HOUSE BILL 349

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Javier Martínez and Jim R. Trujillo

 

 

 

 

 

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; PROVIDING CONTINGENT AUTHORIZATION TO THE PUBLIC EDUCATION DEPARTMENT TO REQUEST BUDGET INCREASES FOR CERTAIN CAPITAL EXPENDITURES; 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 2022, 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 2024; 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 2022; 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 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. one hundred four thousand dollars ($104,000) to plan, design and construct a magistrate court judicial center in Curry county;

          2. four hundred sixty-nine thousand dollars ($469,000) to plan, design and construct a magistrate court building in Anthony in Dona Ana county;

          3. four hundred thirty thousand dollars ($430,000) to plan and design a new magistrate court in Bernalillo in Sandoval county; and

          4. six hundred seventy-one thousand dollars ($671,000) to upgrade proprietary security and camera systems to enterprise-class information technology security and camera systems in magistrate courts statewide.

     SECTION 4. 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, eight hundred thousand dollars ($800,000) is appropriated to the Bernalillo county metropolitan court to acquire property adjacent to the existing court facilities and for design, engineering, demolition, construction and equipment to improve security and access for the Bernalillo county metropolitan court in Albuquerque in Bernalillo county.

     SECTION 5. BORDER AUTHORITY PROJECT--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, three million five hundred thousand dollars ($3,500,000) is appropriated to the border authority to plan, design and construct flood control infrastructure, including a flood diversion berm, ponding, detention areas and a bridge, and to purchase and install a hazardous materials containment facility and for parking lot repairs at the ports of entry at Columbus and Santa Teresa in Luna and Dona Ana counties.

     SECTION 6. 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. five million dollars ($5,000,000) to plan, design, construct, renovate, remodel, furnish and equip improvements, including infrastructure and abatement of hazardous materials, to the workforce solutions department administration building in Albuquerque in Bernalillo county;

          2. five hundred thousand dollars ($500,000) to plan, design, construct, repair and renovate facilities, including upgrading exterior and interior wall finishing and stucco, and to make other improvements at the youth diagnostic and development center and Camino Nuevo youth center facilities in Albuquerque in Bernalillo county and at the John Paul Taylor center in Las Cruces in Dona Ana county;

          3. eight hundred sixty thousand two hundred seventy-four dollars ($860,274) to plan, design, construct, renovate and equip and to purchase and install equipment for human services department facilities, including perimeter security fencing, gates, heating, ventilation and air conditioning systems, signage, parking lots, curb and gutter, asphalt and accessibility compliance, in Hobbs in Lea county and in Bernalillo in Sandoval county;

          4. four hundred fifteen thousand dollars ($415,000) to plan, design, renovate and replace electrical systems, roofing and flooring at the homeland security and emergency management department in Santa Fe in Santa Fe county;

          5. six million dollars ($6,000,000) to plan, design, renovate and equip improvements to the firing range at the New Mexico law enforcement academy in Santa Fe in Santa Fe county;

          6. nine million fifty thousand dollars ($9,050,000) to plan, design, construct, furnish and equip a new state police district office in Santa Fe in Santa Fe county;

          7. one million dollars ($1,000,000) to plan, design, construct, renovate, furnish and equip an addition to the existing homeland security and emergency management department building in Santa Fe in Santa Fe county;

          8. fifteen million dollars ($15,000,000) to plan, design, construct, renovate, furnish, purchase, install, equip and make other infrastructure improvements at the Gara building in Bernalillo county and at transitional living centers and correctional facilities statewide;

          9. two million three hundred fifty thousand dollars ($2,350,000) to plan, design, construct, 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 equipment, including the purchase and installation of information technology equipment, medical equipment and infrastructure systems, for department of health facilities statewide;

          11. one million five hundred fifty thousand dollars ($1,550,000) to plan, design, construct, renovate, furnish and equip infrastructure improvements at state police facilities statewide;

          12. thirteen million dollars ($13,000,000) to plan, design, construct, improve, renovate, remediate, furnish and equip facilities, including infrastructure upgrades, at state-owned facilities statewide;

          13. two million dollars ($2,000,000) to decommission and demolish buildings, including abatement of hazardous materials, at state-owned facilities statewide; and

          14. five hundred thousand dollars ($500,000) to plan, design, construct, replace and improve mechanical, electrical and plumbing systems, roofs and parking lots at workforce solutions department offices statewide.

