*CS/SB 246 CAPITAL OUTLAY REAUTHORIZATIONS

Sen Nancy Rodriguez

Actions: [4] SFC-SFC [9] DNP-CS/DP [13] PASSED/S (31-6) [15] HTRC-HTRC- DP - PASSED/H (66-0) SGND BY GOV (Mar. 6) Ch. 65 (partial veto).

Scheduled: Not Scheduled

 Senate Bill 246 (SB 246):  The bill focuses on 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. The bill also declares an emergency. 

 Senate Bill 246 (SB 246):  Section 1: Severance Tax Bonds - Reversion of Proceeds
•	Defines the reversion process for unexpended balances from the proceeds of severance tax bonds issued for a project that has been reauthorized in the act.
•	Specifies the conditions under which the unexpended balances revert to the severance tax bonding fund.

Section 2: General Fund and Other Fund Appropriations - Reversions
•	Outlines the reversion process for the unexpended balance of an appropriation from the general fund or other state fund that has been changed in the act.
•	Specifies that the balance of an appropriation made to specific departments for projects on Indian lands shall revert to the tribal infrastructure project fund.

Section 3: Texico Water Tank Improvements - Change to Curry County Fairground Improvements - Change Agency - Extend Time - General Fund
•	Redirects the unexpended balance of the appropriation originally intended for water tank improvements in Texico to the local government division for fairground improvements in Curry County. 
•	The time of expenditure is extended through fiscal year 2026.

Section 4: Texico Water System Improvements - Change to Curry County Fairground Improvements - Change Agency - Extend Time - Severance Tax Bonds
•	Similar to Section 3 but pertains to the unexpended balance of the appropriation funded by severance tax bonds.

Section 5: Third Judicial District Court Construction - Change Agency - General Fund
•	Redirects the unexpended balance of the appropriation originally designated for the construction of the third judicial district court facility in Dona Ana County to the local government division for the same purpose.

Section 6: Jemez Springs Wastewater Treatment Plant Equipment - Change to Wastewater Treatment Plant and Collection System Improvements - General Fund
•	Modifies the purpose of the appropriation for the Jemez Springs wastewater treatment plant equipment to include improvements to both the wastewater treatment plant and collection system.

Section 7: Ask Academy Charter School Improvements - Expand Purpose - General Fund
•	Expands the scope of the public education department project for improvements to the ASK Academy charter school in Rio Rancho to include the purchase of property, buildings, and equipment.

Section 8: Santa Fe Supportive Housing Facilities Renovation - Extend Time - Severance Tax Bonds
•	Extends the time of expenditure for the local government division project in Santa Fe to plan, design, construct, and renovate a facility for homeless and below-market renters through fiscal year 2026.

Section 9: Emergency
•	Declares an emergency, stating the necessity for the act to take effect immediately for the public peace, health, and safety.

The bill allows for the reallocation of unexpended balances from certain projects to new purposes, changes agencies, and extends expenditure periods for specified projects, emphasizing the reversion of funds back to relevant funds. 
 

