HOUSE BILL NO. 5
INTRODUCED BY KASTEN
BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION AND THE OFFICE OF BUDGET AND PROGRAM PLANNING
AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2005; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; PROVIDING THAT FOR THE PURPOSE OF FOSTERING PRIVATE EFFORTS TO RESTORE, MAINTAIN, AND DEVELOP THE OLD MAIN BUILDING AT THE MONTANA VETERANS' HOME, THE DEPARTMENT OF ADMINISTRATION MAY WAIVE REQUIREMENTS PERTAINING TO BIDDING AND BONDING FOR STATE BUILDING PROJECTS IN TITLE 18, MCA, TO LABOR REQUIREMENTS IN TITLE 18, MCA, AND TO CONTRACTOR REGISTRATION IN TITLE 39, MCA; 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 12], 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 12].
(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, which 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 & #160; 0; LRBP 60;Other Funding Sources
DEPARTMENT OF ADMINISTRATION
Roof Repair and Replacement, Statewide &# 160; $956,000
Code/Deferred Maintenance & Disability Access, Statewide515,000
Repair/Replace Deteriorated Campus Infrastructure, Statewide300,000 300,000 Auxiliary Funds
Capitol Renovation Arbitration & #160; 0; &# 160; 305,000
Hazardous Material Mitigation Fund, Statewide &# 160; 220,000
State Public Health Laboratory & #160; 0; &# 160; 0; 1,474,000 Federal Special Revenue
Upgrades, Phase 2
Repair Front Stairs, State Capitol 0; &# 160; 0; &# 160; 400,000 Capitol Land Grant Revenue
& #160; 0; &# 160; < /span>130,000 Federal Special Revenue
Land Acquisition, Capitol Complex 60; & #160; 0; &# 160; 600,000 Capitol Land Grant Revenue
DEPARTMENT OF CORRECTIONS
Dairy Expansion, Montana State Prison ; 725,000 Proprietary Funds
DEPARTMENT OF FISH, WILDLIFE, AND PARKS
Hatchery Maintenance, Statewide &# 160; 0; &# 160; 0;575,000 State Special Revenue
& #160; 0; &# 160; < /span>575,000 Federal Special Revenue
Montana Wildlife Rehabilitation and Nature Center Complex 100,000 State Special Revenue
& #160; 0; &# 160; < /span>500,000 Federal Special Revenue
& #160; 0; &# 160; 0; 2,600,000 Donations
Administrative Facilities Repair and Maintenance 800,000 State Special Revenue
DEPARTMENT OF MILITARY AFFAIRS
Federal Spending Authority &# 160; 2,000,000 Federal Special
& #160; 0; &# 160; 0; &# 160; Revenue
Reroof Armories Statewide &# 160; 90,212 Federal Special Revenue
MONTANA UNIVERSITIES AND COLLEGES
Replace Primary Electrical Radial System, UM-Butte240,500 120,000 Auxiliary Funds
Replace/Update Health Sciences HVAC, UM-Missoula ; 202,000
Reconstruct Canal Bridge, MSU-Billings150,000 150,000 Federal Special 0; Revenue, Donations, Grants, 0; &# 160; 0; &# 160; State Funds, and Higher 0; &# 160; Education Funds
Schematic Design, UM-Helena College of Technology & #160; 175,000
Addition to Skaggs Building, UM-Missoula 11,500,000 Federal Special 0; Revenue, Donations, Grants, 0; &# 160; 0; &# 160; State Funds, and Higher 0; &# 160; Education Funds
Crown of the Continent Ecosystem Interpretive
Center and Natural Trail, Yellow Bay 3,700,000 Federal Special
& #160; 0; &# 160; Revenue, Donations, Grants, 0; State Funds, and Higher 0; &# 160; 0; &# 160; 0; Ed ucation Funds
Herrick Hall Renovation, MSU-Bozeman 10,000,000 Federal Special 0; Revenue, Donations, Grants, 0; &# 160; 0; &# 160; State Funds, and Higher 0; &# 160; Education Funds
Sherrick Hall Renovation, MSU-Bozeman 5,00 0,000 Federal Special
& #160; 0; &# 160; Revenue, Donations, Grants, 0; State Funds, and Higher 0; &# 160; 0; &# 160; 0; Ed ucation Funds
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Upgrade Spratt Building and Campus
Electrical, MSH-Warm Springs 0; &# 160; 0; 218,000
Demolish Old Dormitory at Montana Veterans' Home,
Columbia Falls 0; &# 160;231,600 State Special Revenue
Renovate Historic "Old Main" Building at Montana Veterans'
Home, Columbia Falls 0; &# 160; 0; &# 160; 2,252,000 State Special Revenue, Federal Special Revenue, Donations, and Grants
DEPARTMENT OF TRANSPORTATION
New Equipment Storage Facilities, Statewide &# 160; 0; &# 160; 2,725,000 State Special Revenue
(2) (a) The department of administration, for the purpose of fostering the restoration, maintenance, and further development of the old main building at the Montana veterans' home in Columbia Falls, may waive, in whole or in part, the requirements pertaining to:
(i) bidding and bonding for state building projects in Title 18;
(ii) labor requirements in Title 18; and
(iii) contractor registration in Title 39.
