HB2908 - 542R

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

Building Renewal

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

A. Notwithstanding section 41-793.01, Arizona Revised Statutes, the amounts appropriated in this section are appropriated for fiscal year 2020‑2021 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 $16,000,000

Fund source:

Capital outlay stabilization fund $16,000,000

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.

On or before January 31, 2021 and July 31, 2021, 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 $ 5,464,300

Fund sources:

Department of corrections building

renewal fund $ 5,464,300

On or before January 31, 2021 and July 31, 2021, 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 $ 1,157,900

Fund source:

Game and fish fund $ 1,157,900

On or before January 31, 2021 and July 31, 2021, 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 $ 146,700

Fund source:

State lottery fund $ 146,700

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, 2021 and July 31, 2021, 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.

G. Notwithstanding section 35‑190, Arizona Revised Statutes, each appropriation made in this section that is unexpended on June 30, 2022 reverts to the fund from which the monies were appropriated.

Capital Projects

Sec. 2. Appropriation; state department of corrections; locks; HVAC; fire suppression; review; reversion

A. The sum of $30,000,000 is appropriated from the following funds in fiscal year 2020-2021 to the state department of corrections to replace locking, HVAC and fire suppression systems at the Lewis and Yuma state prison complexes:

1. $11,000,000 from the state general fund.

2. $7,000,000 from the Arizona correctional industries revolving fund established pursuant to section 41-1624, Arizona Revised Statutes.

3. $4,000,000 from the corrections fund established by section 41‑1641, Arizona Revised Statutes.

4. $2,000,000 from the inmate store proceeds fund established by section 41-1604.02, Arizona Revised Statutes.

5. $2,000,000 from the penitentiary land fund established by section 37-525, Arizona Revised Statutes.

6. $2,000,000 from the state charitable, penal and reformatory institutions land fund established by section 37-525, Arizona Revised Statutes.

7. $2,000,000 from the special services fund established by section 41-1604.03, Arizona Revised Statutes.

B. Before spending the appropriation made 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.

C. Notwithstanding section 35‑190, Arizona Revised Statutes, the appropriation made in subsection A of this section that is unexpended on June 30, 2022 reverts to the funds from which the monies were appropriated.

Department of Transportation Statewide Highway Construction

Sec. 3. Appropriation; department of transportation; statewide highway construction; reports; exemption; lapsing

A. The sum of $378,733,000 is appropriated from the state highway fund established by section 28-6991, Arizona Revised Statutes, in fiscal year 2020-2021 to the department of transportation 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.

B. On or before November 1, 2020, 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.

C. On or before November 1, 2020, the department of transportation shall report capital outlay information for fiscal years 2019-2020, 2020‑2021 and 2021‑2022 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 2019-2020 appropriations report.

D. On or before November 1, 2020, the department of transportation shall report the department's estimated outstanding debt principal balance at the end of fiscal year 2021-2022 and the estimated debt service payment amount for each of fiscal years 2021-2022, 2022-2023, 2023-2024 and 2024‑2025 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 2019-2020 appropriations report.

E. 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.

F. The appropriation made in subsection A of this section does not lapse until the purpose for which the appropriation was made has been accomplished or abandoned, or the appropriation stands for a full fiscal year without an expenditure or an encumbrance.

Department of Transportation Airport Planning and Development

Sec. 4. Appropriation; department of transportation; airport planning and development; report; exemption; lapsing

A. The sum of $30,900,000 is appropriated from the state aviation fund established by section 28-8202, Arizona Revised Statutes, in fiscal year 2020-2021 to the department of transportation 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 2020‑2021 for the purposes provided in this paragraph.

B. On or before December 31, 2020, 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.

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.

D. The appropriation made in subsection A of this section does not lapse until the purpose for which the appropriation was made has been accomplished or abandoned, or the appropriation stands for a full fiscal year without an expenditure or an encumbrance.

Sec. 5. 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. 6. Appropriations; lapsing; reversion

A. Notwithstanding section 35-190, Arizona Revised Statutes, the appropriation of $3,759,000 to the department of emergency and military affairs for construction of a readiness center made by Laws 2018, chapter 277, section 8 that remains unexpended on June 30, 2022 reverts to the fund from which the monies were appropriated.

B. Notwithstanding section 35-190, Arizona Revised Statutes, the appropriation of $3,875,000 to the department of emergency and military affairs for construction of a readiness center made by Laws 2019, chapter 264, section 6 that remains unexpended on June 30, 2023 reverts to the fund from which the monies were appropriated.

Sec. 7. 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.