,400,000) is appropriated to the administrative office of the courts to purchase and install security equipment at magistrate courts and judicial district courts statewide.

     SECTION 4. BERNALILLO COUNTY METROPOLITAN COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Bernalillo county metropolitan court that the need exists for the issuance of the bonds, one million 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 5. BORDER AUTHORITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the border authority that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the border authority to plan, design and construct a flood control structure, including land acquisition and environmental assessments, at the Columbus port of entry in Columbus in Luna county.

     SECTION 6. CAPITAL PROGRAM FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the facilities management division of the general services department that the need exists for the issuance of the bonds, the following amounts are appropriated to the capital program fund for the following purposes:

          1. nine million dollars ($9,000,000) to purchase, plan, design, repair, replace, renovate, furnish and equip a building for a child wellness center for the children, youth and families department in Bernalillo county;

          2. one million dollars ($1,000,000) to plan, design, construct, furnish and equip renovations to the client cottages, including client hygiene areas and staff stations, at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          3. one million two hundred thousand dollars ($1,200,000) to plan, design, construct, furnish and equip a physical plant building and for renovations for a vocational education building at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          4. one hundred fifty thousand dollars ($150,000) to plan and design improvements to the Vietnam veterans memorial in Colfax county;

          5. six hundred sixty-seven thousand dollars ($667,000) to plan, design, construct, furnish and equip a water line and infrastructure improvements, including repairs and improvements to water tanks and infrastructure from spring boxes to water tanks, extending from the new Fort Bayard medical center to the old Fort Bayard facility in Grant county;           6. one million dollars ($1,000,000) to plan, design, decommission and demolish facilities, including hazardous materials abatement and related site improvements, at the Taylor hall book building in Albuquerque in Bernalillo county, the old oil conservation division building in Hobbs in Lea county and state-owned buildings on the Los Lunas campus in Los Lunas in Valencia county;

          7. two million dollars ($2,000,000) to purchase and install equipment and to plan, design, construct, renovate and furnish facilities and for infrastructure improvements, including roofs, heating, ventilation and air conditioning systems, lighting 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;

          8. four hundred thousand dollars ($400,000) 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;

          9. one million nine hundred thousand dollars ($1,900,000) to purchase and install equipment and infrastructure improvements, including security system upgrades and servers, and to plan, design, construct, renovate, furnish and equip facilities at the youth diagnostic and development center in Albuquerque in Bernalillo county, the Camino Nuevo youth center in Albuquerque in Bernalillo county and the John Paul Taylor center in Las Cruces in Dona Ana county;

          10. seven hundred thousand dollars ($700,000) to plan, design, construct, renovate, furnish and equip a state police district office in Santa Fe in Santa Fe county;

          11. three million six hundred thousand dollars ($3,600,000) to plan, design, construct, equip, renovate, upgrade and furnish an existing state-owned site to house the vital records and health statistics bureau of the department of health in Santa Fe in Santa Fe county;

          12. one million dollars ($1,000,000) to plan, design, repair and upgrade the heating, ventilation and air conditioning system and for site drainage improvements at the state records center and archives in Santa Fe in Santa Fe county;

          13. two hundred seventy thousand dollars ($270,000) to plan, design, construct, replace, purchase and install improvements, including exterior sliding doors and fencing, at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

          14. four hundred thousand dollars ($400,000) to plan, design, repair and upgrade the heating, ventilation and air conditioning system at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

          15. three million dollars ($3,000,000) to plan, design, replace, renovate, construct and equip fire suppression lines, hydrants, valves, cold water loops and sewer lines at correctional facilities statewide;

          16. eight million dollars ($8,000,000) to plan, design, construct, renovate, furnish, equip, repair, purchase and install equipment and improve infrastructure, including roofs and replacement of heating, ventilation and air conditioning systems, at correctional facilities statewide;

          17. two million dollars ($2,000,000) to plan, design, construct, renovate, equip, furnish, purchase and install equipment for security system upgrades at correctional facilities statewide;

          18. two million dollars ($2,000,000) to replace, repair, renovate, purchase and install emergency generators at correctional facilities statewide;

          19. five million eight hundred thirty-three thousand dollars ($5,833,000) to plan, design, construct, renovate, furnish, equip, purchase and install equipment and for facility upgrades at department of health facilities statewide;

