2015 Montana Legislature

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HOUSE BILL NO. 5

INTRODUCED BY J. WELBORN

 

A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE BUILD MONTANA ACT; AUTHORIZING THE CREATION OF STATE DEBT THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS AND COAL SEVERANCE TAX BONDS; APPROPRIATING THE PROCEEDS OF THE BONDS FOR STATE AND LOCAL PROJECTS AND IMPROVEMENTS; APPROPRIATING MONEY FOR AND AUTHORIZING CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2017; APPROPRIATING MONEY TO THE DEPARTMENTS OF COMMERCE AND NATURAL RESOURCES AND CONSERVATION FOR GRANTS AND LOANS TO STATE AND LOCAL ENTITIES AND REGIONAL WATER AUTHORITIES FOR PROJECTS AND IMPROVEMENTS; APPROPRIATING COAL SEVERANCE TAXES FOR DEBT SERVICE; PRIORITIZING PROJECT GRANTS AND AMOUNTS; AUTHORIZING PROJECT GRANTS AND LOANS AND AMOUNTS; REAUTHORIZING PROJECT GRANTS AND LOANS AUTHORIZED BY THE 63RD LEGISLATURE; ESTABLISHING CONDITIONS FOR GRANTS AND LOANS; EXPANDING RULEMAKING AUTHORITY; CREATING THE LOCAL GOVERNMENT PROJECTS AND IMPROVEMENTS BOND PROCEEDS ACCOUNT; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; AMENDING SECTIONS 90-6-701 AND 90-6-710, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND TERMINATION DATES."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Definitions. For the purposes of [sections 1 through 7], 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) "Bonds" means general obligation bond revenue provided for in [section 28(3)] that is deposited in the capital projects account provided for in 17-5-804.

     (3) "Capital project" means the acquisition of land or improvements or the planning, capital construction, environmental cleanup, renovation, furnishing, or major repair projects authorized in [sections 1 through 7].

     (4) "LRBP" means the long-range building program account in the capital projects fund type provided for in 17-7-205.

     (5) "SBECP funds" means funds from the state building energy conservation program account in the capital projects fund type.

 

     NEW SECTION.  Section 2.  Capital projects appropriations and authorizations. The following money is appropriated to the department of administration for the indicated capital projects from the indicated sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of administration is authorized to transfer the appropriations, authority, or both among the necessary fund types for these projects:

DEPARTMENT OF ADMINISTRATION                                   

Capitol Complex Fire Protection Measures                    

300,000 (State Special Revenue)      300,000 (Total)

     State special revenue funds consist of general services division internal service funds.

Elevator Modifications for Complex Buildings                    

700,000 (State Special Revenue)      700,000 (Total)

     State special revenue funds consist of general services division internal service funds.

Flooring Replacement, Capitol Complex

500,000 (State Special Revenue)      500,000 (Total)

     State special revenue funds consist of general services division internal service funds.

State Capitol Complex Infrastructure Repairs                    

2,000,000 (State Special Revenue)     2,000,000 (Total)

     State special revenue funds consist of general services division internal service funds.

New Montana Heritage Center          

39,500,000 (Bonds)     39,500,000 (Total)

Deferred Maintenance and Repairs, Old Governor's Mansion

200,000 (LRBP)     200,000 (Total)

Remodel 1100 North Last Chance Gulch               

500,000 (State Special Revenue)

2,500,000 (Bonds)     3,000,000 (Total)

     State special revenue funds consist of general services division internal service funds.

Statewide Life Safety & Deferred Maintenance     

2,300,000 (State Special Revenue)                    

500,000 (Bonds)     2,800,000 (Total)

Life Safety, Deferred Maintenance, and Energy Improvements (MSP, MWP, YSD)               2,000,000 (Bonds)     2,000,000 (Total)

Statewide Roof Repairs and Replacement               

1,950,000 (Bonds)     1,950,000 (Total)

SCHOOL FOR THE DEAF & BLIND                                   

Miscellaneous Improvements          

125,000 (LRBP)     125,000 (Total)

DEPARTMENT OF COMMERCE                                   

Historic Building Maintenance          

400,000 (LRBP)     400,000 (Total)

DEPARTMENT OF FISH, WILDLIFE & PARKS               

Lewis & Clark Caverns SP Electrical Upgrades          

2,000,000 (Bonds)     2,000,000 (Total)

Bannack State Park Fire Alarm System Upgrade

1,500,000 (Bonds)     1,500,000 (Total)

DEPARTMENT OF MILITARY AFFAIRS                              

Firing Range Cleanup          

250,000 (LRBP)

250,000 (Federal Special Revenue)     500,000 (Total)

GFAFRC USAR Mechanical System Corrections                    

450,000 (Federal Special Revenue)     450,000 (Total)

CSMS Sandblast Booth     

1,500,000 (Federal Special Revenue)     1,500,000 (Total)

VA Cemetery Improvements     

2,000,000 (Federal Special Revenue)     2,000,000 (Total)

DEPARTMENT OF PUBLIC HEALTH & HUMAN SERVICES

Replace Boiler, MVH     

331,500 (LRBP)      331,500 (Total)

First Step - Mental Health

7,600,000 (LRBP)     7,600,000 (Total)

DEPARTMENT OF TRANSPORTATION                                   

Equipment Storage Buildings               

4,300,000 (State Special Revenue)     4,300,000 (Total)

MONTANA UNIVERSITY SYSTEM                                   

Romney Hall - MSU Bozeman     

28,000,000 (Bonds)     28,000,000 (Total)

MT Ag Experiment Station Projects - Phase 1

2,480,000 (Bonds)     2,480,000 (Total)

Missoula-UM - Renovation Clapp Science Building     

10,000,000 (Bonds)     10,000,000 (Total)

Library Renovation - MSU Billings               

2,650,000 (Bonds)     2,650,000 (Total)

Butte-MTECH - Renovate Engineering Facilities     

10,000,000 (Bonds)     10,000,000 (Total)

MUS Life Safety, Deferred Maintenance                

4,600,000 (LRBP)     4,600,000 (Total)

College Facility                              

4,200,000 (Authority Only)     4,200,000 (Total)

New Building - MSU Bozeman                              

60,000,000 (Authority Only)     60,000,000 (Total)

 

     NEW SECTION.  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. Funds not requiring legislative appropriation are included for the purpose of authorization:

Migratory Bird Program                    

845,000 (State Special Revenue)     845,000 (Total)

Parks Program                    

2,766,800 (State Special Revenue)

1,300,000 (Federal Special Revenue)     4,066,800 (Total)

Future Fisheries     

1,277,000 (State Special Revenue)     1,277,000 (Total)

