HOUSE BILL NO. 5
INTRODUCED BY T. CALLAHAN
BY REQUEST OF THE OFFICE OF BUDGET AND PROGRAM PLANNING
A BILL FOR AN ACT ENTITLED: "AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2009; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS TO THE LONG-RANGE BUILDING PROGRAM ACCOUNT; PROVIDING FOR A TRANSFER OF FUNDS TO THE FISH, WILDLIFE, AND PARKS CAPITAL PROJECTS ACCOUNT; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. For the purposes of [sections 1 through 14], unless otherwise stated, the following definitions apply:
(1) "Authority only" means approval provided by the legislature to expend money that does not require an appropriation, including grants, donations, auxiliary funds, proprietary funds, and university funds.
(2) "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 14].
(3) "LRBP" means the long-range building program account in the capital projects fund type.
(4) "Other funding sources" means money other than LRBP money, including special revenue fund money, that accrues to an agency under the provisions of law.
NEW SECTION. Section 2. Capital project appropriations and authorizations. The following money is appropriated for the indicated capital projects from the indicated sources to the department of administration. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of administration is authorized to transfer the appropriations and authority among the necessary fund types for these projects:
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
MONTANA SCHOOL FOR THE DEAF AND BLIND
Replace Boiler 600,000 600,000
DEPARTMENT OF ADMINISTRATION
Roof Repairs and Replacements, Statewide 3,000,000 392,160 68,040 160; 3,460,200
Code/Deferred Maintenance Projects, Statewide 2,500,000 160; 2,500,000
Hazardous Materials Abatement, Statewide 500,000 500,000
Code/Deferred Maintenance Projects, Capitol Complex & #160; 550,000 550,000
Authority only funds consist of general services division internal service funds.
Upgrade Fire Protection Systems, Statewide 500,000 500,000
Fire Protection Measures, Capitol Complex 500,000 500,000
Authority only funds consist of general services division internal service funds.
Upgrade State Environmental Laboratory, Helena 1,000,000 1,000,000 160; 2,000,000
Repair/Preserve Building Envelopes, Statewide 1,500,000 160; 1,500,000
Campus Infrastructure Projects, Statewide 1,000,000 0; 1,000,000
Mechanical System Improvements, Capitol Complex & #160; 1,900,000 1,900,000
Authority only funds consist of general services division internal service funds.
Deferred Maintenance, Phase 2, MT Law Enforcement Academy 500,000 60; 500,000
Enterprise System Services Centers 20,150,000 4,000,000& #160; 24,150,000
Other funds consist of capitol land grant funds.
Campus Master Planning, Statewide 400,000 250,000 650,000
Authority only funds consist of general services division internal service funds.
Challenge Grant for Super Computer, UM-MT
Tech 2,800,000 7,000,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
DEPARTMENT OF CORRECTIONS
Housing Unit Upgrades, MT State Prison 1,200,000 & #160; 1,200,000
Expand Work Dorm, MT State Prison 2,500,000 & #160; 2,500,000
Expand Food Service Capacity, MT State Prison 1,637,000 293,000 1,930,000
Authority only funds consist of proprietary funds.
DEPARTMENT OF FISH, WILDLIFE, AND PARKS
Hatchery Maintenance 500,000 0; 500,000
Administrative Facilities Repair & Maintenance 800,000 60; 800,000
DEPARTMENT OF MILITARY AFFAIRS
Readiness Center, Miles City 2,480,000 7,510,970 9,990,970
Armed Forces Reserve Center, Missoula 30,903,968 60; 30,903,968
Construct Female Showers and Latrines 290,000 290,000 580,000
Montana State Veterans' Cemetery Expansion 1,206,000 160; 1,206,000
Disaster & Emergency Services Mobile Command Post 172,500 160; 172,500
MONTANA UNIVERSITIES AND COLLEGES
Code Compliance/Deferred Maintenance, MT University System 4,000,000 60; 4,000,000
Systems Improvements, MT-Tech College of Technology 925,000 925,000
Steam Distribution System Upgrades, Phase 2, UM-Missoula 2,000,000 1,000,000 3,000,000
Authority only funds consist of auxiliary funds.
