SENATE FINANCE COMMITTEE SUBSTITUTE FOR
SENATE BILL 246
56th legislature - STATE OF NEW MEXICO - second session, 2024
AN ACT
RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES AND ESTABLISHING CONDITIONS FOR THE REVERSION OR TRANSFER OF UNEXPENDED BALANCES OF APPROPRIATIONS MADE BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SEVERANCE TAX BONDS--REVERSION OF PROCEEDS.--
A. Except as otherwise provided in another section of this act:
(1) the unexpended balance from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund:
(a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or
(b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and
(2) all remaining balances from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund three months after the reversion date for the unexpended balances.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
SECTION 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS--REVERSIONS.--
A. Except as otherwise provided in another section of this act:
(1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:
(a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or
(b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and
(2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance.
B. Except as provided in Subsection C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.
C. The balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert pursuant to Subsection A of this section to the tribal infrastructure project fund.
D. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
SECTION 3. ATRISCO VISTA BOULEVARD CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the department of transportation project in Subsection 1 of Section 38 of Chapter 81 of Laws 2020 to acquire rights of way for and to plan, design, construct, extend and improve Atrisco Vista boulevard, including bike lanes, in Bernalillo county is extended through fiscal year 2026.
SECTION 4. BERNALILLO COUNTY SOUTH VALLEY FAMILY SERVICES FACILITY INFORMATION TECHNOLOGY--CHANGE TO FACILITY IMPROVEMENTS--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division originally authorized in Subsection 53 of Section 26 of Chapter 80 of Laws 2018 and reauthorized in Laws 2022, Chapter 52, Section 8 to plan, design and construct renovations and improvements to the buildings and grounds of a child development and family services facility site in the South Valley in Bernalillo county and to purchase and install teleconferencing and information technology equipment at facility sites in the South Valley and the southeast heights in Albuquerque in Bernalillo county shall not be expended for the original or reauthorized purpose but is changed to plan, design, construct, replace and equip buildings, facilities and grounds at a child development and family services site in the South Valley in Bernalillo county. The time of expenditure is extended through fiscal year 2026.
SECTION 5. BERNALILLO COUNTY GUTIERREZ-HUBBELL HOUSE IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 16 of Section 35 of Chapter 81 of Laws 2020 to plan, design, construct, equip and furnish site, accessibility and building improvements, including an addition to the main house, at the Gutierrez-Hubbell house open space in the traditional Pajarito village center in Bernalillo county is extended through fiscal year 2026.
SECTION 6. BERNALILLO COUNTY RIO BRAVO PARK IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 20 of Section 35 of Chapter 81 of Laws 2020 to plan, design, construct, equip and furnish improvements, including to roads, drainage, trails, soccer fields, parking, bridges and circulation, at Rio Bravo park in Bernalillo county is extended through fiscal year 2026.
SECTION 7. BERNALILLO COUNTY STREET FOOD EQUIPMENT PURCHASE--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 26 of Section 30 of Chapter 53 of Laws 2022 to purchase, deliver, install and equip commercial equipment for a commissary kitchen for Bernalillo county food entrepreneurs for the street food institute in Bernalillo county is extended through fiscal year 2026.
SECTION 8. GATEWOOD AVENUE SOUTHWEST IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the department of transportation project in Subsection 4 of Section 38 of Chapter 81 of Laws 2020 to acquire rights of way and to plan, design and construct road and drainage improvements on Gatewood avenue SW from Bridge boulevard to Five Points road in the Atrisco community in Bernalillo county is extended through fiscal year 2026.
SECTION 9. ISLETA BOULEVARD RIGHTS-OF-WAY ACQUISITION AND IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the department of transportation project in Subsection 6 of Section 38 of Chapter 81 of Laws 2020 to acquire rights of way for and to plan, design, construct and improve Isleta boulevard SW to the south of Rio Bravo boulevard SW in Bernalillo county is extended through fiscal year 2026.
SECTION 10. QUIET LANE SOUTHWEST ROAD AND DRAIN IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the department of transportation project in Subsection 7 of Section 38 of Chapter 81 of Laws 2020 to acquire rights of way and to plan, design and construct road and storm drainage improvements on Quiet lane SW from Goff boulevard to the end of the road in the Atrisco community and for other road projects in house district 14 in Bernalillo county is extended through fiscal year 2026.
SECTION 11. KIRTLAND AIR FORCE BASE GROUND WATER MONITORING WELL CONSTRUCTION--EXPAND PURPOSE--EXTEND TIME--SEVERANCE TAX BONDS.--The department of environment project in Subsection 2 of Section 21 of Chapter 138 of Laws 2021 to plan, design and construct a ground water monitoring well for the Albuquerque-Bernalillo county water utility authority to monitor ethylene dibromide contamination in the area of Kirtland air force base in Bernalillo county may include planning, designing and constructing ground water monitoring wells throughout the Albuquerque-Bernalillo county water utility authority service area in Bernalillo county. The time of expenditure is extended through fiscal year 2026.
