2017 Montana Legislature

Additional Bill Links     PDF (with line numbers)

HOUSE BILL NO. 645

INTRODUCED BY M. CUFFE

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FUNDING AND AUTHORIZATION FOR CAPITAL AND INFRASTRUCTURE PROJECTS STATEWIDE; CREATING STATE AND LOCAL INFRASTRUCTURE ACCOUNTS; PROVIDING ADDITIONAL FUNDING FOR PROJECTS LISTED IN HOUSE BILLS 6, 7, AND 11; APPROPRIATING MONEY TO THE DEPARTMENT OF ADMINISTRATION FOR CAPITAL PROJECTS AND FOR THE CONSTRUCTION OF THE STATE VETERANS' HOME IN SOUTHWESTERN MONTANA; APPROPRIATING MONEY TO THE DEPARTMENTS OF COMMERCE AND NATURAL RESOURCES AND CONSERVATION FOR GRANTS TO STATE AND LOCAL ENTITIES FOR PROJECTS AND IMPROVEMENTS; PRIORITIZING PROJECT GRANTS; AUTHORIZING PROJECT GRANTS AMOUNTS; ESTABLISHING CONDITIONS FOR GRANTS; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; AUTHORIZING THE CREATION OF STATE DEBT THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS; AMENDING SECTION 5, CHAPTER 324, LAWS OF 2011; 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 11], UNLESS OTHERWISE PROVIDED, 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 IMPROVEMENTS OR THE PLANNING, CAPITAL CONSTRUCTION, ENVIRONMENTAL CLEANUP, RENOVATION, OR MAJOR REPAIR PROJECTS AUTHORIZED IN [SECTIONS 3 THROUGH 6].

     (3) "CPA" MEANS THE CAPITAL PROJECTS ACCOUNT PROVIDED FOR IN 17-5-803 AND 17-5-804.

 

     NEW SECTION.  Section 2.  Local infrastructure accounts -- use. (1) There is a state and local infrastructure account in the state special revenue fund to provide grants as authorized in House Bills 6 and 7. The department of natural resources and conservation shall administer the account.

     (2) There is a state and local infrastructure account in the state special revenue fund to provide grants as authorized in House Bill 11 and in [section 3] [SECTION 9]. The department of commerce shall administer the account.

 

     NEW SECTION.  SECTION 3.  AUTHORIZATION OF AND APPROPRIATIONS FOR CAPITAL PROJECTS. UPON PASSAGE AND APPROVAL OF [THIS ACT], THE FOLLOWING PROJECTS, PURSUANT TO 18-2-102, ARE AUTHORIZED AND APPROVED AND FUNDS ARE APPROPRIATED TO THE DEPARTMENT OF ADMINISTRATION FROM THE INDICATED FUNDING SOURCES. THE DEPARTMENT OF ADMINISTRATION IS AUTHORIZED TO TRANSFER FUNDING AND AUTHORITY BETWEEN FUND TYPES. FUNDS NOT REQUIRING LEGISLATIVE APPROPRIATION ARE INCLUDED FOR THE PURPOSES OF AUTHORIZATION ONLY.

MONTANA UNIVERSITY SYSTEM

ROMNEY HALL - MSU BOZEMAN

     $25 MILLION (CPA) $3 MILLION (AUTHORITY ONLY)

GREAT FALLS COLLEGE OF TECHNOLOGY, NURSING ADDITION $5.4 MILLION (CPA)

MSU-BILLINGS TECH BUILDING ADDITION $5 MILLION (CPA)

 

     NEW SECTION.  SECTION 4.  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 5.  CAPITAL PROJECTS -- CONTINGENT FUNDS. (1) EXCEPT AS PROVIDED IN SUBSECTION (2), IF A CAPITAL PROJECT IS FINANCED IN WHOLE OR IN PART WITH APPROPRIATIONS CONTINGENT ON THE RECEIPT OF FUNDING FROM ANOTHER FUNDING SOURCE, THE DEPARTMENT OF ADMINISTRATION MAY NOT LET THE PROJECT GO TO BID UNTIL THE AGENCY RECEIVING FUNDING HAS SUBMITTED A FINANCIAL PLAN FOR APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION.

     (2) A FINANCIAL PLAN MAY NOT BE APPROVED BY THE DIRECTOR IF:

     (A) THE LEVEL OF FUNDING PROVIDED UNDER THE FINANCIAL PLAN DEVIATES SUBSTANTIALLY FROM THE FUNDING LEVEL PROVIDED IN [SECTION 3] FOR THAT PROJECT; OR

     (B) THE SCOPE OF THE PROJECT IS SUBSTANTIALLY ALTERED OR REVISED FROM THE PRELIMINARY PLANS PRESENTED FOR THAT PROJECT IN THE 2019 BIENNIUM LONG-RANGE BUILDING PROGRAM AND AS PRESENTED TO THE 65TH LEGISLATURE.