Hatchery Maintenance     

600,000 (State Special Revenue)     600,000 (Total)

Sekokini Springs Hatchery Rearing Ponds                         

400,000 (Federal Special Revenue)     400,000 (Total)

FAS Site Protection                    

847,200 (State Special Revenue)

600,000 (Federal Special Revenue)     1,447,200 (Total)

Upland Game Bird Program                    

849,000 (State Special Revenue)     849,000 (Total)

Grant Programs                    

139,000 (State Special Revenue)

3,750,000 (Federal Special Revenue)     3,889,000 (Total)

Wildlife Habitat Maintenance                    

1,234,000 (State Special Revenue)     1,234,000 (Total)

Dam Maintenance

50,000 (State Special Revenue)     50,000 (Total)

Community Fishing Ponds     

50,000 (State Special Revenue)      50,000 (Total)

Forest Management                    

320,000 (State Special Revenue)     320,000 (Total)

     (2) Authority is being granted to the Montana university system in the amount of $6 million 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 Montana university system from nonstate sources:

General Spending Authority MUS                              

6,000,000 (Authority Only)     6,000,000 (Total)

     (3) 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 from nonstate sources:

Federal Spending Authority          

3,000,000 (Federal Special Revenue)     3,000,000 (Total)

     (4) The following money is appropriated to the department of transportation in the indicated amount for the purpose of making capital improvements as indicated:

Statewide Maintenance, Repair, and Small Projects     

2,500,000 (State Special Revenue)          2,500,000 (Total)

     (5) The following money is appropriated for the indicated capital projects to the department of environmental quality from state building energy conservation funds:

Energy Improvements - Statewide

2,500,000 (State Special Revenue)          2,500,000 (Total)

State special revenue funds consist of SBECP funds.

 

     NEW SECTION.  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 agreements:

Habitat Montana                    

10,668,000 (State Special Revenue)          10,668,000 (Total)

Bighorn Sheep Habitat                    

460,000 (State Special Revenue)          460,000 (Total)

FAS Acquisition     

245,000 (State Special Revenue)          

100,000 (Federal Special Revenue)           345,000 (Total)

 

     NEW SECTION.  Section 5.  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 interentity loans in accordance with 17-2-107 to pay planning and design costs incurred before the receipt of funding from another funding source.

 

     NEW SECTION.  Section 6.  Capital projects -- contingent funds. If a capital project is financed in whole or in part with appropriations contingent upon the receipt of funding from another funding source, the department of administration may not let the project for bid until the agency receiving funding 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 [section 2] 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 2017 biennium long-range building program presented to the 64th legislature.

 

     NEW SECTION.  Section 7.  Review by department of environmental quality. The department of environmental quality shall review capital projects authorized in [section 2] 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 8.  Appropriations for renewable resource grants. (1) For the biennium beginning July 1, 2015, there is appropriated from the natural resources projects state special revenue account established in 15-38-302 to the department of natural resources and conservation up to:

     (a) $100,000 for emergency projects to be awarded by the department over the course of the biennium;

     (b) $700,000 for planning grants to be awarded by the department over the course of the biennium;

     (c) $200,000 for irrigation development grants to be awarded by the department over the course of the biennium;

     (d) $300,000 for watershed grants to be awarded by the department over the course of the biennium; and

     (e) $100,000 for septic loan grants to be awarded by the department over the course of the biennium.

     (2) There is appropriated from the natural resources projects state special revenue account established in 15-38-302 to the department of natural resources and conservation $6,072,615 for grants to political subdivisions and local governments during the biennium beginning July 1, 2015. The funds referred to in this subsection must be awarded by the department to the named entities for the described purposes and in the grant amounts listed in subsection (4), subject to the conditions set forth in [sections 10 and 11] and the contingencies described in the renewable resource grant and loan program January 2015 report to the 64th legislature.

     (3) Funds must be awarded up to the amounts approved in subsection (4) in the following order of priority. Funds not accepted or used by these projects may be provided for any renewable resource programs authorized under this section. If at any time a grant sponsor determines that a project will not begin before June 30, 2017, the sponsor shall notify the department of natural resources and conservation.

     (4) The following are the prioritized grant projects:

