_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the Office of Budget and Program Planning
A BILL FOR AN ACT ENTITLED: “AN ACT generally revising laws related to capital development projects; APPROPRIATING MONEY FOR MAJOR REPAIR AND CAPITAL DEVELOPMENT PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2022; EXTENDING ALLOCATION OF SALES TAX ON ACCOMMODATIONS AND CAMPGROUNDS TO CAPITAL PROJECTS ACCOUNT; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE STATE GENERAL FUND TO THE LONG-RANGE BUILDING PROGRAM MAJOR REPAIR AND CAPITAL DEVELOPMENT ACCOUNTS; providing definitions; PROVIDING FOR AN APPROPRIATION FROM THE MONTANA HERITAGE CENTER ACCOUNT; PROVIDING AN APPROPRIATION; AMENDING SECTIONS 15-68-820 AND 22-3-1303, MCA; Amending section 2, chapter 422, laws of 2019; 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 stated, 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, nonstate funds, and university funds.
(2) “Major repair” means capital projects provided for in 17-7-201(7).
(3) “Capital development” means capital projects provided for in 17-7-201(2).
(4) "Capital project" means the planning, design, renovation, construction, alteration, replacement, furnishing, repair, improvement, site, utility, or land acquisition project provided for in [sections 1 through 11]. (5) "LRBP major repair" or "LRBP MR" means the long-range building program major repair account in the capital projects fund type provided for in 17-7-221.
(6) "LRBP capital development" means the long-range building program capital development account in the capital projects fund type provided for in 17-7-209.
(7) "Other funding sources" means money other than LRBP money, state special revenue, or federal special revenue that accrues to an agency under the provisions of law.
(8) “SBECP” means funds from the state building energy conservation program account in the capital projects fund type which may be utilized on either or both major repair and capital development projects.
NEW SECTION. Section 2. Major repair projects appropriations and authorizations. (1) The following money is appropriated to the department of administration for the indicated major repair projects from the indicated sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of administration is authorized to adjust capital project amounts within the legislative intent of the major repair account-funded projects, subject to available revenues, if approved by the office of budget and program planning, and transfer the appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
MR Special Special Only
Fund Revenue Revenue Sources
OPI MT Learning Center Civil Infrastructure Upgrades
300,000 300,000
MT Tech Heating System Upgrades Phase 1
2,480,000 2,480,000
UM FLBS Sewer Treatment Plant
1,750,000 1,750,000
MSU Reid Hall Fire System Upgrades
1,700,000 1,700,000
UM Urey Lecture Hall Roof
350,000 350,000
MSDB Upgrade Sprinkler System in Bitterroot Building
150,000 150,000
MSP Unit F Boiler System / Controls
230,000 230,000
UM Mansfield Library Roof Replacement
1,200,000 1,200,000
MSU Haynes Hall Lab Ventilation Upgrades
1,600,000 1,600,000
MT Tech Fire Alarm Upgrades
200,000 200,000
MSDB Sprinkler Systems—Mustang Center and Dining Room
150,000 150,000
MSU Montana Hall Fire System Upgrades
455,000 455,000
MSU BLGS Art Annex Safety and System Upgrades
1,200,000 1,200,000
UM-HC Donaldson Building HVAC Upgrades
1,000,000 1,000,000
UM-W Heating System Replacement and Repair
2,495,000 2,495,000
UM Stone Hall Roof Replacement
400,000 400,000
MSU-N Vande Bogart Library Roof Replacement
325,000 325,000
DMA Great Falls AFRC Roof Replacement
204,350 613,050 817,400
DOC MSP Replace Fixtures—Cell Combo Units on High Side Units
1,013,480 1,013,480
DMA Kalispell AFRC Roof Replacement
357,496 642,104 999,600
DMA Lewistown RC Roof Replacement
91,500 91,500 183,000
DPHHS MSH Foundation Repair
200,000 200,000
MSU Lewis Hall Roof Replacement
1,600,000 1,600,000
DPHHS MSH Roof Replacement Main Building
600,000 600,000
MSU-N Auto Tech Building System Improvements
535,000 535,000
DOC Finalize Departmental Master Plan
575,000 575,000
MSDB Card Lock System
120,000 120,000
UM Clapp Building Elevator Modernization
300,000 300,000
