HB0285

HOUSE BILL 285

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Javier Martínez

AN ACT

RELATING TO CAPITAL EXPENDITURES; AUTHORIZING THE ISSUANCE OF SEVERANCE TAX BONDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; CLARIFYING CONDITIONS FOR THE ISSUANCE OF BONDS; ESTABLISHING CONDITIONS FOR THE EXPENDITURE OF SEVERANCE TAX BOND PROCEEDS; PROVIDING CONTINGENT AUTHORIZATION TO THE PUBLIC EDUCATION DEPARTMENT TO REQUEST BUDGET INCREASES FOR CERTAIN CAPITAL EXPENDITURES; 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 2023, 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 2025; 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. Money that is appropriated from the proceeds of severance tax bonds pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

H. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

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

A. Except as otherwise specifically provided by law, the unexpended balance of an appropriation made in this act from the general fund shall revert:

(1) no later than September 30 following:

(a) the end of fiscal year 2022 if the project for which an appropriation was made has less than five percent of the project's total appropriation amount subject to a binding written agreement with a third party on that date;

(b) the end of fiscal year 2023 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; or

(c) the end of fiscal year 2025 for a project for which an appropriation was made related to an inclusive construction or renovation project; or

(2) within six months of completion of the project for any other project for which an appropriation was made, but no later than the end of fiscal year 2025.

B. Money that is appropriated from the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

C. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

SECTION 3. FUND APPROPRIATIONS OTHER THAN GENERAL FUND-- LIMITATIONS--REVERSIONS.--

A. Except as otherwise specifically provided by law:

(1) the unexpended balance of an appropriation from a fund other than the general 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 2025; 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. Money that is appropriated from a fund other than the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.

D. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.

SECTION 4. ADMINISTRATIVE OFFICE OF THE COURTS PROJECTS--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, the following amounts are appropriated to the administrative office of the courts for the following purposes:

1. nine hundred forty-one thousand eight hundred twenty-two dollars ($941,822) to plan, design, construct, renovate, furnish and equip a new location for the magistrate court in Curry county;

2. one million five hundred twenty thousand nine dollars ($1,520,009) to plan, design, construct, renovate, furnish and equip a new location for the magistrate court in Grant county;

3. one million four hundred thirty-four thousand three hundred ninety-six dollars ($1,434,396) to plan, design, construct, renovate, furnish and equip a new location for the magistrate court in Guadalupe county;

4. four hundred thirty thousand nine hundred sixty-six dollars ($430,966) to plan, design, construct, renovate, furnish and equip a new location for the magistrate court in Otero county; and

5. ten million seven hundred thousand dollars ($10,700,000) to plan, design, construct, furnish and equip a new county magistrate court building in Santa Fe county.

SECTION 5. AGING AND LONG-TERM SERVICES DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 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-nine thousand six hundred seventy dollars ($29,670) to purchase and equip vehicles for the Bear Canyon senior center in Albuquerque in Bernalillo county;

2. twenty-four thousand dollars ($24,000) to purchase and install meals equipment and other equipment for the city of Albuquerque senior affairs nutrition and transportation program in Albuquerque in Bernalillo county;

3. two hundred sixty-six thousand nine hundred fifty dollars ($266,950) to purchase and equip vehicles for the city of Albuquerque senior affairs nutrition and transportation program in Albuquerque in Bernalillo county;

4. seventy-nine thousand nine hundred ninety-eight dollars ($79,998) for renovations to the Highland senior center in Albuquerque in Bernalillo county;

5. twenty-one thousand five hundred eighty-two dollars ($21,582) to purchase and install meals equipment and other equipment for the Manzano Mesa multigenerational center in Albuquerque in Bernalillo county;

6. fifty-eight thousand five hundred dollars ($58,500) to purchase and equip vehicles for the Eagle Nest senior center in Colfax county;

7. thirty-one thousand thirty-four dollars ($31,034) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Friendship senior center in Clovis in Curry county;

8. one hundred twenty thousand dollars ($120,000) for renovations to the Santa Clara senior center in Grant county;