RENEWABLE RESOURCE GRANT AND LOAN PROGRAM

Applicant/Project     Amount

Conservation District     

     (Supply Diversion Improvement Project)     $125,000     

Whitefish, City of     

     (I & I Mitigation Project)     $125,000     

White Sulphur Springs, City of     

     (Wastewater Improvements Project - Phase 2)     $125,000     

Polson, City of     

     (Wastewater System Improvements)      $125,000

Livingston, City of     

     (Wastewater Treatment Plant Upgrades)     $125,000

Cascade, Town of     

     (Missouri River Reclamation)     $125,000

Bitter Root Irrigation District     

     (Siphon 1 - Phase 3 Improvements Project)     $125,000

Westby, Town of     

     (Wastewater System Improvements)      $125,000

Bainville, Town of     

     (Wastewater System Improvements)     $125,000

Fallon County Water and Sewer District     

     (Wastewater Collection System)     $125,000

Sidney, City of     

     (Wastewater Improvements Project Phase II)     $125,000

Terry, Town of     

     (Wastewater Treatment Upgrades)     $125,000

Department of Natural Resources and Conservation-Water Resources Division     

     (Musselshell Basin Instrumentation Project)     $125,000

Pondera County Conservation District     

     (Wasteway Rehabilitation and Water Quality

      Improvements Project)     $125,000

Upper and Lower River Road Water and Sewer District               

     (Phase 5 Water and Sewer Improvements)     $125,000

Missoula County     

     (Mill Creek Restoration Project)     $125,000

Flaxville, Town of     

     (Wastewater System Improvements)     $125,000

Milk River Joint Board of Control     

     (Hydrometric Gauging Station Expansion

      and Upgrade Project)     $125,000

Missoula, City of     

     (Caras Park Outfall Stormwater Treatment      

      Retrofit, Phase 1)     $125,000

Chester, Town of     

     (Wastewater Improvements)     $125,000

Hysham, Town of     

     (Water System Improvements)     $125,000

Simms County Sewer District     

     (Wastewater System Improvements)     $125,000

Ten Mile/Pleasant Valley Sewer District     

     (Wastewater System Improvements Phase 3)     $125,000

Laurel, City of     

     (Water System Improvements)     $125,000

Pondera County Conservation District     

     (C-5 Canal Conversion Project)     $125,000

Fromberg, Town of     

     (Wastewater System Improvements)     $125,000

Jefferson County     

     (Whitehall Sugar Beet Row Wastewater

      System Improvements)     $125,000

Sweet Grass County Conservation District     

     (Electric Light Ditch Irrigation Diversion Rehabilitation Project)     $125,000

Butte-Silver Bow Consolidated City-County     

     (Moulton Reservoir - Reclamation &

      Protection Project)     $125,000

Rocker, Montana County Water and Sewer District      

     (Sewer Connection to TIFID Wastewater

      Pipeline)     $125,000

Tri-County Water District

     (Water System Improvement)     $125,000

Neihart, Town of     

     (Water System Improvements)     $125,000

Cut Bank, City of     

     (Wastewater Treatment Project)     $125,000

Missoula County     

     (Buena Vista Trailer Community Wastewater

      Improvements Phase 1)     $125,000

Denton, Town of     

     (Water System)     $125,000

Buffalo Rapids Irrigation Project District 1     

     (Lateral 19.3 Pipeline Conversion

      Project Phase 1)     $125,000

Winifred, Town of      

     (Water System Improvements)     $125,000

Highwood County Water and Sewer District     

     (Wastewater System Improvements)     $125,000

Lower Yellowstone Irrigation Project     

     (Wasteway Project)     $65,000

Department of Natural Resources and Conservation-Water Resources Division     

     (East Fork Rock Creek Main Canal

      Lining Project)     $125,000

Riverside Water and Sewer District     

     (Wastewater Facility Plan)     $125,000

Lewistown, City Of     

     (Riverdale Subdivision Wastewater Collection System)     $125,000

East Clark Street Water and Sewer District     

     (Wastewater Collection System)     $125,000

Daly Ditches Irrigation District     

     (Preservation and Conservation of Resources)     $125,000

Buffalo Rapids Irrigation Project District 2     

     (Main Canal Rehabilitation)     $125,000

Sidney Water Users Irrigation District     

     (High Canal Phase 5 Project)     $125,000

Lower Musselshell County Conservation District     

     (DMWUA South Canal Pre-Tunnel

      Lining Project)     $125,000

Clinton Irrigation District     

     (Canal Wasteway Rehabilitation)     $125,000

Roundup, City of     

     (Water System Improvements)     $125,000

Missoula County Weed District     

     (Montana Biological Weed Control

      Coordination Project)     $100,500

Jordan, Town of     

     (Wastewater System Improvements)     $125,000

Crow Tribe of Indians     

     (Wastewater Collection System

      Improvement Project)     $125,000

Helena Valley Irrigation District     

     (Irrigation Efficiency and Water

      Conservation Project)     $125,000

Fort Shaw Irrigation District     

     (Reduce Waste Project)     $125,000

Hysham Irrigation District     

     (Re-Lift Canal Improvement Project)     $125,000

South Wind Water and Sewer District     

     (Water Distribution and Wastewater

      Collection Study)     $125,000

Bainville, Town of     

     (Water System Improvements)     $125,000

Black Eagle-Cascade County Water & Sewer District     

     (Wastewater Collection System

      Rehabilitation Phase 2)     $125,000

Yellowstone Boys and Girls Ranch     

     (Wastewater Improvements Project)     $125,000

Fort Peck Tribes     

     (Lateral L-42M Rehabilitation Project,

      Phase 1)     $125,000

Toston Irrigation District          

     (Toston Canal Rehabilitation Project)     $125,000

Hot Springs, Town of     

     (Wastewater Improvements Project)     $125,000

Lockwood Irrigation District     

     (Pump Station Rehabilitation)     $125,000

Missoula, City of     

     (Buckhouse Bridge Outfall - Stormwater

     Treatment Retrofit)     $125,000

Harlowton, City of      

     (Phase 3 Water System Improvements)     $125,000

Greenfields Irrigation District     

     (J-Lake Rehabilitation and Water Quality

      Improvement)     $125,000

Malta Irrigation District     

     (Exeter Siphon Replacement Project)     $125,000

Garfield County Conservation District     

     (Little Dry Water User's Association-           

      Infrastructure Improvements)     $125,000

Gallatin County     

     (Septic System Repair Assistance Program)     $125,000

Flaxville, Town of     

     (Water System Improvements)     $125,000

Glasgow, City of     

     (Water System Improvements)     $125,000

Conrad, City of     

     (Conrad Water System Improvements)     $125,000

Missoula Irrigation District     

     (Water Conservation Project)     $125,000

Malta Irrigation District     

     (Peoples Creek Diversion Dike

      Rehabilitation Project)     $125,000

East Bench Irrigation District     

     (Main Canal Gate Automation)     $125,000

Dillon, City of     

     (Water System Improvements)     $125,000

Medicine Lake, Town of     

     (Wastewater Improvements)     $125,000

Kevin, Town of     

     (Wastewater Improvement Project - 2014)     $125,000

Department of Environmental Quality          

     (Montana Time of Travel - Interactive Web Map

      Application for Montana)     $125,000

Liberty County Conservation District     

     (Marias River Bank Stabilization Project

      - Phase 2)     $125,000

Foys Lakeside County Water and Sewer District     

     (Water System Improvements)     $125,000

Ruby Valley Conservation District     

     (Smith Slough/Smith Ditch Fisheries

      Enhancement Project)     $125,000

Green Mountain Conservation District     

     (Improving Water Quality and Fish Habitat in the

      Vermilion River Watershed)     $120,248

Glen Lake Irrigation District     

     (Costich Drop Rehabilitation Project)     $125,000

Lincoln County     

     (Measuring and Modeling the Effects of Mining and

      Associated Reclamation Activities on Selenium and

      Nitrate Inputs to Lake Koocanusa)     $110,500

Petroleum County Conservation District     

     (Musselshell Watershed Prioritized

      Projects Initiative)     $125,000

Big Sandy, Town of          

     (Water System Improvements)     $125,000

RAE Subdivision County Water and Sewer District No. 313     

     (Woodland Park Well)     $125,000

Judith Gap, Town of     

     (Phase Sewer Improvements)     $125,000

Gore Hill County Water District     

     (Water System Improvements)     $125,000

Department of Natural Resources and Conservation-Flathead Basin Commission     

     (Flathead Basin Watershed Plan)     $125,000

Huntley Project Irrigation District     

     (Feasibility Study)     $125,000

Crow Tribe of Indians          

     (Crow Agency Renewable Energy Technology

      Wastewater Treatment Facility)     $117,500

Park County Conservation District     

     (Upper Shields River Fish Barrier and

      Road Improvements)     $120,000

Bozeman, City of      

     (Sourdough Canyon Natural Water

      Storage Assessment)     $125,000

Department of Natural Resources and Conservation-Water Resources Division     

     (Willow Creek Access Road

      Rehabilitation Project)     $125,000

Sanders County     

     (Middle Clark Fork River, Plains Reach -

      Channel Stabilization)     $125,000

Thompson Falls, City of     

     (Water System Improvements)     $125,000

Shelby, City of     

     (Stormwater System Improvements)     $125,000

Mile High Conservation District     

     (Blacktail Creek Non Point Nutrient

      Management Project)     $125,000

 

     NEW SECTION.  Section 9.  Appropriations for reclamation and development grants. (1) There is appropriated to the department of natural resources and conservation from the natural resources projects state special revenue account established in 15-38-302 up to:

     (a) $800,000 for planning reclamation and development projects to be awarded by the department over the course of the biennium;

     (b) $500,000 to implement measures to control invasive aquatic species in state waters; and

     (c) $214,000 for the Montana Salinity Control Association.

