HOUSE BILL NO. 5
INTRODUCED BY M. MCCANN
BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION AND THE GOVERNOR
AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2001; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. For the purposes of [sections 1 through 9], unless otherwise stated, the following definitions apply:
(1) "Capital project" means the acquisition of land or improvements or the planning, capital construction, renovation, furnishing, or major repair projects authorized in [sections 1 through 9].
(2) "LRBP" means the long-range building program account in the capital projects fund type.
(3) "Other funding sources" means money other than LRBP money, including special revenue fund money, that accrues to an agency under the provisions of law.
Section 2. Capital projects appropriations. (1) Except as provided in subsection (4)(c), the following money is appropriated for the indicated capital projects from the indicated sources to the department of administration, which is authorized to transfer the appropriated money among the necessary fund types for these projects:
Agency/Project LRBP Other Funding Sources
DEPARTMENT OF ADMINISTRATION
Health and Safety Projects, Statewide $730,000 $ 250,000 Auxiliary
Hazardous Material Remediation, Statewide 300,000
Roof Replacements or Repairs, Statewide 521,000
Facility Assessments, Statewide 100,000 50,000 State Special Revenue
100,000 Federal Special Revenue
50,000 Auxiliary
Capital Renovation 1,000,000 Capitol Land Grant Revenue
Renovate Haynes Gallery Area,
Historical Society 1,000,000 Donations
DEPARTMENT OF CORRECTIONS
Expand Women's Prison, MWP 6,475,000 Federal Special Revenue
Missoula Regional Correctional Facility
Supplemental 526,497 Federal Special Revenue
Construct Reception Unit, MSP 5,500,000 Federal Special Revenue
170,000 General Fund
DEPARTMENT OF FISH, WILDLIFE AND PARKS
Bluewater Hatchery Renovations 200,000 State Special Revenue
Construct Fort Peck Fish Hatchery 14,640,000 Federal Special Revenue
DEPARTMENT OF MILITARY AFFAIRS
Construct New Armory, Kalispell 3,900,000 Federal Special Revenue
Construct New Armory, Bozeman 4,600,000 Federal Special Revenue
MONTANA UNIVERSITY SYSTEM
Sprinkle Library, UM-Missoula 657,000
Ventilate and Update Fine
Arts Building, UM-Missoula 450,000
Boiler Upgrade and Ventilation, UM-Tech 530,000 120,000 Auxiliary
Maintain HVAC Systems, MSU-Billings
and COT-Billings 500,000
Replace Steam Distribution Piping, UM-Dillon 800,000 400,000 Auxiliary
Upgrade Boiler Controls, UM-Missoula 125,000 100,000 Auxiliary
Roof Replacements or Repairs,
University System 1,591,000
Maintain Main Hall Exterior, UM-Dillon 225,000
Renovate Cowan Hall, MSU-Northern 511,000
Addition to Paxson Gallery, UM-Missoula 2,500,000 Higher Education Funds, Federal, Donations, Grants, Plant Funds
Applied Technology Center Feasibility Study,
MSU-Northern 50,000
Construct Nondenominational
Chapel, UM-Tech 1,500,000 Donations
Forestry/Journalism Addition, UM-Missoula 10,000,000 Federal, Donations, Grants, Plant Funds
Native American Study Center, UM-Missoula 3,500,000 Higher Education Funds, Federal, Donations, Grants, Plant Funds
Life Sciences Building, UM-Missoula 23,000,000 Federal, State, Donations,
Grants, Plant Funds
Rural Technology Education Center, UM-Dillon 350,000 Higher Education Funds, Federal, Donations, Grants, Plant Funds
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Lincoln Unit Office/Quarters and
Clearwater Egress 125,000
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Sprinkle MMHNCC, Lewistown 300,000
Construct Special Care Unit,
Montana Veterans' Home 1,179,374 State Special Revenue
Improve Eastern Montana Veterans' Home 290,250 State Special Revenue
Improve Montana Veterans' Home 187,530 State Special Revenue
DEPARTMENT OF TRANSPORTATION
Construct Equipment Storage Buildings
and Roof Replacement at Helena
Headquarters, Statewide 2,100,000 Highways State Special Revenue
Construct Core Drilling Building, Helena 1,000,000 Highways State Special Revenue
(2) In the event one or both of the national guard armories located in Bozeman and Whitefish, Montana, and approved in House Bill No. 14 for replacement are sold prior to construction of the new Bozeman and Kalispell armories, the proceeds of the sale that were deposited to the general fund are appropriated for replacement construction up to a maximum of $4,000,000 and the bond authority in House Bill No. 14 is reduced by a like amount.
(3) The department of public health and human services is seeking federal funds for use in the construction of the special care unit, Montana veterans' home. If federal funds become available for this purpose, the department shall reimburse funds from the state special revenue account used to build the new unit. The total amount approved for the project from all sources is $1,179,374.
(4) (a) The 56th legislature authorizes four department of corrections' capital construction projects in the 2001 biennium. Funding for the projects is contained in House Bill No. 14 and subsection (1) of this section. The total project cost and the authorized funding for each project are as follows:
(i) $9,375,000 for the women's prison expansion in Billings, funded by $2,900,000 of general obligation bond proceeds authorized in House Bill No. 14 and by $6,475,000 of federal funds appropriated in subsection (1) of this section;
(ii) $2,225,000 for completing the Pine Hills youth correctional facility in Miles City, funded from general obligation bond proceeds authorized in House Bill No. 14;
(iii) $5,670,000 to construct a reception unit at Montana state prison in Deer Lodge, funded by $170,000 of general fund money and by $5,500,000 of federal funds appropriated in subsection (1) of this section; and
(iv) $3,000,000 for security improvements and expanding the Wallace building at Montana state prison in Deer Lodge, funded from general obligation bond proceeds authorized in House Bill No. 14.