9. ninety-six thousand one hundred ninety-one dollars ($96,191) for renovations to the Silver City senior center in Grant county;

10. thirty thousand six hundred fifty-six dollars ($30,656) to purchase and install meals equipment and other equipment for La Loma senior center in Anton Chico in Guadalupe county;

11. fifty-five thousand four hundred one dollars ($55,401) to purchase and equip vehicles for La Loma senior center in Anton Chico in Guadalupe county;

12. fifty thousand three hundred sixty-five dollars ($50,365) to purchase and equip vehicles for the Puerto de Luna senior center in Santa Rosa in Guadalupe county;

13. one hundred twenty-one thousand five hundred ninety-seven dollars ($121,597) to purchase and install meals equipment and other equipment for the Ena Mitchell senior center in Lordsburg in Hidalgo county;

14. seventy-three thousand five hundred dollars ($73,500) for renovations to the Corona Zia senior center in Lincoln county;

15. thirteen thousand seven hundred dollars ($13,700) to plan and design the Ruidoso Downs community center in Lincoln county;

16. seventy-six thousand dollars ($76,000) to purchase and equip vehicles for the Gallup neighborhood senior center in McKinley county;

17. one hundred fifty thousand dollars ($150,000) to plan and design the Gallup regional senior center in McKinley county;

18. twenty-five thousand sixty-three dollars ($25,063) to purchase and install meals equipment and other equipment for the Alamogordo senior center in Otero county;

19. fifty-eight thousand one hundred fourteen dollars ($58,114) for renovations to the Tucumcari senior center in Quay county;

20. forty-seven thousand five hundred dollars ($47,500) to purchase and equip vehicles for the Chama senior center in Rio Arriba county;

21. forty-seven thousand five hundred dollars ($47,500) to purchase and equip vehicles for the Coyote senior center in Rio Arriba county;

22. forty-seven thousand five hundred dollars ($47,500) to purchase and equip vehicles for the Dixon senior center in Rio Arriba county;

23. forty-seven thousand five hundred dollars ($47,500) to purchase and equip vehicles for El Rito senior center in Rio Arriba county;

24. seventy thousand dollars ($70,000) to purchase and equip vehicles for the Espanola senior center in Rio Arriba county;

25. forty-seven thousand five hundred dollars ($47,500) to purchase and equip vehicles for the Tierra Amarilla senior center in Rio Arriba county;

26. forty-seven thousand five hundred dollars ($47,500) to purchase and equip vehicles for the Truchas senior center in Rio Arriba county;

27. fifty-three thousand dollars ($53,000) to purchase and equip vehicles for the community services center in Portales in Roosevelt county;

28. twenty-five thousand five hundred dollars ($25,500) for renovations to the Bloomfield senior center in San Juan county;

29. fifty thousand dollars ($50,000) to purchase and equip vehicles for the Jemez senior center in Sandoval county;

30. sixty-four thousand four hundred fifty dollars ($64,450) to purchase and equip vehicles for the Bernalillo senior center in Sandoval county;

31. forty-six thousand three hundred seventy-one dollars ($46,371) to purchase and equip vehicles for the Cuba senior center in Sandoval county;

32. forty-one thousand six hundred seventy-six dollars ($41,676) to purchase and equip vehicles for the Pena Blanca senior center in Sandoval county;

33. three hundred thousand dollars ($300,000) to plan and design the Placitas senior center in Sandoval county;

34. seventeen thousand six hundred forty-five dollars ($17,645) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Meadowlark senior center in Rio Rancho in Sandoval county;

35. forty-one thousand seven hundred dollars ($41,700) to purchase and equip vehicles for the Rio Rancho meal site in Sandoval county;

36. seventy-six thousand dollars ($76,000) for renovations to the Ken James senior center in Truth or Consequences in Sierra county;

37. fifty-eight thousand four hundred thirteen dollars ($58,413) to purchase and equip vehicles for the Ken James senior center in Truth or Consequences in Sierra county;

