SB1549 - 541R

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

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

Section 1. Capital outlay appropriations; major maintenance and repair of state buildings; reports

A. Notwithstanding section 41-793.01, Arizona Revised Statutes, the amounts appropriated in this section are appropriated for fiscal year 2016‑2017 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 amounts 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 $27,000,000

Fund source:

State general fund $ 8,000,000

Capital outlay stabilization fund $19,000,000

The department of administration shall allocate $4,200,000 of the appropriation in this subsection for the renovation of the department of health services building at 1740 West Adams. Before spending the monies allocated for this purpose, the department of administration shall submit a report on tenant relocation, including any planned consolidation of state agencies, the current commitment of new tenants and the timeline and estimated costs for relocation for review by the joint committee on capital review.

The department of administration shall allocate $120,000 of the appropriation in this subsection to repair the 1938 Works Progress Administration civic building on the state fair grounds. The department may not spend the monies allocated for this purpose unless the department receives matching monies from the city of Phoenix to repair the building and this state maintains control and ownership of the building.

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.

On or before January 31, 2017 and July 31, 2017, 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, 2017 and July 31, 2017, 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. DEPARTMENT OF JUVENILE CORRECTIONS $ 1,100,000

Fund source:

Criminal justice enhancement fund $ 1,100,000

F. ARIZONA STATE LOTTERY COMMISSION $ 118,100

Fund source:

State lottery fund $ 118,100

G. DEPARTMENT OF TRANSPORTATION $ 4,232,300

Fund sources:

State highway fund $ 4,000,000

State aviation fund $ 232,300

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 2019‑2020 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 $17,000,000

Fund source:

Capital outlay stabilization fund $17,000,000

On or before January 31, 2020 and May 30, 2020, the department of administration shall report to the joint legislative budget committee staff on the status of all capital projects and capital expenditures.

C. STATE DEPARTMENT OF CORRECTIONS $ 6,864,300

Fund source:

Department of corrections building

renewal fund $ 6,864,300

On or before January 31, 2020 and July 31, 2020, the state department of corrections shall report to the joint legislative budget committee staff on the status of all capital projects and capital expenditures. The department may not spend any of this appropriation on personal services or overhead expenses related to managing the funded projects.

D. ARIZONA GAME AND FISH DEPARTMENT $ 1,043,700

Fund source:

Game and fish fund $ 1,043,700

On or before January 31, 2020 and July 31, 2020, the Arizona game and fish department shall report to the joint legislative budget committee staff on the status of all capital projects and capital expenditures.

E. ARIZONA STATE LOTTERY COMMISSION $ 134,100

Fund source:

State lottery fund $ 134,100

F. DEPARTMENT OF TRANSPORTATION $13,281,700

Fund sources:

State highway fund $13,000,000

State aviation fund $ 281,700

On or before January 31, 2020 and July 31, 2020, the department of transportation shall report to the joint legislative budget committee staff on the status of all nonhighway construction capital projects and nonhighway construction capital expenditures.

Sec. 3. Appropriation; department of administration; capitol mall air handler units; review

A. The sum of $1,000,000 is appropriated from the legislative, executive and judicial public buildings land fund established by section 37‑525, Arizona Revised Statutes, in fiscal year 2019-2020 to the department of administration to replace air handler units at the house of representatives and senate buildings at 1700 West Washington Street.

B. Before spending the appropriation made in subsection A of this section, the department of administration 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 administration; Jesse Hayes Road bridge; exemption

A. The sum of $2,810,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of administration to distribute to the city of Globe to repair or replace the Jesse Hayes Road bridge over Pinal Creek.

B. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 5. Appropriation; department of administration; Mariposa port of entry; cold inspection facility; report; exemption

A. The sum of $700,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of administration to distribute to the Greater Nogales Santa Cruz County port authority to construct a cold inspection facility at the Mariposa port of entry.