     (2) The amount of $4,781,215 is appropriated to the department of natural resources and conservation from the natural resources projects state special revenue account for grants to political subdivisions and local governments during the biennium ending June 30, 2017. The funds in this subsection must be awarded by the department to the named entities for the described purposes and in the grant amounts set out in subsection (4) subject to the conditions set forth in [sections 10 and 11] and the contingencies described in the reclamation and development grant program January 2015 report to the 64th legislature.

     (3) Funds must be awarded up to the amounts approved in this section in the order of priority listed in subsection (4). Funds not accepted or used by these projects may be provided for grants awarded under subsection (1) or under the renewable resource grant and loan program projects authorized by the 64th legislature in [section 8].

     (4) The following are the prioritized grant projects:

Applicant/Project     Amount

Montana Board of Oil & Gas Conservation

     (2015 Southern District)     $300,000

Montana Board of Oil & Gas Conservation

     (2015 Northeast District)     $300,000

Montana Department of Environmental Quality

     (Belt Water Treatment Project)     $500,000

Montana Department of Environmental Quality

     (Black Pine Mine - South Fork Lower Willow Creek

      Fluvially Deposited Mill Tailings)     $500,000

Missoula County     

     (Martina Creek & Ninemile Creek Reclamation)     $484,000

City-County Board of Health Lincoln County     

     (Protocols Public Health Protection & Commercial Use

     of Wood Products Impacted by Vermiculite Mining)     $430,595

Deer Lodge Conservation District     

     (French Gulch Placer Mining Restoration)     $500,000

Montana Department of Environmental Quality

     (Landusky Bioreactor Rehabilitation)     $500,000

Montana Department of Environmental Quality

     (Basin Creek Mine - Site Stability Project)     $500,000

Montana Department of Environmental Quality

     (Sand Coulee Acid Mine Drainage Source Control)     $332,443

Deer Lodge Conservation District     

     (Moose-French Creek Placer Mining Restoration)      $85,000

Montana Department of Environmental Quality

     (Mitigation of Threat to Harlowton

      Public Drinking Water)     $82,440

Madison County     

     (North Willow Creek Reclamation)     $499,828

Cascade County     

     (Identifying the Fate of Acid Mine Drainage and

     Potential Impacts to Madison Aquifer)     $327,322

Montana Bureau of Mines & Geology     

     (Enhance Monitoring Fox Hills - Hell Creek Aquifer)     $499,109

Montana Bureau of Mines & Geology     

     (Enhance Montana's Manufacturing Growth Through

      Production of Commodities from Remediation)     $498,171

Roosevelt County     

     (Kenco Refinery Highest Priority Cleanup)     $150,000

 

     NEW SECTION.  Section 10.  Coordination of fund sources for grants to political subdivisions and local governments. A project sponsor listed under [sections 8(4) and 9(4)] may not receive funds from both the reclamation and development grants program and the renewable resource grant and loan program for the same project during the same biennium.

 

     NEW SECTION.  Section 11.  Condition of grants. Disbursement of funds under [sections 8 and 9] is subject to the following conditions that must be met by the project sponsor:

     (1) A scope of work and budget for the project must be approved by the department of natural resources and conservation. Any changes in scope of work or budget subsequent to legislative approval may not change project goals and objectives. Changes in activities that would reduce the public or natural resource benefits as presented in department of natural resources and conservation reports and applicant testimony to the 64th legislature may result in a proportional reduction in the grant amount.

     (2) The project sponsor shall show satisfactory completion of conditions described in the recommendation section of the project narrative of the program report to the legislature for the biennium ending June 30, 2017, or, in the case of planning grants issued under [sections 8(1) and 9(1)], completion of conditions specified at the time of written notification of approved grant authority.

     (3) The project sponsor must have a fully executed grant agreement with the department.

     (4) Any other specific requirements considered necessary by the department must be met to accomplish the purpose of the grant as evidenced from the application to the department or from the proposal as presented to the legislature.

 

     NEW SECTION.  Section 12.  Other appropriations. There is appropriated to any entity of state government that receives a grant under [sections 8 through 11] the amount of the grant upon award of the grant by the department of natural resources and conservation. Grants to entities from prior biennia are reauthorized for completion of contract work.

 

     NEW SECTION.  Section 13.  Authorization to provide loans. (1) The department of natural resources and conservation is authorized to make loans to the political subdivisions of state government and local governments listed in subsections (2) through (4) in amounts not to exceed the loan amounts listed for each project from the proceeds of the bonds authorized in [section 15].

     (2) The interest rate for the project in this group is 3.0% or the rate at which the state bonds are sold, whichever is lower, for up to 20 years:

Loan          Amount

Department of Natural Resources and Conservation - Conservation and Resource Development Division

     (Refinance Existing Debt or Rehabilitation of Water and

     Sewer Facilities)     $5,000,000

     (3) The interest rate for the projects in this group is 4% or the rate at which the state bonds are sold, whichever is lower, for up to 20 years:

Loan          Amount

Department of Natural Resources and Conservation

     (Deadman's Basin)     $500,000

Highwood Water/Sewer District     $60,000

Yellowstone Boys and Girls Ranch, WSD     $800,000

City of Dillon     $50,000

     (4) The interest rate for the project in this group is 4.0% or the rate at which the state bonds are sold, whichever is lower, for up to 30 years:

Loan          Amount

Bitter Root Irrigation District     $1,773,976

 

     NEW SECTION.  Section 14.  Projects not completing requirements -- projects reauthorized. (1) The legislature finds that the following renewable resource projects that were approved by the 63rd legislature in Chapter 365, Laws of 2013, may not complete the requirements necessary to obtain the loan funds prior to June 30, 2015. The projects described in this section are reauthorized. The department of natural resources and conservation is authorized to make loans to the political subdivisions of state government and local governments listed in subsection (2) in amounts not to exceed the loan amounts listed for each project from the proceeds of the bonds authorized in [section 15].