SECTION 12. ALBUQUERQUE-BERNALILLO COUNTY WATER UTILITY AUTHORITY GROUND WATER MONITOR WELL CONSTRUCTION--EXPAND PURPOSE--SEVERANCE TAX BONDS.--The department of environment project in Subsection 1 of Section 22 of Chapter 53 of Laws 2022 to plan, design and construct ground water monitoring wells in the area of the Kirtland air force base bulk fuel facility site for the Albuquerque-Bernalillo county water utility authority in Bernalillo county may include planning, designing and constructing ground water monitoring wells throughout the Albuquerque-Bernalillo county water utility authority service area in Bernalillo county.
SECTION 13. ALBUQUERQUE SIGN LANGUAGE ACADEMY BUS PURCHASE--CHANGE TO PORTABLE GARAGE--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the public education department in Subsection 4 of Section 16 of Chapter 199 of Laws 2023 to purchase and equip activity buses, including wheelchair lifts, for the Albuquerque sign language academy charter school in Bernalillo county shall not be expended for the original purpose but is changed to purchase a portable building for use as a garage at the Albuquerque sign language academy charter school. The time of expenditure is extended through fiscal year 2026.
SECTION 14. ALBUQUERQUE ADELANTE DEVELOPMENT CENTER EQUIPMENT AND VEHICLE PURCHASE--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 34 of Section 30 of Chapter 53 of Laws 2022 to purchase and equip vehicles, furniture and equipment, including information technology, sanitation equipment and warehouse equipment, for an organization providing residential and adult daycare services and employment training and assistance for disadvantaged populations in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 15. ALBUQUERQUE AFFORDABLE HOUSING CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 37 of Section 35 of Chapter 81 of Laws 2020 to acquire land for and to plan, design and construct affordable housing and homeless facilities in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 16. ALBUQUERQUE ALL FAITHS VEHICLE AND EQUIPMENT PURCHASE--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 39 of Section 30 of Chapter 53 of Laws 2022 to purchase and equip vehicles and to purchase and install equipment and furnishings, including coronavirus-disease-2019-safe office furniture, playground equipment and information technology, including equipment and infrastructure, at a facility promoting the healing of children in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 17. ALBUQUERQUE BUSINESS INCUBATOR AND KITCHEN CONSTRUCTION--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the local government division project in Subsection 46 of Section 35 of Chapter 81 of Laws 2020 to acquire property and to plan, design, construct, demolish, renovate, improve, equip, furnish and install equipment for a food business incubator and kitchen in the downtown area of Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 18. ALBUQUERQUE OPEN SPACE, PARKS AND TRAILS CONSTRUCTION--EXTEND TIME--GENERAL FUND.--The time of expenditure for the local government division project originally authorized in Subsection 43 of Section 34 of Chapter 277 of Laws 2019 and reauthorized in Laws 2022, Chapter 52, Section 18 to acquire property for and to plan, design, construct and equip the Crestview bluff open space area, parks and trails in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 19. ALBUQUERQUE DISTRICT SIX ART CORRIDOR SAFETY IMPROVEMENT--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 10 of Section 75 of Chapter 81 of Laws 2020 to plan, design, construct and improve pedestrian safety and access to businesses along the Albuquerque rapid transit corridor in city council district 6 in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 20. ALBUQUERQUE DISTRICT SIX STREET LIGHTING IMPROVEMENT--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 11 of Section 75 of Chapter 81 of Laws 2020 to plan, design, construct, purchase and install improvements and additions to street lighting in city council district 6 in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 21. ALBUQUERQUE DISTRICT FIVE MEDIAN IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The time of expenditure for the department of transportation project in Subsection 9 of Section 38 of Chapter 81 of Laws 2020 to plan, design, construct, purchase and install irrigation and landscaping of medians in city council district 5 in Albuquerque in Bernalillo county is extended through fiscal year 2026.
SECTION 22. ALBUQUERQUE WEST SIDE INDOOR SPORTS FACILITY CONSTRUCTION--CHANGE TO INDOOR SPORTS COMPLEX--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 108 of Section 29 of Chapter 138 of Laws 2021 to plan, design, construct, furnish and equip a west side indoor sports facility in Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to acquire land for and to plan, design, construct, improve, furnish and equip an indoor sports complex near the Jennifer Riordan spark kindness sports complex in Albuquerque in Bernalillo county. The time of expenditure is extended through fiscal year 2026.
SECTION 23. ALBUQUERQUE WEST SIDE SPORTS COMPLEX CONSTRUCTION--CHANGE TO INDOOR SPORTS COMPLEX--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division originally authorized in Subsection 121 of Section 34 of Chapter 277 of Laws 2019 and reauthorized in Laws 2023, Chapter 203, Section 31 to acquire land and rights of way for and to plan, design, construct, furnish and equip an indoor sports complex in the west side area of Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to acquire land for and to plan, design, construct, improve, furnish and equip an indoor sports complex near the Jennifer Riordan spark kindness sports complex in Albuquerque in Bernalillo county. The time of expenditure is extended through fiscal year 2026.
SECTION 24. ALBUQUERQUE WEST SIDE INDOOR RECREATION COMPLEX CONSTRUCTION--CHANGE TO INDOOR SPORTS COMPLEX IMPROVEMENT--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 141 of Section 30 of Chapter 53 of Laws 2022 to acquire land and to plan, design, construct, improve and equip an indoor recreation complex on the west side of Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to acquire land for and to plan, design, construct, improve, furnish and equip an indoor sports complex near the Jennifer Riordan