House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HOUSE BILL 2538

 

 

 

AN ACT

 

amending laws 2016, chapter 126, section 7; Making capital outlay appropriations for the different departments of the state and for state institutions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Laws 2016, chapter 126, section 7 is amended to read:

Sec. 7.  Appropriations; department of transportation; vehicle wash system

A.  The sum of $5,530,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2016-2017 to the department of transportation for the construction of ten vehicle wash systems. following:

1.  $2,344,800 for the construction of six vehicle wash systems.

2.  $3,185,200 for distribution as follows:

(a)  To the counties, 33.231 percent.

(b)  To the incorporated cities and towns, 48.097 percent.

(c)  To incorporated cities with a population of three hundred thousand or more persons, 5.247 percent.

(d)  To counties with a population of more than eight hundred thousand persons, 13.425 percent.

B.  The allocation and distribution made pursuant to subsection A, paragraph 2, subdivisions (a), (b) and (c) of this section shall be made as prescribed in section 28‑6540, Arizona Revised Statutes.  The allocation and distribution made pursuant to subsection A, paragraph 2, subdivision (d) of this section shall be made as prescribed in section 28‑6538, subsection B, Arizona Revised Statutes.

C.  The amounts appropriated in subsection A, paragraph 2 of this section may be used only for the direct costs of constructing, reconstructing, maintaining or repairing public highways, streets or bridges and direct costs of rights‑of‑way acquisitions and expenses related thereto.

B.  D.  Before spending the appropriation in subsection A, paragraph 1 of this section, the department of transportation shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 2.  Capital outlay appropriations; major maintenance and repair of state buildings; review; report

A.  Notwithstanding section 41-793.01, Arizona Revised Statutes, the amounts appropriated in this section are appropriated for fiscal year 2017‑2018 to be used by the applicable agency for major maintenance and repair activities for state buildings in accordance with title 41, chapter 4, article 7, Arizona Revised Statutes.  Of the amount appropriated to the department of administration, up to $275,000 in personal services and employee‑related expenditures for up to five FTE positions may be allocated each fiscal year until the building renewal projects are completed.  All other monies appropriated in this section may not be spent for personal services or employee-related expenditures or for maintenance contracts on building components and equipment without review by the joint committee on capital review.

B.  DEPARTMENT OF ADMINISTRATION                        $ 8,300,000

Fund sources:

State general fund                                $ 5,700,000

Capital outlay stabilization fund                 $ 2,600,000

The department of administration shall allocate the monies to state agencies for necessary building renewal.  If monies in the capital outlay stabilization fund established by section 41-792.01, Arizona Revised Statutes, are insufficient to fund the appropriation to the department of administration for building renewal, the appropriation to the department of administration is reduced by the difference between the amount appropriated to the department of administration from the capital outlay stabilization fund and the balance in the capital outlay stabilization fund.  The department of administration may allocate the appropriation in this subsection for the replacement of modular offices and remote housing at the department of public safety.

On or before January 31, 2018 and July 31, 2018, the department of administration shall report to the joint legislative budget committee staff on the status of all building renewal projects and building renewal expenditures.

C.  STATE DEPARTMENT OF CORRECTIONS                     $ 5,464,300

Fund source:

Department of corrections building

  renewal fund                                    $ 5,464,300

On or before January 31, 2018 and July 31, 2018, the state department of corrections shall report to the joint legislative budget committee staff on the status of all building renewal projects and building renewal expenditures.  The department may not spend any of this appropriation on personal services or overhead expenses related to the management of the funded projects.

D.  ARIZONA GAME AND FISH DEPARTMENT                    $   530,000

Fund source:

Game and fish fund                                $   530,000

E.  ARIZONA STATE LOTTERY COMMISSION                    $   122,200

Fund source:

State lottery fund                                $   122,200

F.  DEPARTMENT OF TRANSPORTATION                        $ 4,732,300

Fund sources:

State highway fund                                $ 4,500,000

State aviation fund                               $   232,300

Sec. 3.  Appropriation; Arizona exposition and state fair board; capital improvements; review

A.  The sum of $1,000,000 is appropriated from the Arizona exposition and state fair fund established by section 3-1005, Arizona Revised Statutes, in fiscal year 2017-2018 to the Arizona exposition and state fair board for capital improvements.

B.  Before spending the appropriation in subsection A of this section, the Arizona exposition and state fair board shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 4.  Appropriation; department of transportation; deicer buildings; review

A.  The sum of $1,100,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2017-2018 to the department of transportation for the construction of two deicer buildings.

B.  Before spending the appropriation in subsection A of this section, the department of transportation shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 5.  Appropriation; department of transportation; equipment service shop; Safford; review

A.  The sum of $4,000,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2017-2018 to the department of transportation for the construction of a new equipment service shop in Safford.

B.  Before spending the appropriation in subsection A of this section, the department of transportation shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 6.  Appropriation; department of transportation; capital improvements; impound storage yard; Tempe; review

A.  The sum of $240,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2017-2018 to the department of transportation for capital improvements to the impound storage yard in Tempe.

B.  Before spending the appropriation in subsection A of this section, the department of transportation shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 7.  Appropriation; Arizona state parks board; Rockin' River Ranch state park; review

A.  The sum of $4,000,000 is appropriated from the state parks revenue fund established by section 41-511.21, Arizona Revised Statutes, in fiscal year 2017-2018 to the Arizona state parks board for the Rockin' River Ranch state park project.

B.  Before spending the appropriation in subsection A of this section, the Arizona state parks board shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 8.  Appropriation; Arizona state parks board; capital improvements; review

A.  The sum of $1,300,000 is appropriated from the state parks revenue fund established by section 41-511.21, Arizona Revised Statutes, in fiscal year 2017-2018 to the Arizona state parks board for capital improvements.