Renovate Clapp Building, UM-Missoula 821,000 160; 821,000
Renovate Armory Gym, MSU-Northern 400,000 & #160; 3,250,000 3,650,000
Authority only funds consist of auxiliary funds.
Renovate Main Hall, UM-Western 4,500,000 & #160; 4,500,000
Renovate McMullen Hall, MSU-Billings 1,924,500 & #160; 1,924,500
Stabilize Masonry, MSU-Bozeman 2,600,000 ; 2,600,000
Deferred Maintenance & Acquisition, MSU-AES, Statewide 400,000 500,000 160; 900,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
Classroom/Laboratory Upgrades, MT University System 2,000,000 0; 2,000,000
Utility Infrastructure Improvements, MSU-Bozeman 500,000 50,000 550,000
Authority only funds consist of auxiliary funds.
Supplement UM-Helena College of Technology Expansion 1,350,000 135,000 1,485,000
Authority only funds consist of auxiliary funds.
Renovate Gaines Hall, MSU-Bozeman 28,500,000 0; 28,500,000
Law School Addition, UM-Missoula 3,450,000 & #160; 5,050,000 8,500,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
Augment Petroleum, Bureau of Mines and Geology, UM-MT Tech 3,200,000 ; 3,200,000
Increase Authority, Museum of the Rockies, MSU-Bozeman 3,500,000 3,500,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
School of Education Building, UM-Missoula 60; 7,500,000 7,500,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
HHP Physiological and Nutritional Lab, UM-Missoula 4,500,000 4,500,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
New Parking Structure, UM-Missoula ; 5,000,000 5,000,000
Authority only funds may include federal special revenue, auxiliary, donations, grants, and higher education funds.
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Install Generator, MT Mental Health Nursing Care Center 250,000 & #160; 250,000
STEP Program Renovations, MT State Hospital, Warm Springs 5,800,000 60; 5,800,000
Renovate/Improve Support Services, MT State Hospital 4,500,000 0; 4,500,000
Modernize MT Mental Health Nursing Care Center, Lewistown 500,000 500,000
Montana Veterans' Home Improvements 1,413,000 1,413,000
Improve Campus, MT State Hospital, Warm Springs 1,280,000 0; 1,280,000
DEPARTMENT OF TRANSPORTATION
Equipment Storage Buildings, Statewide 2,700,000 0; 2,700,000
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Code/Deferred Maintenance and Small Projects, 750,000 ; 750,000
DNRC Unit Campuses, Statewide
Co-locate DNRC/DEQ, Kalispell 3,500,000 ; 3,500,000
Consolidate DNRC Divisions, Missoula 2,000,000 0; 2,000,000
Building Addition, Billings Oil and Gas Office 750,000 60; 750,000
DEPARTMENT OF JUSTICE
Purchase Forensic Science Lab Building 7,750,000 7,750,000
NEW SECTION. Section 3. Fund transfers. (1) Subject to subsection (3), there is transferred from the state general fund $50.375 million in fiscal year 2008 and $50.375 million in fiscal year 2009 to the long-range building program account in the capital projects fund type for the projects enumerated in [section 2].
(2) Subject to subsection (3), there is transferred from the state general fund $7.5 million in fiscal year 2008 and $7.5 million in fiscal year 2009 to the fish, wildlife, and parks capital projects account in the capital projects fund type for the projects enumerated in [section 5].
(3) In order to maintain an adequate ending fund balance, if at any time during the 2009 biennium, the office of budget and program planning projects a 2009 biennium unreserved ending general fund balance of less than $100 million, the office of budget and program planning may direct the department of administration to reduce the fund transfers in subsections (1) and (2). The department of administration shall transfer the funds on a schedule approved by the office of budget and program planning that enables the statewide management goals for cash flow and for fund balance. If the projected unreserved general fund ending fund balance increases at a later point in the biennium, the fund transfers may be increased back up to the original authorized level. The office of budget and program planning may not direct fund transfers to be reduced below the level of encumbrance obligations made against the appropriation at the time of the reduction.
