HOUSE BILL NO. 5
INTRODUCED BY M. MCCANN
AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2003; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; AMENDING SECTION 4, CHAPTER 469, LAWS OF 1997, AND SECTION 2, CHAPTER 557, LAWS OF 1999; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. For the purposes of [sections 1 through 11], unless otherwise stated, the following definitions apply:
(1) "Capital project" means the acquisition of land or improvements or the planning, capital construction, renovation, furnishing, or major repair projects authorized in [sections 1 through 11].
(2) "LRBP" means the long-range building program account in the capital projects fund type.
(3) "Other funding sources" means money other than LRBP money, including special revenue fund money, that accrues to an agency under the provisions of law.
Section 2. Capital projects appropriations. (1) The following money is appropriated for the indicated capital projects from the indicated sources to the department of administration, which is authorized to transfer the appropriated money among the necessary fund types for these projects:
Agency/Project LRBP Other Funding Sources
DEPARTMENT OF ADMINISTRATION
Life Safety Projects, Statewide $400,000 $
Hazardous Material Mitigation Fund 350,000
Roof Replacements or Repairs, Statewide 499,000
Project Litigation Fund 475,000
Capitol Complex Land Acquisition 400,000 Capitol Land Grant Revenue
DEPARTMENT OF CORRECTIONS
Construction of Central Reception Unit 1,000,000 Federal Special Revenue
DEPARTMENT OF FISH, WILDLIFE, AND PARKS
Administrative Facility Repair and Maintenance 764,000 State Special Revenue
DEPARTMENT OF JUSTICE
Upgrade Foundations and Boiler, MLEA 200,000
DEPARTMENT OF MILITARY AFFAIRS
Construct New Dillon Armory 3,800,000 Federal Special Revenue
Construct New Kalispell Armory 3,700,000 Federal Special Revenue
MONTANA UNIVERSITIES AND COLLEGES
Replace Primary Power Distribution 162,750 59,375 Auxiliary
System, UM-Dillon
Roof Replacements or Repairs, 426,000
University System
Heating Plant Steam Distribution, 438,750 236,250 Auxiliary
Phase II, UM-Tech
Chemistry Building Addition, UM-Missoula 3,200,000 Federal, Donations, Grants,
Nonstate Funds, Plant Funds
All operating and maintenance expenses of the chemistry building addition are to be paid by the university of Montana-Missoula. Appropriation authority in excess of funds pledged for this project as of June 30, 2003, must be reverted.
Master Plan Campuses, University System 100,000 150,000 Higher Education Funds,
Federal, Donations, Grants,
Plant Funds
This project will focus on maximizing use of existing buildings on the campuses.
Animal and Range Science Facility, 5,000,000 Higher Education Funds,
MSU-Bozeman Federal, Donations, Grants,
Nonstate Funds, Plant Funds
Gaines Hall Renovation/Addition Project Design,
MSU-Bozeman 2,000,000 Federal, Donations, Grants,
Nonstate Funds, Plant Funds
Agricultural Experiment Station, MSU-Bozeman 1,000,000 Federal, Donations, Grants,
Nonstate Funds, Plant Funds
Develop Classroom/Lab Design,
MSU-COT, Billings 50,000
Multi Media Center, Yellow Bay, 1,350,000 Federal, Donations, Grants,
UM-Missoula Nonstate Funds, Plant Funds
All construction, operation, and maintenance expenses of the Yellow Bay multi media center are to be paid by the center.
Law Building Renovation/Expansion, 5,000,000 Federal, Donations, Grants,
UM-Missoula Nonstate Funds, Plant Funds
All operating and maintenance expenses of the law building addition are to be paid by the university of Montana-Missoula.
School of Journalism Building, 12,000,000 Federal, Donations, Grants,
UM-Missoula Nonstate Funds, Plant Funds
Appropriation authority in excess of funds pledged for this project as of June 30, 2005, must be reverted. All operating and maintenance expenses of the school of journalism building are to be paid by the university of Montana-Missoula.
