69-8-702. Funding of consumer electricity support program. (1) Up to $100 million each year from the revenue derived from the electrical energy excess revenue tax imposed by [sections 1 through 10 of Senate Bill No. 512, which was not passed by the legislature] must be transferred from the general fund into the consumer electricity support account.
     (2) Pursuant to rules adopted by the department of administration under 69-8-701, at least 80% of the money in the account must be used to promote price stability of the supply of electrical energy in Montana:
     (a) for default customers of a public utility that has submitted a transition plan pursuant to parts 1 through 5 of this chapter on or before July 1, 2001; and
     (b) for customers that chose an electrical energy supplier as provided in Title 69, chapter 8, part 2.
     (3) Pursuant to rules adopted by the department of administration under 69-8-701, the amount remaining in the account after promoting price stability of the supply of electrical energy under subsection (1) of this section may be used for the following purposes:
     (a) assisting in the recruitment of new employers with 100 employees or more and in the promotion of the expansion of employment by 100 employees or more by existing employers who need a reasonable and stable supply of electrical energy;
     (b) funding universal system benefits programs provided for in this chapter;
     (c) providing low-interest loans for new transmission facilities or for improvements to existing transmission facilities;
     (d) providing low-interest loans for the construction of new temporary or permanent electrical generation facilities and for the expansion of the net generation capacity of existing electrical generation facilities. The electrical generation facilities referred to in this subsection must have an electrical generation capacity of 60 megawatts or less.
     (4) In adopting rules, the department of administration shall consult with the commission and the consumer counsel. The department may contract with the commission for the administration of portions of the program.
     (5) The funds deposited in the account under this section but not expended for the purposes established in this section must be transferred to the general fund after the end of each biennium.
     (6) The money in the state special revenue account is statutorily appropriated, as provided in 17-7-502, for the purposes of this part.

     History: En. Sec. 19, Ch. 577, L. 2001.