38. one hundred twenty-seven thousand five hundred dollars ($127,500) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Magdalena senior center in Socorro county;

39. eighty-nine thousand dollars ($89,000) for improvements to the facility to address code compliance issues and for the purchase and installation of equipment and building systems at the Veguita senior center in Socorro county;

40. sixty thousand five hundred dollars ($60,500) for renovations to the Moriarty senior center in Torrance county;

41. one hundred seventy-six thousand dollars ($176,000) to plan, design, construct, equip and furnish the Mountainair senior center in Torrance county; and

42. one hundred thousand dollars ($100,000) to purchase and equip vehicles for the Belen senior center in Valencia county.

SECTION 6. 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, two hundred seventy-six thousand five hundred dollars ($276,500) is appropriated to the Bernalillo county metropolitan court to plan, design, purchase, equip and install improvements, including a parking operating system and a courtroom maglock security system, at the Bernalillo county metropolitan court in Bernalillo county.

SECTION 7. COMMISSION FOR THE BLIND PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the commission for the blind that the need exists for the issuance of the bonds, sixty-two thousand five hundred forty-three dollars ($62,543) is appropriated to the commission for the blind to plan, design, construct, renovate, repair, furnish and equip facilities for the commission for the blind in Otero and Bernalillo counties.

SECTION 8. BORDER AUTHORITY PROJECTS--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, the following amounts are appropriated to the border authority for the following purposes:

1. six hundred fifty-one thousand dollars ($651,000) to plan, design and construct a parking facility on property adjacent to the border authority in Santa Teresa in Dona Ana county; and

2. five hundred twelve thousand six hundred dollars ($512,600) to plan, design and construct wastewater system improvements, including a new pond, at the port of entry in Columbus in Luna county.

SECTION 9. 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. four million seven hundred forty thousand four hundred fifty-five dollars ($4,740,455) to plan, design, construct, improve, repair, renovate, furnish and equip the child wellness center in Albuquerque in Bernalillo county;

2. one million four hundred sixty-one thousand one hundred fifteen dollars ($1,461,115) to plan, design, construct, renovate, remodel, furnish and equip improvements, including demolition and abatement of hazardous materials, to the workforce solutions department administration building in Albuquerque in Bernalillo county;

3. four hundred thousand dollars ($400,000) to plan, design, construct, renovate, replace, equip, purchase and install infrastructure improvements, including interior service windows, heating, ventilation and air conditioning systems and other improvements, at the Albert Amador building in Espanola in Rio Arriba county;

4. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, renovate, furnish and equip facilities for the children, youth and families department at the public employees retirement association building in Santa Fe in Santa Fe county;

5. five million dollars ($5,000,000) to plan, design, construct, furnish and equip a new crime laboratory in Santa Fe in Santa Fe county;

6. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, renovate, furnish and equip facilities for the early childhood education and care department at the public employees retirement association building in Santa Fe in Santa Fe county;

7. four million dollars ($4,000,000) to plan, design, construct, renovate, remediate, furnish and equip state buildings located on the capitol campus to implement the Santa Fe master plan in Santa Fe county;

8. ten million dollars ($10,000,000) to plan, design, construct, renovate, purchase, install, furnish, equip and make other infrastructure improvements at correctional facilities statewide;

9. two million eight hundred sixty-two thousand dollars ($2,862,000) to plan, design, construct, improve, renovate, furnish and equip facilities for the children, youth and families department statewide;

10. twelve million dollars ($12,000,000) to plan, design, construct, renovate, remediate, furnish, equip, purchase and install infrastructure improvements, including information technology and medical equipment, at department of health facilities statewide;

11. two million two hundred fifty thousand dollars ($2,250,000) to plan, design, construct, renovate, furnish and equip infrastructure improvements at state police facilities statewide;

12. six million dollars ($6,000,000) to plan, design, construct, renovate, remediate, furnish and equip facilities at state-owned facilities statewide; and

13. one hundred seventy-five thousand dollars ($175,000) to plan, design, repair and replace infrastructure at workforce solutions department offices statewide.

