SENATE FINANCE COMMITTEE SUBSTITUTE FOR
SENATE BILL 275
56th legislature - STATE OF NEW MEXICO - second session, 2024
AN ACT
RELATING TO CAPITAL EXPENDITURES; MAKING APPROPRIATIONS FROM THE GENERAL FUND AND OTHER STATE FUNDS; AUTHORIZING EXPENDITURES FROM CERTAIN FUNDS AND BALANCES; PROVIDING FOR THE ISSUANCE OF SEVERANCE TAX BONDS AND APPROPRIATION OF SEVERANCE TAX BOND PROCEEDS FOR CERTAIN PROJECTS PREVIOUSLY AUTHORIZED BY LAW AND TO CERTAIN FUNDS AS PROVIDED BY SECTIONS 7-27-10.1 AND 7-27-12.5 NMSA 1978 (BEING LAWS 2003, CHAPTER 134, SECTION 1 AND LAWS 2010, CHAPTER 10, SECTION 9, AS AMENDED); ELIMINATING CERTAIN ENCUMBRANCE REQUIREMENTS, REQUIRING CERTIFICATIONS TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION AND PROVIDING REVERSION DATE EXTENSIONS FOR CERTAIN APPROPRIATIONS FOR PROJECTS MADE IN LAWS 2023, CHAPTER 199; 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. GENERAL FUND APPROPRIATIONS--LIMITATIONS-- REVERSIONS.--
A. Except as otherwise specifically provided by law, the unexpended balance of an appropriation made in this act from the general fund shall revert:
(1) no later than September 30 following:
(a) the end of fiscal year 2026 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; or
(b) the end of fiscal year 2028 for a project for which an appropriation was made related to an inclusive construction or renovation project; or
(2) within six months of completion of the project for any other project for which an appropriation was made, but no later than the end of fiscal year 2028.
B. The agencies named in this act shall certify to the department of finance and administration that the money appropriated in this act is needed for the purposes specified in the applicable section of this act. If an agency has not certified the need for the appropriation for a particular project by the end of fiscal year 2026, the authorization for that project is void.
C. Money that is appropriated from the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.
D. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.
SECTION 2. FUND APPROPRIATIONS OTHER THAN GENERAL FUND-- LIMITATIONS--REVERSIONS.--
A. Except as otherwise specifically provided by law:
(1) the unexpended balance of an appropriation made in this act from a fund other than the general fund 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 2028; 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. Money that is appropriated from a fund other than the general fund pursuant to this act shall not be subject to a binding written agreement with a third party prior to the authorized state agency's approval to enter into that agreement.
D. For the purposes of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses subject to a binding written agreement with a third party.
SECTION 3. ADMINISTRATIVE OFFICE OF THE COURTS PROJECTS--GENERAL FUND.--The following amounts are appropriated from the general fund to the administrative office of the courts for expenditure in fiscal years 2024 through 2028, unless otherwise provided in Section 1 of this act, for the following purposes:
1. three million dollars ($3,000,000) to plan, design, construct, furnish and equip a new magistrate court in Clovis in Curry county;
2. one hundred fifty thousand dollars ($150,000) to acquire land for the Guadalupe county magistrate court in Guadalupe county;
3. two hundred thousand dollars ($200,000) to purchase and install equipment, security alarm systems, surveillance systems and security fencing and to make improvements at the magistrate court building in Deming in Luna county;
4. fifteen million dollars ($15,000,000) to plan, design, construct, furnish and equip a new magistrate court in Bernalillo in Sandoval county;
5. eleven million dollars ($11,000,000) to plan, design, construct, furnish and equip a new magistrate court in Santa Fe in Santa Fe county;
6. four million dollars ($4,000,000) to design, purchase, install and equip technological and systems improvements to district courts statewide;
7. ten million dollars ($10,000,000) to plan, design, construct, renovate, furnish and equip district court improvements statewide, contingent upon a county match of at least fifty percent of project costs and requiring the administrative office of the courts to prioritize projects based on critical need and county financial capacity; and
8. two million dollars ($2,000,000) to plan, design, construct, repair, renovate, furnish and equip magistrate courts statewide.
