HOUSE BILL 296
55th legislature - STATE OF NEW MEXICO - first session, 2021
INTRODUCED BY
Javier Martínez
AN ACT
RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR 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. LOVINGTON AMBULANCE PURCHASE--CHANGE TO WATER AND SEWER SYSTEM IMPROVEMENTS--CHANGE AGENCY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 255 of Section 34 of Chapter 277 of Laws 2019 to purchase and equip an ambulance for Lovington in Lea county shall not be expended for the original purpose but is appropriated to the department of environment to plan, design and construct water and sewer system improvements, including water mains, water lines and water and sanitary sewer equipment, in Lovington in Lea county. The time of expenditure is extended through fiscal year 2023.
SECTION 4. OTERO COUNTY EMERGENCY OPERATIONS CENTER EQUIPMENT PURCHASE--EXTEND TIME--GENERAL FUND.--The time of expenditure for the local government division project in Subsection 300 of Section 34 of Chapter 277 of Laws 2019 to purchase and install equipment for an emergency operations center in Otero county is extended through fiscal year 2023.
SECTION 5. AGUA FRIA COMMUNITY WATER SYSTEM ASSOCIATION PERIMETER WALL CONSTRUCTION--CHANGE TO IMPROVE OFFICE AND MAINTENANCE BUILDINGS--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 376 of Section 35 of Chapter 81 of Laws 2020 to plan, design and construct a perimeter wall for the Agua Fria community water system association in Santa Fe county shall not be expended for the original purpose but is changed to purchase and install solar panels and for improvements to the association's office and maintenance buildings in Santa Fe county.
SECTION 6. CLAYTON SOLID WASTE TRUCK PURCHASE--EXPAND PURPOSE--EXTEND TIME--GENERAL FUND.--The department of environment project in Subsection 137 of Section 26 of Chapter 277 of Laws 2019 to purchase and equip a solid waste truck for Clayton in Union county may include the purchase of new dumpsters fabricated to fit the solid waste truck. The time of expenditure is extended through fiscal year 2023.
SECTION 7. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
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