Construct Applied Technology Center, 3,000,000 Federal, Donations, Grants, MSU-Northern Nonstate Funds, Plant Funds
Install PBS Digital Conversion, MSU-Bozeman 3,059,455 Federal, Donations, Grants,
Nonstate Funds, Plant Funds
The university system and the information services division of the department of administration will work together to develop network plans or procedures that provide for the highest degree of bandwidth and cost-sharing capability between the university system and the department that is within technical specifications agreed to by the parties and is mutually beneficial to them. This obligation to cooperate and coordinate for the purpose of seeking mutually beneficial network arrangements applies to the intercity transport services acquired by the university system or the department of administration to meet the needs of the public broadcast system, including the utilization and sharing of excess capacity bandwidth to help meet the telecommunication needs of all state agencies in a manner that is both cost-effective and compatible with the efficient operation of the public broadcast system.
Develop Design to Expand COT,
UM-COT, Helena 125,000
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Expand Unit Office, Libby 94,000
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Licensure Compliance, MMHNCC 524,000
Montana Veterans' Home Improvements, 165,875 State Special Revenue
Columbia Falls
Eastern Montana Veterans' Home 177,800 State Special Revenue
Improvements, Glendive
The legislature consents to the construction of the good shepherd chapel at the Montana developmental center in Boulder with donated funds. The construction of the chapel is exempt from provisions of Title 18.
STATE BOARD OF EDUCATION
Facility Improvements, Montana 315,160
School for the Deaf and Blind
DEPARTMENT OF TRANSPORTATION
Construct Equipment Storage Buildings, 2,700,000 Highways State
Statewide Special Revenue
(2) The Montana state university agricultural experiment station shall use these funds to construct and repair various experiment station buildings at the following locations: $1,250,000 for Huntley, $180,000 for Moccasin, $200,000 for Havre, $210,000 for Sidney, and $160,000 for Kalispell. The amount of $1 million for these projects will be funded from non-LRBP sources, and the amount of $1 million will be funded from CPF in House Bill No. 14.
(3) For purposes of obtaining cash for the construction litigation appropriation authority in subsection (1), the architecture and engineering division of the department of administration may transfer any excess LRBP money from an agency as long as the transfer does not move funds required to complete any authorized agency project.
(4) The following projects are appropriated from the LRBP funding to the department of administration, in addition to the projects listed in subsection (1), by the decrease in bond debt service paid from the LRBP in House Bill No. 14:
Agency/Project LRBP Other Funding Sources
DEPARTMENT OF ADMINISTRATION
Life Safety Projects, Statewide $300,000
Hazardous Material Mitigation, Statewide 90,000
Roof Replacements or Repairs, Statewide 150,000
MONTANA UNIVERSITIES AND COLLEGES
Code Compliance/Deferred
Maintenance, All Campuses 550,000
Develop Design to Expand COT,
UM-COT, Helena 240,000
Section 3. Land acquisition appropriations. (1) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for purposes of land acquisition, land leasing, easement purchase, or development agreement:
Agency/Project LRBP Other Funding Sources
Fishing Access Site Acquisition, Statewide $600,000 State Special Revenue
Habitat Montana 4,800,000 State Special Revenue
Big Horn Sheep Program 25,000 State Special Revenue
(2) When negotiating the purchase of any conservation easement, except a conservation easement that is cost-shared using a funding source that requires a perpetual conservation easement, the department of fish, wildlife, and parks is to include in the negotiation an alternative for a temporary conservation easement. Selection of cost and time for this alternative must be mutually agreed to by the parties to the easement.
Section 4. Dam. (1) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amount for the following dam:
Agency/Project LRBP Other Funding Sources
Park/Bearpaw Lakes Dam Repair $210,000 State Special Revenue
(2) In accordance with 85-1-101, the department of natural resources and conservation shall coordinate and manage the projects.
Section 5. Capital improvements. (1) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for the purpose of making capital improvements to statewide facilities:
Agency/Project LRBP Other Funding Sources
Fishing Access Site Maintenance, Statewide $275,000 State Special Revenue
Fishing Access Site Protection, Statewide 600,000 State Special Revenue
100,000 Federal Special Revenue
Hatchery Maintenance, Statewide 575,000 State Special Revenue
Future Fisheries 2,010,000 State Special Revenue
Valier Boat Ramp 150,000 Federal Special Revenue
Wildlife Habitat Maintenance 750,000 State Special Revenue
Waterfowl Stamp Program 342,950 State Special Revenue
If Senate Bill No. 238 is not passed and approved, the amount listed in state special revenue for this item is reduced by $112,950.