SECTION 4. AGING AND LONG-TERM SERVICES DEPARTMENT PROJECTS--GENERAL FUND.--The following amounts are appropriated from the general fund to the aging and long-term services department for expenditure in fiscal years 2024 through 2028, unless otherwise provided in Section 1 of this act, for the following purposes:
1. one hundred thousand dollars ($100,000) to plan, design, construct, repair, furnish, equip and improve the Barelas senior center in Albuquerque in Bernalillo county;
2. three hundred thousand dollars ($300,000) to plan, design, construct, equip and improve Los Volcanes senior center, including flooring, kitchens and accessibility, in Albuquerque in Bernalillo county;
3. ten thousand dollars ($10,000) to plan, design, construct, furnish and equip a senior public health complex for the Pueblo of Acoma in Cibola county;
4. twenty-five thousand dollars ($25,000) to purchase, replace and equip windows for the Acoma senior center in the Pueblo of Acoma in Cibola county;
5. fifty thousand dollars ($50,000) to plan, design, construct, repair, replace and improve the Grady senior center roof, including solar panels, in Grady in Curry county;
6. five hundred seventy-five thousand dollars ($575,000) to plan, design and construct a senior center in Roy in Harding county;
7. one hundred ten thousand dollars ($110,000) to plan, design, construct, furnish and equip an outdoor patio for the Coyote Canyon senior center in the Coyote Canyon chapter of the Navajo Nation in McKinley county;
8. five hundred thousand dollars ($500,000) to plan, design, construct, furnish and equip a senior citizen center, including parking areas, in Wagon Mound in Mora county;
9. three hundred ninety-five thousand dollars ($395,000) to purchase and equip vehicles, including a truck with a plow, for the Mescalero Apache senior center for the Mescalero Apache Tribe in Otero county;
10. fifty thousand dollars ($50,000) to purchase and install equipment for senior centers in Rio Arriba county;
11. one hundred seventy-five thousand dollars ($175,000) to plan, design, construct, furnish, equip and improve the Jicarilla senior center for the Jicarilla Apache Nation in Rio Arriba county;
12. two hundred fifty thousand dollars ($250,000) to purchase easements and rights of way and to plan, design, construct, furnish and equip a senior center and parking lot for the Gadii'ahi/To'koi chapter of the Navajo Nation in San Juan county;
13. sixty thousand eight hundred eighty-three dollars ($60,883) to purchase and equip trucks and vehicles for the Ken James senior center in Truth or Consequences in Sierra county;
14. fifty thousand dollars ($50,000) to purchase and equip vehicles for the Ken James senior center in Truth or Consequences in Sierra county;
15. one million dollars ($1,000,000) to address emergency needs to include renovations and immediate code compliance, to purchase and install furnishings, to purchase and equip vehicles and meals equipment and for delivery and installation of building systems at senior centers statewide; and
16. seven hundred thousand dollars ($700,000) to plan, design, construct, equip, remediate and demolish the old La Cienega school site in Questa in Taos county.
SECTION 5. BERNALILLO COUNTY METROPOLITAN COURT PROJECT--GENERAL FUND.--Two million five hundred thousand dollars ($2,500,000) is appropriated to the Bernalillo county metropolitan court for expenditure in fiscal years 2024 through 2028, unless otherwise provided in Section 1 of this act, to plan, design, purchase, install and equip fire safety systems at the Bernalillo county metropolitan court in Albuquerque in Bernalillo county.
SECTION 6. CAPITAL PROGRAM FUND PROJECTS--GENERAL FUND.--The following amounts are appropriated from the general fund to the capital program fund for expenditure in fiscal years 2024 through 2028, unless otherwise provided in Section 1 of this act, for the following purposes:
1. five hundred thousand dollars ($500,000) to purchase, plan, design, renovate and construct improvements to a radio communications building in Las Vegas in San Miguel county;
2. thirty million dollars ($30,000,000) to plan, design, construct, furnish and equip a new forensic unit at the New Mexico behavioral health institute at Las Vegas in San Miguel county;
3. three million dollars ($3,000,000) to plan, design and construct a fire training facility and a firefighter memorial in northern New Mexico;
4. five million dollars ($5,000,000) to plan, design, construct, renovate, equip and furnish the Bataan memorial building, including historic preservation renovations and improvements, in Santa Fe in Santa Fe county;
5. two million two hundred fifty thousand dollars ($2,250,000) to plan, design, construct, improve, furnish and equip a training facility for use by law enforcement agencies statewide in Santa Fe in Santa Fe county;
6. two million dollars ($2,000,000) to plan, design, renovate, furnish and equip improvements to a state-owned facility to accommodate the early childhood education and care department in Santa Fe in Santa Fe county;
7. four hundred twenty thousand dollars ($420,000) to plan, design, construct, repair, renovate, furnish and equip a warehouse for the homeland security and emergency management department in Santa Fe in Santa Fe county;
8. four million dollars ($4,000,000) to plan, design, construct, renovate, repair, furnish and equip improvements to the supreme court, including elevator, electrical, heating, cooling and ventilation systems, in Santa Fe in Santa county;
9. two hundred fifty thousand dollars ($250,000) to plan, design, construct and improve the emergency operations center in Socorro in Socorro county;
10. two million dollars ($2,000,000) to plan, design, repair, renovate, furnish and equip the fire training academy in Socorro in Socorro county;
11. one million dollars ($1,000,000) for a comprehensive master plan for corrections department facilities, including consideration of long-term programmatic needs and the impact of revisions to the inmate classification systems statewide;
12. nine million dollars ($9,000,000) to plan, design, construct, renovate, repair, furnish, purchase and install equipment and to make other infrastructure improvements to correctional facilities statewide;
13. five million dollars ($5,000,000) to plan, design, construct, renovate, repair, furnish, equip and make improvements to children, youth and fam