B. The appropriation made in subsection A of this section may not be distributed until the Greater Nogales Santa Cruz County port authority has submitted to the director of the joint legislative budget committee, the director of the governor's office of strategic planning and budgeting and the director of the department of administration a report stating that the Greater Nogales Santa Cruz County port authority has raised sufficient monies to fund the remainder of the project's budget. If the Greater Nogales Santa Cruz County port authority does not submit the report before June 30, 2022, the appropriation made in subsection A of this section reverts to the state general fund on June 30, 2022.

C. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 6. Appropriation; department of emergency and military affairs; readiness center; review

A. The sum of $3,875,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of emergency and military affairs to construct a readiness center.

B. Before spending the appropriation made in subsection A of this section, the department of emergency and military affairs 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 exposition and state fair board; capital improvements; transfer; review

A. The sum of $1,300,000 is appropriated from the Arizona exposition and state fair fund established by section 3-1005, Arizona Revised Statutes, in fiscal year 2019-2020 to the Arizona exposition and state fair board for capital improvements.

B. Of the amount appropriated in subsection A of this section, the Arizona exposition and state fair board shall transfer to the capital outlay stabilization fund established by section 41-792.01, Arizona Revised Statutes, an amount sufficient to complete the repayment of building renewal monies to the department of administration.

C. Before spending the appropriation made 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. 8. Appropriation; Arizona state exposition and state fair board; capital improvements; review

A. The sum of $400,000 is appropriated from the Arizona exposition and state fair fund established by section 3-1005, Arizona Revised Statutes, in fiscal year 2019‑2020 to the Arizona exposition and state fair board for building repairs on the 1938 Works Progress Administration civic building on the state fair grounds.

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 building repairs to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 9. Appropriation; Arizona game and fish department; dam maintenance; review

A. The sum of $150,000 is appropriated from the capital improvement fund established by section 17-292, Arizona Revised Statutes, in fiscal year 2019-2020 to the Arizona game and fish department for dam maintenance.

B. Before spending the appropriation made in subsection A of this section, the Arizona game and fish department 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. Appropriation; Arizona game and fish department; property maintenance; review

A. The sum of $300,000 is appropriated from the capital improvement fund established by section 17-292, Arizona Revised Statutes, in fiscal year 2019-2020 to the Arizona game and fish department for property maintenance.

Sec. 11. Appropriation; Arizona game and fish department; hatchery maintenance; review

A. The sum of $400,000 is appropriated from the capital improvement fund established by section 17-292, Arizona Revised Statutes, in fiscal year 2019-2020 to the Arizona game and fish department for hatchery maintenance.

Sec. 12. Appropriation; Arizona state parks board; Tonto natural bridge state park; fiscal year 2019‑2020

A. The sum of $1,250,000 is appropriated from the state parks revenue fund established by section 41‑511.21, Arizona Revised Statutes, in fiscal year 2019-2020 to the Arizona state parks board to demolish the existing pedestrian bridge and to construct a new pedestrian bridge at the Tonto natural bridge state park.

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 project to the joint committee on capital review for its review pursuant to section 41-1252, Arizona Revised Statutes.

Sec. 13. Appropriation; Arizona pioneers' home; capital improvements; review

A. The sum of $414,000 is appropriated from the miners' hospital for miners with disabilities land fund established by section 37-525, Arizona Revised Statutes, in fiscal year 2019-2020 to the Arizona pioneers' home for capital improvements.

B. Before spending the appropriation made in subsection A of this section, the Arizona pioneers' home 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. 14. Appropriation; department of public safety; Loop 202 radio tower; review

A. The sum of $309,000 is appropriated from the board of fingerprinting fund established by section 41-619.56, Arizona Revised Statutes, in fiscal year 2019-2020 to the department of public safety to construct a radio communications tower near the Loop 202 freeway extension.

B. Before spending the appropriation made in subsection A of this section, the department of public safety 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. 15. Appropriation; department of public safety; remote housing replacement; review

A. The sum of $2,400,000 is appropriated from the board of fingerprinting fund established by section 41-619.56, Arizona Revised Statutes, in fiscal year 2019-2020 to the department of public safety for remote housing replacement.

B. Before spending the appropriation made in subsection A of this section, the department of public safety shall:

1. 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.