SECTION 10. 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, six million dollars ($6,000,000) is appropriated to the cultural affairs department to plan, design, construct, improve, renovate, furnish and equip infrastructure, including fire suppression and mitigation, climate control, security systems and exhibits, and to comply with requirements of the federal Americans with Disabilities Act of 1990 at museums, monuments and historic sites statewide.

SECTION 11. 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, one million one hundred thousand dollars ($1,100,000) 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 12. NEW MEXICO SCHOOL FOR THE DEAF PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the New Mexico school for the deaf that the need exists for the issuance of the bonds, three million five hundred thousand dollars ($3,500,000) is appropriated to the board of regents of the New Mexico school for the deaf to plan, design, construct, renovate, furnish and equip facilities, including abatement, at the James A. Little theater building, central plant and associated site areas at the New Mexico school for the deaf in Santa Fe in Santa Fe county.

SECTION 13. FIRST JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the first judicial district court that the need exists for the issuance of the bonds, two hundred twenty thousand dollars ($220,000) is appropriated to the first judicial district court to plan, design, purchase, equip and install improvements, including audiovisual upgrades and an electronic queue management system, at the first judicial district court in Santa Fe county.

SECTION 14. THIRD JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the third judicial district court that the need exists for the issuance of the bonds, seventy-eight thousand eight hundred fifty-two dollars ($78,852) is appropriated to the third judicial district court to plan, design, purchase, renovate, equip and install building improvements, including security equipment, at the third judicial district court in Dona Ana county.

SECTION 15. ELEVENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the eleventh judicial district court that the need exists for the issuance of the bonds, one hundred twenty-five thousand seven hundred thirty-seven dollars ($125,737) is appropriated to the eleventh judicial district court to plan, design, purchase, equip and install improvements, including telecommunications upgrades, at the eleventh judicial district court in San Juan county.

SECTION 16. ECONOMIC DEVELOPMENT DEPARTMENT PROJECTS--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, the following amounts are appropriated to the economic development department for the following purposes:

1. ten million dollars ($10,000,000) for economic development projects statewide pursuant to the Local Economic Development Act; and

2. two million five hundred thousand dollars ($2,500,000) to plan, design, construct and improve infrastructure in downtown mainstreet districts and in local arts and cultural districts statewide.

SECTION 17. PUBLIC EDUCATION DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the public education department that the need exists for the issuance of the bonds, one hundred eighty thousand dollars ($180,000) is appropriated to the public education department to purchase, equip and install school bus cameras for school districts statewide.

SECTION 18. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECTS--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, the following amounts are appropriated to the energy, minerals and natural resources department for the following purposes:

1. four million dollars ($4,000,000) for the remediation of the Carlsbad brine well in Eddy county, contingent upon a one hundred percent match from local entities;

2. two million dollars ($2,000,000) to plug, remediate and reclaim abandoned oil and gas wells statewide; and

3. three million dollars ($3,000,000) to plan, design and construct watershed restoration and community wildfire protection improvements, including forest thinning, statewide.

SECTION 19. OFFICE OF THE STATE ENGINEER PROJECTS--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, the following amounts are appropriated to the office of the state engineer for the following purposes:

1. five million dollars ($5,000,000) to plan, design, construct, rehabilitate and make improvements to publicly owned dams statewide; and

2. two million one hundred thousand dollars ($2,100,000) to purchase, construct, install, map and calibrate surface and ground water measurement structures, equipment and related software for administrative purposes and accountability statewide.

SECTION 20. DEPARTMENT OF ENVIRONMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of environment 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 environment to plan, design and construct projects to improve surface water quality and river habitats statewide.

SECTION 21. 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, three million dollars ($3,000,000) is appropriated to the state fair commission to plan, design, construct, renovate, purchase and install electrical equipment and for site improvements at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

SECTION 22. DEPARTMENT OF FINANCE AND ADMINISTRATION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of finance and administration that the need exists for the issuance of the bonds, three million dollars ($3,000,000) is appropriated to the department of finance and administration for the New Mexico mortgage finance authority to build or rehabilitate affordable housing statewide pursuant to the provisions of the New Mexico Housing Trust Fund Act and the Affordable Housing Act.

