SB0149

SENATE BILL 149

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

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO PUBLIC MONEY; REPLACING THE CURRENT CAPITAL PROGRAM PLANNING FOR STATE AGENCIES; ENACTING THE CAPITAL PLANNING AND MONITORING ACT; INCREASING FISCAL AND PROGRAMMATIC SCRUTINY OF CAPITAL OUTLAY EXPENDITURES; CREATING THE CAPITAL PLANNING AND MONITORING DIVISION IN THE DEPARTMENT OF FINANCE AND ADMINISTRATION; PROVIDING DUTIES; MAKING TRANSFERS.

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

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Capital Planning and Monitoring Act".

SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Capital Planning and Monitoring Act:

A. "capital project" means a project located in New Mexico that includes the acquisition, repair, alteration, demolition, renovation, construction or reconstruction of a public building or other public works owned by an eligible entity, including planning and design and professional engineering, surveying, architectural and landscape architectural services directly related to the capital project; purchase of rights of way or easements; purchase of land for a public building or other public works; site improvements to public property; purchase and installation of equipment of a long-term nature for a public building or other public works; purchase of furniture as part of a renovation or construction of a public building; purchase of motor vehicles or heavy equipment; and hardware and software for voice, radio, video and data communications;

B. "division" means the capital planning and monitoring division of the department of finance and administration;

C. "eligible entity" means:

(1) a state agency, state institution or state instrumentality;

(2) a local government of the state; or

(3) a tribe; and

D. "tribe" means a federally recognized Indian nation, tribe or pueblo, or a subdivision or agency of a federally recognized Indian nation, tribe or pueblo, located wholly or partially within New Mexico.

SECTION 3. [NEW MATERIAL] CAPITAL PLANNING AND MONITORING DIVISION CREATED--DUTIES.--

A. The "capital planning and monitoring division" is created in the department of finance and administration. The division shall:

(1) either directly or through coordination with other responsible state and local agencies, direct capital project planning for the executive branch, for state institutions and for local governments that seek state funding for capital projects;

(2) coordinate with the appropriate state and federal agencies that provide capital project funding for local governments, other eligible entities and rural areas;

(3) work with state agencies, state institutions, local governments and the legislature to develop priorities for capital projects that the executive branch proposes to the legislature to be funded through the capital outlay process;

(4) oversee, either directly or through other responsible state agencies, all state-funded capital projects to ensure timely execution of approved capital projects, proper expenditures of state funding and timely reversion of unexpended balances;

(5) develop procedures to ensure current and complete accounting and reporting on state-funded capital projects;

(6) maintain a central database on capital projects that includes the fiscal and programmatic status of each capital project;

(7) identify stagnant capital projects and recommend deauthorization to the legislature;

(8) identify capital projects that have been completed and fund balances that are available for reversion;

(9) provide training and assistance to eligible entities on planning, budgeting and administration of capital projects, including proper accounting and monitoring and completion of capital projects within statutory deadlines and the reversion of unexpended funds as required by law;

(10) adopt standards for measuring the need for and utility of proposed capital projects;

(11) work with the board of finance division of the department of finance and administration to ensure that capital projects authorized by the legislature are properly certified for the issuance of bonds and to ensure that capital projects proceed in a timely manner as required in the appropriating legislation and meet federal and state requirements; and

(12) provide capital outlay project information required by the legislative council service to draft capital outlay legislation.

B. The division may conduct compliance and performance audits of capital projects and may coordinate those audits with the financial audits conducted by the state auditor or an independent auditor.

C. All eligible entities shall assist and cooperate with the division and other responsible state agencies as required for the division to carry out its duties.

D. The division shall promulgate rules necessary for the administration of the Capital Planning and Monitoring Act in accordance with that act.