 

     NEW SECTION.  SECTION 6.  REVIEW BY DEPARTMENT OF ENVIRONMENTAL QUALITY. THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL REVIEW CAPITAL PROJECTS AUTHORIZED IN [SECTION 3] 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, THE 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, WITH THE AMOUNT DEPENDENT ON THE ANNUAL UTILITY SAVINGS RESULTING FROM THE FACILITY IMPROVEMENT. AGENCIES MUST BE NOTIFIED OF POTENTIAL FUNDING AFTER THE REVIEW.

 

     NEW SECTION.  Section 7.  Authorization of bonds -- appropriations -- 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 subsection (3) in addition to the amount of general obligation bonds outstanding on January 1, 2017.

     (2) The bonds under 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) On [the effective date of this act], the board of examiners is authorized to issue and sell up to $33.4 $68.8 million in general obligation bonds and deposit the proceeds as follows:

     (A) $35.4 MILLION OF THE PROCEEDS FROM THE BONDS SOLD UNDER THIS SECTION MUST BE DEPOSITED IN THE CAPITAL PROJECTS ACCOUNT PROVIDED FOR IN 17-5-803 AND 17-5-804;

     (a)(B) $9.6 million of the proceeds from the bonds sold under this section must be deposited in the state and local infrastructure account provided for in [section 1(1)] [SECTION 2(1)] and $8.2 million is appropriated from the account, for the biennium beginning July 1, 2017, to the department of natural resources and conservation for projects listed in House Bill 6 and $1.4 million is appropriated from the account, for the biennium beginning July 1, 2017, to the department of natural resources and conservation for projects listed in House Bill 7; and

     (b)(C) $23.8 million of the proceeds from the bonds sold under this section must be deposited in the state and local infrastructure account provided for in [section 1(2)] [SECTION 2(2)]. A total of $8.8 million is appropriated, for the biennium beginning July 1, 2017, from the account to the department of commerce for projects listed in House Bill 11. The remaining $15 million is for the quality schools facility grant program grants as set forth in [section 3] [SECTION 9].

     (4) Any EXCEPT FOR THE AUTHORIZATION TO BOND THE CAPITAL PROJECTS LISTED IN SUBSECTION (3)(A), ANY outstanding authorization to bond in subsection (3) expires June 30, 2019.

 

     NEW SECTION.  SECTION 8.  AUTHORIZATION OF BONDS -- STATE VETERANS' HOME IN SOUTHWESTERN MONTANA. (1) UPON PASSAGE AND APPROVAL OF [THIS ACT], IN ADDITION TO THE AMOUNT OF GENERAL OBLIGATION BONDS OUTSTANDING ON JANUARY 1, 2017, AND AUTHORIZED UNDER [SECTION 7(3)], THE BOARD OF EXAMINERS IS AUTHORIZED TO ISSUE AND SELL UP TO $10 MILLION IN GENERAL OBLIGATION BONDS IN ONE OR MORE SERIES IN ACCORDANCE WITH TITLE 17, CHAPTER 5, PART 8, FOR THE PURPOSE OF FUNDING THE CONSTRUCTION AND ASSOCIATED COSTS OF THE STATE VETERANS' HOME IN SOUTHWESTERN MONTANA.

     (2) THE PROCEEDS OF THE BONDS AUTHORIZED IN SUBSECTION (1) MUST BE DEPOSITED INTO THE CAPITAL PROJECTS ACCOUNT AND APPROPRIATED TO THE DEPARTMENT OF ADMINISTRATION TO BE USED FOR THE CONSTRUCTION OF THE STATE VETERANS' HOME IN SOUTHWESTERN MONTANA.

     (3) IF FEDERAL GRANT FUNDS FOR THE CONSTRUCTION OF THE VETERANS' HOME ARE RECEIVED PRIOR TO THE BONDS BEING ISSUED, THE AUTHORITY TO ISSUE BONDS AS PROVIDED FOR IN SUBSECTION (1) IS EXTINGUISHED IN AN AMOUNT EQUAL TO THE FEDERAL GRANTS RECEIVED.

