HOUSE BILL 55

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Jim R. Trujillo

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; ENACTING THE 2014 WORK NEW MEXICO ACT; 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; 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. SHORT TITLE.--This act may be cited as the "2014 Work New Mexico Act".

     SECTION 2. 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 the 2014 Work New Mexico 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 the 2014 Work New Mexico Act.

          B. The agencies named in the 2014 Work New Mexico 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 that act. If an agency has not certified the need for severance tax bond proceeds for a particular project, including projects that have been reauthorized, by the end of fiscal year 2016, 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 the 2014 Work New Mexico 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 2018; and

                (2) all remaining balances from the proceeds of severance tax bonds appropriated for a project in the 2014 Work New Mexico 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 3. 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 the 2014 Work New Mexico 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 2018; and

                (2) all remaining balances from an appropriation made in the 2014 Work New Mexico 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 the 2014 Work New Mexico 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 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 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 4. ADMINISTRATIVE OFFICE OF THE COURTS PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the administrative office of the courts that the need exists for the issuance of the bonds, one million twenty-seven thousand nine hundred dollars ($1,027,900) is appropriated to the administrative office of the courts to purchase and install security and other equipment, including infrastructure improvements, at magistrate courts statewide.

     SECTION 5. STATE ARMORY BOARD PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the state armory board that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the state armory board for improvements, repairs and demolition, including energy-efficient systems, to correct infrastructure deficiencies and staging areas at facilities statewide.

     SECTION 6. BERNALILLO COUNTY METROPOLITAN COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the Bernalillo county metropolitan court that the need exists for the issuance of the bonds, two million two hundred eighty thousand dollars ($2,280,000) is appropriated to the Bernalillo county metropolitan court to plan, design, construct, furnish and equip the fourth floor of the Bernalillo county metropolitan court facility, including public restroom facilities, corridors and egress access, in Bernalillo county.

     SECTION 7. BORDER AUTHORITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the border authority that the need exists for the issuance of the bonds, three hundred thousand dollars ($300,000) is appropriated to the border authority to plan, design and construct street and drainage improvements in the vicinity of the port of entry in Columbus in Luna county.

     SECTION 8. CAPITAL PROGRAM FUND PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico 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. five hundred thousand dollars ($500,000) to plan, design and construct a secondary emergency access road, including a sally port and retaining walls, at the Camino Nuevo facility at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          2. three hundred ten thousand dollars ($310,000) for infrastructure improvements, including renovation of Loma cottage and parking lot improvements, at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          3. one million four hundred thousand dollars ($1,400,000) to plan, design, construct, furnish and equip a visitor center and warehouse-commissary facility at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          4. one million one hundred seventy-five thousand dollars ($1,175,000) to replace rooftop units on dorms and cottages and to pave and repair roads and parking lots at the Sequoyah facility in Albuquerque in Bernalillo county;

          5. one hundred thirty thousand dollars ($130,000) for roof repairs and replacement and porch renovation at the juvenile probation facility at the youth diagnostic and development center in Albuquerque in Bernalillo county;

          6. six hundred thousand dollars ($600,000) to purchase and install shelving at the state commission of public records storage facility in Albuquerque in Bernalillo county;

          7. five million dollars ($5,000,000) to plan, design, renovate, construct, furnish and equip phase 1 of the Tiwa building in Albuquerque in Bernalillo county;

          8. six hundred thousand dollars ($600,000) to plan, design, renovate and construct the New Mexico state police district facility in Roswell in Chaves county;

          9. three million dollars ($3,000,000) to plan, design and construct water and wastewater upgrades at the state correctional facility in Springer in Colfax county;

          10. two hundred fifty thousand dollars ($250,000) for sewer, drainage and site repairs and improvements at the New Mexico state police district office in Las Cruces in Dona Ana county;

          11. one hundred thirty-three thousand dollars ($133,000) for upgrades and replacement of heating, ventilation and air conditioning systems for the kitchen and laundry facilities at Fort Bayard medical center in Grant county;

          12. three hundred thirty thousand dollars ($330,000) for roof repairs and replacement, including planning and design, at the port of entry facility in Lordsburg in Hidalgo county;