SECTION 4. [NEW MATERIAL] STATE CAPITAL IMPROVEMENTS PLAN.--The division shall prepare and annually update a five-year "state capital improvements plan" that details the capital projects recommended to be undertaken by eligible entities with state aid or under state regulation. The plan shall:

A. include an economic forecast and a discussion of economic activities that bear on the need for state or local infrastructure;

B. include a description of outstanding capital projects being funded with state money, their estimated completion date, their initial cost, their estimated completion cost and their estimated operational costs for the first five years;

C. classify capital projects with respect to urgency and need based on division-adopted standards;

D. recommend a time sequence for construction or purchase of specific capital projects;

E. contain an estimated cost of each capital project, as well as the probable operating and maintenance costs of each project;

F. identify any revenue that will be generated by a capital project;

G. identify existing or additional sources of funds needed for construction and operation of each capital project;

H. identify the eligible entity that owns or will own a capital project; and

I. provide other information for any capital project or for the state capital improvements plan as determined by the division.

SECTION 5. [NEW MATERIAL] CAPITAL PROJECT REQUESTS-- GUIDELINES--INFRASTRUCTURE CAPITAL IMPROVEMENTS PLANS-- SUBMISSION TO DIVISION--RECOMMENDATIONS TO LEGISLATURE.--

A. By January 15 of each year, the division shall publish capital project guidelines to be followed by eligible entities that plan to seek funding for any capital project in the next year's legislative session. The guidelines shall also identify those provisions that a tribe is required to follow in seeking funding for a capital project.

B. The guidelines shall include provisions to guide state agencies that review capital project requests and local government infrastructure capital improvements plans. The state capital improvements plan and each local government's infrastructure capital improvements plan shall be updated each year.

C. The guidelines shall include:

(1) a requirement that a local government requesting state capital outlay funds is eligible for funding only if it has a completed current audit or has submitted written status reports by the deadlines imposed by the state auditor toward compliance with the Audit Act;

(2) a requirement that a local government be current on its budget and quarterly report submissions to the local government division of the department of finance and administration;

(3) a requirement that local government capital projects for which funding is being requested be submitted to appropriate state agencies in addition to the division, as provided in Subsection D of this section;

(4) requirements for analyzing immediate and future needs of the state, regions of the state and localities; and

(5) requirements for analyzing requests in light of:

(a) critical needs of the state and local governments, including health and safety needs;

(b) the ability of the local government to provide matching funds for the capital project;

(d) the capital project's priority on either the state capital improvements plan or a local government's infrastructure capital improvements plan;

(e) the ability to phase the capital project, if necessary, and the availability of funding to complete at least one fully functional phase;

(f) the ability of the eligible entity to provide for the operation and maintenance of the capital project;

(g) the expected useful life of the capital project;

(h) the available alternatives to the capital project as requested;

(i) consideration of whether a renovation project will forestall substantial capital outlay costs in the short and long terms;

(j) the most appropriate funding sources for types of capital projects; and

(k) other considerations as determined by the division.

D. By May 1 of each year, all infrastructure capital improvements plans shall be submitted to the division. The division shall forward specific priority projects to responsible state agencies as follows:

(1) local government or regional projects that are not otherwise submitted to another state agency are due to the local government division of the department of finance and administration;

(2) water and wastewater projects are due to the department of environment;

(3) street, road and highway projects are due to the department of transportation;

(4) area agency on aging or local aging program projects are due to the aging and long-term services department;

(5) public post-secondary educational institution and special school projects are due to the higher education department;

(6) public school projects are due to the public education department;

(7) state agency projects for state agencies under the jurisdiction of the facilities management division of the general services department are due to the facilities management division;

(8) state museum, state monument and historic site projects are due to the division;

(9) state and local government plans that are part of master plans approved by the capitol buildings planning commission are due to the capitol buildings planning commission; and

(10) capital projects for the New Mexico state fair, state parks division of the energy, minerals and natural resources department, state armory board, tribal infrastructure board, colonias infrastructure board, water trust board, judicial branch and any other capital improvements plans or capital project requests that are not specifically assigned to another state agency are due to the division.

E. All state agencies that are responsible for reviewing capital project requests shall submit their recommendations to the division by July 1 of the year prior to the year in which funding is sought. For local government projects, the recommendations shall include comprehensive analyses of the local government's capacity and effort to fund the requested capital project and its ability to operate the capital project, if applicable.