     (4) IF FEDERAL GRANT FUNDS FOR THE CONSTRUCTION OF THE VETERANS' HOME ARE RECEIVED AFTER THE BONDS ARE ISSUED, THE FEDERAL GRANT FUNDS MUST BE DEPOSITED AND APPLIED TO DEBT SERVICE OBLIGATIONS ASSOCIATED WITH THE CONSTRUCTION OF THE STATE VETERANS' HOME IN SOUTHWESTERN MONTANA.

 

     NEW SECTION.  Section 9.  Quality schools facility grant program -- appropriation. (1) The department of commerce is appropriated up to $15 million from the state and local infrastructure account established in [section 1(2)] [SECTION 2(2)] to be used to fund quality schools facility program grants authorized by this section for the biennium beginning July 1, 2017.

     (2) The funds appropriated in subsection (1) must be used by the department to make grants to the public school districts listed in subsection (3) for the described purposes and in amounts not to exceed the amounts set out in subsection (3). The appropriation is subject to the conditions set forth in 90-6-812 and described in the quality schools facility grant program 2019 biennium report to the 65th legislature. The department shall commit funds to projects listed in subsection (3), up to the amounts authorized, based on the manner of disbursement set forth in subsections (4) and (5), until the funds appropriated to finance grants in subsection (1) are expended.

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

Applicant/Project     Grant Amount

1. St. Ignatius K-12 (building repair)     $680,511

2. Grass Range ELE (asbestos abatement)     $55,631

3. Miles City ELE (fire system upgrades)     $352,834

4. Libby K-12 (heating and ventilation repair)     $1,075,000

5. Custer County HS (drainage and roof upgrades)     $953,576

6. Grass Range HS (fire system upgrades)     $77,183

7. Wolf Point HS (storm drain system upgrades)     $918,600

8. Polson ELE (replace boiler and system)     $1,224,679

9. Geraldine K-12 (replace unsafe seating)     $75,000

10. Arlee ELE (replace boiler)     $694,157

11. Livingston ELE (energy and infrastructure improvement)     $665,000

12. Rosebud K-12 (water system improvements)     $174,300

13. Park City ELE (replace roof)     $562,396

14. Cascade ELE (heating system repairs)     $421,120

15. Noxon ELE (heating and ventilation replacement and deferred maintenance)     $490,011

16. Ashland ELE (replace roof)     $1,013,000

17. Troy ELE (heating and ventilation upgrades)     $395,000

18. Troy HS (heating and ventilation upgrades)     $395,000

19. Lodge Grass HS (electrical system improvements)     $459,000

20. Billings HS (heating, ventilation, and lighting repairs and replacement)     $1,558,988

21. Trout Creek ELE (foundation and flooring repairs)     $102,600

22. Superior K-12 (heating and ventilation upgrades)     $526,851

23. Lockwood ELE (repair and replace roofing)     $542,003

24. Centerville ELE (security upgrades)     $770,603

25. Kalispell ELE (infrastructure and energy upgrades)     $483,680

26. Shields Valley ELE (replace boiler)     $458,311

27. Lavina K-12 (replace boiler)     $365,126

28. Belt ELE (ventilation system upgrades)     $531,550

29. St. Regis K-12 (safety and security improvements)     $538,196

30. Stevensville ELE (replace boilers and system upgrades)     $879,801

31. Havre HS (ventilation system upgrades)     $525,000

32. Anaconda HS (replace boilers and system upgrades)     $1,800,738

33. Forsyth HS (heating and ventilation upgrades)     $263,073

34. Stevensville HS (replace boilers and system upgrades)     $1,064,057

35. Sun River Valley (Simms HS) (addition and remodel)     $898,262

36. Kalispell HS (infrastructure and energy upgrades)     $1,574,235

37. Drummond HS (retaining wall improvements)     $193,600

38. Rocky Boy HS (replace air handler)     $763,620

39. Frenchtown K-12 (window replacement and improvements)     $426,408

40. Laurel ELE (heating and ventilation upgrades)     $632,000

41. Stanford K-12 (ventilation system upgrades)     $413,040

42. Hamilton K-12 (building envelope improvements)     $833,216

43. Hays Lodge Pole K-12 (life safety, health compliance, electrical, and mechanical improvements)

          $4,025,500

44. Roundup HS (replace boiler)     $503,500

45. Wibaux K-12 (demolish and construct new building)     $3,729,823

46. Power HS (kitchen and cafeteria remodel)     $600,650

47. Butte ELE (ventilation system upgrades)     $374,751

48. Fort Benton HS (technology upgrades)     $67,472

49. Clinton ELE (energy conservation improvements)     $313,784

50. Terry K-12 (deferred maintenance and improvements to schools)     $120,000

     (4) The maximum amount of a grant for a project under this section is $1.225 million.