MSDB Replace Lift in Bitterroot Building
80,000 80,000
DPHHS MMHNCC Roof Replacement
550,000 550,000
DMA Billings AFRC Backup Generator
213,500 640,500 854,000
DMA Libby RC Loading Ramp Expansion
38,125 114,375 152,500
MSDB Replace Roof on Cottage Buildings
530,000 530,000
DOC PHYCF Door Control Systems
350,000 350,000
DOC MWP Door Control System
520,000 520,000
UM-W Roof Replacements
450,000 450,000
MT Tech Roof Replacements
800,000 800,000
DOC Xanthopolous Building Door Control System
350,000 350,000
MSU-N Brockmann Center HVAC and Energy Project
855,000 855,000
DNRC Swan Unit Office Siding and House Wrap
210,000 210,000
DNRC Stillwater Unit Shop Remodel
50,000 50,000
DPHHS MMHNCC New Flooring D-Wing
174,262 174,262
DPHHS MVH SCU Courtyard, Columbia Falls
75,000 75,000
State special revenue funds consist of cigarette taxes provided for in 16-11-119.
DPHHS MVH Roof Resurface, Columbia Falls
144,000 144,000
State special revenue funds consist of cigarette taxes provided for in 16-11-119.
DPHHS EMVH Facia Replacement, Glendive
200,000 200,000
State special revenue funds consist of cigarette taxes provided for in 16-11-119.
DPHHS MVH Building Major Maintenance, Columbia Falls
117,000 117,000
State special revenue funds consist of cigarette taxes provided for in 16-11-119.
DOA VRF Piping Replacement, Scott Hart Building
900,000 900,000
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Executive Residence Renovation
440,500 440,500
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Capitol Weatherization Phase 1
1,440,000 1,440,000
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Roof Replacement—111 North Sanders
418,600 418,600
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Mechanical Upgrade—5 South Last Chance Gulch
594,500 594,500
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Mechanical Upgrade—2800 Airport Rd, FWP Hangar
1,306,272 1,306,272
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Elevator Modifications—1401 East 6th, Cogswell
580,000 580,000
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Boiler/Chiller Replacement—1315 East Lockey
442,250 442,250
State special revenue funds consist of capital land grant funds provided for in 18-2-107.
DOA Capitol Complex, Campus-wide Facilities Repairs and Maintenance
800,000 800,000
State special revenue funds consist of capital land grant funds provided for in 18-2-107. Funds may be used as determined by the department for energy savings, repairs, and non-routine maintenance needs.
(2) State special revenue fund appropriations to the department of administration from the capital land grant fund may be adjusted among the indicated capital projects within the legislative intent, subject to available revenue, if approved by the office of budget and program planning.
(3) The following money is appropriated to the department of military affairs for the indicated major repair projects from the indicated sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of military affairs is authorized to transfer the appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
MR Special Special Only
Fund Revenue Revenue Sources
Ft. Harrison Building 530 Roof Replacement
244,000 244,000
Post Engineers Remodel 473,850 473,850
Billings FMS Compound Fencing 99,450 99,450
FTH Range Vault Latrines 99,450 99,450
AASF Waste Tanks 137,250 137,250
Helena FMS MEP Rigid Concrete Paving Expansion
434,625 434,625
LSH Concrete Loading Ramp 122,000 122,000
Missoula FMS Rigid Concrete Paving 106,750 106,750
NEW SECTION. Section 3. Capital development projects appropriations and authorizations. (1) The following money is appropriated to the department of administration for the indicated capital development projects from the indicated sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of administration is authorized to transfer the appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
MT Tech Heating System Upgrades Phase 2
3,520,000 3,520,000
DMA Butte Readiness Center
801,249 2,195,751 2,997,000
Capital development funds are an increase to the 5,000,000 of general obligation bonds, and the federal special revenue is an increase to 17,000,000, both approved in Chapter 476 of the Session Laws of 2019 for “Butte-Silver Bow County Armory”.