Upland Game Bird Program 1,200,000 State Special Revenue
Cultural and Historic Parks 1,060,000 State Special Revenue
150,000 Federal Special Revenue
Motorboat Recreation 1,039,650 State Special Revenue
If House Bill No. 132 is not passed and approved, the amount listed in state special revenue for this item is reduced by $285,000.
505,000 Federal Special Revenue
Federal WB 745,000 Federal Special Revenue
State Park Roads 400,000 State Special Revenue
Capitol Complex Grounds Improvements 150,000 Capitol Land Grant Revenue
Federal Trails Grants 1,900,000 Federal Special Revenue
OHV Trails Grants 425,000 State Special Revenue
LWCF Grants 2,250,000 Federal Special Revenue
(2) The following money is appropriated to the department of military affairs in the indicated amount for the purpose of making capital improvements to statewide facilities:
Agency/Project LRBP Other Funding Sources
Federal Spending Authority $1,500,000 Federal Special Revenue
(3) The following money is appropriated to the university of Montana in the indicated amounts for the purpose of making capital improvements to campus facilities:
Agency/Project LRBP Other Funding Sources
Grant Projects, All Campuses $1,500,000 Federal, Donations, Grants
ADA Code/Deferred Maintenance, 1,000,000 Federal, Donations, Grants
All Campuses
(4) The following money is appropriated to the department of transportation in the indicated amount for the purpose of making capital improvements to statewide facilities:
Agency/Project LRBP Other Funding Sources
Maintenance, Repair, and Small $2,300,000 Highways State
Projects, Statewide Special Revenue
Section 6. Transfer of funds. The department of fish, wildlife, and parks and the department of military affairs are authorized to transfer money appropriated in [sections 3 through 5] among fund types.
Section 7. Capital land grant revenue. The appropriations of $400,000 in capitol land grant revenue to the department of administration for capitol complex land acquisition and $150,000 to the department of fish, wildlife, and parks for capitol complex grounds improvements are the last priorities for use of these funds during the 2003 biennium and are dependent upon the availability of revenue. If necessary, the projects may be phased in as capitol land grant revenue becomes available. The department of administration architecture and engineering division will set priorities for revenue available for the two projects.
Section 8. Planning and design. The department of administration may proceed with the planning and design of capital projects prior to the receipt of other funding sources. The department may use interaccount loans in accordance with 17-2-107 to pay planning and design costs incurred before the receipt of other funding sources.
Section 9. Capital projects -- contingent funds. If a capital project is financed, in whole or in part, with appropriations contingent upon the receipt of other funding sources, the department of administration may not let the projects for bid until the agency has submitted a financial plan for approval by the director of the department of administration. A financial plan may not be approved by the director if:
(1) the level of funding provided under the financial plan deviates substantially from the funding level provided in [sections 2 through 5] for that project; or
(2) the scope of the project is substantially altered or revised from the preliminary plans presented for that project in the 2003 biennium long-range building program presented to the 57th legislature.
Section 10. Review by department of environmental quality. The department of environmental quality shall review capital projects authorized in [sections 2 through 5] for potential inclusion in the state energy conservation program. When review shows that a capital project will result in energy improvements, that project must be submitted to the energy conservation program for cofunding consideration. Cofunding provided under the energy conservation program guidelines must be used to offset or add to the authorized funding for the project, and the amount will be dependent on the annual utility savings resulting from the facility improvement. Agencies must be notified of potential cofunding after the review.
Section 11. Legislative consent. The appropriations authorized in [sections 1 through 10] constitute legislative consent for the capital projects contained in [sections 1 through 10] within the meaning of 18-2-102.
Section 12. Section 4(3), Chapter 469, Laws of 1997, is amended to read:
"Section 4. Capital improvements.
(3) (a) The following money is appropriated to Montana state university in the indicated amount for the purpose of
making capital improvements to campus facilities:
Agency/Project LRBP Other Funding Sources
Authority Only Projects, Academic Building Fees,
Montana State University $19,000,000 $4,500,000 Indirect Cost Recovery,
Federal, Private, Plant Funds
(b) It is the intent of the 55th legislature that 100% of all future operations and maintenance costs for the
classroom-laboratory building authorized in the amount of $19,000,000 at MSU-Bozeman be funded by Montana state
university and that none be funded with general fund money."
