Mont. Code Ann. § 90-7-221 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-221
90-7-221 Montana state hospital loan
Status: in_force

90-7-221 . Montana state hospital loan. (1) The department of public health and human services may enter into a loan agreement with the authority for the purpose of financing the costs of acquiring, constructing, and equipping facilities for the mentally ill at the Montana state hospital in Warm Springs, including the establishment of reserves and the payment of costs of the financing. The maximum principal amount of the loan may not exceed $21 million for construction and related costs, plus the necessary amounts for capitalized interest, debt service reserves, and financing costs. The loan must be payable over a term not to exceed 25 years and must bear interest and contain other terms and provisions with respect to prepayment or otherwise that are not inconsistent with this section and that the department approves. Investment earnings on the authority's bonds or on funds held for the bonds must be used to pay the principal and interest on the loan as provided in the loan agreement.

(2) The loan may be secured by a mortgage on the Montana state hospital facility, including the land on which it is located. The loan constitutes a special limited obligation of the department, and the principal and interest payments required by that agreement are payable from the facility revenue obtained by the department from the ownership and operation of and the provision of services at the Montana state hospital and the Montana mental health nursing care center, including payments or reimbursements from private users, insurers, and the state or federal government. All facility revenue obtained from services provided by the Montana state hospital and the Montana mental health nursing care center must be deposited in a special revenue fund and must be applied to the payment of the principal and interest payments due under the loan agreement. Whenever the foregoing facility revenue exceeds the amount and terms specified and required to repay the loan and maintain required reserves, the excess must be deposited as provided in 53-1-413 . As long as the loan remains outstanding and the state provides services for the mentally ill, the department shall use the Montana state hospital and the Montana mental health nursing care center for those purposes or for other purposes as permitted by the loan agreement and state law, except when foreclosure occurs under the agreement or the mortgage. Notwithstanding the provisions of 77-2-302 (1) and upon foreclosure of a mortgage given to secure the loan agreement, there must be paid to the board of land commissioners as a first and prior claim against the mortgaged land an amount equal to the full market value of the land as determined by the board prior to the execution of the mortgage and after appraisal by a qualified land appraiser. The loan agreement may contain other provisions or agreements that the department determines are necessary and that are not inconsistent with the provisions of Title 90, chapter 7.

(3) The obligations of the department under the agreement are special limited obligations payable solely from the facility revenue of the Montana state hospital and the Montana mental health nursing care center and do not constitute a debt of the state or obligate the state to appropriate or apply any funds or revenue of the state, except the facility revenue as provided in this section.
Mont. Code Ann. § 90-4-1222 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1222
90-4-1222 Prohibition on construction, ownership, and operation of powerlines
Status: in_force

90-4-1222 . Prohibition on construction, ownership, and operation of powerlines. (1) This part does not authorize a governmental body to:

(a) construct, own, or operate electricity distribution or transmission facilities; or

(b) use the proceeds from bonds under this part to construct, own, or operate electricity distribution or transmission facilities.

(2) Subsections (1)(a) and (1)(b) do not apply to electrical lines connecting component parts within the perimeter of an electric generation facility or to a dedicated tie line between an electric generation facility and the transmission grid or the point of use by the governmental body.
Mont. Code Ann. § 90-2-1103 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1103
90-2-1103 Definitions
Status: in_force

90-2-1103 . Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(2) "Financially feasible" means that adequate funds are available to complete the project as approved.

(3) "Mineral" means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium, or other nonrenewable merchantable products extracted from the surface or subsurface of the state of Montana.

(4) "Mineral development" means exploration, extraction, processing, or other activity related to the production of a mineral.

(5) "Mitigation" means the act of rectifying an impact by repairing, rehabilitating, or restoring the affected environment; reducing or eliminating an impact over time by operations that preserve or maintain the environment; or compensating for an impact by replacing or providing substitute resources or habitats.