     SECTION 7. COURT OF APPEALS PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the court of appeals that the need exists for the issuance of the bonds, three hundred thousand dollars ($300,000) is appropriated to the court of appeals to plan, design, construct, renovate, furnish and equip the court of appeals building in Albuquerque in Bernalillo county.

     SECTION 8. CULTURAL AFFAIRS DEPARTMENT PROJECTS-- 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, the following amounts are appropriated to the cultural affairs department for the following purposes:

          1. five hundred thousand dollars ($500,000) for renovations and equipment at rural libraries statewide; and

          2. five million five hundred thousand dollars ($5,500,000) to plan, design, construct, renovate, furnish and equip infrastructure improvements, including fire suppression and mitigation, climate control, security systems and accessibility compliance, at museums, monuments and historic sites statewide.

     SECTION 9. 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 10. FIRST JUDICIAL DISTRICT COURT PROJECTS-- 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, the following amounts are appropriated to the first judicial district court for the following purposes:

          1. twenty-two thousand one hundred dollars ($22,100) to purchase and install x-ray equipment for the Rio Arriba county magistrate court in Rio Arriba county;

          2. fifty thousand dollars ($50,000) to plan, design, purchase, construct and install an electronic queue management system in the Steve Herrera judicial complex in Santa Fe in Santa Fe county;

          3. one hundred fifty-four thousand dollars ($154,000) to plan, design, purchase and install courtroom video presentation and conferencing systems for the first judicial district court complex in Santa Fe in Santa Fe county; and

          4. twenty-two thousand one hundred dollars ($22,100) to plan, design, construct, purchase and install x-ray equipment for the magistrate court in Santa Fe in Santa Fe county.

     SECTION 11. SECOND JUDICIAL DISTRICT COURT PROJECT-- SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the second judicial district court that the need exists for the issuance of the bonds, one million two hundred three thousand eighteen dollars ($1,203,018) is appropriated to the second judicial district court for security equipment, renovations and structural alterations and to purchase fixed and mobile equipment, furnishings and technology for the renovation of the first through third floors of the Bernalillo county courthouse in Albuquerque in Bernalillo county.

     SECTION 12. 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, fifty-six thousand eight hundred forty dollars ($56,840) is appropriated to the third judicial district court to purchase and install security equipment, including an x-ray machine, metal detector and a public address system, for the magistrate court in Dona Ana county.

     SECTION 13. FOURTH JUDICIAL DISTRICT COURT PROJECTS-- SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the fourth judicial district court that the need exists for the issuance of the bonds, the following amounts are appropriated to the fourth judicial district court for the following purposes:

          1. sixty-six thousand ninety-one dollars ($66,091) to purchase and install an audio and video intercom system for offices of the fourth judicial district court in San Miguel and Guadalupe counties; and

          2. five thousand four hundred eighty-five dollars ($5,485) to purchase, construct and install a New Mexico state seal at the fourth judicial district court in Las Vegas in San Miguel county.

     SECTION 14. EIGHTH JUDICIAL DISTRICT COURT PROJECT-- SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the eighth judicial district court that the need exists for the issuance of the bonds, two hundred ninety-two thousand five hundred dollars ($292,500) is appropriated to the eighth judicial district court to plan, design, construct, remodel and improve a courthouse, including consolidation of clerks' offices and expansion of jury facilities, for the eighth judicial district in Taos in Taos county.

