SENATE BILL 462

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Carlos R. Cisneros

 

 

 

 

 

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; 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 2019, 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 2021; 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. 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--LIMITATIONS--REVERSIONS.--

          A. Except as otherwise specifically provided by law:

                (1) the unexpended balance of an appropriation made in this 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 2021; 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. 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 funds 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 3. ADMINISTRATIVE OFFICE OF THE COURTS PROJECT--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, one million dollars ($1,000,000) is appropriated to the administrative office of the courts to purchase and install high density security equipment and for related infrastructure improvements at magistrate courts and judicial district courts statewide.

     SECTION 4. 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. seven million five hundred thousand dollars ($7,500,000) to plan, design, construct, renovate, equip, repair, purchase and install equipment and improve infrastructure, including roofs, security upgrades and replacement of heating, ventilation and air conditioning systems, at correctional facilities statewide;

          2. two million eight hundred thousand dollars ($2,800,000) to plan, design, construct, renovate, purchase and install infrastructure improvements and equipment, including security system upgrades and servers, security reception stations, lighting and kitchen upgrades, at children, youth and families department juvenile facilities statewide;

          3. six million dollars ($6,000,000) to plan, design, construct, equip, purchase and install equipment and for facility upgrades, including fire alarm and security surveillance systems, at department of health facilities statewide;

          4. five hundred thousand dollars ($500,000) to plan, design, renovate, purchase and install equipment, including heavy equipment, and for demolition and debris removal and to replace and upgrade mechanical, electrical and other infrastructure systems campus-wide for the department of health at the old Fort Bayard medical center in Grant county;

          5. two million dollars ($2,000,000) to plan, design, construct, renovate, furnish and equip state police district offices, including roadway and parking lot improvements, erosion control and the repair or replacement of heating, ventilation and air conditioning systems, at district offices statewide;

          6. four million five hundred thousand dollars ($4,500,000) to plan, design, construct, improve, renovate, remediate, furnish and equip facilities, including infrastructure upgrades, at state-owned facilities statewide; and

          7. five hundred thousand dollars ($500,000) to plan, design, construct and renovate facilities and to purchase and install equipment for building code compliance in offices of the workforce solutions department statewide.

     SECTION 5. 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, three million dollars ($3,000,000) is appropriated to the cultural affairs department to plan, design, construct, renovate, furnish, equip and make other improvements to comply with the federal Americans with Disabilities Act of 1990, including lighting, fire alarm and security upgrades, parking lot improvements and heating, ventilation and air conditioning systems, at museums, monuments, historic sites and cultural facilities statewide.

     SECTION 6. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--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, four million dollars ($4,000,000) is appropriated to the energy, minerals and natural resources department to plan, design and construct watershed restoration and community wildfire protection improvements, including forest thinning, statewide.

     SECTION 7. DEPARTMENT OF HEALTH PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this 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, analytical and medical equipment, including the recalibration of existing equipment, at department of health facilities statewide.

     SECTION 8. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECT--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, seven hundred seven thousand dollars ($707,000) is appropriated to the department of information technology to plan, design, purchase, install and implement infrastructure to stabilize and modernize public safety radio communications statewide.

     SECTION 9. 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 one hundred thousand dollars ($9,100,000) 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 settlement in the Aamodt case, the money may be expended by the interstate stream commission in fiscal year 2018 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 10. DEPARTMENT OF MILITARY AFFAIRS PROJECT--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, one million dollars ($1,000,000) is appropriated to the department of military affairs for improvements, repairs and demolition and to purchase and install systems to improve energy efficiency and for staging areas at department of military affairs facilities statewide.

     SECTION 11. DEPARTMENT OF PUBLIC SAFETY PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the department of public safety that the need exists for the issuance of the bonds, seven million dollars ($7,000,000) is appropriated to the department of public safety to purchase and equip a search and rescue helicopter for New Mexico state police operations statewide.

     SECTION 12. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE BIG GAME ENHANCEMENT ACCOUNT OF THE GAME PROTECTION FUND.--One million dollars ($1,000,000) 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 2017 through 2021, unless otherwise provided in Section 2 of this act, to improve, restore and develop state-owned wildlife and waterfowl management areas to prevent catastrophic wildfires and to improve watershed health statewide.

     SECTION 13. DEPARTMENT OF GAME AND FISH PROJECT--APPROPRIATION FROM THE HABITAT MANAGEMENT FUND.-- Notwithstanding the provisions of Section 17-4-34 NMSA 1978 to the contrary, 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 2017 through 2021, unless otherwise provided in Section 2 of this act, to improve, restore and maintain state-owned wildlife and waterfowl management areas to prevent catastrophic wildfires and to improve watershed health statewide.

     SECTION 14. INTERSTATE STREAM COMMISSION PROJECT--APPROPRIATION FROM THE NEW MEXICO UNIT FUND.--Fifteen million two hundred thousand dollars ($15,200,000) is appropriated from the New Mexico unit fund to the interstate stream commission for expenditure in fiscal years 2018 through 2020, unless otherwise provided in Section 2 of this act, to comply with federal requirements to meet water supply demands, including costs associated with planning and environmental compliance activities and environmental mitigation and restoration, in the southwest water planning region of New Mexico as determined by the interstate stream commission in consultation with the southwest New Mexico water study group or its successor.

     SECTION 15. 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 16. 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 17. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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