          13. two hundred fifty thousand dollars ($250,000) for security and drainage improvements at the Lincoln Pines juvenile center in Fort Stanton in Lincoln county;

          14. five hundred fifty thousand dollars ($550,000) to plan, design, construct and renovate, including an addition, the workforce solutions department office in Deming in Luna county;

          15. twenty million dollars ($20,000,000) to construct phase 3 of the new Meadows building, including demolition of the old Meadows building, utility rerouting, excavation and site improvements, at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

          16. three million dollars ($3,000,000) to plan, design, construct, install and equip patient health and safety upgrades, including window replacements and a surveillance system, and to purchase and equip handicapped-accessible patient transportation and food delivery vehicles at the New Mexico behavioral health institute in Las Vegas in San Miguel county;

          17. two million dollars ($2,000,000) to purchase land for a firing range for the department of public safety in Santa Fe in Santa Fe county; provided that an appraisal of the land is completed by February 1, 2014;

          18. three hundred sixty thousand dollars ($360,000) to plan and design a records and evidence center for the department of public safety in Santa Fe in Santa Fe county;

          19. four hundred fifty thousand dollars ($450,000) to plan and design a New Mexico state police district office in Santa Fe in Santa Fe county;

          20. two million eight hundred thousand dollars ($2,800,000) for facility upgrades at the New Mexico state veterans' home in Truth or Consequences in Sierra county;

          21. one hundred fifteen thousand dollars ($115,000) to plan, design and construct parking lot improvements, including paving and resurfacing, at the New Mexico state police district office in Socorro in Socorro county;

          22. five million dollars ($5,000,000) to plan, design, repair and renovate correctional facilities statewide to address security and safety hazards, operational interruptions and facility deterioration;

          23. four million dollars ($4,000,000) for security upgrades, including construction and purchase and installation of equipment, at correctional facilities statewide;

          24. three million seven hundred thousand dollars ($3,700,000) to plan, design, renovate and construct improvements, including demolition and infrastructure upgrades and improvements, at state facilities statewide; and

          25. three hundred fifty thousand dollars ($350,000) to purchase and install data and telecommunications room cooling units at human services department facilities statewide.

     SECTION 9. CULTURAL AFFAIRS DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the cultural affairs department that the need exists for the issuance of the bonds, the following amounts are appropriated to the cultural affairs department for the following purposes:

          1. three hundred thousand dollars ($300,000) to plan, design, construct, furnish and equip the education wing and to renovate exhibits at the museum of natural history and science in Albuquerque in Bernalillo county;

          2. eight hundred thousand dollars ($800,000) for infrastructure upgrades, roof repairs, site improvements, landscaping improvements and signage at the national Hispanic cultural center in Albuquerque in Bernalillo county;

          3. one million dollars ($1,000,000) to plan, design, construct, renovate, furnish and equip, including indoor and outdoor exhibits, the farm and ranch heritage museum in Las Cruces in Dona Ana county;

          4. one million dollars ($1,000,000) to plan, design, construct and renovate, including infrastructure upgrades, site improvements and improvements to exhibits and the theater, the museum of space history in Alamogordo in Otero county;

          5. five hundred thousand dollars ($500,000) to purchase and install rolling shelving for the archaeology center in Santa Fe in Santa Fe county;

          6. four hundred thousand dollars ($400,000) for parking lot improvements, erosion control, lighting, repairs to pedestrian walkways and other improvements to comply with the Americans with Disabilities Act of 1990 on state-owned land at the museum hill campus in Santa Fe in Santa Fe county;

          7. eight hundred thousand dollars ($800,000) for infrastructure upgrades, roof repairs, fire suppression systems and renovation at the palace of the governors state history museum in Santa Fe in Santa Fe county;

          8. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, renovate, furnish, equip and upgrade infrastructure at historic sites and monuments statewide;

          9. one million seven hundred thousand dollars ($1,700,000) to purchase and install specialized museum and theater equipment and other equipment for museums, monuments and historic sites statewide; and

          10. one million three hundred thousand dollars ($1,300,000) to plan, design, upgrade and renovate, including critical repairs and preservation of exhibits, museums, monuments, historic sites and museum resource facilities statewide.