(6) "Project" means a planned and coordinated action or series of actions addressing an objective consistent with the policy and purpose of the reclamation and development grants program. A project may consist of problem analysis, feasibility or design studies, environmental monitoring, remedial action plans or implementation, technology demonstration, research, construction or acquisition of capital facilities, or other related actions.

(7) "Public benefits" means those benefits that accrue to citizens as a group and enhance the common well-being of the people of Montana.

(8) "Public resources" means the natural resources of the state, including air, water, soil, minerals, vegetation, and fish and wildlife, and the economic, social, and cultural conditions of Montana citizens.

(9) "Technically feasible" means that a project or activity can be designed, constructed, operated, or carried out to accomplish its objectives, utilizing accepted engineering and other technical principles and concepts.
Mont. Code Ann. § 90-6-701 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-701
90-6-701 Montana coal endowment program created -- definitions
Status: in_force

90-6-701 . Montana coal endowment program created -- definitions. (1) (a) There is a Montana coal endowment program that consists of:

(i) the Montana coal endowment fund established in 17-5-703 ;

(ii) the infrastructure portion of the coal severance tax bond program provided for in 17-5-701 (2).

(b) The Montana coal endowment program may borrow from the board of investments to provide additional financial assistance for local government infrastructure projects under this part, provided that no part of the loan may be made from retirement funds.

(2) Interest from the Montana coal endowment fund and from proceeds of the sale of bonds under 17-5-701 (2) may be used to provide financial assistance for local government infrastructure projects under this part, to provide funding to the department of commerce for the administrative costs of the Montana coal endowment program, and to repay loans from the board of investments.

(3) As used in this part, the following definitions apply:

(a) "Infrastructure projects" means:

(i) drinking water systems;

(ii) wastewater treatment;

(iii) sanitary sewer or storm sewer systems;

(iv) solid waste disposal and separation systems, including site acquisition, preparation, or monitoring; or

(v) bridges.

(b) "Local government" means an incorporated city or town, a county, a consolidated local government, a tribal government, a county or multicounty water, sewer, or solid waste district, or an authority as defined in 75-6-304 .

(c) "Montana coal endowment fund" means the coal severance tax infrastructure endowment fund established in 17-5-703 (1)(b).

(d) "Montana coal endowment program" means the local government infrastructure investment program established in subsection (1).

(e) "Tribal government" means a federally recognized Indian tribe within the state of Montana.
Mont. Code Ann. § 90-1-120 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-120
90-1-120 Trade activities
Status: in_force

90-1-120 . Trade activities. The department of commerce through its state trade expansion program or an equivalent program shall:

(1) promote the state through trade show delegations at key events regionally, nationally, and globally;

(2) work with the Montana agriculture development council, the tourism advisory council, the Montana manufacturing extension center, the state workforce innovation board, and other state and national entities to improve funding for and access to supportive services for rural-based, veteran-owned, minority-owned, and women-owned businesses;

(3) work with local chambers of commerce, the governor's office of economic development, certified regional development corporations, and other economic development organizations in this state to inform citizens in this state in the most cost-effective manner possible of the services available through the department.
Mont. Code Ann. § 90-4-616 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-616
90-4-616 Transfer of energy savings from projects
Status: in_force

90-4-616 . Transfer of energy savings from projects. (1) In preparing the executive budget each biennium, for each state agency participating in the energy conservation program by using appropriations from the general fund or the energy conservation capital projects account created in 90-4-617 , the governor shall include an estimate of the energy cost savings expected for that agency in each year of the biennium.

(2) Each session, the legislature shall review the governor's submission pursuant to 90-4-606 and subsection (1) of this section and, unless the legislature disapproves, shall include in the general appropriations act authority for each participating state agency, subject to 90-4-619 , to transfer funds in an amount equal to the agency's estimated energy cost savings to the energy conservation repayment account established in 90-4-615 . Except as provided in 90-4-619 , these transfers must continue until the cost of the project, including energy analysis, acquisition and installation costs of energy saving equipment or systems, and the cost of the construction of improvements in state buildings, facilities, or structures, plus annual interest payments at a rate set pursuant to 90-4-605 (6) of the unpaid balance of the cost of the project, has been paid into the energy conservation repayment account.