DMA Havre Unheated Storage Building
105,530 316,590 422,120
DMA Billings AFRC Unheated Storage Expansion
77,013 231,038 308,051
DOA State Health Lab Renovation, Capitol Complex 6,000,000 6,000,000
DOA Commodities Warehouse Expansion, Capitol Complex 1,779,230 1,779,230
MDT Terry 3-Bay ESB 400,000 400,000
MDT White Sulphur 8-Bay ESB
1,250,000 1,250,000
MDT Phillipsburg 5-Bay ESB
825,000 825,000
MDT Custer 5-Bay ESB 825,000 825,000
MDT Havre Welding Shop
400,000 400,000
MDT Billings Welding Shop/Tow Plow Storage
650,000 650,000
MDT Harlem 6-Bay ESB
915,000 915,000
MDT Remodel/Expand Yellowstone Airport
10,000,000 10,000,000
Federal special revenue is an increase to 13,500,000 approved in Chapter 422 of the Session Laws of 2019 for “MDT Remodel/Expand Yellowstone Airport Terminal”.
FWP Havre Area Office 1,760,000 500,000 2,260,000
FWP Montana Wild Avian Rehabilitation Building
600,000 600,000
UM Music Building Renovations 6,000,000 6,000,000
UM Rankin Hall Building Renovations 6,000,000 6,000,000
UM Mansfield Library Renovations 6,000,000 6,000,000
MSU Instructional Space Upgrades 2,000,000 2,000,000
MSU Renne Library Renovations 5,000,000 5,000,000
UM Montana Museum for Art and Culture 2,000,000 2,000,000
Authority only is an increase to 6,000,000 approved in Chapter 560 of the Session Laws of 2005 for “New Gallery Space, UM-Missoula”.
DOJ MLEA Scenario Training Building
3,851,475 3,851,475
(2) The following money is appropriated to the department of military affairs for the indicated capital development projects from the indicated sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of military affairs is authorized to transfer the appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DMA Ft. Harrison Barracks 6,000,000 6,000,000
DMA FTH Bldg 64 RTI Addition/Remodel
2,164,500 2,164,500
DMA FTH Bldg 1001 Draw Yard 811,980 811,980
DMA FTH Rail Head Yard 811,980 811,980
DMA LSHTA Barracks #1 2,164,500 2,164,500
NEW SECTION. Section 4. Capital improvement projects -- appropriations and authorizations. (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. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of fish, wildlife, and parks is authorized to transfer the appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Source
Future Fisheries 1,320,000 1,320,000
FAS Site Protection 2,050,000 400,000 2,450,000
Dam Maintenance 60,000 60,000
Community Fishing Ponds
200,000 200,000
Wildlife Habitat Maintenance
440,000 1,000,000 1,440,000
Forest Management 65,000 65,000
Migratory Bird Program 650,000 650,000
Upland Game Bird Enhancement Program
650,000 650,000
Smith River Corridor 200,000 200,000
Wildlife Habitat Improvement Program 2,000,000 2,000,000
Yellow Bay State Park Site Upgrade
1,200,000 1,200,000
Cedar Islands Infrastructure Upgrades
200,000 200,000
Hell Creek State Park
100,000 300,000 400,000
Administrative Facilities Repairs and Major Maintenance
1,762,150 500,000 2,262,150
Flathead Lake Recreation Access
4,959,000 2,900,000 7,859,000
Fish Connectivity 200,000 1,025,000 615,000 1,840,000
Home to Hunt Access 850,000 850,000
Interpretation and Exhibit Upgrades
500,000 500,000
Lewis and Clark Caverns
600,000 600,000
Lower Yellowstone Access
4,000,000 4,000,000
Shooting Ranges Statewide
250,000 2,250,000 2,500,000
Grant Programs 3,390,000 6,000,000 9,390,000
Diversified Lodging 500,000 500,000
Milltown SP 125,000 125,000 250,000
Fort Owen SP 390,000 390,000
Parks Maintenance 2,500,000 2,500,000
Hatchery Maintenance 7,600,000 7,600,000
(2) Authority is granted to the Montana university system for the purpose of making capital improvements to campus facilities, statewide. Authority only funds may include donations, grants, auxiliary funds, proprietary funds, nonstate funds, and university funds. All costs for the operations and maintenance of any improvements constructed under this authorization must be paid by the Montana university system from nonstate sources:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Source
General Spending Authority, MUS All Campuses 20,000,000 20,000,000
(3) The following money is appropriated to the department of military affairs in the indicated amount for the purpose of making capital improvements to statewide facilities. All costs for the operations and maintenance of any improvements constructed with these funds must be paid by the department of military affairs from nonstate sources:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
