90-6-710. Priorities for projects -- procedure -- rulemaking. (1) The department of commerce must receive proposals for projects from local governments as defined in 90-6-701(3)(b). 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. The department shall prepare and submit a list containing the recommended projects and the recommended form of financial assistance for each project to the governor, prioritized pursuant to subsection (2). The governor shall review the projects recommended by the department and shall submit a list of recommended projects and the recommended financial assistance to the legislature.
     (2) In preparing recommendations under subsection (1), preference must be given to projects based on the following order of priority:
     (a) projects that solve urgent and serious public health or safety problems;
     (b) projects that enable local governments to meet state or federal health or safety standards;
     (c) projects that incorporate appropriate, cost-effective technical design and that provide thorough, long-term solutions to community public facility needs;
     (d) projects that result in a benefit to the public commensurate with the amount of financial assistance. However, the benefit to the public may not be measured by population alone.
     (e) projects that reflect greater need for financial assistance than other projects;
     (f) projects that enable local governments to obtain funds from sources other than the funds provided under this part;
     (g) projects that provide long-term, full-time job opportunities for Montanans;
     (h) projects that provide public facilities necessary for the expansion of a business that has a high potential for financial success;
     (i) projects that maintain the tax base or that do not discourage expansion of the tax base; and
     (j) 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.

     History: En. Sec. 6, Ch. 3, Sp. L. January 1992; amd. Sec. 3, Ch. 432, L. 1993.