     (2) The interest rate for the projects in this group is 4.0% or the rate at which the state bonds are sold, whichever is lower, for up to 30 years.

Loan          Amount

Dry Prairie Regional Water Authority

     (Local Match for Dry Prairie Projects)     $6,000,000

North Central Regional Water Authority

     (Local Match for North Central Projects)     $10,000,000

 

     NEW SECTION.  Section 15.  Coal severance tax bonds authorized. (1) The legislature finds that Title 17, chapter 5, part 7, provides for the issuance of coal severance tax bonds for financing specific approved renewable resource projects as part of the state renewable resource grant and loan program. Available funds from previous sales of coal severance tax bonds, plus any additional principal amount on bonds as may be necessary, pursuant to the conditions in 85-1-605, to fund emergency loans, as authorized and approved in accordance with 85-1-605(4), may also be used for the projects approved in [sections 13 and 14]. The board of examiners is authorized to issue coal severance tax bonds in an amount not to exceed $26,602,374 in the biennium beginning July 1, 2015, of which up to $2,418,398 is to be used to establish a reserve for the bonds. Proceeds of the bonds are appropriated to the department of natural resources and conservation for financing the projects identified in [sections 13 and 14] and may be used as authorized in 85-1-605(4). Loans made under 85-1-605(4) must bear interest at the rate borne by the state bonds unless the legislature in a subsequent session provides for a lower interest rate, in which case the rate must be reduced to the rate specified by the legislature.

     (2) In connection with the issuance of coal severance tax bonds, the board of examiners may pay the principal and interest on the bonds when due from the debt service account and in all other respects manage and use the funds within each special bond account for the benefit of the bonds. The board of examiners shall exercise its discretion to enhance the marketability of the bonds and to secure the most advantageous financial arrangements for the state.

     (3) Earnings on bond proceeds prior to the completion of any loan must be allocated to the debt service account to pay the debt service on the bonds during this period. Earnings in excess of debt service, if any, must be allocated to the natural resources projects state special revenue account established in 15-38-302.

     (4) Loan repayments from loans financed with coal severance tax bonds are pledged, dedicated, and appropriated to the debt service account in the state treasury for the benefit of bonds approved for loans under this section.

 

     NEW SECTION.  Section 16.  Condition of loans. (1) Disbursement of funds under [sections 13 and 14] for loans is subject to the following conditions that must be met by project sponsors:

     (a) approval of a scope of work and budget for the project by the department of natural resources and conservation. Reductions in a scope of work or budget may not affect priority activities or improvements.

     (b) documented commitment of other funds required for project completion;

     (c) satisfactory completion of conditions described in the recommendations section of the project narrative in the renewable resource grant and loan program project evaluations and recommendations report;

     (d) execution of a loan agreement with the department of natural resources and conservation; and

     (e) accomplishment of other specific requirements considered necessary by the department of natural resources and conservation to accomplish the purpose of the loan as evidenced from the application to the department or from the proposal to the legislature.

     (2) Each sponsor authorized for a loan from coal severance tax bond proceeds may be required to pay to the department of natural resources and conservation a pro rata share of the bond issuance costs and the administrative costs incurred by the department to complete the loan transaction.

 

     NEW SECTION.  Section 17.  Private and discount purchase of loans. Loans to political subdivisions and local government entities pursuant to [sections 13 and 14] and bonds, warrants, and notes issued in evidence of those loans may be made, purchased by, and sold to the department of natural resources and conservation at a discount and at a private negotiated sale, notwithstanding the provisions of any other law applicable to political subdivisions or local government entities.

 

     NEW SECTION.  Section 18.  Appropriations established. For any entity of state government that receives a loan under [section 13 or 14], an appropriation is established for the amount of the loan upon award of the loan by the department of natural resources and conservation.

 

     NEW SECTION.  Section 19.  Appropriations from treasure state endowment state special revenue account. (1) There is appropriated to the department of commerce from the treasure state endowment state special revenue account established in 17-5-703 up to:

     (a) $900,000 for infrastructure planning projects to be awarded by the department over the course of the biennium beginning July 1, 2015; and

     (b) $100,000 for emergency projects to be awarded by the department over the course of the biennium beginning July 1, 2015.

     (2) There is appropriated to the department of commerce $15,787,510 for the biennium beginning July 1, 2015, from the treasure state endowment state special revenue account to finance grants authorized by this section.

     (3) The funds appropriated in subsection (2) must be used by the department to make grants to the governmental entities listed in subsection (4) for the described purposes and in amounts not to exceed the amounts set out in subsection (4). The grants authorized in this section are subject to the conditions set forth in [section 20] and described in the treasure state endowment program 2017 biennium report to the 64th legislature. The department shall commit funds to projects listed in subsection (4), up to the amounts authorized, based on the manner of disbursement set forth in [section 20] until the funds deposited into the treasure state endowment state special revenue account during the biennium beginning July 1, 2015, are expended.

     (4) The following applicants and projects are authorized for grants and listed in the order of their priority:

Other Infrastructure Applicant (project type)      Grant Amount

1. Fallon County Water and Sewer District (wastewater)     $680,000

2. Polson, City of (wastewater)     $750,000

3. Harlowton, City of (water)     $750,000

4. Havre, City of (stormwater)     $500,000

5. Bainville, Town of (water)     $625,000

6. Crow Tribe of Indians (wastewater)     $750,000

7. East Clark Street Water and Sewer District (wastewater)     $536,850

8. Whitefish, Town of (wastewater)     $500,000

9. Hysham, Town of (water)     $625,000

10. Big Sandy, Town of (water)     $750,000

11. Roundup, City of (water)     $500,000

12. Laurel, City of (water)     $500,000

13. Terry, Town of (wastewater)     $750,000

14. Fromberg, Town of (wastewater)     $750,000

15. Upper/Lower River Road Water and Sewer District (water & wastewater)     $340,000

16. Westby, Town of (wastewater)     $625,000

17. Hot Springs, Town of (wastewater)     $103,000

18. Glasgow, City of (water)     $500,000

19. White Sulphur Springs, City of (wastewater)     $750,000

20. Lewistown, City of (wastewater)     $500,000

21. Greater Woods Bay Sewer District (wastewater)     $750,000

22. Ten Mile Creek Estates/Pleasant Valley Sewer District (wastewater)     $500,000

23. Thompson Falls, City of (water)     $499,000

24. Butte-Silver Bow City/County (wastewater)     $406,526

25. Flaxville, Town of (wastewater)     $625,000

26. Conrad, City of (water)     $500,000

27. Dillon, City of (water)     $625,000

28. Medicine Lake, Town of (wastewater)     $500,000

29. Denton, Town of (water)     $625,000

30. Neihart, Town of (water)     $500,000

31. Tri-County Water District (water)     $661,000

32. Winifred, Town of (water)     $625,000

33. Livingston, City of (wastewater)     $625,000

34. Simms County Sewer District (wastewater)     $500,000

35. Sunburst, Town of (wastewater)     $107,000

36. Judith Gap, Town of (wastewater)     $125,000

37. Chester, Town of (wastewater)     $500,000

38. Jordan, Town of (wastewater)     $500,000

39. Foys Lakeside Estates Water and Sewer District (water)     $157,150

40. Philipsburg, Town of (wastewater)     $545,000

Bridge Applicant      Grant Amount

1. Hill County     $291,997

2. Custer County     $467,397

3. Sweet Grass County     $303,898

4. Yellowstone County     $648,476

5. Valley County     $494,108     

6. Madison County     $750,000

7. Carbon County     $500,000

8. Fergus County     $337,594

9. Chouteau County     $207,184

10. Ravalli County     $195,798

11. Broadwater County     $338,100

     (5) A grant recipient's entitlement to receive funds is dependent on the grant recipient's compliance with the conditions described in [section 20(1)] and on the availability of funds.

     (6) Funding for projects in subsection (4) will be provided only as long as there are sufficient funds available from the amount that was deposited into the treasure state endowment state special revenue account during the biennium beginning July 1, 2015. Funding for these projects will be made available in the order that the grant recipients satisfy the conditions described in [section 20(1)]. However, any of the projects listed in subsection (4) that have not completed the conditions described in [section 20(1)] by September 30, 2016, must be reviewed by the next regular session of the legislature to determine if the authorized grant should be withdrawn.

     (7) Grant recipients shall complete all of the conditions described in [section 20(1)] by September 30, 2018, or any obligation to the grant recipient will cease.

 

     NEW SECTION.  Section 20.  Condition of grants -- disbursements of funds. (1) The disbursement of grant funds for the projects specified in [section 19(4)] is subject to completion of the following conditions:

     (a) The grant recipient shall document that other matching funds required for completion of the project are firmly committed.

     (b) The grant recipient must have a project management plan that is approved by the department of commerce.

     (c) The grant recipient must be in compliance with the auditing and reporting requirements provided for in 2-7-503 and have established a financial accounting system that the department can reasonably ensure conforms to generally accepted accounting principles. Tribal governments shall comply with auditing and reporting requirements provided for in OMB Circular A-133.

     (d) The grant recipient shall satisfactorily comply with any conditions described in the application (project) summaries section of the treasure state endowment program 2017 biennium report to the 64th legislature.

     (e) The grant recipient shall satisfy other specific requirements considered necessary by the department of commerce to accomplish the purpose of the project as evidenced by the application to the department.

     (f) The grant recipient shall execute a grant agreement with the department of commerce.

     (2) With the exception of bridges, all projects must adhere to the design standards required by the department of environmental quality. Recipients of treasure state endowment program funds that are not subject to the department of environmental quality design standards must adhere to generally accepted industry standards, such as Recommended Standards for Wastewater Facilities or Recommended Standards for Water Works, published by the Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, latest edition.

     (3) Recipients of treasure state endowment program funds are subject to the requirements of the department of commerce as described in the most recent edition of the Treasure State Endowment Program Project Administration Manual adopted by the department through the administrative rulemaking process.

 

     NEW SECTION.  Section 21.  Other powers and duties of department. (1) The department of commerce shall disburse grant funds on a reimbursement basis as grant recipients incur eligible project expenses.

     (2) If actual project expenses are lower than the projected expense of the project, the department may, at its discretion:

     (a) reduce the amount of grant funds to be provided to grant recipients in proportion to all other project funding sources;

     (b) authorize the use of the remaining authorized grant amounts for the construction of additional infrastructure components directly related to the approved project that will further enhance the overall system; or

     (c) reduce the amount of grant funds to be provided so that the grant recipient's projected average residential user rates do not become lower than their target rate as determined by the department.

     (3) If the grant recipient obtains a greater amount of grant funds than was contained in the treasure state endowment program application, the department may reduce the amount of the treasure state endowment program grant funds to be provided to ensure that the grant recipient continues to meet the threshold requirements contained in program guidelines for receiving the larger treasure state endowment program grant.

 

     Section 22.  Section 90-6-701, MCA, is amended to read:

     "90-6-701.  Treasure state endowment program created -- definitions. (1) (a) There is a treasure state endowment program that consists of:

     (i)  the treasure state endowment fund established in 17-5-703;

     (ii) the infrastructure portion of the coal severance tax bond program provided for in 17-5-701(2).

     (b)  The treasure state endowment program may borrow from the board of investments to provide additional financial assistance for local government infrastructure projects under this part, provided that no part of the loan may be made from retirement funds.

     (2)  Interest from the treasure state endowment fund and from proceeds of the sale of bonds under 17-5-701(2) may be used to provide financial assistance for local government infrastructure projects under this part, to provide funding to the department of commerce for the administrative costs of the treasure state endowment program, and to repay loans from the board of investments.

     (3)  As used in this part, the following definitions apply:

     (a)  "Infrastructure projects" means:

     (i)  drinking water systems;

     (ii) wastewater treatment;

     (iii) sanitary sewer or storm sewer systems;

     (iv) solid waste disposal and separation systems, including site acquisition, preparation, or monitoring; or

     (v) public safety infrastructure related to law enforcement, fire protection, or emergency services; or

     (v)(vi)  bridges.

     (b)  "Local government" means an incorporated city or town, a county, a consolidated local government, a tribal government, a county or multicounty water, sewer, or solid waste district, or an authority as defined in 75-6-304.

     (c)  "Treasure state endowment fund" means the coal severance tax infrastructure endowment fund established in 17-5-703(1)(b).

     (d)  "Treasure state endowment program" means the local government infrastructure investment program established in subsection (1).

     (e)  "Tribal government" means a federally recognized Indian tribe within the state of Montana."