SECTION 23. INDIAN AFFAIRS DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the Indian affairs department that the need exists for the issuance of the bonds, three hundred thousand dollars ($300,000) is appropriated to the Indian affairs department to plan, design, construct and improve infrastructure, including entry boundary fencing and storm water drainage and mitigation, at the Santa Fe Indian school in Santa Fe county.

SECTION 24. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECTS--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, the following amounts are appropriated to the department of information technology for the following purposes:

1. four million dollars ($4,000,000) to plan, design, construct, renovate and improve the John F. Simms building in Santa Fe in Santa Fe county;

2. ten million dollars ($10,000,000) to plan, design, engineer, construct, purchase and equip broadband infrastructure statewide; and

3. ten million dollars ($10,000,000) to plan, design, purchase, install and implement infrastructure to stabilize and modernize public safety radio communications systems statewide.

SECTION 25. 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, nine million dollars ($9,000,000) 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 settlements in the Aamodt case, the money may be expended by the interstate stream commission in fiscal year 2022 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 26. DEPARTMENT OF MILITARY AFFAIRS PROJECTS--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, the following amounts are appropriated to the department of military affairs for the following purposes:

1. four hundred thousand dollars ($400,000) to plan, design, construct, renovate and make improvements, including energy-efficient systems and infrastructure upgrades, at the Clovis armory in Curry county;

2. one million three hundred thousand dollars ($1,300,000) to plan, design, construct, renovate and make improvements, including energy-efficient systems and infrastructure upgrades, at the Las Cruces armory in Dona Ana county; and

3. four hundred fifty thousand dollars ($450,000) to plan, design, construct, renovate and make improvements, including energy-efficient systems and infrastructure upgrades, at the Onate training center complex in Santa Fe county.

SECTION 27. SUPREME COURT BUILDING COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the supreme court building commission that the need exists for the issuance of the bonds, two hundred five thousand eight hundred seven dollars ($205,807) is appropriated to the supreme court building commission to plan, design, construct and renovate facilities, including removal, disposal, remediation and installation of carpet, at the supreme court building in Santa Fe in Santa Fe county.

SECTION 28. HIGHER EDUCATION DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the higher education department that the need exists for the issuance of the bonds, the following amounts are appropriated to the higher education department for the following purposes:

1. one million dollars ($1,000,000) to plan, design, construct, renovate, furnish and equip infrastructure improvements at central New Mexico community college campuses in Bernalillo and Sandoval counties;

2. nine hundred sixty thousand five hundred thirty-six dollars ($960,536) to plan, design, renovate, construct and equip infrastructure improvements for building 105 at the southwestern Indian polytechnic institute in Albuquerque in Bernalillo county;

3. one million fifty thousand dollars ($1,050,000) to plan, design, construct, upgrade, equip and install fire alarm and sprinkler systems at Clovis community college in Clovis in Curry county;

4. one million seven hundred fifty thousand dollars ($1,750,000) to plan, design, construct, renovate, equip and install infrastructure improvements, including vestibules, campuswide at New Mexico junior college in Hobbs in Lea county;

5. four hundred thousand dollars ($400,000) to plan, design, construct, furnish and equip heating, ventilation and air conditioning system improvements to classroom facilities campuswide at Navajo technical university in Crownpoint in McKinley county;

6. one million one hundred thousand dollars ($1,100,000) to plan, design, construct, renovate, furnish and equip improvements at the agricultural multipurpose center at the Shiprock campus of Diné college in San Juan county;

7. seven hundred thousand dollars ($700,000) to plan, design and construct a fire truck access lane, including street lighting, at the Shiprock campus of Diné college in San Juan county;

8. one hundred three thousand five hundred dollars ($103,500) to plan, design, construct, renovate, purchase, equip and install fire alarm systems campuswide at Luna community college in San Miguel county;

9. two hundred thousand dollars ($200,000) to plan, design, renovate, expand, construct and equip the research center to advance contemporary native arts and the museum studies department at the institute of American Indian arts in Santa Fe in Santa Fe county; and

10. eight hundred twenty-five thousand dollars ($825,000) to plan, design, construct, furnish, equip and make upgrades to the emergency management and fire suppression systems at Santa Fe community college in Santa Fe county.

