House Bill No. 118

Introduced By grady

By Request of the Department of Environmental Quality

A Bill for an Act entitled: "An Act providing that certain procurement statutes regarding state buildings and construction do not apply to environmental remediation and abandoned mine reclamation projects; amending section

18-2-101, MCA; and providing an immediate effective date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 18-2-101, MCA, is amended to read:

"18-2-101.   Definitions of building, costs, and construction. In part 1 of this chapter, with the exception of 18-2-104, 18-2-107, 18-2-113, 18-2-114, and 18-2-122:

(1)  "building" includes a building, facility, or structure:

(a)  constructed or purchased wholly or in part with state money;

(b)  at a state institution;

(c)  owned or to be owned by a state agency, including the department of transportation;

(d)  constructed for the use or benefit of the state with federal or private money as provided in 18-2-102(2)(d);

(2)  "building" does not include a building, facility, or structure:

(a)  owned or to be owned by a county, city, town, school district, or special improvement district;

(b)  used as a component part of an environmental remediation or abandoned mine land reclamation project, a highway project, or a water conservation project, UNLESS THE BUILDING WILL REQUIRE A CONTINUING STATE FINANCIAL OBLIGATION AFTER THE ENVIRONMENTAL REMEDIATION OR ABANDONED MINE LAND RECLAMATION PROJECT IS COMPLETED;

(c)  leased or to be leased by a state agency;

(3)  "construction" includes the construction, alteration, repair, maintenance, and remodeling of a building and the equipping and furnishing of a building during construction, alteration, repair, maintenance, and remodeling;

(4)  "costs" means those expenses defined in 17-5-401 and 17-5-801."

NEW SECTION. Section 2.  Effective date. [This act] is effective on passage and approval.