          20. two million dollars ($2,000,000) to plan, design, construct, renovate, furnish and equip state police district offices, including roadway and parking lot improvements, erosion control and the repair or replacement of heating, ventilation and air conditioning systems and surveillance systems, at district offices statewide;

          21. two million dollars ($2,000,000) to plan, design, construct, improve, renovate, remediate, furnish and equip facilities, including infrastructure upgrades, at state-owned facilities statewide;

          22. four hundred thousand dollars ($400,000) to plan, design, construct, renovate and furnish and to purchase and install equipment, including making other improvements to address building code compliance issues, at offices of the workforce solutions department statewide; and

          23. six hundred thousand dollars ($600,000) to remove, repair and install ramps, parking lot and pathway improvements, including improvements to comply with the federal Americans with Disabilities Act of 1990, at offices of the workforce solutions department statewide.

     SECTION 7. CULTURAL AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the cultural affairs department that the need exists for the issuance of the bonds, five million dollars ($5,000,000) is appropriated to the cultural affairs department to plan, design, construct, renovate, furnish and equip infrastructure for sites, facilities and exhibits, including fire suppression, security systems, climate control and site preservation, at museums, monuments, historic sites and cultural facilities statewide.

     SECTION 8. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Cumbres and Toltec scenic railroad commission that the need exists for the issuance of the bonds, six hundred thousand dollars ($600,000) is appropriated to the Cumbres and Toltec scenic railroad commission for track rehabilitation and related infrastructure improvements, including locomotive and boiler upgrades to comply with federal railroad administration standards, and for improvements to passenger cars for the Cumbres and Toltec scenic railroad operating between New Mexico and Colorado. 

     SECTION 9. ECONOMIC DEVELOPMENT DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the economic development department that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) of the appropriation to the economic development department in Subsection D of Section 3 of Chapter 5 of Laws 2016 (2nd S.S.) for projects pursuant to the Local Economic Development Act shall not be expended for the original purpose but is changed to plan, design and construct infrastructure improvements in mainstreet districts statewide.

     SECTION 10. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the energy, minerals and natural resources department that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the energy, minerals and natural resources department to purchase and equip wildland fire engines and firefighting crew carriers statewide.

     SECTION 11. STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state parks division of the energy, minerals and natural resources department that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the state parks division of the energy, minerals and natural resources department to plan, design and construct upgrades and improvements to infrastructure, including water and wastewater systems, in state parks statewide.

     SECTION 12. INDIAN WATER RIGHTS SETTLEMENT FUND--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, four million dollars ($4,000,000) is appropriated to the Indian water rights settlement fund. Notwithstanding the requirement for a joint resolution of the legislature in Subsection A of Section 72-1-11 NMSA 1978, if a corresponding commitment has been made for the federal portion of the settlement in the Aamodt case, the money may be expended by the interstate stream commission in fiscal year 2019 and subsequent fiscal years to implement the state's portion of the settlement, and any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

     SECTION 13. STATE FAIR COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the state fair commission that the need exists for the issuance of the bonds, two million dollars ($2,000,000) is appropriated to the state fair commission to plan, design, construct, furnish and equip infrastructure and infrastructure improvements, including electrical and power upgrades, roofs, roads, pathways and parking lots, at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

     SECTION 14. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of information technology that the need exists for the issuance of the bonds, two million dollars ($2,000,000) 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 15. DEPARTMENT OF MILITARY AFFAIRS PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of military affairs that the need exists for the issuance of the bonds, one million five hundred thousand dollars ($1,500,000) is appropriated to the department of military affairs for improvements, repairs and demolition and to purchase and install systems to improve energy efficiency and for staging areas at department of military affairs facilities statewide.

     SECTION 16. DEPARTMENT OF PUBLIC SAFETY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of public safety that the need exists for the issuance of the bonds, ten million dollars ($10,000,000) is appropriated to the department of public safety to purchase and equip a search and rescue helicopter for New Mexico state police operations statewide.

     SECTION 17. OFFICE OF THE SECRETARY OF STATE PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the secretary of state that the need exists for the issuance of the bonds, eight hundred twenty-five thousand dollars ($825,000) is appropriated to the office of the secretary of state to purchase and install information technology, including servers and related infrastructure upgrades, for the office of the secretary of state in Santa Fe in Santa Fe county.

