HOUSE BILL NO. 5

INTRODUCED BY M. MCCANN

BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION AND THE GOVERNOR

A BILL FOR AN ACT ENTITLED: "AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2001; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; 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 9], unless otherwise stated, the following definitions apply:

(1) "Capital project" means the acquisition of land or improvements or the planning, capital construction, renovation, furnishing, or major repair projects authorized in [sections 1 through 9].

(2) "LRBP" means the long-range building program account in the capital projects fund type.

(3) "Other funding sources" means money other than LRBP money, including special revenue fund money, that accrues to an agency under the provisions of law.

NEW SECTION. Section 2. Capital projects appropriations. (1) The following money is appropriated for the indicated capital projects from the indicated sources to the department of administration, which is authorized to transfer the appropriated money among the necessary fund types for these projects:

Agency/Project	LRBP	Other Funding Sources

DEPARTMENT OF ADMINISTRATION

Health and Safety Projects, Statewide	$ 250,000	Auxiliary

$730,000

Hazardous Material Remediation, Statewide	300,000

Roof Replacements or Repairs, Statewide

521,000

Facility Assessments, Statewide	50,000	State Special Revenue

100,000

100,000	Federal Special Revenue

50,000	Auxiliary

Capital Renovation

1,000,000	Capitol Land Grant Revenue

Renovate Haynes Gallery Area,

Historical Society	1,000,000	Donations

DEPARTMENT OF CORRECTIONS

Expand Women's Prison, MWP	6,475,000	Federal Special Revenue

Missoula Regional Correctional Facility

Supplemental	526,497	Federal Special Revenue

Construct Reception Unit, MSP	5,500,000	Federal Special Revenue

170,000	General Fund

DEPARTMENT OF FISH, WILDLIFE AND PARKS

Bluewater Hatchery Renovations	200,000	State Special Revenue

Construct Fort Peck Fish Hatchery	14,640,000	Federal Special Revenue

DEPARTMENT OF MILITARY AFFAIRS

Construct New Armory, Kalispell	Federal Special Revenue

3,900,000

Construct New Armory, Bozeman	Federal Special Revenue

4,600,000

MONTANA UNIVERSITY SYSTEM

Sprinkle Library, UM-Missoula	657,000

Ventilate and Update Fine

Arts Building, UM-Missoula	450,000

Boiler Upgrade and Ventilation, UM-Tech	120,000	Auxiliary

530,000

Maintain HVAC Systems, MSU-Billings

and COT-Billings	500,000

Replace Steam Distribution Piping, UM-Dillon	800,000	400,000	Auxiliary

Upgrade Boiler Controls, UM-Missoula	125,000	100,000	Auxiliary

Roof Replacements or Repairs,

University System

1,591,000

Maintain Main Hall Exterior, UM-Dillon	225,000

Renovate Cowan Hall, MSU-Northern

511,000

Addition to Paxson Gallery, UM-Missoula	2,500,000	Higher Education Funds, Federal, Donations, Grants, Plant Funds

Applied Technology Center Feasibility Study,

MSU-Northern	$50,000

Construct Nondenominational

Chapel, UM-Tech	1,500,000	Donations

Forestry/Journalism Addition, UM-Missoula	10,000,000	Federal, Donations, Grants, Plant Funds

Native American Study Center, UM-Missoula	3,500,000	Higher Education Funds, Federal, Donations, Grants, Plant Funds

Rural Technology Education Center, UM-Dillon	Higher Education Funds,

350,000	Federal, Donations, Grants, Plant Funds

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

Lincoln Unit Office/Quarters and

Clearwater Egress	125,000

DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES

Sprinkle MMHNCC, Lewistown	300,000

Construct Special Care Unit,

Montana Veterans' Home

State Special Revenue

1,179,374

Improve Eastern Montana Veterans' Home	290,250	State Special Revenue

Improve Montana Veterans' Home	187,530	State Special Revenue

DEPARTMENT OF TRANSPORTATION

Construct Equipment Storage Buildings

and Roof Replacement at Helena

Headquarters, Statewide	2,100,000	Highways State Special Revenue

Construct Core Drilling Building, Helena	1,000,000	Highways State Special Revenue

(2) In the event one or both of the national guard armories located in Bozeman and Whitefish, Montana, and approved in House Bill No. 14 for replacement are sold prior to construction of the new Bozeman and Kalispell armories, the proceeds of the sale that were deposited to the general fund are appropriated for replacement construction up to a maximum of $4,000,000 and the bond authority in House Bill No. 14 is reduced by a like amount.

(3) The department of public health and human services is seeking federal funds for use in the construction of the special care unit, Montana veterans' home. If federal funds become available for this purpose, the department shall reimburse funds from the state special revenue account used to build the new unit. The total amount approved for the project from all sources is $1,179,374.

(4) (a) The 56th legislature authorizes four department of corrections' capital construction projects in the 2001 biennium. Funding for the projects is contained in House Bill No. 14 and subsection (1) of this section. The total project cost and the authorized funding for each project are as follows:

(i) $9,375,000 for the women's prison expansion in Billings, funded by $2,900,000 of general obligation bond proceeds authorized in House Bill No. 14 and by $6,475,000 of federal funds appropriated in subsection (1) of this section;

(ii) $2,225,000 for completing the Pine Hills youth correctional facility in Miles City, funded from general obligation bond proceeds authorized in House Bill No. 14;

(iii) $6,050,000 to construct a reception unit at Montana state prison in Deer Lodge, funded by $550,000 of general obligation bond proceeds authorized in House Bill No. 14 and by $5,500,000 of federal funds appropriated in subsection (1) of this section; and

(iv) $3,000,000 for security improvements and expanding the Wallace building at Montana state prison in Deer Lodge, funded from general obligation bond proceeds authorized in House Bill No. 14.