Federal Spending Authority 3,000,000 3,000,000
(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 as indicated:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Source
Maintenance, Repair, and Small Projects, Statewide
2,300,000 2,300,000
(5) The following money is appropriated to the department of environmental quality in the indicated amount from state building energy conservation funds for the purpose of making capital improvements as indicated:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Source
Energy Improvements, Statewide
3,700,000 3,700,000
State special revenue funds consist of state building energy conservation funds of the capital fund type.
NEW SECTION. Section 5. Land acquisition appropriations and authorizations. 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 agreements. The department of fish, wildlife, and parks is authorized to transfer the appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Source
FAS Acquisitions 280,000 280,000
Habitat Montana 9,550,000 2,000,000 11,550,000
Big Horn Sheep Habitat 320,000 320,000
NEW SECTION. Section 6. Planning and design. The department of administration may proceed with the planning and design of capital projects in [either or both sections 2 and 3] 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 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 project for bid until a financial plan and agreement with the agency has been approved by the director of the department of administration. A financial plan and agreement may not be approved by the director if:
(1) the level of funding and authorization provided under the financial plan and agreement deviates substantially from the funding level provided in [either or both sections 2 and 3] for that project; or
(2) the scope of the project is substantially altered or revised from the concept and intent for that project as presented to the 67th legislature.
NEW SECTION. Section 8. Review by department of environmental quality. The department of environmental quality shall review capital projects authorized in [either or both sections 2 and 3] for potential inclusion in the state building energy conservation program (SBECP) under Title 90, chapter 4, part 6. When a review shows that a capital project will result in energy or utility savings and improvements, that project must be submitted to the energy conservation program for funding consideration by the SBECP. Funding 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 capital project. Agencies must be notified of potential funding after the review and are obligated to utilize the SBECP funding, if available.
Section 9. Section 15-68-820, MCA, is amended to read:
"15-68-820. Sales tax and use tax proceeds. (1) Except as provided in subsections (2) through (6), all money collected under this chapter must, in accordance with the provisions of 17-2-124, be deposited by the department into the general fund.
(2) Twenty-five percent of the revenue collected on the base rental charge for rental vehicles under 15-68-102(1)(b) and 15-68-102(3)(a)(ii) must be deposited in the state special revenue fund to the credit of the senior citizen and persons with disabilities transportation services account provided for in 7-14-112.
(3) Until December 30, 2024 2025, a portion of the revenue collected on the sale or use of accommodations and campgrounds under 15-68-102 (1)(a) and (3)(a)(i) must be deposited as follows:
(a) 20% in the account established in 22-3-1303 for construction of the Montana heritage center; and
(b) 5% in the account established in 22-3-1307 for historic preservation grants.
(4) Starting January 1, 2025 2026, a portion of the revenue collected on the sale or use of accommodations and campgrounds under 15-68-102(1)(a) and (3)(a)(i) must be deposited or distributed as follows:
(a) 6% in the account established in 22-3-1304 for operation and maintenance of the Montana heritage center;
(b) 6% distributed as provided in subsection (5);
(c) 6% in the account established in 22-3-1307 for historic preservation grants; and
(d) 7% in the account established in 17-7-209.