 Committee Substitute February 13, 2024, in SFC

SFCcs/SB 246:  This proposed legislative act is related to Capital Expenditures.
Section 1:  Severance Tax Bonds – Reversions:  The unexpended balances of this Act will revert to the severance tax bonding fund.
Section 2:  General Fund and other Fund Appropriations – Reversion: 
•	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 balances.
Section 3 – Section 11:  The time of expenditure for construction of various projects which includes, planning, designing, and construction improvements is extended through fiscal year 2026.
Section 12:  Albuquerque-Bernalillo County Wayer Utility Authority Ground Water Monitor Well Construction – Expand Purpose – Severance Tax Bonds – The construction project includes monitoring wells in the Kirkland Air Force Base area.
Section 13 - Section 25:  
•	The time of expenditure for construction of various projects which includes, planning, designing, and construction improvements is extended through fiscal year 2026.
Section 26:  Kirkland Park Mural Repair – Change to Kirkland Park Renovation – General Fund:  
•	The unexpended balance of the appropriation to the local government division shall not be expended for the original purpose but is changed to plan, design, construct, renovate and equip Kirkland Park in Albuquerque in Bernalillo County.
Section 27 – 29: 
•	The time of expenditure for construction of various projects which includes, planning, designing, and construction improvements is extended through fiscal year 2026. 
Section 30: Albuquerque Proton Beam Cancer Treatment Facility Construction – Change to Surgical Center – General Fund:
•	The unexpended balance for this facility shall not be expended for the original purpose but is changed to plan, design, construct, acquire, furnish and equip a surgical center for a clinically integrated health care network in Albuquerque in Bernalillo County.
Section 31:  
•	The time of expenditure for construction of the Albuquerque Taylor Ranch Library Improvements and Community Room Construction, which includes, planning, designing improvements in Bernalillo County is extended through fiscal year 2026.
Section 32 – Section 43:
•	The time of expenditure for construction of various projects which includes, planning, designing, and construction improvements is extended through fiscal year 2026.
Section 44:  
•	Indian Pueblo Cultural Center Early Childhood Development Center Construction – Change to Facility Expansion General Fund.
Section 45 – 49: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026. 
Section 50:  
•	Tijeras Community Wayer Well Construction – Change to Water System Improvement – General Fund.
Section 51 – 64: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026. 
Section 65:  
•	Third Judicial District Court Construction – Change Agency – General Fund.
Section 66 – 67: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.  
Section 68: 
•	Dona Ana County Reproductive Health Care Clinic Construction – Change to University of Mexico Dona Ana County Clinic – Change Agency – General Fund.
Section 69 – 74: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.  
Section 75:
•	East Mesa Avenue Improvement – Change to East Mesa Area Roads -General Fund.
Section 75 – 107: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.  
Section 108: University of New Mexico-Gallup Calvin Hall Repair – Change to Baahaali Chapter House Improvement – Change Agency – General Fund:  
•	Monies from this fund shall not be expended for the original purpose but is appropriated and equip improvements to the chapter house heating, ventilation and air conditioning system in the Baahaali chapter of Navajo Nation in McKinley County.
Section 109 – 111:  
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.  
Section 112:  Becenti Chapter Veterans Center Construction – Change Purpose – General Fund:  
•	Monies shall not be expended for the original purpose but is changed to plan, design, construct, renovate and equip a multipurpose building in the Becenti chapter of the Navajo Nation in McKinley County.
Section 113 – 136: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.  
Section 137:  Los Alamos State Office Building Constructtion – Change to Construct an Office Building for Northern New Mexico – General Fund:
•	Funds shall not be expended for the original purpose but is changed to purchase, plan, design, renovate, construct, furnish, and equip a building to house state offices in northern New Mexico, including Los Almos, Sandoval, Rio Arriba, Mora, Santa Fe and Tacos counties.  
Section 138 – 158:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.  
Section 159: Greater Chimayo Mutual Domestic Water Consumers Association Water Distribution System Construction – Change to Purchase Radio Read Meters – Severance Tax Bonds:
•	The unexpended balance of the appropriation to the department of environment shall not be expended for the original purpose butt is changed to purchase and equip radio read meters and to replace touch units for the greater Chimayo mutual domestic water consumers association.
Section 160 – Section 163:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026. 
Section 164:  Roosevelt County Special Hospital District Sleep Laboratory Renovation – Change to Equipment Purchase – Severance Tax Bonds: 
•	The unexpended balance of the appropriation to the local government division shall not be expended for the original purpose but is changed to purchase equipment, including information technology systems, for the Roosevelt County special hospital district.