 

     Section 23.  Section 90-6-710, MCA, is amended to read:

     "90-6-710.  Priorities for projects -- procedure -- rulemaking. (1) The department of commerce must receive proposals for infrastructure projects from local governments on a continual basis. The department shall work with a local government in preparing cost estimates for a project. In reviewing project proposals, the department may consult with other state agencies with expertise pertinent to the proposal. For the projects under 90-6-703(1)(a), the department shall prepare and submit two lists containing the recommended projects and the recommended form and amount of financial assistance for each project to the governor, prioritized pursuant to subsection (2) and this subsection. One list must contain the ranked and recommended bridge projects, and the other list must contain the remaining ranked and recommended infrastructure projects referred to in 90-6-701(3)(a). Each list must be prioritized pursuant to subsection (2) of this section, but the department may recommend up to 20% of the interest earnings anticipated to be deposited into the treasure state endowment fund established in 17-5-703 during the following biennium for bridge projects. Before making recommendations to the governor, the department may adjust the ranking of projects by giving priority to urgent and serious public health or safety problems. The governor shall review the projects recommended by the department and shall submit the lists of recommended projects and the recommended financial assistance to the legislature.

     (2)  In preparing recommendations under subsection (1), preference must be given to infrastructure projects based on the following order of priority:

     (a)  projects that solve urgent and serious public health or safety problems or that enable local governments to meet state or federal health or safety standards;

     (b)  projects that reflect greater need for financial assistance than other projects;

     (c)  projects that incorporate appropriate, cost-effective technical design and that provide thorough, long-term solutions to community public facility needs;

     (d)  projects that reflect substantial past efforts to ensure sound, effective, long-term planning and management of public facilities and that attempt to resolve the infrastructure problem with local resources;

     (e)  projects that enable local governments to obtain funds from sources other than the funds provided under this part;

     (f)  projects that provide long-term, full-time job opportunities for Montanans, that provide public facilities necessary for the expansion of a business that has a high potential for financial success, or that maintain the tax base or that encourage expansion of the tax base; and

     (g)  projects that are high local priorities and have strong community support.

     (3)  After the review required by subsection (1), the projects must be approved by the legislature.

     (4)  The department shall adopt rules necessary to implement the treasure state endowment program.

     (5)  The department shall report to each regular session of the legislature the status of all projects that have not been completed in order for the legislature to review each project's status and determine whether the authorized grant should be withdrawn.

     (6) Beginning June 1, 2015, the department must receive proposals from local or tribal governments impacted by growth associated with oil and gas development for community planning and for drinking water, wastewater treatment, or public safety infrastructure projects for an existing or future population. The department shall award grants from June 1, 2015, until April 30, 2016, and distribute the funds appropriated in [section 27(2)(d)] on a reimbursement basis from June 1, 2015, until June 29, 2019. Any funds appropriated in [section (27)(2)(d)] and not obligated under this subsection to a local or tribal government by June 30, 2016, must revert to the general fund."

 

     NEW SECTION.  Section 24.  Appropriation from treasure state endowment regional water system special revenue account. (1) There is appropriated $3,259,761 to the department of natural resources and conservation for the biennium beginning July 1, 2015, from the treasure state endowment regional water system special revenue account to finance the state's share of regional water system projects authorized in subsection (2) and as set forth in 90-6-715.

     (2) Montana's four regional water authorities are authorized to receive the funds appropriated in subsection (1) as long as there are sufficient funds available from the amount that was deposited into the treasure state endowment regional water system special revenue account during the biennium beginning July 1, 2015.

     (3) A regional water authority's receipt of funds is dependent on the authority's compliance with the conditions described in [section 25(1)].

 

     NEW SECTION.  Section 25.  Conditions -- manner of disbursements of funds. (1) The disbursement of funds under [section 24] is subject to completion of the following conditions:

     (a) The regional water authority shall execute an agreement with the department of natural resources and conservation.

     (b) The regional water authority must have a project management plan that is approved by the department.

     (c) The regional water authority shall establish a financial accounting system that the department can reasonably ensure conforms to generally accepted accounting principles.

     (d) The regional water authority shall provide the department with a detailed preliminary engineering report.

     (2) The department shall disburse funds on a reimbursement basis as the regional water authority incurs eligible project expenses.

 

     NEW SECTION.  Section 26.  Appropriations from school facility and technology state special revenue account. (1) There is appropriated to the department of commerce from the school facility and technology state special revenue account up to:

     (a) $900,000 for matching school facility planning grants to be awarded by the department over the course of the biennium;

     (b) $100,000 for emergency grants to be awarded by the department over the course of the biennium.

     (2) There is appropriated to the department of commerce $11,160,979 from the school facility and technology state special revenue account to be used to finance grants authorized by this section.

     (3) The funds appropriated in subsection (2) must be used by the department to make grants to the public school districts listed in subsection (4) for the described purposes and in amounts not to exceed the amounts set out in subsection (4). The appropriation is subject to the conditions set forth in 90-6-812 and described in the quality schools facility grant program 2017 biennium report to the 63rd legislature. The department shall commit funds to projects listed in subsection (4), up to the amounts authorized, based on the manner of disbursement set forth in subsections (5) through (7), until the funds appropriated in subsection (2) are expended.

     (4) The following applicants and projects are authorized for grants and listed in the order of their priority:

Applicant/Project     Grant Amount

1. Miles City ELE (Fire system upgrades)     $359,623

2. Custer County HS (Drainage and roof upgrades)     $960,254

3. Yellowstone Academy ELE (wastewater)     $470,000

4. Pryor ELE (Replace unsafe school)     $1,220,000

5. Wolf Point ELE (Drainage and roof upgrades)     $862,300

6. Arlee ELE (Replace boiler)     $375,000

7. Livingston ELE (HVAC upgrades)     $665,000

8. Polson ELE (replace boiler and system)     $1,337,981

9. Rosebud K-12 (water quality upgrades)     $174,300

10. Ashland ELE (roof replacement)     $1,013,000

11. Grass Range HS (roof replacement)     $62,763

12. Park City ELE (roof replacement)     $562,396

13. Troy ELE (boiler replacement)     $125,400

14. Amsterdam ELE (fire system upgrades)     $232,650

15. Roundup HS (fire system upgrades)     $137,376

16. Troy HS (energy efficiency upgrades)     $295,887

17. Trout Creek ELE (asbestos abatement)     $102,600

18. Cascade ELE (HVAC upgrades)     $335,544

19. Superior K-12 (HVAC upgrades)     $470,403

20. Lavina K-12 (technology center addition)     $1,500,000

21. Shields Valley ELE (boiler replacement)     $458,311

22. Billings HS (HVAC upgrades)      $1,533,212

23. Missoula ELE (classroom upgrades)     $681,337

24. Missoula HS (classroom upgrades)     $323,827

25. Plentywood K-12 (boiler replacement)     $900,000

26. St. Regis K-12 (security upgrades)     $544,943

27. Kalispell ELE (energy efficiency upgrades)     $525,898

28. Powell County HS (lighting upgrades)     $244,789

29. Stevensville ELE (HVAC upgrades)     $865,894

30. Bridger K-12 (replace boiler)     $318,000

31. Forsyth HS (HVAC upgrades)     $255,410

32. Libby K-12 (HVAC upgrades)     $1,069,278

33. Lockwood ELE (roof replacement)     $912,524

34. Stevensville HS (HVAC upgrades)     $950,051

35. Glasgow K-12 (security upgrades)     $150,930

36. Three Forks HS (electrical system)     $121,997

37. Fair-Mont-Egan ELE (facility expansion)     $366,367

38. Frenchtown K-12 (energy efficiency upgrades)     $426,408

39. Havre HS (HVAC upgrades)     $525,000

40. Townsend K-12 (HVAC upgrades)     $231,339

41. West Valley ELE (kitchen equipment)     $350,000

42. Laurel ELE (HVAC upgrades)     $632,000

43. Butte HS (HVAC upgrades)     $1,190,645

44. North Star HS (HVAC upgrades)     $392,615

45. Stanford K-12 (HVAC upgrades)     $413,040

46. Lolo ELE (security upgrades)     $340,350

47. Hamilton K-12 (energy efficiency upgrades)     $953,216

48. Power HS (kitchen upgrades)     $557,053

49. Anderson ELE (HVAC upgrades)     $209,000

50. Colstrip ELE (school renovation)     $750,000

51. North Star ELE (HVAC upgrades)     $334,810

52. Simms HS (new Vo-Ag and science building)     $1,142,833

53. Clinton ELE (energy efficiency upgrades)     $313,784

     (5) A grant recipient's entitlement to receive funds is dependent on the grant recipient's compliance with the conditions set forth in 90-6-812 and on the availability of funds.

     (6) Funding for projects in subsection (4) will be provided only as long as there are sufficient funds available from the school facility and technology state special revenue account. Funding for these projects will be made available in the order that the grant recipients satisfy the conditions in 90-6-812.

     (7) Grants to recipients listed in subsection (4) that have not completed all of the conditions described in 90-6-812 by September 30, 2016, must be reviewed by the next regular session of the legislature to determine if the authorized grant should be withdrawn.

 

     NEW SECTION.  Section 27.  Local projects and improvements bond proceeds account -- use. (1) There is an account within the state special revenue fund, as provided for in 17-2-102, called the local projects and improvements bond proceeds account. The department of administration shall administer the account.

     (2) Funds in the account are biennially appropriated as follows:

     (a) up to $6,311,134 to the department of natural resources and conservation for the purposes set forth in [section 8], after all funds appropriated in [section 8] have been obligated;

     (b) up to $1,707,694 to the department of natural resources and conservation for the purposes set forth in [section 9], after all funds appropriated in [section 9] have been obligated;

     (c) up to $10,407,568 to the department of commerce for the purposes set forth in [section 19], after all funds appropriated in [section 19] have been obligated;

     (d) up to $45,000,000 to the department of commerce for the purposes set forth in 90-6-710(6);

     (e) up to $19,086,359 to the department of commerce for the purposes set forth in [section 26], after all funds appropriated in [section 26] have been obligated.

 

     NEW SECTION.  Section 28.  Authorization of bonds -- conditions. (1) The board of examiners is authorized to issue and sell general obligation bonds in one or more series and from time to time for the purposes described in subsections (3) and (4) in addition to the amount of general obligation bonds outstanding on January 1, 2015.

     (2) The bonds in this section must be issued in accordance with the terms and in the manner required by Title 17, chapter 5, part 8. The authority granted to the board of examiners by this section is in addition to any other authorization to the board of examiners to issue and sell general obligation bonds.

     (3) Up to $103,080,000 of the proceeds from the bonds sold under this section must be deposited in the capital projects account provided for in 17-5-804.

     (4) Up to $82,512,755 of the proceeds from the bonds sold under this section must be deposited in the local projects and improvements bond proceeds account provided for in [section 27].

 

     NEW SECTION.  Section 29.  Approval of grants -- completion of biennial appropriation. (1) The legislature, pursuant to 18-2-102, approves the capital projects listed in [sections 1 through 7].

     (2) The legislature, pursuant to 85-1-605, approves the renewable resource program grants listed in [section 8]. The authorization of these grants completes a biennial appropriation from the natural resources projects state special revenue account established in 15-38-302.

     (3) The legislature, pursuant to 90-2-1111, approves the reclamation and development grants listed in [section 9]. The authorization of these grants completes a biennial appropriation from the natural resources projects state special revenue account established in 15-38-302.

     (4) The legislature, pursuant to 17-5-702, approves the renewable resource program loans listed in [sections 13 and 14]. The authorization of these loans completes a biennial appropriation from the renewable resource loan proceeds account established in 85-1-617.

     (5) The legislature, pursuant to 90-6-703, approves the treasure state endowment program grants listed in [section 19]. The authorization of these grants completes a biennial appropriation from the treasure state endowment special revenue account provided for in 17-5-703.

     (6) The legislature, pursuant to 90-6-715, approves the distribution of funds to the regional water authorities listed in [section 24]. The authorization of these funds completes an appropriation from the treasure state endowment regional water system special revenue account provided for in 17-5-703.

     (7) The legislature, pursuant to 90-6-809 and 90-6-810, approves the quality schools facility grants listed in [section 26]. The authorization of these grants completes a biennial appropriation from the school facility and technology state special revenue account provided for in 20-9-516.

 

     NEW SECTION.  Section 30.  Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell Chippewa tribe.

 

     NEW SECTION.  Section 31.  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 32.  Creation of state debt -- appropriation of coal severance tax -- bonding provisions -- contingent voidness. (1) Because [sections 15 and 28] authorize the creation of state debt, a vote of two-thirds of the members of each house of the legislature is required for enactment. If [this act] is not passed and approved by at least two-thirds of the members of each house, [sections 22 and 23] are void.

     (2) The legislature, through the enactment of [sections 13 through 18] by a vote of three-fourths of the members of each house of the legislature, as required by Article IX, section 5, of the Montana constitution, pledges, dedicates, and appropriates from the coal severance tax bond fund all money necessary for the payment of principal and interest not otherwise provided for on the coal severance tax bonds authorized by [section 15] to be issued pursuant to Title 17, chapter 5, part 7, and pursuant to the provisions of [sections 13 through 18] and the general resolution for this bond program that has been adopted by the board of examiners under the authority provided in Title 17, chapter 5, part 7.

 

     NEW SECTION.  Section 33.  Effective date. [This act] is effective on passage and approval.

 

     NEW SECTION.  Section 34.  Termination. (1) [Section 22] terminates April 30, 2016.

     (2) [Section 23] terminates June 30, 2019.

- END -

 


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