     (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) Grants to recipients listed in subsection (3) that have not completed all of the conditions described in 90-6-812 by September 30, 2018, will be reconsidered by the department of commerce. The department of commerce may withdraw the grant.

 

     NEW SECTION.  Section 10.  Approval of grants -- completion of biennial appropriation. The legislature, pursuant to 90-6-809 and 90-6-810, approves the quality schools facility grants listed in [section 3] [SECTION 9]. The authorization of these grants constitutes a biennial appropriation from the state and local infrastructure account established in [section 1(2)] [SECTION 2(2)].

 

     NEW SECTION.  Section 11.  Condition of grants -- disbursement of funds. The disbursement of grant funds for the projects specified in [section 3(3)] [SECTION 9(3)] is subject to the conditions set forth in 90-6-812.

 

     SECTION 12.  SECTION 5, CHAPTER 324, LAWS OF 2011, IS AMENDED TO READ:

     "Section 5. Capital project appropriations. (1) There is appropriated $4,812,500 up to $5,293,750 from state special revenue account established in section 2, Chapter 461, Laws of 2009, to the department of administration for the southwestern Montana veterans' home project.

     (2) There is appropriated $8,937,500 $10,000,000 from the federal special revenue fund to the department of administration for the southwestern Montana veterans' home project.

     (3) The department of administration is authorized to transfer the appropriations in subsections (1) and (2) among the necessary fund types for this project."

 

     NEW SECTION.  Section 13.  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.

 

     COORDINATION SECTION.  Section 14.  Coordination instruction. (1) If House Bill 6 is not passed and approved, then the total amount of bonding authorized in [section 2(3) of this act] [SECTION 7(3) OF THIS ACT] is reduced by $8.2 million and [section 2(3)(a) of this act] [SECTION 7(3)(B) OF THIS ACT] must be replaced with the following language:

     "(a)(B) $1.4 million of the proceeds from the bonds sold under this section must be deposited in the state and local infrastructure account provided for in [section 1(1)] [SECTION 2(1)] and this amount is appropriated from the account, for the biennium beginning July 1, 2017, to the department of natural resources and conservation for projects listed in House Bill 7."

     (2) If House Bill 7 is not passed and approved, then the total amount of bonding authorized in [section 2(3) of this act] [SECTION 7(3) OF THIS ACT] is reduced by $1.4 million and [section 2(3)(a) of this act] [SECTION 7(3)(B) OF THIS ACT] must be replaced with the following language:

     "(a)(B) $8.2 million of the proceeds from the bonds sold under this section must be deposited in the state and local infrastructure account provided for in [section 1(1)] [SECTION 2(1)] and this amount is appropriated from the account, for the biennium beginning July 1, 2017, to the department of natural resources and conservation for projects listed in House Bill 6."

     (3) If neither House Bill 6 nor House Bill 7 is passed and approved, then the total amount of bonding authorized in [section 2(3) of this act] [SECTION 7(3) OF THIS ACT] is reduced by $9.6 million and [section 2(3)(a) of this act] [SECTION 7(3)(B) OF THIS ACT] must be stricken.

     (4) If House Bill 11 is not passed and approved, then the total amount of bonding authorized in [section 2(3) of this act] [SECTION 7(3) OF THIS ACT] is reduced by $8.8 million and [section 2(3)(b) of this act] [SECTION 7(3)(C) OF THIS ACT] must be replaced with the following language:

     "(b)(C) $15 million of the proceeds from the bonds sold under this section must be deposited in the state and local infrastructure account provided for in [section 1(2)] [SECTION 2(2)] and this amount is appropriated from the account, for the biennium beginning July 1, 2017, to the department of commerce for the quality schools facility grant program grants as set forth in [section 3] [SECTION 9]."

 

     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.  Creation of state debt -- two-thirds vote required. Because [section 2] [SECTIONS 7 AND 8] authorizes AUTHORIZE the creation of state debt, Article VIII, section 8, of the Montana constitution requires a vote of two-thirds of the members of each house of the legislature for passage.

 

     NEW SECTION.  Section 17.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 645 (HB0645.02)
Processed for the Web on March 29, 2017 (8:06pm)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.

See the status of this bill for the bill's primary sponsor.

 Status of this Bill | 2017 Legislature | Leg. Branch Home
All versions of all bills (PDF format)
Authorized print version of this bill w/line numbers (PDF format)
[
NEW SEARCH ]

Prepared by Montana Legislative Services
(406) 444-3064