SENATE BILL 245

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

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OR TRANSFER OF UNEXPENDED BALANCES OF APPROPRIATIONS MADE BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.

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

     SECTION 1. SEVERANCE TAX BONDS--REVERSION OF PROCEEDS.--

          A. Except as otherwise provided in another section of this act:

                (1) the unexpended balance from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and

                (2) all remaining balances from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund three months after the reversion date for the unexpended balances.

          B. 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--REVERSIONS.--

          A. Except as otherwise provided in another section of this act:

                (1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and

                (2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance.

          B. Except as provided in Subsection C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.

          C. The balance of an appropriation made from the general fund or other state fund 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 pursuant to Subsection A of this section to the tribal infrastructure project fund.

          D. 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. AGUA FRIA WATER BOARD OFFICE BUILDING ROOF--CHANGE TO MAINTENANCE BUILDING CONSTRUCTION AND PARKING LOT IMPROVEMENTS--EXTEND TIME--SEVERANCE TAX BONDS.--Thirteen thousand three hundred seventy-eight dollars ($13,378) of the unexpended balance of the appropriation to the local government division in Subsection 206 of Section 28 of Chapter 3 of Laws 2015 (S.S.) to plan, design and construct improvements and roof replacement in the Agua Fria association water board office building in the Agua Fria area of Santa Fe county shall not be expended for the original purpose but is changed to plan, design, purchase and construct a maintenance, storage and utility building and parking lot improvements at the premises of the Agua Fria association water board office building in the Agua Fria area of Santa Fe county. The time of expenditure is extended through fiscal year 2020.

     SECTION 4. SHONDEEN DRIVE IMPROVEMENTS ROCK SPRINGS CHAPTER--CHANGE TO NORTH CHAPEL HILL ROAD IMPROVEMENTS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of transportation in Subsection 56 of Section 24 of Chapter 81 of Laws 2016 to plan, design and construct improvements to Shondeen drive in the Rock Springs chapter of the Navajo Nation in McKinley county shall not be expended for the original purpose but is changed to plan, design and construct improvements to north Chapel Hill road in the Rock Springs chapter.

     SECTION 5. PASEO DEL VOLCAN LOOP BYPASS--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the department of transportation project in Subsection 57 of Section 25 of Chapter 66 of Laws 2014 to acquire rights of way for and to plan, design and construct paseo del Volcan loop bypass road from Unser boulevard to interstate 40 in Bernalillo and Sandoval counties is extended through fiscal year 2020.

     SECTION 6. ALBUQUERQUE ATRISCO ADULT DAYCARE AND RESPITE FACILITY--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project originally authorized in Subparagraph (a) of Paragraph (8) of Subsection A of Section 18 of Chapter 105 of Laws 2010 and reauthorized to the aging and long-term services department in Laws 2014, Chapter 64, Section 9 and for which the time of expenditure was extended in Laws 2016, Chapter 83, Section 9 to purchase land and a building and to plan, design, renovate, construct, furnish and equip an adult daycare and respite facility in the Atrisco community in Albuquerque in Bernalillo county is extended through fiscal year 2020.

     SECTION 7. VIETNAM VETERANS MEMORIAL STATE PARK--CHANGE TO VIETNAM VETERANS MEMORIAL--CHANGE AGENCY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the state parks division of the energy, minerals and natural resources department in Subsection 1 of Section 16 of Chapter 81 of Laws 2016 to plan, design, renovate and construct improvements to the Vietnam veterans memorial state park in Colfax county shall not be expended by the state parks division but is appropriated to the capital program fund for the Vietnam veterans memorial in Colfax county.

     SECTION 8. CLOVIS POTTER PARK IMPROVEMENTS--CHANGE TO CLOVIS LYCEUM THEATER CONSTRUCTION--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 101 of Section 28 of Chapter 3 of Laws 2015 (S.S.) to construct and equip improvements for Potter park in Clovis in Curry county shall not be expended for the original purpose but is changed to plan, design, construct, renovate and equip the Lyceum theater in Clovis.