F. The division shall publish the annual state capital improvements plan by December 1. An abstract of the plan shall be included in the executive budget recommendations for the following fiscal year and shall include the executive's recommendations to the legislature for capital improvements funding.

SECTION 6. [NEW MATERIAL] REPORTS.--Every state agency responsible for capital projects shall file electronic quarterly status reports with the division on appropriations and expenditures. Every recipient of a state-funded capital project shall file electronic monthly status reports with the division on the status of appropriation and expenditures.

SECTION 7. Section 9-6-3 NMSA 1978 (being Laws 1977, Chapter 247, Section 3, as amended) is amended to read:

"9-6-3. DEPARTMENT OF FINANCE AND ADMINISTRATION--CREATION--TRANSFER AND MERGER OF DIVISION FUNCTIONS--MERGER AND CREATION OF DIVISIONS.--

A. The "department of finance and administration" is created. The department shall consist of those divisions created by law or executive order, as modified by executive order pursuant to Subsection C of this section, including [but not limited to]:

(1) the board of finance division;

(2) the financial control division;

(3) the local government division;

(4) the management and contracts review division; [and]

(5) the state budget division; and

(6) the capital planning and monitoring division.

B. The secretary of finance and administration is empowered to organize the department and [the] its divisions [thereof] specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor is empowered to merge divisions of the department or to create additional divisions by executive order in the interest of efficiency and economy."

SECTION 8. Section 9-6-5.1 NMSA 1978 (being Laws 1983, Chapter 296, Section 7) is amended to read:

"9-6-5.1. PLANNING POWERS AND DUTIES OF SECRETARY OF FINANCE AND ADMINISTRATION.--The secretary of [the department of] finance and administration, in addition to the other powers and duties conferred:

A. shall review federal grant applications and provide management assistance;

B. shall coordinate, in accordance with directives from the governor's office of policy and planning, state agency plans for economic, natural resource, energy resource and human resource development;

C. shall provide aid to planning and development districts in developing grant proposals and cooperate with other local entities in developing grant proposals;

[D. shall acquire, study and review all plans for capital projects proposed by state agencies and render advice on the plans. The secretary shall maintain long-range estimates and plans for capital projects and develop standards for measuring the need for and utility of proposed projects;

E.] D. may contract for, receive and [utilize] use any grants or other financial assistance made available by the United States government or by any other source, public or private;

[F.] E. may provide planning and funding assistance to units of local government, council of [government] governments organizations, Indian tribal governments with tribal lands situated wholly or partially within New Mexico and [to] nonprofit entities having for their purpose local, regional or community betterment. The secretary, incident to any such programs, may enter into contracts and agreements with such units of local government, council of [government] governments organizations, Indian tribal governments, nonprofit entities and the federal government and may participate in or receive aid from any federal or private program in relation to such a planning program or assistance;

[G.] F. shall confer with the state budget division [of the department of finance and administration] and the capital planning and monitoring division in developing comprehensive plans to assure coordination of planning and budgeting functions;

[H. shall coordinate the state clearinghouse review process;

I. shall develop a status of the state report;

J. shall review and coordinate comment by state agencies on draft environmental impact statements;

K.] G. shall provide community development block grant technical assistance to local governments;

[L.] H. shall administer, in consultation with and upon advice and direction from the community development block grant policy committee, the program for the state community development block grant program;

[M. shall serve as staff to the New Mexico association of regional councils;

N. shall maintain a state planning library;] and

[O.] I. shall provide planning assistance to county and multi-county districts relative to application by such districts for financial assistance and for regional plan development."

SECTION 9. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, MONEY, APPROPRIATIONS AND PROPERTY.--On the effective date of the provisions of this act, all functions, money, appropriations, records, furniture, equipment and other property of the capital outlay bureau of the state budget division of the department of finance and administration are transferred to the capital planning and monitoring division of the department of finance and administration.

SECTION 10. REPEAL.--Section 6-4-1 NMSA 1978 (being Laws 1975, Chapter 282, Section 3, as amended) is repealed.

SECTION 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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