(3) The current level utility appropriations of state agencies participating in the energy conservation program must be reduced by the sum of the amounts approved to be transferred pursuant to subsection (2).

(4) On request of the division, each participating state agency shall transfer the amounts approved pursuant to subsection (2).
Mont. Code Ann. § 90-4-1203 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1203
90-4-1203 Authority to acquire, construct, and operate projects
Status: in_force

90-4-1203 . Authority to acquire, construct, and operate projects. A governmental body may:

(1) acquire, construct, reconstruct, extend, or improve a project within or outside of the boundaries of the governmental body or partially within or partially outside the boundaries of the governmental body;

(2) acquire any interest in or any right to capacity of a project and acquire by gift, purchase, or lease land or rights in land or other real or personal property that is necessary for the ownership, operation, or maintenance of a project;

(3) operate and maintain a project to provide electricity for its own use and, to the extent that production is in excess of its own requirements, sell the production to:

(a) a party allowed to choose an electricity supplier under 69-8-201 ;

(b) a public utility or cooperative;

(c) through June 30, 2009, a public utility under a qualifying contract governed by Title 69, chapter 3, part 6, if:

(i) the commission determines that adequate ancillary services are available for increases in the amount of intermittent generation resources connected to the transmission grid;

(ii) the cost of any ancillary services provided to the generator by the public utility can be adjusted to reflect actual costs, the costs are deductible by the public utility from the price of electricity paid to the generator, and adjustments may be made as frequently as every 12 months; and

(iii) the public utility can refuse acceptance of electricity from the generator when the loss of ancillary services threatens system reliability or the public utility is unable to purchase sufficient ancillary services to meet its obligations, subject to 90 days' written notice to the generator;

(d) a competitive electricity supplier; or

(e) an out-of-state purchaser;

(4) prescribe and collect rates, fees, and charges for the services and facilities furnished by a project;

(5) enter into and perform contracts and agreements that are necessary for the planning, construction, lease, operation, and maintenance of a project and the sale, transmission, distribution, or exchange of the electricity generated from the project on terms and for a period of time that its governing authority may determine;

(6) contract with a person or entity, within or outside the state, for the construction of a project, for the sale or transmission of electricity generated by a project, or for any interest in the project or any right to capacity of the project on terms and conditions that its governing authority may determine.
Mont. Code Ann. § 90-6-208 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-208
90-6-208 Applications for grants
Status: in_force

90-6-208 . Applications for grants. The governing body of a city, town, county, or school district, any other local or state governmental unit or agency, or the governing body of a federally recognized Indian tribe may apply for a grant to enable it to provide governmental services that are needed as a direct consequence of an increase or decrease of coal development or of an increase or decrease in the consumption of coal by a coal-using energy complex. The board shall prescribe the form for applications. Applicants shall describe the nature of their proposed expenditures and the time involved.
Mont. Code Ann. § 90-5-202 — MT Code / Title 90 / Chapter 5 / Part 2 / Section 90-5-202
90-5-202 Board member appointed by governor -- compensation
Status: in_force

90-5-202 . Board member appointed by governor -- compensation. The governor shall appoint the board member. The member shall report directly to the governor. The member, with the approval of the governor, may designate an alternate to represent the state when the member is unable to do so. The member or the alternate may not receive compensation in addition to salary for services as a member of the board but must be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred in the performance of duties.
Mont. Code Ann. § 90-4-306 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-306
90-4-306 Advice of distributors and consumers
Status: in_force