     SECTION 15. NINTH JUDICIAL DISTRICT COURT PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the ninth judicial district court that the need exists for the issuance of the bonds, the following amounts are appropriated to the ninth judicial district court for the following purposes:

          1. nine thousand dollars ($9,000) to purchase and install chairs for a jury box at the ninth judicial district court in Clovis in Curry county; and

          2. twenty-eight thousand five hundred dollars ($28,500) to purchase and equip mobile video conference equipment for district and magistrate courts in the ninth judicial district in Curry and Roosevelt counties.

     SECTION 16. ELEVENTH JUDICIAL DISTRICT COURT PROJECTS--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, the following amounts are appropriated to the eleventh judicial district court for the following purposes:

          1. one hundred twenty-one thousand seven hundred dollars ($121,700) to plan, design, construct, purchase, equip and replace x-ray machines and magnetometers at district and magistrate courts for the eleventh judicial district in Aztec and Farmington in San Juan county and in Gallup in McKinley county;

          2. ninety-four thousand eight hundred twenty-five dollars ($94,825) to plan, design, construct, renovate and equip office space for pretrial services at the eleventh judicial district courthouse in Aztec in San Juan county; and

          3. two hundred nine thousand eight hundred ninety-one dollars ($209,891) to plan, design, construct, replace and install an electronic access control system at the eleventh judicial district courthouse in Aztec in San Juan county.

     SECTION 17. THIRTEENTH JUDICIAL DISTRICT COURT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the thirteenth judicial district court that the need exists for the issuance of the bonds, one hundred four thousand eight hundred twenty-five dollars ($104,825) is appropriated to the thirteenth judicial district court to plan, design, construct, purchase and install metal detectors and x-ray scanners in magistrate courts in the thirteenth judicial district in Sandoval, Valencia and Cibola counties.

     SECTION 18. ECONOMIC DEVELOPMENT DEPARTMENT PROJECT--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, two million five hundred thousand dollars ($2,500,000) is appropriated to the economic development department to plan, design and construct infrastructure improvements in mainstreet districts and local arts and cultural districts statewide.

     SECTION 19. 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, two million dollars ($2,000,000) 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 20. STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this 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, one million three hundred fifty thousand dollars ($1,350,000) is appropriated to the state parks division of the energy, minerals and natural resources department to plan, design and construct upgrades and improvements to New Mexico state parks related to water and wastewater infrastructure statewide.

     SECTION 21. 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. four hundred twenty thousand dollars ($420,000) for the San Juan river basin recovery implementation program in San Juan county;

          2. one million dollars ($1,000,000) to plan, design and construct the realignment of the main channel of the Rio Grande in portions of the San Acacia reach in Socorro county;

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

          4. one million nine hundred thousand dollars ($1,900,000) to purchase, construct, install, map and calibrate surface and ground water measurement structures, equipment and related software for administrative purposes and accountability statewide.

     SECTION 22. 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 design and construct projects that improve surface water quality and river habitat statewide.

     SECTION 23. 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, five million dollars ($5,000,000) is appropriated to the state fair commission to plan, design, construct, renovate, purchase and install equipment and for site improvements at the New Mexico state fairgrounds in Albuquerque in Bernalillo county.

     SECTION 24. DEPARTMENT OF FINANCE AND ADMINISTRATION PROJECTS--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, the following amounts are appropriated to the department of finance and administration for the following purposes:

          1. seven hundred fifty thousand dollars ($750,000) to plan, design, construct, renovate and equip the women's health birthing center at the Rehoboth McKinley Christian hospital in Gallup in McKinley county;

          2. one million dollars ($1,000,000) for the New Mexico mortgage finance authority to weatherize homes and to provide energy efficiency improvements pursuant to the Affordable Housing Act for low-income households statewide; and

          3. two million dollars ($2,000,000) for the New Mexico mortgage finance authority to build or rehabilitate affordable housing statewide, pursuant to the New Mexico Housing Trust Fund Act and the Affordable Housing Act.

