_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the (H) Appropriations

A BILL FOR AN ACT ENTITLED: "AN ACT providing for capital PROJECTS; providing appropriations; PROVIDING DEFINITIONS; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Definitions. As used in [sections 1 through 5], unless the context clearly indicates otherwise, 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)        "Capital development" means capital projects provided for in 17-7-201(2).

(3)        "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 5].

(4)        "LRBP capital development" or "LRBP CD" means the long-range building program capital developments account in the capital projects fund type provided for in 17-7-209.

(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)        "Major repair" means capital projects provided for in 17-7-201(7).

(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.

NEW SECTION. Section 2. Appropriations and project prioritization. (1) (a) For the biennium beginning July 1, 2023, 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 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

DOC MSP Perimeter Fence Enhance

                        1,500,000                                                                                  1,500,000

DOC MSP Red Light Emergency Notifications System

                        1,000,000                                                                                  1,000,000

(b)        For the biennium beginning July 1, 2023, 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

DOC MSP Replace Low-Side Housing

                        156,000,000                                                                                          156,000,000

DOC MSP Water Line Replacement

                        3,000,000                                                                                              3,000,000

DOC MSP Unit F Water Line Upgrade

                        600,000                                                                                                 600,000

(c)        The department of administration shall prioritize the following projects at the Montana state prison as first and shall move at all deliberate speed to have each project under contract by September 30, 2023.

(2)        To expedite construction of new low-side housing units at the Montana state prison, the department of administration, in consultation with the department of corrections, is authorized to purchase plans for prison housing that was constructed in another state, provided the plans can be made to comply with the professional services requirements of Title 18, chapter 2, and Title 37, chapters 65 and 67.

(3)        (a) Pursuant to 17-7-210, if construction of a new facility requires an immediate or future increase in state funding for program expansion or operations and maintenance, the legislature may not authorize the new facility unless it also appropriates funds for the increase in state funding for program expansion and operations and maintenance. To the extent allowed by law, at the end of each fiscal year following approval of a new facility but prior to receipt of its certificate of occupancy, the appropriation made in this subsection (3) reverts to its originating fund. The appropriation is not subject to the provisions of 17-7-304.

(b)        It is the legislature's intent that the appropriations in this subsection (3) become part of the respective agency's base budget for the biennium beginning July 1, 2025.

(c)        The following money is appropriated for the biennium beginning July 1, 2023, to the department of corrections from the indicated sources for program expansion or operations and maintenance for the indicated new facility:

Agency/Project             General             State                Federal             Authority           Total

                                    Fund                 Special             Special             Only

                                                            Revenue           Revenue           Sources

DOC MSP Replace Low-Side Housing

                                    176,560                                                                                     176,560

NEW SECTION. Section 3. Planning and design. The department of administration may proceed with the planning and design of capital projects in [section 2] 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 4. Capital projects -- contingent funds. (1) If a capital project is financed in whole or in part with appropriations contingent on 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:

(a)        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

(b)        the scope of the project is substantially altered or revised from the concept and intent for that project as presented to the 68th legislature.

(2)        This section does not limit or restrict 17-7-211.

NEW SECTION. Section 5. Review by department of environmental quality. The department of environmental quality shall review capital projects authorized in [section 2] for potential inclusion in the state building energy conservation program 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 state building energy conservation program. 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 must 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 state building energy conservation program funding, if available.

NEW SECTION. Section 6. Legislative consent. The appropriations authorized in [sections 1 through 5] constitute legislative consent for the capital projects contained in [sections 1 through 5] within the meaning of 18-2-102.

Coordination SECTION. Section 7. Coordination instruction. If both House Bill No. 5 and [this act] are passed and approved and any project in [this act] is also fully funded by an appropriation in House Bill No. 5, then the appropriation for the project in House Bill No. 5 is void.

NEW SECTION. Section 8. 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 9. Effective date. [This act] is effective on passage and approval.