90-4-306 . Advice of distributors and consumers. The governor shall actively solicit the advice of consumers, through the legislative consumer committee established in 5-15-101 , and of distributors throughout the information gathering, planning, and implementation process described in this part.
Mont. Code Ann. § 90-4-401 — MT Code / Title 90 / Chapter 4 / Part 4 / Section 90-4-401
90-4-401 Agreement to pacific northwest electric power and conservation planning council
Status: in_force

90-4-401 . Agreement to pacific northwest electric power and conservation planning council. The state of Montana agrees through this part and through the appointment of persons as provided in this part to formation of and participation in the pacific northwest electric power and conservation planning council, hereafter referred to in this part as "the council", and to the performance of the functions and duties of the council as provided in the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501).
Mont. Code Ann. § 90-6-143 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-143
90-6-143 Definitions
Status: in_force

90-6-143 . Definitions. As used in 90-6-141 through 90-6-149 , the following definitions apply:

(1) "Attainable workforce housing" means housing of a cost that an eligible household would spend no more than 30% of gross monthly income for a mortgage payment, property taxes, and insurance.

(2) "Community reinvestment organization" means the regional entity or entities established in 90-6-146 or a certified regional development corporation, a certified development corporation, a community housing development organization, an economic development association, or a community development financial institution.

(3) "Community reinvestment organization revolving account" or "CRO revolving account" means a restricted account established by each community reinvestment organization.

(4) "Eligible household" means a household earning between 60% and 140% of median household income for the county in which the person resides or the state, whichever is less.

(5) "Montana community reinvestment plan account" means the account in the state special revenue fund and any subaccounts established pursuant to 90-6-145 .

(6) "Program" means the Montana community reinvestment plan.
Mont. Code Ann. § 90-4-619 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-619
90-4-619 Grandfathering -- retention of funds
Status: in_force

90-4-619 . Grandfathering -- retention of funds. (1) The department of environmental quality shall retain federal American Recovery and Reinvestment Act funds allocated in accordance with Chapter 478, Laws of 2009, to the state energy building conservation program, including:

(a) transfers after July 1, 2025, made by participating state agencies pursuant to 90-4-616 for the unpaid balance of projects funded with federal American Recovery and Reinvestment Act funds;

(b) interest payments pursuant to 90-4-616 on projects funded with federal American Recovery and Reinvestment Act funds; and

(c) interest earned on short-term investment pool investments of federal American Recovery and Reinvestment Act funds.

(2) The department of environmental quality may use the funds for activities consistent with applicable federal requirements and in accordance with guidance provided by the federal department of energy for the repurposing of funds.
Mont. Code Ann. § 90-15-101 — MT Code / Title 90 / Chapter 15 / Part 1 / Section 90-15-101
90-15-101 Purpose
Status: in_force

90-15-101 . Purpose. It is the purpose of this chapter to establish a planning framework for the development of a natural resource information system, to implement the system, and to establish an ongoing Montana natural heritage program.
Mont. Code Ann. § 90-4-318 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-318
90-4-318 Governor may authorize expenditure
Status: in_force

90-4-318 . Governor may authorize expenditure. The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, when an energy emergency is declared by the governor and justifies the expenditure as set forth in 10-3-311 for other emergency or disaster expenditures.
Mont. Code Ann. § 90-7-311 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-311
90-7-311 Pledge of state not to impair -- to administer
Status: in_force

90-7-311 . Pledge of state not to impair -- to administer. In accordance with the constitutions of the United States and the state of Montana, the state pledges that it will not in any way impair the obligations of any agreement between the authority and the holders of notes and bonds issued by the authority, including but not limited to an agreement to administer a loan program financed by the issuance of bonds, and to employ a staff sufficient and competent for this purpose.
Mont. Code Ann. § 90-5-104 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-104
90-5-104 Hearing
Status: in_force

90-5-104 . Hearing. (1) Prior to the issuance of any bonds under the authority of this part by any municipality or county to pay the costs of acquiring or improving a project, the governing body shall give notice and hold a public hearing on the proposed project. At least once a week for 3 consecutive weeks prior to the date set for the hearing, the governing body shall publish in a newspaper of general circulation in the municipality or county a notice of the time and place of the hearing, the general nature of the project, the name of the lessee, borrower, or user of the project, and the estimated cost of the project. The governing body may not issue the bonds to pay the costs of acquiring or improving a project unless it appears after the public hearing that the acquisition or improvement of the project is in the public interest of the municipality or county.