     SECTION 10. CUMBRES AND TOLTEC SCENIC RAILROAD COMMISSION PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the Cumbres and Toltec scenic railroad commission that the need exists for the issuance of the bonds, the following amounts are appropriated to the Cumbres and Toltec scenic railroad commission for the following purposes:

          1. two hundred fifty thousand dollars ($250,000) for improvements to and rehabilitation of passenger cars for the Cumbres and Toltec scenic railroad that operates between New Mexico and Colorado; and

          2. six hundred thousand dollars ($600,000) for track and locomotive upgrades and rehabilitation to comply with federal railroad administration standards for the Cumbres and Toltec scenic railroad that operates between New Mexico and Colorado.

     SECTION 11. SECOND JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the second judicial district court that the need exists for the issuance of the bonds, two hundred fifty thousand dollars ($250,000) is appropriated to the second judicial district court to purchase and install a telephone system in the second judicial district court facilities in Bernalillo county.

     SECTION 12. NINTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the ninth judicial district court that the need exists for the issuance of the bonds, seventy-five thousand dollars ($75,000) is appropriated to the ninth judicial district court to purchase and install security and other equipment, including infrastructure improvements, at the ninth judicial district court facilities in Curry and Roosevelt counties.

     SECTION 13. TENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the tenth judicial district court that the need exists for the issuance of the bonds, two hundred thousand dollars ($200,000) is appropriated to the tenth judicial district court to purchase and install security and other equipment at the tenth judicial district court facility in Tucumcari in Quay county.

     SECTION 14. ELEVENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the eleventh judicial district court that the need exists for the issuance of the bonds, one hundred ninety thousand dollars ($190,000) is appropriated to the eleventh judicial district court to design and construct counters for security and ergonomic purposes in the eleventh judicial district court offices in Farmington in San Juan county and in Gallup in McKinley county.

     SECTION 15. TWELFTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the twelfth judicial district court that the need exists for the issuance of the bonds, forty-seven thousand one hundred dollars ($47,100) is appropriated to the twelfth judicial district court to furnish and equip the mediation space in the twelfth judicial district court facility in Lincoln county.

     SECTION 16. THIRTEENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the thirteenth judicial district court that the need exists for the issuance of the bonds, three hundred thousand dollars ($300,000) is appropriated to the thirteenth judicial district court to purchase and install security and other equipment at the thirteenth judicial district court facility in Cibola county.

     SECTION 17. ECONOMIC DEVELOPMENT DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico 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. two million dollars ($2,000,000) for economic development projects statewide pursuant to the Local Economic Development Act; and

          2. one million dollars ($1,000,000) for infrastructure projects in downtown mainstreet districts statewide.

     SECTION 18. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico 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. one million eight hundred thousand dollars ($1,800,000) to purchase and equip a firefighting crew carrier and vehicles and for facility improvements statewide; and

          2. three million dollars ($3,000,000) for wildfire mitigation at urban forest interfaces for communities at risk statewide.

     SECTION 19. STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico 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 purchase and equip law enforcement vehicles statewide.

     SECTION 20. OFFICE OF THE STATE ENGINEER PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, one million five hundred thousand dollars ($1,500,000) is appropriated to the office of the state engineer to plan and design dam rehabilitation of publicly owned facilities statewide.

     SECTION 21. INDIAN WATER RIGHTS SETTLEMENT FUND--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the office of the state engineer that the need exists for the issuance of the bonds, five million dollars ($5,000,000) 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 corresponding commitments have been made for the federal portion of the settlements in the Navajo Nation, Taos and Aamodt cases, the money may be expended by the interstate stream commission in fiscal year 2015 and subsequent fiscal years to implement the state's portion of the settlements, and any unexpended or unencumbered balances shall not revert at the end of a fiscal year.

     SECTION 22. DEPARTMENT OF ENVIRONMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the department of environment that the need exists for the issuance of the bonds, eight hundred thousand dollars ($800,000) is appropriated to the department of environment for restoration of rivers and streams statewide, including clearing vegetation, lowering river bank lines, replanting native species vegetation and installing erosion control measures.