2. On or before December 31, 2019, submit to the joint committee on capital review for its review a report comparing the cost of providing housing and cost of providing a housing allowance for state troopers stationed in remote areas.

Sec. 16. Appropriation; department of transportation; maintenance buildings; Seligman; Williams; review

A. The sum of $2,300,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2019-2020 to the department of transportation to construct new maintenance buildings in Seligman and Williams.

B. Before spending the appropriation made 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. 17. Appropriation; department of transportation; maintenance facilities; Wickenburg; review

A. The sum of $4,600,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2019-2020 to the department of transportation to construct new maintenance facilities in Wickenburg.

Sec. 18. Appropriations; department of transportation; Interstate 17; exemption

A. The following amounts are appropriated from the state highway fund established by section 28‑6991, Arizona Revised Statutes, in the following fiscal years to the department of transportation to expand Interstate 17 between Anthem and Black Canyon City:

1. $40,000,000 in fiscal year 2019‑2020.

2. $45,000,000 in fiscal year 2020‑2021.

3. $45,000,000 in fiscal year 2021‑2022.

B. Notwithstanding section 41‑1252, Arizona Revised Statutes, the appropriations made in subsection A of this section are not subject to review by the joint committee on capital review.

Sec. 19. Appropriation; department of administration; bridge; State Route 24; reversion; exemption

A. The sum of $6,500,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of administration to distribute to the city of Mesa to construct a State Route 24 bridge over Ellsworth Road.

B. The appropriation made in subsection A of this section shall not be distributed until the transportation board established by section 28‑302, Arizona Revised Statutes, has adopted a five year transportation facilities construction program developed by the director of the department of transportation pursuant to section 28-6951, Arizona Revised Statutes, that includes a project to construct a State Route 24 bridge over Ellsworth Road. If the board does not adopt a program that includes a project to construct a State Route 24 bridge over Ellsworth Road on or before June 30, 2020, the appropriation made in subsection A of this section reverts to the state general fund on June 30, 2020.

C. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 20. Appropriation; department of transportation; Interstate 10; widening; study; exemption

A. The sum of $10,000,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of transportation to study the widening of Interstate 10 between Phoenix and Casa Grande.

B. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 21. Appropriation; department of transportation; state aviation fund; exemption

A. The amount of $10,000,000 is appropriated from the state general fund in fiscal year 2019‑2020 to the department of transportation for deposit in the state aviation fund established by section 28-8202, Arizona Revised Statutes, to plan, construct, develop and improve county, city and town airports as determined by the state transportation board.

B. Of the amount appropriated in subsection A of this section for deposit into the state aviation fund established by section 28-8202, Arizona Revised Statutes, the state transportation board shall distribute pursuant to section 28-8202, subsection D, Arizona Revised Statutes, at least $1,000,000 to the Ernest A. Love Field Airport in Prescott.

C. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 22. Appropriation; department of administration; traffic interchanges; Interstate 40; Kingman; reversion; exemption

A. The sum of $20,000,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of administration to distribute to the city of Kingman to construct new Interstate 40 traffic interchanges in Kingman east of State Route 66.

B. The appropriation made in subsection A of this section shall not be distributed until the city of Kingman has submitted to the director of the joint legislative budget committee, the director of the governor's office of strategic planning and budgeting and the director of the department of administration a report that the city has raised sufficient monies to fund the remainder of the project's budget. If the city of Kingman has not submitted the report on or before June 30, 2024, the appropriation made in subsection A of this section reverts to the state general fund on June 30, 2024.

C. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 23. Appropriation; department of transportation; U.S. Route 95; exemption

A. The sum of $28,000,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of transportation to expand U.S. Route 95 between Yuma and the Yuma proving ground.

B. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 24. Appropriation; department of transportation; cities and towns; street and highway projects; exemption

A. The sum of $18,000,000 is appropriated from the state general fund in fiscal year 2019-2020 to the department of transportation for distribution to each city and town in this state. The department shall distribute an equal amount to each city and town.