(2) The provisions of subsection (1) do not apply to refunding bonds issued under 90-5-107 to refund bonds issued to pay the costs of acquiring or improving a project as to which a hearing was held under subsection (1).
Mont. Code Ann. § 90-4-1209 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1209
90-4-1209 Use of revenue from project
Status: in_force

90-4-1209 . Use of revenue from project. (1) A governmental body issuing bonds or entering into a contract pursuant to this part with respect to a project may appropriate, apply, or expend the revenue of the project for the following purposes:

(a) to pay when due all bonds and interest on the bonds or amounts owing under contracts for the payment of the revenue that is or has been pledged, charged, or otherwise encumbered, including reserves;

(b) to provide for all expenses of operation and maintenance of the project, including reserves;

(c) to pay and discharge bonds and interest on the bonds or amounts under contracts not issued or entered into under this part for which the revenue of the project is or has been pledged, charged, or encumbered;

(d) to pay and discharge bonds and interest on the bonds that do not constitute a lien, charge, or encumbrance on the revenue of the project and that have been issued for the purpose of financing the acquisition, purchase, construction, reconstruction, improvement, or extension of the project; and

(e) to provide a reserve for improvements to the project.

(2) A governing authority shall fulfill the requirements of subsection (1) before the governing authority may transfer any of the revenue of the project to its general fund.
Mont. Code Ann. § 90-1-103 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-103
90-1-103 Functions of department of commerce -- community development
Status: in_force

90-1-103 . Functions of department of commerce -- community development. (1) The department of commerce shall:

(a) cooperate with and provide technical assistance to county, municipal, state, and regional planning commissions, zoning commissions, parks or recreation boards, community development groups, community action agencies, and similar agencies created for the purposes of aiding and encouraging orderly, productive, and coordinated development of the communities of the state;

(b) assist the governor in coordinating the activities of state agencies that have an impact on solution of community development problems and implementation of community plans;

(c) serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to local governments to discharge their responsibilities and provide information on available federal and state financial and technical assistance;

(d) carry out continuing studies and analyses of the problems faced by communities within the state and develop those recommendations for administrative or legislative action as appear necessary. In carrying out the studies and analyses and in providing technical assistance to communities, the department shall pay particular attention to the planning and financing of public facilities and to the problems of metropolitan, suburban, and other areas in which economic and population factors are rapidly changing.

(e) administer the federal community development block grant program and adopt rules to implement the program.

(2) In partial fulfillment of its duties under subsection (1), by January 1, 2003, the department shall have developed and published examples of subdivision regulations that provide incentives for and remove disincentives to cluster development. The examples need not be limited to the local option cluster development regulations authorized in 76-3-509 and may include any cluster development regulations that are authorized under Title 76, chapter 3. In developing the examples of regulations, the department shall seek the advice of interested parties. The department shall provide technical assistance to local governments that are developing cluster development regulations, as provided in subsection (1)(a).
Mont. Code Ann. § 90-4-1308 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1308
90-4-1308 Joint programs
Status: in_force

90-4-1308 . Joint programs. (1) A local government may join with another local government or with any person by contract or otherwise to implement a commercial property-assessed capital enhancements program in whole or in part.

(2) If a commercial property-assessed capital enhancements program is implemented jointly by two or more local governments, a single public hearing held jointly by the local governments meets the requirements of 90-4-1306 .
Mont. Code Ann. § 90-6-602 — MT Code / Title 90 / Chapter 6 / Part 6 / Section 90-6-602
90-6-602 Definitions
Status: in_force

90-6-602 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the board of housing provided for in 2-15-1814 .