     SECTION 23. STATE FAIR COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the state fair commission that the need exists for the issuance of the bonds, four million five hundred thousand dollars ($4,500,000) is appropriated to the state fair commission to plan, design and upgrade sewer and electrical infrastructure and to make roof repairs and replacements at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

     SECTION 24. DEPARTMENT OF HEALTH PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the department of health that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the department of health to purchase and install scientific and analytical equipment, including recalibration, for the scientific laboratory division in Albuquerque in Bernalillo county.

     SECTION 25. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the department of information technology that the need exists for the issuance of the bonds, five hundred thousand dollars ($500,000) is appropriated to the department of information technology to plan, design, acquire, purchase and implement infrastructure for public safety communications statewide for improved communication equipment affecting all emergency responders.

     SECTION 26. SECRETARY OF STATE PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the secretary of state that the need exists for the issuance of the bonds, two million dollars ($2,000,000) is appropriated to the secretary of state to purchase and install voting tabulator systems, including related information technology, statewide.

     SECTION 27. SPACEPORT AUTHORITY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the spaceport authority that the need exists for the issuance of the bonds, six million dollars ($6,000,000) is appropriated to the spaceport authority to plan, design and construct, including rights of way, easements and archaeological studies, the southern access road to Spaceport America in Dona Ana and Sierra counties.

     SECTION 28. SUPREME COURT BUILDING COMMISSION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the supreme court building commission that the need exists for the issuance of the bonds, six hundred thousand dollars ($600,000) is appropriated to the supreme court building commission to plan, design, construct, renovate and make repairs to the building exterior, balconies and walkways, including a snowmelt system, at the supreme court in Santa Fe in Santa Fe county.

     SECTION 29. TAXATION AND REVENUE DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the taxation and revenue department that the need exists for the issuance of the bonds, seven hundred fifty thousand dollars ($750,000) is appropriated to the taxation and revenue department to purchase and install point-of-sale hardware in motor vehicle division field offices statewide.

     SECTION 30. DEPARTMENT OF TRANSPORTATION PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the department of transportation that the need exists for the issuance of the bonds, ten million dollars ($10,000,000) is appropriated to the department of transportation for priority road improvement projects statewide.

     SECTION 31. VETERANS' SERVICES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 2 of the 2014 Work New Mexico Act, upon certification by the veterans' services department that the need exists for the issuance of the bonds, six hundred thousand dollars ($600,000) is appropriated to the veterans' services department to match federal funding to plan, design and construct columbaria, including furnishings and site improvements, at regional veterans cemeteries statewide.

     SECTION 32. PUBLIC EDUCATION DEPARTMENT PROJECTS--APPROPRIATIONS FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--The following amounts are appropriated from the public school capital outlay fund, contingent upon approval of the public school capital outlay council, to the public education department for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for the following purposes:

          1. two million five hundred thousand dollars ($2,500,000) to renovate and construct pre-kindergarten classrooms statewide; and

          2. seven million three hundred ninety-five thousand dollars ($7,395,000) to purchase school buses statewide.

     SECTION 33. OFFICE OF THE STATE ENGINEER PROJECT--APPROPRIATION FROM THE PUBLIC PROJECT REVOLVING FUND.--One million dollars ($1,000,000) is appropriated from the public project revolving fund to the office of the state engineer for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, 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 34. OFFICE OF THE STATE ENGINEER PROJECT--APPROPRIATION FROM THE WATER PROJECT FUND.--Notwithstanding the provisions of the Water Project Finance Act, one million dollars ($1,000,000) is appropriated from the water project fund to the office of the state engineer for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, to plan and design dam rehabilitation for publicly owned facilities statewide. Any unexpended or unencumbered balance remaining at the end of fiscal year 2018 shall revert to the water project fund. The transfer is from fund balances other than proceeds of severance tax bonds issued pursuant to Subsection B of Section 7-27-10.1 NMSA 1978.

     SECTION 35. INDIAN WATER RIGHTS SETTLEMENT FUND--APPROPRIATION FROM THE APPROPRIATION CONTINGENCY FUND.--Five million dollars ($5,000,000) is appropriated from the appropriation contingency 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 corresponding commitments have been made for the federal portion of the settlements in the Navajo Nation, Taos and Aamodt cases, the money may be expended by the interstate stream commission in fiscal year 2015 and subsequent fiscal years to implement the state's portion of the settlements, and any unexpended or unencumbered balances shall not revert at the end of a fiscal year.    