Section 165 – 188:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 189: Acequia Madre De El Cerrito Pipe Purchase – Change to Acequia Improvement – General Fund:
•	The unexpended balance of the appropriation to the interstate stream commission shall not be expended for the original purpose but is changed to plan, design, construct, improve and equip the Acequia Madre de el Cerrito in San Miguel County.
Section 190 – 195:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 196: Jemez Springs Wastewater Treatment Plant Equipment – Change to Wastewater Treatment Plant and Collection System Improvements – General Fund:
•	The unexpended balance of the appropriation to the department of environment to plan design construct, purchase and improve operational equipment for the wastewater treatment plan in Jemez Springs in Sandoval County is changed to plan, design, construct, purchase , equip and improve the wastewater treatment plant and collection system in Jemez Springs.
Section 197: Ask Academy Charter School Improvement – Expand Purpose – General Fund:
•	Funding for the Charter School may be used for fencing, information technology, security infrastructure and installation of related equipment, in Rio Rancho in Sandoval County may include the purchase of property buildings and equipment.
Section 198: Rio Rancho Loma Colorado Main Library Roof Replacement – Change to Service Desk Renovation – General Fund:
•	The unexpended balance of the appropriation to the local government division shall plan, design, construct and replace the roof at the Loma Colorado main library in Rio Rancho.  Funds shall not be expended for the original purpose but is changed to renovate and furnish service desks at the Loma Colorado main library and the Ester Bone memorial library.
Section 199 – 204:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 205: Santa Fe County Youth Development Facility Conversion – Change to County Clerk’s Warehouse – Severance Tax Bonds:
•	The unexpended balance of the appropriation to the local government division shall not be expended for the original purpose but is changed to plan, design, construct, renovate and equip space for use as the County Clerk’s elections warehouse and secure long-term document storage facility in Santa Fe County. 
Section 206: Santa Fe County Clerk’s office Storage Facility improvement – change to Elections Warehouse Renovation – General Fund:
•	The unexpended balance of the appropriation to the local government division shall not be expended for the original purpose but is changed to plan, design, construct, renovate and equip space for use as the county clerk’s office elections warehouse and long-term document storage facility in Santa Fe County.
Section 207:  
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 208:  Children, Youth and Families Department Therapeutic Group Homes Construction – Change to Acquisition and Construction of Property Statewide – Severance Tax Bonds.
•	The unexpended balance shall not be expended for the original purpose but is changed to acquire property for and to plan, design, construct, repair, renovate, furnish and equip improvements for children, youth and families department facilities statewide.
Section 209: 
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 210:  Eldorado Area Water and Sanitation District Parking Lot Solar Canopy 
Construction – Expand Purpose – General Fund:
•	The construction at this location may include planning, designing and constructing a solar canopy at a field workshop parking lot for the district.  
Section 211:  
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 212: Homeland Security and Emergency Management Department Warehouse Construction – Change Agency – Severance Tax Bonds:
•	The project to plan, design, construct, purchase and equip a warehouse storage building at the homeland security and emergency management dept., in Santa Fe County is changed to the facilities management division of the general services department.
Section 213 – 225:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 226:  Sunset Ridge Road Improvement – Change to Road Improvements – General Fund:
•	The unexpended balance of the appropriation to the department of transportation shall not be expended for the original purpose but is changed to plan, design, construct, repair and improve roads in Elephant Butte.
Section 227 – 230:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 231 - 232:  Children, Youth and Families Department Therapeutic Group Homes Construction – Change to Acquisition and Construction of Property Statewide – Severance Tax Bonds:
•	The unexpended balance of the appropriation to the capital program fund shall not be expended for the original or reauthorized purpose but is changed to acquire property and to plan, design, construct, repair, renovate, furnish and equip improvements for children, youth and family’s department facilities statewide.
Section 233 – 250:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 251:  Union County Courthouse Renovation – Change to Renovate a Judicial Complex and Law Enforcement Complex – Severance Tax Bonds:  
•	The unexpended balance of the appropriation to the local government division shall not be expended for the original purpose but is changed to plan, design, construct, renovate, furnish and equip a judicial complex and a law enforcement complex in Clayton.
Section 252 – 255:
•	The time of expenditure for construction of various projects which includes, planning, designing improvements is extended through fiscal year 2026.
Section 256:  Emergency:
•	It is necessary for the public peach, health and safety that this act take effect Immediately.