SECTION 29. EASTERN NEW MEXICO UNIVERSITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of eastern New Mexico university that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of eastern New Mexico university for the following purposes:

1. two million four hundred seventy-five thousand dollars ($2,475,000) to plan, design, construct, renovate and equip sewer line improvements campuswide, including restroom renovations, at the Roswell branch campus of eastern New Mexico university in Chaves county;

2. four hundred five thousand dollars ($405,000) to plan, design, construct and equip infrastructure improvements campuswide at the Ruidoso branch campus of eastern New Mexico university in Lincoln county; and

3. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, improve and equip infrastructure, including parking lots and sidewalks, at eastern New Mexico university in Portales in Roosevelt county.

SECTION 30. NEW MEXICO HIGHLANDS UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico highlands university that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the board of regents of New Mexico highlands university to plan, design, construct, renovate, upgrade and equip fire, health and safety infrastructure improvements, including roof repair and replacement, for the Sala de Madrid building at New Mexico highlands university in Las Vegas in San Miguel county.

SECTION 31. NEW MEXICO MILITARY INSTITUTE PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the New Mexico military institute that the need exists for the issuance of the bonds, eight hundred twenty-five thousand dollars ($825,000) is appropriated to the board of regents of the New Mexico military institute to plan, design, construct, repair and replace health and safety infrastructure campuswide, including sewer systems, at the New Mexico military institute in Roswell in Chaves county.

SECTION 32. NEW MEXICO INSTITUTE OF MINING AND TECHNOLOGY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the New Mexico institute of mining and technology that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of the New Mexico institute of mining and technology for the following purposes:

1. two million five hundred twenty thousand dollars ($2,520,000) to plan, design, construct, renovate and equip infrastructure improvements campuswide at the New Mexico institute of mining and technology in Socorro county; and

2. four hundred seventeen thousand four hundred eighty dollars ($417,480) to plan, design, engineer, purchase, construct and install fiber-optic cable infrastructure at the New Mexico institute of mining and technology in Socorro county.

SECTION 33. NEW MEXICO STATE UNIVERSITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of New Mexico state university that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of New Mexico state university for the following purposes:

1. eight hundred eighty-seven thousand five hundred dollars ($887,500) to plan, design, construct, repair and replace the roof at Martinez hall at the Grants campus of New Mexico state university in Cibola county;

2. seven hundred fifty thousand dollars ($750,000) to plan, design, construct, renovate, furnish and equip improvements to classrooms and laboratories at the Dona Ana community college campus of New Mexico state university in Dona Ana county;

3. three million dollars ($3,000,000) to plan, design, construct and repair utility tunnel systems at New Mexico state university in Las Cruces in Dona Ana county;

4. four hundred thousand dollars ($400,000) to plan, design, construct, renovate, furnish and equip improvements to buildings and infrastructure, including information technology upgrades, at the Carlsbad campus of New Mexico state university in Eddy county;

5. six hundred fifty thousand dollars ($650,000) to plan, design, construct, renovate, repair and equip infrastructure improvements, including duct work and boiler feed lines, in classroom buildings at the Alamogordo campus of New Mexico state university in Otero county; and

6. three million dollars ($3,000,000) to plan, design, construct, renovate, furnish and equip improvements, including abatement and demolition, at New Mexico state university agricultural science centers statewide.

SECTION 34. NORTHERN NEW MEXICO STATE SCHOOL PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of northern New Mexico state school that the need exists for the issuance of the bonds, one million dollars ($1,000,000) is appropriated to the board of regents of northern New Mexico state school to plan, design, construct, equip and install infrastructure improvements to heating, ventilation and air conditioning systems and controls at the El Rito and Espanola campuses of northern New Mexico state school in Rio Arriba county.