(2) "Coal tax trust fund" or "trust fund" means the trust fund created pursuant to Article IX, section 5, of the Montana constitution.

(3) "Eligible veteran" means an individual who is a Montana resident and who:

(a) is or has been a member of the Montana national guard;

(b) is or has been a member of the federal reserve forces of the armed forces of the United States, serving pursuant to Title 10 of the United States Code;

(c) is serving or has served on federal active duty pursuant to Title 10 of the United States Code;

(d) is an unremarried spouse of an individual who was otherwise an eligible veteran and was killed in the line of duty;

(e) is an eligible veteran as defined by the board pursuant to 90-6-605 (2); or

(f) if previously a member of the armed forces, was discharged under honorable conditions.

(4) "First-time home buyer" means an individual determined by the board to be a first-time home buyer pursuant to rules adopted by the board.

(5) "Mortgage loan" means a loan for the purchase of real property with any improvements located within this state that is to be used for residential purposes and that is based upon a written instrument approved by a federal agency and that is written in the form of a trust indenture.

(6) "Participating financial institution" means a corporate lender or other loan originator approved by the board for originating and servicing loans pursuant to this part.

(7) "Resident" means an individual who maintains a permanent place of abode within Montana and who has not established a residence elsewhere even though the individual may be temporarily absent from the state.

(8) "Trust indenture" has the meaning provided in 71-1-303 .

(9) (a) "Under honorable conditions" means a discharge or separation from military duty characterized by the armed forces as under honorable conditions. The term includes honorable discharge and general discharge.

(b) The term does not include a dishonorable discharge or another administrative discharge characterized by military regulation as other than honorable.

(10) "Veterans' home loan mortgage program" or "program" means the program created in 90-6-603 .
Mont. Code Ann. § 90-7-304 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-304
90-7-304 Security of bondholders
Status: in_force

90-7-304 . Security of bondholders. (1) The payment of the principal of and interest on any bonds issued under this chapter must be secured by a pledge of the revenue out of which the bonds are made payable.

(2) The principal of and interest on any bonds issued under the authority of this part may be secured by:

(a) a mortgage covering all or any part of the property of the participating institution;

(b) a pledge of the lease or loan agreement relating to the eligible facility; or

(c) another security device that is considered most advantageous by the authority.

(3) The proceedings under which the bonds are authorized to be issued under the provisions of this chapter and any mortgage given to secure the bonds, including a mortgage given by the borrower or lessee, may contain any agreements and provisions customarily contained in instruments securing bonds, as the authority considers advisable. The provisions may not be in conflict with the provisions of this chapter, including without limitation provisions relating to:

(a) fixing and collection of rents or payments under any lease or loan agreement concerning the eligible facility covered by the proceedings or mortgage;

(b) terms to be incorporated in the lease or loan agreement;

(c) maintenance and insurance of the eligible facility;

(d) creation and maintenance of special funds from the revenue of the eligible facility; and

(e) rights and remedies available in the event of a default to the bondholders or to the trustee under a mortgage.

(4) The proceedings authorizing any bonds under the provisions of this chapter and any mortgage, including a mortgage given by the lessee or borrower, securing bonds may provide that in the event of a default in the payment of the principal of or the interest on the bonds or in the performance of any agreement contained in the proceedings or mortgage, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect rents and to apply the revenue from the project in accordance with the proceedings or the provisions of the mortgage.