     SECTION 18. SPACEPORT AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the spaceport authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the spaceport authority for the following purposes:

          1. five hundred thousand dollars ($500,000) to plan, design, repair, construct, furnish and equip infrastructure upgrades, including electrical, fire suppression, water, sewer, security, mission control, heating, ventilation and air conditioning and building systems, at Spaceport America facilities in Sierra county; and

          2. three million dollars ($3,000,000) of the unexpended balance of the appropriation to the economic development department in Subsection D of Section 3 of Chapter 5 of Laws 2016 (2nd S.S.) for projects pursuant to the Local Economic Development Act shall not be expended for the original purpose but is appropriated to the spaceport authority to plan, design and construct a launch vehicle payload integration facility at Spaceport America in Sierra county.

     SECTION 19. CAPITAL PROGRAM FUND PROJECT--GENERAL FUND.-- Two hundred thousand dollars ($200,000) is appropriated from the general fund to the capital program fund for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, to develop a master plan for correctional facilities statewide.

     SECTION 20. DEPARTMENT OF HEALTH PROJECT--GENERAL FUND.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the department of health for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, to purchase and install scientific, analytical and medical equipment, including the recalibration of existing equipment, at department of health facilities statewide.

     SECTION 21. TAXATION AND REVENUE DEPARTMENT PROJECT--GENERAL FUND.--Three hundred seventy-two thousand dollars ($372,000) is appropriated from the general fund to the taxation and revenue department for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, to purchase, install and equip scanners and mail slicers, including servers, information technology and related equipment and infrastructure, for the revenue processing division in Santa Fe in Santa Fe county.

     SECTION 22. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--APPROPRIATION FROM THE WATER PROJECT FUND.--Notwithstanding the provisions of the Water Project Finance Act to the contrary, two million dollars ($2,000,000) is appropriated from the water project fund to the energy, minerals and natural resources department for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, to plan, design and construct watershed restoration and community wildfire protection improvements, including forest thinning, statewide.

     SECTION 23. INDIAN WATER RIGHTS SETTLEMENT FUND--APPROPRIATION FROM THE WATER PROJECT FUND.--Notwithstanding the provisions of the Water Project Finance Act to the contrary, two million dollars ($2,000,000) is appropriated from the water project fund to the Indian water rights settlement fund. Notwithstanding the requirement for a joint resolution of the legislature in Subsection A of Section 72-1-11 NMSA 1978, if a corresponding commitment has been made for the federal portion of the settlement in the Aamodt case, the money may be expended by the interstate stream commission in fiscal year 2019 and subsequent fiscal years to implement the state's portion of the settlement, and any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

     SECTION 24. OFFICE OF THE STATE ENGINEER PROJECTS--APPROPRIATIONS FROM THE WATER PROJECT FUND.--Notwithstanding the provisions of the Water Project Finance Act to the contrary, the following amounts are appropriated from the water project fund to the office of the state engineer for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, rehabilitate and make phase 2 improvements at Morphy lake dam in Mora county and for improvements to publicly owned dams statewide; and

          2. five hundred thousand dollars ($500,000) to purchase and install surface and ground water meters to assess water use, water supply and impairment and to ensure public welfare, conservation and water accountability statewide.

     SECTION 25. STATE LAND OFFICE PROJECTS--APPROPRIATIONS FROM THE STATE LANDS MAINTENANCE FUND.--The following amounts are appropriated from the state lands maintenance fund to the state land office for expenditure in fiscal years 2018

through 2022, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. one hundred eighty thousand dollars ($180,000) to plan, design, upgrade, repair and replace the heating, ventilation and air conditioning system at the state land office in Santa Fe in Santa Fe county; and

          2. forty thousand dollars ($40,000) to plan, design, upgrade, repair and replace the parking lot and sidewalks at the state land office in Santa Fe in Santa Fe county.

     SECTION 26. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE SIKES ACT ACCOUNT OF THE GAME PROTECTION FUND.--One million dollars ($1,000,000) is appropriated from the Sikes Act account of the game protection fund to the department of game and fish for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, for fisheries renovation and wildlife and riparian habitat restoration and for improvements at properties owned by the state game commission statewide.