     SECTION 36. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE BIG GAME DEPREDATION DAMAGE FUND.--Four hundred thousand dollars ($400,000) is appropriated from the big game depredation damage fund to the department of game and fish for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, to restore degraded landscapes and wildlife habitats with multiple partners and across jurisdictional boundaries statewide to correct damage to federal, state or private land caused by big game and to prevent such damage in the future.

     SECTION 37. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE GAME AND FISH BOND RETIREMENT FUND.--One hundred fifty thousand dollars ($150,000) is appropriated from the game and fish bond retirement fund to the department of game and fish for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for design and improvements related to safety rules compliance at Laguna del Campo Lake dam in Rio Arriba county.

     SECTION 38. 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 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for the following purposes:

          1. two hundred fifty thousand dollars ($250,000) to replace the irrigation ditch with a new pipeline at the Rock Lake warm water hatchery in Santa Rosa in Guadalupe county;

          2. three hundred fifty thousand dollars ($350,000) for design and improvements related to safety rules compliance at Laguna del Campo Lake dam in Rio Arriba county;

          3. one hundred fifty thousand dollars ($150,000) to plan, design and construct a watershed education center in the Pecos watershed in San Miguel county;

          4. one hundred thousand dollars ($100,000) for demolition of condemned buildings, silos and clarifier at the Seven Springs hatchery in Sandoval county;

          5. one hundred twenty-five thousand dollars ($125,000) to purchase and install alternative energy systems on state game commission-owned properties, including farms, hatcheries and other facilities, statewide;

          6. two hundred fifty thousand dollars ($250,000) to improve existing shooting ranges and to plan, design and construct new shooting ranges statewide; and

          7. three hundred thousand dollars ($300,000) for design and installation of a fish migration barrier at Costilla Creek located within the Valle Vidal unit of the Carson national forest to protect Rio Grande cutthroat trout.

     SECTION 39. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE HABITAT MANAGEMENT FUND.--Two hundred thousand dollars ($200,000) is appropriated from the habitat management fund to the department of game and fish for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for design and installation of a fish migration barrier at Costilla Creek located within the Valle Vidal unit of the Carson national forest to protect Rio Grande cutthroat trout.

     SECTION 40. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--APPROPRIATION FROM THE ENHANCED 911 FUND.--Notwithstanding any provision of the Enhanced 911 Act, four million five hundred thousand dollars ($4,500,000) is appropriated from the enhanced 911 fund to the department of information technology for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, to plan, design, acquire, purchase and implement infrastructure for public safety communications statewide for improved communication equipment affecting all emergency responders. The appropriation is contingent upon a determination by the state board of finance that the appropriation will not in any manner impair any outstanding enhanced 911 bonds issued pursuant to the Enhanced 911 Bond Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2018 shall revert to the enhanced 911 fund.

     SECTION 41. 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 2014

through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for the following purposes:

          1. seven hundred twenty thousand dollars ($720,000) to plan, design and renovate Morgan hall at the state land office in Santa Fe in Santa Fe county;

          2. three hundred sixty thousand dollars ($360,000) to replace the ceiling and sprinkler system at the state land office in Santa Fe in Santa Fe county; and

          3. two hundred thirty thousand dollars ($230,000) to upgrade wiring infrastructure at the state land office in Santa Fe in Santa Fe county.

     SECTION 42. MINERS' COLFAX MEDICAL CENTER PROJECTS--APPROPRIATIONS FROM THE MINERS' TRUST FUND.--The following amounts are appropriated from the miners' trust fund to the miners' Colfax medical center for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for the following purposes:

          1. two hundred thousand dollars ($200,000) to purchase and install operating room equipment at miners' Colfax medical center in Colfax county; and

          2. one million two hundred thousand dollars ($1,200,000) to purchase and install radiology equipment and to renovate existing space to accommodate it at the miners' Colfax medical center in Colfax county.