B.  Before spending the appropriation in subsection A of this section, the Arizona state parks board shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 9.  Appropriation; state department of corrections; locking systems; replacement; review

A.  The sum of $1,450,000 is appropriated from the department of corrections building renewal fund established by section 41-797, Arizona Revised Statutes, in fiscal year 2017-2018 to the state department of corrections for the replacement of locking systems at state prison facilities.

B.  Before spending the appropriation in subsection A of this section, the state department of corrections shall submit the scope, purpose and estimated cost of the capital improvements to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 10.  Supplemental appropriation; Arizona state parks board; fiscal year 2016-2017; major maintenance and repairs

In addition to any other appropriations made in fiscal year 2016‑2017, the sum of $1,500,000 is appropriated from the state parks revenue fund established by section 41-511.21, Arizona Revised Statutes, in fiscal year 2016-2017 to the Arizona state parks board for major maintenance and repairs.

Sec. 11.  Appropriations; fiscal year 2018-2019; building renewal

A.  The sum of $5,700,000 is appropriated from the state general fund in fiscal year 2018-2019 to the department of administration to be used for major maintenance and repair activities for state buildings in accordance with title 41, chapter 4, article 7, Arizona Revised Statutes.  Of this amount, up to $275,000 in personal services and employee‑related expenditures for up to five FTE positions may be allocated each fiscal year until the building renewal projects are completed.  All other monies appropriated in this section may not be spent for personal services or employee-related expenditures or for maintenance contracts on building components and equipment without review by the joint committee on capital review.

B.  Before spending the appropriation in subsection A of this section, the department of administration shall submit the scope, purpose and estimated cost of the building renewal projects to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 12.  Capital outlay appropriations; major capital projects; department of transportation; reports

                                                              2017-2018  

Department of transportation:

1.  Statewide highway construction                      $315,286,000

Fund source:

State highway fund                                $315,286,000

The amount appropriated for highway construction is from the state highway fund established by section 28-6991, Arizona Revised Statutes, for the planning and construction of state highways, including the national system of interstate highways within this state, the state primary or secondary system, the county primary or secondary system and urban rural routes, the acquisition of rights-of-way, the cost of contracted field administration and field engineering on construction projects and debt service payments on bonds issued for highway construction.  Any balances and collections in the state highway fund in excess of the specific amounts appropriated in the general appropriations act and in this act are appropriated to the department for the purposes provided in this paragraph.

The department of transportation shall report on or before November 1, 2017 to the joint committee on capital review on its actual prior year, estimated current year and upcoming budget year highway construction expenses from all fund sources, including appropriated monies, federal monies, local agency monies, state highway monies, bond proceeds and regional area road monies.  The report shall be in the same format as in the prior year unless modifications have been approved by the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting.

On or before November 1, 2017, the department of transportation shall report capital outlay information for fiscal years 2016-2017, 2017‑2018 and 2018‑2019 to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting. This information shall appear in the same format as tables two, three and six, as found in the fiscal year 2016-2017 appropriations report.

On or before November 1, 2017, the department of transportation shall report the department's estimated outstanding debt principal balance at the end of fiscal year 2018-2019 and the estimated debt service payment amount for fiscal year 2018-2019 to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting.  This report shall include state highway fund statewide construction bonds, Arizona highway user revenue fund, Maricopa association of governments and Pima association of governments controlled access bonds, Maricopa regional area road fund bonds and grant anticipation notes and is intended to be comparable to the information in the fiscal year 2016-2017 appropriations report.

2.  Airport planning and development                    $ 24,555,300

Fund source:

State aviation fund                               $ 24,555,300

The amount is appropriated from the state aviation fund established by section 28-8202, Arizona Revised Statutes, for the planning, construction, development and improvement of state, county, city or town airports as determined by the state transportation board.  Any balances and collections in the state aviation fund in excess of the specific amounts appropriated in the general appropriations act and in this act are appropriated to the department of transportation for the purposes provided in this paragraph.

Total appropriation - department of transportation            $339,841,300

Fund sources:

State highway fund                                $315,286,000

State aviation fund                               $ 24,555,300

Sec13.  Use of appropriations; limitation

Unless otherwise specified, the monies appropriated in this act may not be spent for personal services or employee-related expenditures of state employees, excluding any services provided as part of the inmate construction program for correctional facilities.

Sec. 14.  Lapsing; exemption; reversion

A.  Notwithstanding section 35-190, Arizona Revised Statutes, the appropriation made by laws 2015, chapter 9, section 4 that remains unexpended on June 30, 2018 reverts to the fund from which the monies were appropriated.

B.  Notwithstanding section 35-190, Arizona Revised Statutes, the appropriations made by Laws 2016, chapter 126, section 7, as amended by this act, that remain unexpended on June 30, 2018 revert to the fund from which the monies were appropriated.

C.  The appropriations made in section 12 of this act do not lapse until the purpose for which the respective appropriation was made has been accomplished or abandoned, or the appropriation stands for a full fiscal year without an expenditure or an encumbrance.

D.  Except as provided in subsections B and C of this section and notwithstanding section 35‑190, subsection D, Arizona Revised Statutes, the appropriations made in this act for fiscal years 2016-2017 and 2017‑2018 that are unexpended on June 30, 2019 revert to the fund from which the monies were appropriated.

Sec. 15.  JCCR review

Pursuant to section 41‑1252, Arizona Revised Statutes, the joint committee on capital review shall review the scope, purpose and estimated cost of a new capital project that has an estimated cost of more than $250,000.