(b) The waiver pursuant to subsection (2)(a) may be exercised in the following circumstances:
(i) to obtain the volunteer services and donated materials from members of the public, civic organizations, and other federal, state, or local governmental entities;
(ii) to obtain the compensated services of contractors that are donating significant amounts of labor, time, and materials; and
(iii) to meet the terms and conditions for receipt of major sums of money from private or public funding sources, inclusive of individual donors.
Section 3. 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 & #160; LRBP ; Other Funding Sources
Future Fisheries 60; & #160; 0; &# 160; 0; &# 160; $910,000 State Special Revenue
Fishing Access Site Maintenance, Statewide &# 160; 0; &# 160; 275,000 State Special Revenue
Fishing Access Site Protection, Statewide 600,000 State Special Revenue
Community Fishing Ponds ; 50,000 Federal Special Revenue
Upland Game Bird Program 2,300,000 State Special Revenue
Wildlife Habitat Maintenance 800,000 State Special Revenue
Migratory Bird Stamp Program 225,000 State Special Revenue
Motorboat Recreation Site Improvements 1,250,000 State Special Revenue
The appropriation for motorboat recreation site improvements must include the following road improvement projects: $100,000 for miscellaneous chip seal projects at Thompson Falls, Logan, West Shore, and Lake Mary Ronan recreational sites; $60,000 for Cooney Reservoir state park; and $200,000 for Hell Creek state park.
Cultural and Historic Park Improvements 800,000 State Special Revenue
The appropriation for cultural and historic park improvements must include the following road improvement projects: $60,000 for Giant Springs state park; $100,000 for Travelers' Rest state park; $80,000 for Clark's Lookout state park; and $200,000 for Ulm Pishkun state park.
Land and Water Conservation Fund Grants ; 60; & #160; 2,900,000 Federal Special Revenue
Federal Trails
Grants
;
60; &
#160;
0;
1,900,000 Federal Special
Revenue
Off-Highway Vehicle Trails Grants 375,000 State Special Revenue
Federal Wallop/Breaux Projects 0; &# 160; 0; &# 160; 1,500,000 Federal Special Revenue
(2) The following money is appropriated to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities:
Agency/Project & #160; LRBP ; Other Funding Sources
General Spending Authority, All Campuses $3,500,000 Federal Special 0; Revenue, Donations, Grants, 0; &# 160; 0; State Funds, and Higher
& #160; 0; &# 160; 0; Education Funds
(3) 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 & #160; LRBP ; Other Funding Sources
General Spending Authority, All Campuses $2,500,000 Federal Special 0; Revenue, Donations, Grants, 0; &# 160; 0; &# 160; State Funds, and Higher
& #160; 0; &# 160; 0; Education Funds
(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 & #160; LRBP ; Other Funding Sources
Facility Maintenance, Repair, and Small Projects, Statewide &# 160; $1,620,860 State Special 0; Revenue
Section 4. Land acquisition appropriations. 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 & #160; LRBP ;Other Funding Sources
Fishing Access Site Acquisition, Statewide &# 160; 0; &# 160; $550,000 State Special Revenue
& #160; 0; &# 160;200,000 Federal Special Revenue
Habitat Montana 60; & #160; 0; &# 160; 0; &# 160; 6,900,000 State Special Revenue
Big Horn Sheep Enhancements ; 60; & #160; 0; &# 160; 75,000 State Special Revenue
Brush Lake Acquisition & #160; 180,000 State Special Revenue
Section 5. Dams. (1) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amount for department dams:
Agency/Project & #160; LRBP ; Other Funding Sources
FWP Dams Repair ; 60; & #160; 0; &# 160; 500, 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 6. Transfer of funds. The department of fish, wildlife, and parks and the department of transportation are authorized to transfer money appropriated in [sections 3 through 5] among fund types.
Section 7. Capital land grant revenue. (1) The appropriation of $530,000 to the department of administration to repair the front stairs of the state capitol building consists of $400,000 of state capitol land grant revenue and $130,000 of federal community transportation enhancement program special revenue (CTEP). If CTEP revenue falls below this amount, the shortfall must be funded with capitol land grant revenue, if available, and the federal authority will be reduced by a like amount. The department is authorized to transfer money appropriated for this purpose between the two fund types.
(2) The appropriation of $600,000 in capitol land grant revenue to the department of administration for capitol complex land acquisition is the last priority for use of these funds during the 2005 biennium and is dependent upon the availability of revenue. If necessary, both of these projects may be phased in as capitol land grant revenue becomes available.
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 2005 biennium long-range building program presented to the 58th 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 building energy conservation program under Title 90, chapter 4, part 6. When a review shows that a capital project will result in energy improvements, that project must be submitted to the energy conservation program for funding consideration. Funding 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 funding after the review.
Section 11. Sale of old Dillon armory. The 57th legislature appropriated $3,800,000 of federal special revenue and $1,940,000 of bonds for construction of a new Dillon armory. All proceeds derived from the sale of the national guard armory located in Dillon must be used to pay the general obligation debt service on the bonds issued for construction of the new Dillon armory. The proceeds of the sale must be deposited in the general fund for this purpose. In the event that the facility is sold prior to issuance of the bonds, the board of examiners may use all or a portion of the amount deposited in the general fund to reduce the amount of the bond issue required to finance the construction.
Section 12. Legislative consent. The appropriations authorized in [sections 1 through 11] constitute legislative consent for the capital projects contained in [sections 1 through 11] within the meaning of 18-2-102.
Section 13. 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 14. Effective date. [This act] is effective on passage and approval.
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