(b) The 56th legislature notes that approximately $8,714,600 of federal department of justice funds are anticipated to become available for capital construction projects for the department of corrections in the 2001 biennium. It is the intent of the 56th legislature that the federal funds be used to the maximum extent possible. It is further the intent of the 56th legislature that the priority for using these federal funds is:

(i) up to $6,475,000 for the women's prison expansion project, line-itemed in subsection (1);

(ii) up to $526,497 for the Missoula regional correctional facility supplemental; and

(iii) up to $5,500,000 for the construction of the reception unit at Montana state prison, line-itemed in subsection (1).

(5) The appropriation for the Fort Peck fish hatchery in subsection (1) is contingent upon passage and approval of House Bill No. 20.

(6) The 56th legislature authorizes the construction of the rural technology education center at western Montana college of the university of Montana at a total project cost of $4,520,000. Subsection (1) of this section contains $350,000 in other revenue authority for this project, and House Bill No. 14 contains $4,170,000 in general obligation bond authority for this project. In the event that other additional funds become available for this project during its construction, the general obligation bond authority in House Bill No. 14 must be reduced by a like amount and other revenue authority is increased by a like amount in subsection (1) of this section for the same purpose.

NEW SECTION. Section 3. Land acquisition appropriation. The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for purposes of land acquisition, land leasing, easement purchase, or development agreement:

Agency/Project	LRBP	Other Funding Sources

Habitat Montana	$4,375,000	State Special Revenue

Fishing Access Site Acquisitions, Statewide	630,000	State Special Revenue

Bighorn Sheep Program	425,000	State Special Revenue

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:

Agency/Project	LRBP	Other Funding Sources

State Park Roads	1,500,000	State Special Revenue

Future Fisheries Improvements	1,470,000	State Special Revenue

Cultural and Historic Parks	State Special Revenue

1,200,000

Wildlife Habitat Maintenance	825,000	State Special Revenue

Statewide Hatchery Maintenance	400,000	State Special Revenue

Administrative Facilities Repairs and Maintenance	829,650	State Special Revenue

Motorboat Recreation Parks	1,355,000	State Special Revenue

Federal Special Revenue

950,000

Lewis and Clark Bicentennial	275,000	State Special Revenue

Capitol Complex Irrigation and Landscape	225,000	Capitol Land Grant Revenue

Fishing Access Site Protection, Statewide	700,000	State Special Revenue

75,000	Federal Special Revenue

Waterfowl Stamp Program	263,000	State Special Revenue

Fishing Access Site Maintenance	325,000	State Special Revenue

Brewery Flats Completion	70,000	Federal Special Revenue

Tongue River Mitigation Inflation Indexing	275,000	State Special Revenue

(2) The following money is appropriated to the department of military affairs in the indicated amounts for the purpose of making capital improvements to statewide facilities:

Agency/Project	LRBP	Other Funding Sources

Federal Spending Authority	800,000	Federal Special Revenue

Washrack Waste Mitigation, Statewide	200,000	Federal Special Revenue

Secondary Containment Structures, Statewide	300,000	Federal Special Revenue

Construct Eastern Montana Veterans' Cemetery, Phase II

Federal Special Revenue

1,100,000

(3) The following money is appropriated to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities:

Agency/Project	LRBP	Other Funding Sources

General Spending Authority, UM	3,500,000	Higher Education Funds, Grants, Donations, Plant Funds

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

Agency/Project	LRBP	Other Funding Sources

Minor Maintenance and Improvements, Statewide	1,350,000	Highways State Special Revenue

(5) It is the intent of the 56th legislature that $100,000 of the line item for state parks roads in subsection (1) be reserved for significant occurrences because of hunting. The department of fish, wildlife, and parks shall report to the 57th legislature if and how the reserved funds were expended.

(6) It is the intent of the 56th legislature that the department of fish, wildlife, and parks spend no more than $50,000 for a feasibility study for the construction of the Miles City maintenance facility from the line item for administrative facilities repairs and maintenance in subsection (1). It is further intended that funds may not be expended for this purpose until other alternatives have been explored.

NEW SECTION. Section 5. Transfer of funds. The department of fish, wildlife, and parks is authorized to transfer money appropriated in [sections 1 through 4] among fund types.

NEW SECTION. Section 6. 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 7. Capital projects -- contingent funds. If a capital project is financed, in whole or in part, with appropriations contingent upon the receipt of other funding sources, the department of administration may not let the projects for bid until the agency has submitted a financial plan for approval by the director of the department of administration. A financial plan may not be approved by the director if:

(1) the level of funding provided under the financial plan deviates substantially from the funding level provided in [sections 1 through 4] 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 2001 biennium long-range building program presented to the 56th legislature.

NEW SECTION. Section 8. Agreement with department of environmental quality. The department of environmental quality shall review capital projects authorized in [sections 2 through 4] for potential inclusion in the state energy conservation program. When review shows a capital project will result in energy improvements, that project must be submitted to the energy conservation program for cofunding consideration. Cofunding provided under the energy conservation program guidelines must be used to offset or add to the authorized funding for the project, and the amount will be dependent on the annual utility savings resulting from the facility improvement. Agencies must be notified of potential cofunding after the review.

NEW SECTION. Section 9. Legislative consent. The appropriations authorized in [sections 1 through 8] constitute legislative consent for the capital projects contained in [sections 1 through 8] within the meaning of 18-2-102.

NEW SECTION. Section 10. 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 11. Effective date. [This act] is effective on passage and approval.

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