SECTION 35. UNIVERSITY OF NEW MEXICO PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of the university of New Mexico that the need exists for the issuance of the bonds, the following amounts are appropriated to the board of regents of the university of New Mexico for the following purposes:

1. three million dollars ($3,000,000) to plan, design, construct, improve, renovate and equip facilities and to expand the radiation oncology suites and good manufacturing process laboratories at the comprehensive cancer center at the university of New Mexico in Albuquerque in Bernalillo county;

2. two million two hundred eight thousand one hundred dollars ($2,208,100) to plan, design, construct and improve infrastructure at the center for the arts facility, including roof replacement and installation of perimeter access controls, at the university of New Mexico in Albuquerque in Bernalillo county;

3. two million dollars ($2,000,000) to plan, design, construct, renovate, equip and install fire alarm and fire suppression systems campuswide, including at the Reginald Heber Fitz hall and the biomedical research facility, at the university of New Mexico in Albuquerque in Bernalillo county;

4. one million eight hundred fifty thousand dollars ($1,850,000) to plan, design, construct and equip research facilities at the university of New Mexico in Albuquerque in Bernalillo county;

5. eight hundred thousand dollars ($800,000) to plan, design, construct, improve and equip infrastructure campuswide, including safety, security and energy-efficiency improvements, at the Los Alamos campus of the university of New Mexico in Los Alamos county;

6. eight hundred thousand dollars ($800,000) to plan, design, construct, improve, repair and equip infrastructure campuswide at the Gallup campus of the university of New Mexico in McKinley county;

7. one million eight hundred seventy-five thousand dollars ($1,875,000) to plan, design, construct, repair, equip and install infrastructure improvements campuswide at the Klauer campus of the Taos campus of the university of New Mexico in Taos county; and

8. three hundred thousand dollars ($300,000) to plan, design, construct, improve, renovate, equip and furnish the learning commons at the Valencia campus of the university of New Mexico in Valencia county.

SECTION 36. WESTERN NEW MEXICO UNIVERSITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the board of regents of western New Mexico university that the need exists for the issuance of the bonds, three million five hundred thousand dollars ($3,500,000) is appropriated to the board of regents of western New Mexico university to plan, design, construct, demolish, furnish and equip phase 2 of a learning center for western New Mexico university in Luna county.

SECTION 37. VETERANS' SERVICES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the veterans' services department that the need exists for the issuance of the bonds, two million three hundred thousand dollars ($2,300,000) is appropriated to the veterans' services department to plan, design, construct, improve, repair, furnish and equip and make improvements, including safety and security infrastructure, at veterans' cemeteries and monuments statewide.

SECTION 38. ADMINISTRATIVE OFFICE OF THE COURTS PROJECT--GENERAL FUND.--Twenty-two thousand dollars ($22,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 2 of this act, for a feasibility study to determine a new location for the magistrate court in Union county.

SECTION 39. AGING AND LONG-TERM SERVICES DEPARTMENT PROJECT--GENERAL FUND.--Seven hundred fifty thousand dollars ($750,000) is appropriated from the general fund to the aging and long-term services department for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 2 of this act, to purchase and install kitchen and other equipment, including for repair, replacement and installation on an emergency basis and for immediate code compliance, at senior centers statewide.

SECTION 40. CAPITAL PROGRAM FUND PROJECTS--GENERAL FUND.--The following amounts are appropriated from the general fund to the capital program fund for expenditure in fiscal years 2021 through 2025, 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, renovate, equip, purchase and install infrastructure improvements, including roofing replacement, at the Harriet Sammons building in Farmington in San Juan county; and

2. one hundred thirty-eight thousand dollars ($138,000) to plan, design, construct, repair and replace the roof at the homeland security and emergency management department building in Santa Fe in Santa Fe county.