     SECTION 27. DEPARTMENT OF TRANSPORTATION PROJECT--TRANSFER FROM THE PUBLIC PROJECT REVOLVING FUND TO THE LOCAL GOVERNMENTS ROAD FUND.--Ten million dollars ($10,000,000) is transferred from the New Mexico finance authority to the local governments road fund for expenditure in fiscal years 2019 through 2022, unless otherwise provided in Section 2 of this act, for local road projects statewide. Except as otherwise provided in the Tax Administration Act, the amount is from the authority's fiscal year 2018 portion of the governmental gross receipts tax distributed to the authority pursuant to Section 7-1-6.38 NMSA 1978 that is not otherwise pledged for payment of obligations of the authority.

     SECTION 28. DEPARTMENT OF GAME AND FISH PROJECTS--APPROPRIATIONS FROM THE HABITAT MANAGEMENT FUND.--The following

amounts are appropriated from the habitat management fund to the department of game and fish for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of

this act, for the following purposes:

          1. one million dollars ($1,000,000) to plan, design and construct improvements related to safety compliance at dams owned by the state game commission and at publicly owned lakes and associated dams and spillways statewide; and 

          2. two million dollars ($2,000,000) for fisheries renovation and wildlife and riparian habitat restoration and for improvements at properties owned by the state game commission statewide.

     SECTION 29. 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 2018 through 2022, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. three million dollars ($3,000,000) to renovate and make improvements at hatcheries owned by the state game commission statewide; 

          2. one million dollars ($1,000,000) to plan, design and construct improvements related to safety compliance at dams owned by the state game commission and at publicly owned lakes and associated dams and spillways statewide;

          3. one million two hundred thousand dollars ($1,200,000) for fisheries renovation and wildlife and riparian habitat restoration and for improvements at properties owned by the state game commission statewide; and

          4. five hundred thousand dollars ($500,000) to plan, design, construct and improve new and existing shooting ranges statewide.

     SECTION 30. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH BOND RETIREMENT FUND.--One million dollars ($1,000,000) is appropriated from the game and fish bond retirement fund to the department of game and fish for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, to renovate and make improvements at hatcheries owned by the state game commission statewide.

     SECTION 31. PUBLIC REGULATION COMMISSION PROJECT--APPROPRIATION FROM THE FIRE PROTECTION FUND.--Notwithstanding the provisions of the Fire Protection Fund Law to the contrary, two million five hundred thousand dollars ($2,500,000) is appropriated from the fire protection fund to the public regulation commission for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, to plan, design and construct a firefighter training burn building at the firefighter training academy in Socorro in Socorro county.

     SECTION 32. SUPREME COURT BUILDING COMMISSION PROJECT--APPROPRIATION FROM THE CAPITOL BUILDINGS REPAIR FUND.--Notwithstanding the provisions of Section 15-3B-17 NMSA 1978 to the contrary, one hundred twenty-three thousand dollars ($123,000) is appropriated from the capitol buildings repair fund to the supreme court building commission for expenditure in fiscal years 2018 through 2022, unless otherwise provided in Section 2 of this act, 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 33. DEPARTMENT OF GAME AND FISH PROJECT-- APPROPRIATION FROM THE BIG GAME ENHANCEMENT ACCOUNT OF THE GAME

PROTECTION FUND.--One million seven hundred fifty thousand dollars ($1,750,000) 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 2018 through 2022, unless otherwise provided in Section 2 of this act, for fisheries renovation and wildlife and riparian habitat restoration and for improvements at properties owned by the state game commission statewide.

     SECTION 34. ENVIRONMENTAL MITIGATION TRUST--CONTINGENT AUTHORIZATION--BUDGET INCREASE REQUEST FOR SCHOOL BUSES.--If, pursuant to the environmental mitigation trust agreement for state beneficiaries entered into pursuant to the partial consent decrees entered in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 CRB (JSC) (Dkt. No. 2103-1), the trustee approves the expenditure of funds to allow the public education department to replace school-district-owned buses statewide that are used to transport students to and from school pursuant to the Public School Finance Act, the public education department is authorized to request a budget increase for that purpose of four million dollars ($4,000,000), if that amount is approved by the trustee, or any other amount that is authorized by the trustee for the same purpose.  

     SECTION 35. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in this act is not sufficient to complete all the purposes specified, the appropriation may be expended for any portion of the purposes specified in the appropriation. Expenditures shall not be made for purposes other than those specified in the appropriation.

     SECTION 36. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in this act include one percent for the art in public places fund. 

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

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