(b) The 56th legislature notes that approximately $8,714,600 of federal department of justice funds are anticipated to become available for capital construction projects for the department of corrections in the 2001 biennium. It is the intent of the 56th legislature that the federal funds be used to the maximum extent possible. It is further the intent of the 56th legislature that the priority for using these federal funds is:
(i) up to $6,475,000 for the women's prison expansion project, line-itemed in subsection (1);
(ii) up to $526,497 for the Missoula regional correctional facility supplemental; and
(iii) up to $5,500,000 for the construction of the reception unit at Montana state prison, line-itemed in subsection (1).
(c) (i) It is the intent of the legislature that the department of corrections may not accept federal funds for capital construction unless all conditions necessary to receive the federal dollars have been irrevocably met in advance of the expenditure of the federal funds.
(ii) It is further the intent of the legislature that federal spending authority for a capital construction project may be used only for the project identified in the law authorizing the project and may not be used for any other project.
(5) The appropriation for the Fort Peck fish hatchery in subsection (1) is contingent upon passage and approval of House Bill No. 20.
(6) The 56th legislature authorizes the construction of the rural technology education center at western Montana college of the university of Montana at a total project cost of $4,520,000. Subsection (1) of this section contains $350,000 in other revenue authority for this project, and House Bill No. 14 contains $4,170,000 in general obligation bond authority for this project. In the event that other additional funds become available for this project during its construction, the general obligation bond authority in House Bill No. 14 must be reduced by a like amount and other revenue authority is increased by a like amount in subsection (1) of this section for the same purpose.
Section 3. Land acquisition appropriation. 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 agreement:
Agency/Project LRBP Other Funding Sources
Habitat Montana $4,375,000 State Special Revenue
Fishing Access Site Acquisitions, Statewide 630,000 State Special Revenue
Bighorn Sheep Program 425,000 State Special Revenue
Section 4. Capital improvements. (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:
Agency/Project LRBP Other Funding Sources
State Park Roads $1,500,000 State Special Revenue
Future Fisheries Improvements 1,470,000 State Special Revenue
Cultural and Historic Parks 1,200,000 State Special Revenue
Wildlife Habitat Maintenance 825,000 State Special Revenue
Statewide Hatchery Maintenance 400,000 State Special Revenue
Administrative Facilities Repairs and Maintenance 829,650 State Special Revenue
Motorboat Recreation Parks 1,355,000 State Special Revenue
950,000 Federal Special Revenue
Lewis and Clark Bicentennial 275,000 State Special Revenue
Capitol Complex Irrigation and Landscape 225,000 Capitol Land Grant Revenue
Fishing Access Site Protection, Statewide 700,000 State Special Revenue
75,000 Federal Special Revenue
Waterfowl Stamp Program 263,000 State Special Revenue
Fishing Access Site Maintenance 325,000 State Special Revenue
Brewery Flats Completion 70,000 Federal Special Revenue
Tongue River Mitigation Inflation Indexing 275,000 State Special Revenue
(2) The following money is appropriated to the department of military affairs in the indicated amounts for the purpose of making capital improvements to statewide facilities:
Agency/Project LRBP Other Funding Sources
Federal Spending Authority 800,000 Federal Special Revenue
Washrack Waste Mitigation, Statewide 200,000 Federal Special Revenue
Secondary Containment Structures, Statewide 300,000 Federal Special Revenue
Construct Eastern Montana Veterans' Cemetery, Phase II 1,100,000 Federal Special Revenue
(3) The following money is appropriated to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities:
Agency/Project LRBP Other Funding Sources
General Spending Authority, UM 3,500,000 Higher Education Funds, Grants, Donations, Plant Funds
(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:
Agency/Project LRBP Other Funding Sources
Minor Maintenance and Improvements, Statewide 1,350,000 Highways State Special Revenue
(5) It is the intent of the 56th legislature that $50,000 of the line item for state parks roads in subsection (1) be reserved for significant occurrences because of hunting. The department of fish, wildlife, and parks shall report to the 57th legislature if and how the reserved funds were expended.
(6) It is the intent of the 56th legislature that the department of fish, wildlife, and parks spend no more than $50,000 for a feasibility study for the construction of the Miles City maintenance facility from the line item for administrative facilities repairs and maintenance in subsection (1). It is further intended that funds may not be expended for this purpose until other alternatives have been explored.
Section 5. Transfer of funds. The department of fish, wildlife, and parks is authorized to transfer money appropriated in [sections 1 through 4] among fund types.
Section 6. Planning and design. The department of administration may proceed with the planning and design of capital projects prior to the receipt of other funding sources. The department may use interaccount loans in accordance with 17-2-107 to pay planning and design costs incurred before the receipt of other funding sources.
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 projects for bid until the agency has submitted a financial plan for approval by the director of the department of administration. A financial plan may not be approved by the director if:
(1) the level of funding provided under the financial plan deviates substantially from the funding level provided in [sections 1 through 4] for that project; or
(2) the scope of the project is substantially altered or revised from the preliminary plans presented for that project in the 2001 biennium long-range building program presented to the 56th legislature.
Section 8. Agreement with department of environmental quality. The department of environmental quality shall review capital projects authorized in [sections 2 through 4] for potential inclusion in the state energy conservation program. When review shows a capital project will result in energy improvements, that project must be submitted to the energy conservation program for cofunding consideration. Cofunding 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 facility improvement. Agencies must be notified of potential cofunding after the review.
Section 9. Legislative consent. The appropriations authorized in [sections 1 through 8] constitute legislative consent for the capital projects contained in [sections 1 through 8] within the meaning of 18-2-102.
Section 10. 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.
Section 11. Effective date. [This act] is effective on passage and approval.
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