SECTION 41. OFFICE OF THE SECRETARY OF STATE PROJECT--GENERAL FUND.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the office of the secretary of state for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 2 of this act, to plan, design and program office space to house the office of the secretary of state in Santa Fe in Santa Fe county.

SECTION 42. HIGHER EDUCATION DEPARTMENT PROJECT--GENERAL FUND.--Six hundred fifty thousand dollars ($650,000) is appropriated from the general fund to the higher education department for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 2 of this act, to plan, design, construct, furnish and equip a new facility for the welding program at San Juan college in Farmington in San Juan county.

SECTION 43. NEW MEXICO STATE UNIVERSITY PROJECT--GENERAL FUND.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the board of regents of New Mexico state university for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 2 of this act, for a feasibility study to determine relocation, demolition or consolidation of New Mexico department of agriculture facilities in Las Cruces in Dona Ana county.

SECTION 44. PUBLIC EDUCATION DEPARTMENT PROJECT--APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--Three million four hundred ninety-two thousand dollars ($3,492,000) is appropriated from the public school capital outlay fund to the public education department for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 3 of this act, contingent upon approval of the public school capital outlay council, to purchase, replace and equip school buses for school districts statewide.

SECTION 45. PUBLIC SCHOOL FACILITIES AUTHORITY 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 facilities authority for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 3 of this act, to plan, design, construct, renovate and equip infrastructure improvements for pre-kindergarten facilities statewide.

SECTION 46. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE HABITAT MANAGEMENT FUND.--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 2021 through 2025, unless otherwise provided in Section 3 of this act, for wildlife and riparian habitat restoration and for improvements at properties owned by the state game commission statewide.

SECTION 47. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH BOND RETIREMENT FUND.--Five hundred thousand dollars ($500,000) is appropriated from the game and fish bond retirement fund to the department of game and fish for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 3 of this act, to plan, design, construct, renovate and equip infrastructure improvements at hatcheries owned by the state game commission statewide.

SECTION 48. CAPITAL PROGRAM FUND PROJECT--APPROPRIATION FROM THE FIRE PROTECTION FUND.--Notwithstanding the provisions of the Fire Protection Fund Law to the contrary, five hundred thousand dollars ($500,000) is appropriated from the fire protection fund to the capital program fund for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 3 of this act, to plan, design, construct and equip a burn building for the homeland security and emergency management department in Socorro in Socorro county.

SECTION 49. EDUCATIONAL RETIREMENT BOARD PROJECT--APPROPRIATION FROM THE EDUCATIONAL RETIREMENT FUND.--Five million dollars ($5,000,000) is appropriated from the educational retirement fund to the educational retirement board for expenditure in fiscal years 2021 through 2025, unless otherwise provided in Section 3 of this act, to plan, design, construct, furnish, equip and make site improvements for a new educational retirement board facility in Santa Fe in Santa Fe county.

SECTION 50. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE BIG GAME ENHANCEMENT ACCOUNT OF THE GAME PROTECTION FUND.--One million five hundred thousand dollars ($1,500,000) 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 2021 through 2025, unless otherwise provided in Section 3 of this act, for fisheries renovation, wildlife and riparian habitat restoration and improvements at properties owned by the state game commission statewide.

SECTION 51. 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 budget increases for that purpose totaling three million four hundred ninety-two thousand dollars ($3,492,000) in fiscal years 2022 through 2024, if that amount is approved by the trustee, or any other amount that is authorized by the trustee for the same purpose. The authorization provided pursuant to this section is in addition to the contingent authorizations for the public education department to request budget increases that are applicable for fiscal years:

1. 2019 through 2022, as provided pursuant to Laws 2018, Chapter 80, Section 57, to replace school-district-owned buses statewide that are used to transport students to and from school pursuant to the Public School Finance Act; and

2. 2021 through 2024, as provided pursuant to Laws 2020, Chapter 81, Section 96, to provide infrastructure for fueling and charging stations for alternatively fueled school buses statewide pursuant to the Public School Finance Act.

SECTION 52. 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 53. 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 54. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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