     SECTION 43. NEW MEXICO SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED PROJECTS--APPROPRIATIONS FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--The following amounts are appropriated from the public school capital outlay fund, contingent upon approval of the public school capital outlay council, to the board of regents of New Mexico school for the blind and visually impaired for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for the following purposes:

          1. four million one hundred sixteen thousand nine hundred ninety-three dollars ($4,116,993) to plan, design, construct, renovate, equip and furnish the Ditzler auditorium and recreation center and the library building, including demolition of the Bert Reeves learning center, and to make other infrastructure improvements campuswide at New Mexico school for the blind and visually impaired in Alamogordo in Otero county;

          2. one million eight hundred forty-four thousand fifteen dollars ($1,844,015) to plan, design, construct, renovate, equip and furnish the Quimby gymnasium and natatorium and to make other infrastructure improvements campuswide at New Mexico school for the blind and visually impaired in Alamogordo in Otero county; and

          3. two million two hundred ninety-four thousand four hundred eleven dollars ($2,294,411) to plan, design, construct, renovate, equip and furnish residential cottages, including the demolition of Sacramento dormitory, and to make other infrastructure improvements campuswide at New Mexico school for the blind and visually impaired in Alamogordo in Otero county.

     SECTION 44. NEW MEXICO SCHOOL FOR THE DEAF PROJECT--APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.--Seven million thirty-eight thousand three hundred sixty-five dollars ($7,038,365) is appropriated from the public school capital outlay fund, contingent upon approval of the public school capital outlay council, to the board of regents of New Mexico school for the deaf, for expenditure in fiscal

years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, to plan, design, construct, renovate, equip and furnish Cartwright hall at New Mexico school for the deaf in Santa Fe in Santa Fe county.

     SECTION 45. DEPARTMENT OF TRANSPORTATION PROJECT--APPROPRIATION FROM THE CONTINGENCY LIQUIDITY ACCOUNT FUND.--Five million dollars ($5,000,000) is appropriated from the contingency liquidity account fund of the New Mexico finance authority to the state road fund for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, for priority road improvement projects statewide.

     SECTION 46. DEPARTMENT OF TRANSPORTATION PROJECT--APPROPRIATION FROM THE HIGHWAY INFRASTRUCTURE FUND.--Eleven million dollars ($11,000,000) is appropriated from the highway infrastructure fund to the state road fund for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, to construct and repair United States highway 491 in McKinley and San Juan counties and United States highway 82 in Eddy and Lea counties. The transfer is contingent upon a determination by the state board of finance, with advice from the state transportation commission and the New Mexico finance authority, that the transfer will not in any manner impair any outstanding bonds issued pursuant to Section 67-3-59.1 or 67-3-59.3 NMSA 1978.

     SECTION 47. DEPARTMENT OF TRANSPORTATION PROJECT--APPROPRIATION FROM THE TRIBAL INFRASTRUCTURE PROJECT FUND.--Five million dollars ($5,000,000) is appropriated from the tribal infrastructure project fund, contingent upon approval of the tribal infrastructure board, to the state road fund for expenditure in fiscal years 2014 through 2018, unless otherwise provided for in Section 3 of the 2014 Work New Mexico Act, to construct and repair United States highway 491 in McKinley and San Juan counties, notwithstanding the provisions of the Tribal Infrastructure Act.

     SECTION 48. WASTEWATER FACILITY CONSTRUCTION LOAN FUND PROJECTS--APPROPRIATION FROM THE PUBLIC PROJECT REVOLVING FUND.--One million three hundred thousand dollars ($1,300,000) is appropriated from the public project revolving fund to the wastewater facility construction loan fund for expenditure in fiscal year 2014 and subsequent fiscal years to implement the provisions of the Wastewater Facility Construction Loan Act or to provide state matching funds required by the terms of any federal grant under the Clean Water Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert.

     SECTION 49. PROJECT SCOPE--EXPENDITURES.--If an appropriation for a project authorized in the 2014 Work New Mexico 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 50. ART IN PUBLIC PLACES.--Pursuant to Section 13-4A-4 NMSA 1978 and where applicable, the appropriations authorized in the 2014 Work New Mexico Act include one percent for the art in public places fund. 

     SECTION 51. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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