B. The monies distributed pursuant to this section may be used only for street and highway projects, including constructing and maintaining streets or highways.

C. Notwithstanding section 41-1252, Arizona Revised Statutes, the appropriation made in subsection A of this section is not subject to review by the joint committee on capital review.

Sec. 25. Supplemental appropriation; department of administration; fiscal year 2018-2019; capitol mall elevator replacement

In addition to any other appropriations made in fiscal year 2018‑2019, the sum of $4,100,000 is appropriated from the legislative, executive and judicial public buildings land fund established by section 37‑525, Arizona Revised Statutes, in fiscal year 2018-2019 to the department of administration to replace elevators at the house of representatives, senate and executive tower buildings at 1700 West Washington Street.

Sec. 26. Capital outlay appropriations; major capital projects; department of transportation; reports

2019-2020

Department of transportation:

1. Statewide highway construction $393,432,000

Fund source:

State highway fund $393,432,000

The amount appropriated for highway construction is from the state highway fund established by section 28-6991, Arizona Revised Statutes, to plan and construct 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, to acquire rights-of-way and to provide for 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 that exceed 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.

On or before November 1, 2019, the department of transportation shall report to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting 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, 2019, the department of transportation shall report capital outlay information for fiscal years 2018-2019, 2019‑2020 and 2020‑2021 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 2018-2019 appropriations report.

On or before November 1, 2019, the department of transportation shall report the department's estimated outstanding debt principal balance at the end of fiscal year 2020-2021 and the estimated debt service payment amount for each of fiscal years 2020-2021, 2021-2022, 2022-2023 and 2023‑2024 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 bonds, 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 2018-2019 appropriations report.

2. Airport planning and development $ 33,120,000

Fund source:

State aviation fund $ 33,120,000

The amount is appropriated from the state aviation fund established by section 28-8202, Arizona Revised Statutes, to plan, construct, develop and improve state, county, city or town airports as determined by the state transportation board. Any balances and collections in the state aviation fund that exceed the specific amounts appropriated in the general appropriations act and in this act are appropriated to the department of transportation in fiscal year 2019‑2020 for the purposes provided in this paragraph.

On or before December 31, 2019, the department of transportation shall report to the joint legislative budget committee staff on the status of all aviation grant awards and aviation grant distributions. The report shall delineate projects by individual airport and fiscal year, including any future year commitments.

Total appropriation - department of transportation $426,552,000

Fund sources:

State highway fund $393,432,000

State aviation fund $ 33,120,000

Sec. 27. Arizona state parks board; capital projects; reports

On or before January 31, 2020 and July 31, 2020, the Arizona state parks board shall report to the joint legislative budget committee staff on the status of all capital projects and capital expenditures.

Sec. 28. 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. 29. Lapsing; exemption; reversion

A. Notwithstanding section 35-190, Arizona Revised Statutes, the appropriation of $4,000,000 to the Arizona state parks board for the Rockin' River Ranch state park project made by Laws 2017, chapter 306, section 7 that remains unexpended on June 30, 2020 reverts to the fund from which the monies were appropriated.

B. Notwithstanding section 35-190, Arizona Revised Statutes, the appropriation of $1,300,000 to the Arizona state parks board for capital improvements made by Laws 2017, chapter 306, section 8 that remains unexpended on June 30, 2020 reverts to the fund from which the monies were appropriated.

C. Notwithstanding section 35‑190, Arizona Revised Statutes, the appropriation of $10,000,000 to the department of administration to renovate state‑owned buildings made by Laws 2018, chapter 277, section 7 that remains unexpended on June 30, 2021 reverts to the fund from which the monies were appropriated.

D. The appropriations made in sections 4, 18, 19, 20, 21, 22, 23, 24 and 26 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.

E. Except as provided in subsection D of this section and notwithstanding section 35‑190, subsection D, Arizona Revised Statutes, the appropriations made in this act for fiscal years 2018-2019 and 2019‑2020 that are unexpended on June 30, 2021 revert to the fund from which the monies were appropriated.

Sec. 30. 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.