(5) Any mortgage made by the authority, lessee, or borrower to secure these bonds may provide that, in the event of a default in the payment of the bonds or the violation of any agreement contained in the mortgage, the mortgage may be foreclosed and the project sold under proceedings in equity or in any other manner permitted by law. The mortgage may also provide that any trustee under the mortgage or the holder of any of the bonds secured by the mortgage may become the purchaser at any foreclosure sale if the trustee is the highest bidder. A breach of an agreement may not impose any pecuniary liability upon the authority.
Mont. Code Ann. § 90-6-118 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-118
90-6-118 Signatures of board members
Status: in_force

90-6-118 . Signatures of board members. In case any of the board members whose signatures appear on notes or bonds or coupons cease to be members before the delivery of the notes or bonds, their signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the members had remained in office until delivery.
Mont. Code Ann. § 90-6-112 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-112
90-6-112 Provision of bond resolutions
Status: in_force

90-6-112 . Provision of bond resolutions. A resolution authorizing any notes or bonds, or any issue thereof, may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(1) pledging all or any part of the revenues or property of the board to secure the payment of the notes or bonds or of any issue thereof, subject to existing agreements with noteholders or bondholders;

(2) pledging all or any part of the assets of the board, including mortgages and obligations securing them, to secure the payment of the notes or bonds or of any issue thereof, subject to existing agreements with noteholders or bondholders;

(3) the use and disposition of the gross income from mortgages owned by the board and payment of principal of mortgages owned by the board;

(4) the setting aside of reserves of sinking funds in the hands of trustees, paying agents, and other depositories and the regulation and disposition thereof;

(5) limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and the pledge of the proceeds to secure the payment of the notes or bonds or of any issue thereof;

(6) limitations on the issuance of additional notes or bonds, the terms upon which additional notes or bonds may be issued and secured, and the refunding of outstanding notes or bonds;

(7) the procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(8) a commitment to employ adequate and competent personnel at such reasonable compensation, salaries, fees, and charges as may be determined by the board in conjunction with the department of commerce and to maintain suitable facilities and services for the purpose of carrying out its programs;

(9) vesting in a trustee property, rights, powers, and duties in trust as the board determines;

(10) defining the acts or omissions to act which shall constitute a default in the obligations and duties of the board to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver. Rights and remedies shall not be inconsistent with the laws of the state and the other provisions of this part; and

(11) any other matters of like or different character which in any way affect the security or protection of the holders of the notes or bonds.
Mont. Code Ann. § 90-4-1110 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1110
90-4-1110 Duties and authority of department
Status: in_force

90-4-1110 . Duties and authority of department. (1) The department shall establish an energy performance contract program for governmental entities. The department shall:

(a) solicit, evaluate, and maintain a list of qualified energy service providers;

(b) develop a process to disqualify and remove from the list energy service providers who do not comply with qualifications established;

(c) enter into agreements with qualified energy service providers to provide services in accordance with this part;

(d) establish reporting requirements for qualified energy service providers;

(e) develop a model energy performance contract process and documents; and

(f) assist governmental entities interested in pursuing energy performance contracts by providing technical assistance and educational programs and by maintaining a website.

(2) The department may develop recommended best practices for:

(a) evaluating energy performance proposals and awarding energy performance contracts;

(b) measuring and verifying guaranteed cost savings and cost-effectiveness;

(c) identifying a variety of options to determine the amount of project costs to be covered by guaranteed cost savings;

(d) calculating guaranteed cost savings;

(e) measuring energy cost savings and verification;

(f) determining the cost-effectiveness of the energy performance contract when using an unguaranteed utility unit price escalation rate; and

(g) determining an unguaranteed utility unit price escalation rate.

(3) The department may adopt rules for the implementation of this part.
Mont. Code Ann. § 90-1-101 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-101
90-1-101 Declaration of necessity and public policy
Status: in_force

90-1-101 . Declaration of necessity and public policy. (1) It is hereby declared to be a necessity and the public policy of the state to promote, stimulate, and encourage the planning and development of the economy of the state in order to provide for the social and economic prosperity of its citizens. Such promotion and development of industry, commerce, agriculture, labor, and natural resources of the state require that cognizance be taken of the continuing migration of people to the urban areas in search of job opportunities and the fact that Montana is making a needed transition to a diversified economy. Community planning, greater diversification of industry and attraction of additional industry, accelerated development of natural resources, expansion of existing industry, creation of new uses for agricultural products, greater emphasis on scientific research, development of new markets for the products of the state, and the attainment of a proper balance in the overall economic base, without leaving behind those who remain in rural areas, are all necessary in order to create additional employment opportunities, increase personal income, retain quality of life for rural Montana, and promote the general welfare of the people of this state.