(5) (a) Before allocating the balance of the tax proceeds in accordance with the provisions of 17-2-124 and as provided in subsection (5)(b) of this section, the department shall determine the expenditures by state agencies for in-state lodging for each reporting period and deduct 1% of that amount from the tax proceeds received each reporting period. The department shall distribute the portion of the 1% that was paid with federal funds to the agency that made the in-state lodging expenditure and deposit 30% of the amount deducted less the portion paid with federal funds in the state general fund.
(b) The balance of the tax proceeds received each reporting period and not distributed to agencies that paid the tax with federal funds must be transferred to an account in the state special revenue fund to the credit of the department of commerce for tourism promotion and promotion of the state as a location for the production of motion pictures and television commercials, to the department of fish, wildlife, and parks, and to the state-tribal economic development commission as follows:
(i) 7% to the department of fish, wildlife, and parks for the maintenance of facilities in state parks that have both resident and nonresident use;
(ii) 68.5% to be used directly by the department of commerce;
(iii) (A) except as provided in subsection (5)(b)(iii)(B), 24% to be distributed by the department of commerce to regional nonprofit tourism corporations in the ratio of the proceeds collected in each tourism region to the total proceeds collected statewide; and
(B) if 24% of the proceeds collected annually within the limits of a city, consolidated city-county, resort area, or resort area district exceeds $35,000, 50% of the amount available for distribution to the regional nonprofit tourism corporation in the region where the city, consolidated city-county, resort area, or resort area district is located to be distributed to the nonprofit convention and visitors bureau in that city, consolidated city-county, resort area, or resort area district; and
(iv) 0.5% to the state special revenue account provided for in 90-1-135 for use by the state-tribal economic development commission established in 90-1-131 for activities in the Indian tourism region.
(6) The tax proceeds received that are transferred to a state special revenue account pursuant to subsection (5)(b) are allocated to the entities."
Section 10. Section 22-3-1303, MCA, is amended to read:
"22-3-1303. Account -- Montana heritage center construction. There is an account in the capital projects fund established in 17-2-102 known as the Montana heritage center construction account. The tax collections allocated in 15-68-820(3)(a) must be deposited in the account until December 30, 2024 2025. The money in the account is authorized to the department of administration and may be used only for capital construction of the Montana heritage center."
NEW SECTION. Section 11. Appropriation. There is appropriated $37 million from the account in the capital projects fund established in 22-3-1303 to the department of administration in accordance with 17-7-212 for capital construction of the Montana heritage center. Any funds in excess of $37 million in the account must be transferred to the general fund and the account closed upon completion of the project.
NEW SECTION. Section 12. Increase in state funding for program expansion or operations and maintenance. If an immediate or future increase in state funding for program expansion or operations and maintenance is required for a new facility in [section 3] but the increase is not appropriated by the 67th legislature, the new facility in [section 3] is not appropriated or authorized as provided in 17-7-210.
NEW SECTION. Section 13. Legislative consent. The appropriations authorized in [sections 1 through 11] constitute legislative consent for the capital projects contained in [sections 1 through 11] within the meaning of 18-2-102.
Section 14. Section 2, Chapter 422, Laws of 2019, is amended to read:
Section 2. Capital projects appropriations and authorizations. The portion of section 2, Chapter 422, Laws of 2019, appropriating money from the indicated sources to the department of administration for transfer to the department of military affairs for capital projects is amended to read:
"DEPARTMENT OF MILITARY AFFAIRS
Indoor Firing Ranges Repurposing,
Statewide 970,100 970,100 1,940,200
PT/Rec Center Addition and Alteration, Ft. Harrison 2,000,000 2,000,000
Military Cemetery Expansions, Ft. Harrison and Missoula 4,000,000 4,000,000
FMS #3 Female Latrines and Remodel 702,900 702,900
FTH Weapons Cleaning Facility 1,700,000 1,700,000"
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. Effective date. [This act] is effective on passage and approval.