     SECTION 25. GENERAL SERVICES DEPARTMENT PROJECT-- SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the general services department that the need exists for the issuance of the bonds, four million dollars ($4,000,000) is appropriated to the general services department to purchase and equip an airplane for use statewide.

     SECTION 26. 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. one million seven hundred ten thousand dollars ($1,710,000) to plan, design, construct, renovate, furnish and equip a building for the Albuquerque radio communications bureau in Bernalillo county; and

          2. two million dollars ($2,000,000) to plan, design, purchase, install and implement infrastructure to stabilize and modernize public safety radio communications statewide.

     SECTION 27. 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 settlement in the Aamodt case, the money may be expended by the interstate stream commission in fiscal year 2021 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 28. 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. seven hundred seventy-five thousand dollars ($775,000) to acquire land to serve as a buffer zone for the Rio Rancho military training site in Rio Rancho in Sandoval county; and

          2. one million five hundred thousand dollars ($1,500,000) to plan, design, construct, renovate, equip and upgrade infrastructure at armories statewide.

     SECTION 29. SPACEPORT AUTHORITY PROJECTS--SEVERANCE TAX BONDS.--Pursuant to the provisions of Section 1 of this act, upon certification by the spaceport authority that the need exists for the issuance of the bonds, the following amounts are appropriated to the spaceport authority for the following purposes:

          1. two million dollars ($2,000,000) to plan, design, construct and equip an information technology building at spaceport America in Sierra county; and

          2. five million dollars ($5,000,000) to plan, design, construct and equip a taxiway at spaceport America in Sierra county.

     SECTION 30. NEW MEXICO STATE 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 state university that the need exists for the issuance of the bonds, two million dollars ($2,000,000) is appropriated to the board of regents of New Mexico state university to plan, design, construct, repair, renovate, furnish and equip facilities, including demolition and site improvements, at the New Mexico department of agriculture building in Las Cruces in Dona Ana county.

     SECTION 31. 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, two million five hundred thousand dollars ($2,500,000) is appropriated to the board of regents of western New Mexico university to plan, design, construct, equip and furnish a learning center at the Deming campus of western New Mexico university in Luna county.

     SECTION 32. 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 two hundred thousand dollars ($2,200,000) is appropriated to the veterans' services department to plan, design, construct, repair, furnish, equip and make site improvements, including a memorial wall, at the Vietnam Veterans memorial in Angel Fire in Colfax county.

     SECTION 33. DEPARTMENT OF TRANSPORTATION PROJECT--APPROPRIATION FROM THE STATE ROAD FUND.--Seven million nine hundred eighty-four thousand seven hundred twenty-two dollars ($7,984,722) is appropriated from the state road fund to the department of transportation for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, to plan, design and construct energy efficiency renovations at the department of transportation headquarters in Santa Fe in Santa Fe county.

     SECTION 34. STATE LAND OFFICE PROJECT--APPROPRIATION FROM THE STATE LANDS MAINTENANCE FUND.--Six hundred fifty thousand dollars ($650,000) is appropriated from the state lands maintenance fund to the state land office for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, to plan, design and install energy efficient lighting and for ceiling replacement at the state land office in Santa Fe in Santa Fe county.

     SECTION 35. PUBLIC EDUCATION DEPARTMENT PROJECT--APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.-- Eight million nine hundred eighty-nine thousand dollars ($8,989,000) is appropriated from the public school capital outlay fund to the public education department for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, to purchase and equip school-district-owned school buses statewide.