     SECTION 9. RIO DE CHAMA ACEQUIAS WATER AND STORAGE RIGHTS--CHANGE TO PURCHASE OF WATER AND WATER STORAGE CONTRACT--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the interstate stream commission originally authorized in Subsection 10 of Section 15 of Chapter 64 of Laws 2012 and reauthorized in Laws 2016, Chapter 83, Section 73 to purchase water rights and water storage rights at Abiquiu dam and El Vado dam for the Rio de Chama acequias association in the Medanales area in Rio Arriba county shall not be expended for the original or reauthorized purpose but is changed to establish a long-term water storage contract at Abiquiu and El Vado reservoirs and for a bulk purchase of water for the Rio de Chama acequias association. The time of expenditure is extended through fiscal year 2020.

     SECTION 10. RIO ARRIBA COUNTY SALA FILANTROPICA RENOVATION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 159 of Section 22 of Chapter 66 of Laws 2014 to renovate, furnish and expand the Sala Filantropica building into a multipurpose community facility in the Embudo valley in Rio Arriba county is extended through fiscal year 2020.

     SECTION 11. ROOSEVELT COUNTY SPECIAL HOSPITAL DISTRICT SAFETY EQUIPMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 184 of Section 28 of Chapter 3 of Laws 2015 (S.S.) to plan, design, purchase and install safety and security equipment in the Roosevelt general hospital in the Roosevelt county special hospital district in Roosevelt county is extended through fiscal year 2020.

     SECTION 12. LAS VEGAS BRADNER DAM CONSTRUCTION--EXTEND TIME--ATTORNEY GENERAL SETTLEMENT FUND.--The time of expenditure for the office of the state engineer project in Laws 2014, Chapter 66, Section 38 to plan, design, construct and expand Bradner dam in Las Vegas in San Miguel county is extended through fiscal year 2020.

     SECTION 13. SOUTHERN SANDOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY ALBERTA ROAD DRAINAGE IMPROVEMENTS PHASE 2--CHANGE TO SARATOGA FLOOD DETENTION FACILITY CONSTRUCTION--CHANGE AGENCY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of transportation in Subsection 72 of Section 25 of Chapter 66 of Laws 2014 to plan, design and construct phase 2 drainage improvements for flood control on Alberta road for the southern Sandoval county arroyo flood control authority in Rio Rancho in Sandoval county shall not be expended for the original purpose but is appropriated to the department of environment to plan, design and construct the Saratoga off-channel flood detention facility for the authority in Sandoval county.

     SECTION 14. AGUA FRIA WATER BOARD OFFICE BUILDING ROOF--CHANGE TO SECURITY DOORS AND GATE--SEVERANCE TAX BONDS.--Seven thousand dollars ($7,000) of the unexpended balance of the appropriation to the local government division in Subsection 206 of Section 28 of Chapter 3 of Laws 2015 (S.S.) to plan, design and construct improvements and roof replacement in the Agua Fria association water board office building in the Agua Fria area of Santa Fe county shall not be expended for the original purpose but is changed for prior purchase made in 2017 of security doors and a gate at the premises of the Agua Fria association water board building in the Agua Fria area of Santa Fe county.

     SECTION 15. CLAYTON GROUND WATER MONITORING WELL--CHANGE TO CLAYTON IRRIGATION WELL AND WASTEWATER LAGOONS IMPROVEMENTS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the department of environment in Subsection 91 of Section 18 of Chapter 81 of Laws 2016 to plan, design and construct a ground water monitoring well in Clayton in Union county shall not be expended for the original purpose but is changed to plan, design and construct improvements to irrigation well 19AW and wastewater lagoons 1, 2, 3 and 4 in Clayton.

     SECTION 16. CLAYTON TOWN HALL RENOVATIONS AND ROOF REPLACEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 217 of Section 22 of Chapter 66 of Laws 2014 to plan, design and construct renovations and roof replacement at the town hall in Clayton in Union county is extended through fiscal year 2020.

     SECTION 17. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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