Section 13. Section 2(1), Chapter 557, Laws of 1999, is amended to read:
"Section 2. Capital projects appropriations. (1) Except as provided in subsection (4)(c), the following money is appropriated for the indicated capital projects from the indicated sources to the department of administration, which is authorized to transfer the appropriated money among the necessary fund types for these projects:
Agency/Project LRBP Other Funding Sources
DEPARTMENT OF ADMINISTRATION
Health and Safety Projects, Statewide $730,000 $250,000 Auxiliary
Hazardous Material Remediation, Statewide 300,000
Roof Replacements or Repairs, Statewide 521,000
Facility Assessments, Statewide 100,000 50,000 State Special Revenue
100,000 Federal Special Revenue
50,000 Auxiliary
Capital Renovation 1,000,000 Capitol Land Grant Revenue
Renovate Haynes Gallery Area,
Historical Society 1,000,000 Donations
DEPARTMENT OF CORRECTIONS
Expand Women's Prison, MWP 6,475,000 Federal Special Revenue
Missoula Regional Correctional Facility
Supplemental 526,497 Federal Special Revenue
Construct Reception Unit, MSP 5,500,000 Federal Special Revenue
170,000 General Fund
DEPARTMENT OF FISH, WILDLIFE, AND PARKS
Bluewater Hatchery Renovations 200,000 State Special Revenue
Construct Fort Peck Fish Hatchery 14,640,000 Federal Special Revenue
DEPARTMENT OF MILITARY AFFAIRS
Construct New Armory, Kalispell 3,900,000 Federal Special Revenue
Construct New Armory, Bozeman 4,600,000 Federal Special Revenue
MONTANA UNIVERSITY SYSTEM
Sprinkle Library, UM-Missoula 657,000
Ventilate and Update Fine
Arts Building, UM-Missoula 450,000
Boiler Upgrade and Ventilation, UM-Tech 530,000 120,000 Auxiliary
Maintain HVAC Systems, MSU-Billings
and COT-Billings 500,000
Replace Steam Distribution Piping, UM-Dillon 800,000 400,000 Auxiliary
Upgrade Boiler Controls, UM-Missoula 125,000 100,000 Auxiliary
Roof Replacements or Repairs,
University System 1,591,000
Maintain Main Hall Exterior, UM-Dillon 225,000
Renovate Cowan Hall, MSU-Northern 511,000
Applied Technology Center Feasibility Study,
MSU-Northern 50,000
Construct Nondenominational
Chapel, UM-Tech 1,500,000 Donations
Forestry/Journalism Addition Forestry, UM-Missoula 10,000,000 Federal, Donations, Grants,
Plant Funds
Native American Study Center, UM-Missoula 3,500,000 Higher Education Funds,
Federal, Donations, Grants,
Plant Funds
Life Sciences Building, UM-Missoula 23,000,000 Federal, State, Donations,
Grants, Plant Funds
Rural Technology Education Center, UM-Dillon 350,000 Higher Education Funds, Federal, Donations, Grants, Plant Funds
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Lincoln Unit Office/Quarters and
Clearwater Egress 125,000
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Sprinkle MMHNCC, Lewistown 300,000
Construct Special Care Unit,
Montana Veterans' Home 1,179,374 State Special Revenue
Improve Eastern Montana Veterans' Home 290,250 State Special Revenue
Improve Montana Veterans' Home 187,530 State Special Revenue
DEPARTMENT OF TRANSPORTATION
Construct Equipment Storage Buildings
and Roof Replacement at Helena
Headquarters, Statewide 2,100,000 Highways State
Special Revenue
Construct Core Drilling Building, Helena 1,000,000 Highways State
Special Revenue"
Section 14. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 15. Coordination instruction. If House Bill No. 14 is not passed and approved, projects that are funded by a combination of funding sources in both House Bill No. 5 and House Bill No. 14 will not be authorized by the governor's office of budget and program planning unless an alternative funding source is identified to provide full funding for the project.
Section 16. Effective date. [This act] is effective on passage and approval.
- END -
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