     SECTION 36. PUBLIC SCHOOL FACILITIES AUTHORITY PROJECT-- APPROPRIATION FROM THE PUBLIC SCHOOL CAPITAL OUTLAY FUND.-- Twenty-five million dollars ($25,000,000) is appropriated from the public school capital outlay fund to the public school facilities authority for retroactive awards, contingent on approval by the public school capital outlay council, for previously awarded standards-based schools at school districts that have a state match requirement calculated pursuant to Section 22-24-5 NMSA 1978 of the Public School Capital Outlay Act that is greater than fifty percent; provided that funds shall be prioritized to school districts that receive federal impact aid funds for students residing on Indian lands. Awards shall be targeted to: facility projects that are currently within the adequacy standards that were not within the adequacy standards at the time of a previous award; teacher housing; and other facilities in school districts that receive significant federal impact aid funds for students residing on Indian lands, for which the Public School Capital Outlay Act does not provide matching funds.

     SECTION 37. CAPITAL PROGRAM FUND PROJECT--APPROPRIATION FROM THE PENITENTIARY INCOME FUND.--Three million dollars ($3,000,000) is appropriated from the penitentiary income fund to the facilities management division of the general services department for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, to plan, design, construct, renovate, furnish, purchase, install, equip and make other infrastructure improvements at the Gara building in Bernalillo county and at transitional living centers and correctional facilities statewide.

     SECTION 38. ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT PROJECT--APPROPRIATION FROM THE OIL AND GAS RECLAMATION FUND.--Five hundred thousand dollars ($500,000) is appropriated from the oil and gas reclamation fund to the energy, minerals and natural resources department for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, to purchase and equip vehicles for the oil conservation division statewide.

     SECTION 39. MINERS' HOSPITAL 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 2021 through 2024, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. five hundred thousand dollars ($500,000) to plan, design and renovate the miners' Colfax medical center hospital in Raton in Colfax county;

          2. one million dollars ($1,000,000) to acquire hospital medical equipment for the miners' Colfax medical center hospital in Raton in Colfax county; and

          3. five hundred thousand dollars ($500,000) to decommission and demolish the old miners' Colfax medical center hospital building, including abatement of hazardous materials, in Raton in Colfax county.

     SECTION 40. DEPARTMENT OF INFORMATION TECHNOLOGY PROJECTS--APPROPRIATIONS FROM THE EQUIPMENT REPLACEMENT REVOLVING FUNDS.--The following amounts are appropriated from the equipment replacement revolving funds to the department of information technology for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, for the following purposes:

          1. one hundred twenty thousand dollars ($120,000) to plan, design, construct, renovate, furnish and equip a building for the Albuquerque radio communications bureau in Bernalillo county; and

          2. eight million dollars ($8,000,000) to plan, design, purchase, install and implement infrastructure to stabilize and modernize public safety radio communications statewide.

     SECTION 41. EDUCATIONAL RETIREMENT BOARD PROJECT--APPROPRIATION FROM THE EDUCATIONAL RETIREMENT FUND.--One million three hundred nine thousand dollars ($1,309,000) is appropriated from the educational retirement fund to the educational retirement board for expenditure in fiscal years 2021 through 2024, unless otherwise provided in Section 2 of this act, for land acquisition and to plan, design and construct a new educational retirement board headquarters in Santa Fe in Santa Fe county.

     SECTION 42. 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 2021 through 2024, unless otherwise provided in Section 2 of this act, for wildlife and riparian habitat restoration and for improvements at properties owned by the state game commission statewide.

     SECTION 43. ENVIRONMENTAL MITIGATION TRUST--CONTINGENT AUTHORIZATION--BUDGET INCREASE REQUEST FOR CHARGING STATIONS FOR ALTERNATIVELY FUELED 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 provide infrastructure for fueling and charging stations for alternatively fueled school buses statewide pursuant to the Public School Finance Act, the public education department is authorized to request budget increases for that purpose totaling two hundred thousand dollars ($200,000) in fiscal years 2021 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 authorization applicable for fiscal years 2019 through 2022 and provided pursuant to Laws 2018, Chapter 80, Section 57 for the public education department to request budget increases to replace school-district-owned buses statewide that are used to transport students to and from school pursuant to the Public School Finance Act.

     SECTION 44. 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 45. 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 46. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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