NEW SECTION. Section 4. 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. Funds not requiring legislative appropriation are included for the purpose of authorization:
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
Future Fisheries 1,314,000 1,314,000
Fishing Access Site Acquisition 460,000 100,000 60; 560,000
Fishing Access Site Maintenance 350,000 60; 350,000
Fishing Access Site Protection 800,000 800,000
Community Fishing Ponds 50,000 0; 50,000
Upland Game Bird Program 1,258,000 1,258,000
Wildlife Habitat Maintenance 1,200,000 160; 1,200,000
Migratory Bird Stamp Program 360,000 160; 360,000
Bighorn Sheep 250,000 250,000
Parks Program 500,000 4,950,000 2,300,000 & #160; 7,750,000
Grant Programs/Federal Projects 320,000 2,800,000 0; 3,120,000
(2) The following money is appropriated to the department of commerce in the indicated amounts for the purpose of making capital improvements to facilities located in Virginia City and Nevada City:
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
Maintain Historic Buildings, Virginia & Nevada Cities 3,000,000 3,000,000
(3) Authority is being granted to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities. Authority only funds may include federal special revenue, donations, grants, and higher education funds. All costs for the operations and maintenance of any new improvements constructed under this authorization must be paid by the university of Montana with nonstate revenue.
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
General Spending Authority, UM-All Campuses 4,000,000 4,000,000
(4) Authority is being granted to Montana state university in the indicated amount for the purpose of making capital improvements to campus facilities. Authority only funds may include federal special revenue, donations, grants, and higher education funds. All costs for the operations and maintenance of any new improvements constructed under this authorization must be paid by Montana state university with nonstate revenue.
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
General Spending Authority, MSU-All Campuses 5,000,000 5,000,000
(5) 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. All costs for the operation and maintenance of any new improvements constructed with these funds must be paid by the department of military affairs with nonstate revenue.
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
Federal Spending Authority 2,000,000 2,000,000
(6) The following money is appropriated to the department of transportation in the indicated amount for the purpose of making capital improvements as indicated:
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
Statewide Maintenance Repair & Small Projects 2,300,000 0; 2,300,000
US Highway 93 Projects 26,000,000 26,000,000
NEW SECTION. Section 5. 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 LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
Habitat Montana 6,180,000 6,180,000
Access Montana 0; 15,000,000 15,000,000
Other funds consist of fish, wildlife, and parks capital projects funds.
NEW SECTION. Section 6. Dams. (1) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amount for department dams:
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
FWP Dams Repair 100,000 60; 100,000
(2) In accordance with 85-1-101, the department of natural resources and conservation shall coordinate and manage the projects.
NEW SECTION. Section 7. Bridge. The following money is appropriated to the department of natural resources and conservation in the indicated amount for department bridge projects:
Agency/Project LRBP St ate Federal Other Authority Total
Fund Special 160; Special Funding Only
Re venue Revenue Sources
Bridge Replacement/Repair 750,000 0; 750,000
NEW SECTION. Section 8. Transfer of funds. The department of fish, wildlife, and parks and the department of transportation are authorized to transfer the appropriations and/or authority in [sections 4 through 6] among the necessary fund types for these projects.
NEW SECTION. Section 9. Capitol land grant revenue. The appropriation of $4 million in capitol land grant revenue to the department of administration for the enterprise system services centers is the last priority for use of these funds during the 2009 biennium and is dependent upon the availability of revenue. If necessary, the department of administration, architecture and engineering division, shall reduce the project in scope or phase in the project as capitol land grant revenue becomes available.
NEW SECTION. Section 10. 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.
NEW SECTION. Section 11. 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 project 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 7] 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 2009 biennium long-range building program presented to the 60th legislature.
NEW SECTION. Section 12. Review by department of environmental quality. The department of environmental quality shall review capital projects authorized in [sections 2 through 7] 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.
NEW SECTION. Section 13. Sale of Missoula armory. All proceeds derived from the sale of the national guard armory located in Missoula must be deposited in the general fund. Up to $3.5 million of those proceeds is appropriated for the purchase of land for the new Missoula armed forces reserve center.
NEW SECTION. Section 14. Legislative consent. The appropriations authorized in [sections 1 through 13] constitute legislative consent for the capital projects contained in [sections 1 through 13] within the meaning of 18-2-102.
NEW SECTION. Section 15. 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.
NEW SECTION. Section 16. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 5 (HB0005.01)
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