(2) The legislature recognizes that consistency and continuity in the adoption and application of environmental rules are essential to the protection and enhancement of Montana's economic well-being, that consistency and continuity are particularly important to those persons who have made a financial commitment after completing an application for an environmental permit based on the existence of certain environmental rules, and that those persons are entitled to a reasonable expectation that requirements in such a permit will not be changed to their detriment. Therefore, when a person makes a financial commitment after having completed an application for an environmental permit, it is the policy of the state not to change the requirements for such permit to the detriment of the applicant or permittee without having first taken into account and given consideration to previous expenditures made by the applicant or permittee.

(3) The department of commerce shall be regarded as performing a governmental function in carrying out the provisions of 90-1-102 through 90-1-109 .
Mont. Code Ann. § 90-6-133 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-133
90-6-133 Housing Montana fund -- administration
Status: in_force

90-6-133 . Housing Montana fund -- administration. (1) (a) There is a housing Montana fund in the housing authority enterprise fund provided for in 90-6-107 . The money in the fund is allocated to the board for the purpose of providing loans to eligible applicants.

(b) Money in the housing Montana fund must be disbursed as loans. Twenty percent of the money in the fund must be disbursed to rural areas based on population.

(2) Money deposited in the fund, including money transferred to the account pursuant to section 2, Chapter 502, Laws of 2001, must be used for the program authorized in 90-6-134 and may not be used to pay the expenses of any other program or service administered by the board.

(3) The board may determine the rate of interest to be charged for any loan made under the provisions of 90-6-131 through 90-6-136 .

(4) The board may accept contributions, gifts, and grants for deposit into the fund. The money must be used in accordance with the provisions of 90-6-134 .

(5) The costs incurred by the board in administering the fund may be paid from the fund.

(6) Interest and principal on loans from the fund must be repaid to the fund.

(7) Interest income generated by investment of the principal of the fund is retained in the fund.
Mont. Code Ann. § 90-2-1102 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1102
90-2-1102 Policy and purpose
Status: in_force

90-2-1102 . Policy and purpose. (1) The policy of the state of Montana expressed in the Reclamation and Development Grants Program Act is to provide a state capability to fund projects that indemnify the people of the state for the effects of mineral development on public resources and that meet other crucial needs serving the public interest and the total environment of the citizens of Montana.

(2) The purposes of the reclamation and development grants program are to:

(a) repair, reclaim, and mitigate environmental damage to public resources from nonrenewable resource extraction; and

(b) develop and ensure the quality of public resources for the benefit of all Montanans.
Mont. Code Ann. § 90-1-603 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-603
90-1-603 Establishment of commission and program -- administration and funding
Status: in_force

90-1-603 . (Temporary) Establishment of commission and program -- administration and funding. (1) There is a communications advisory commission that consists of nine members who must be appointed as follows:

(a) three legislators appointed by the president of the senate to include two members of the majority party and one member of the minority party;

(b) three legislators appointed by the speaker of the house to include two members of the majority party and one member of the minority party;

(c) the governor's director of the office of budget and program planning;

(d) the governor's chief economic development officer; and

(e) the governor's director of administration.

(2) The commission may provide parameters governing the submission and funding of broadband deployment grants as allowed by state and federal law or regulation.

(3) The department shall establish the broadband infrastructure deployment program and shall administer and act as the fiscal agent for the program under the direction of the governor's chief economic development officer and with advice from the commission.

(4) The department shall develop parameters in accordance with state and federal law and federal guidance for the deployment of broadband funds with advice from the governor's chief economic development officer and the commission. The department shall make all materials available for public comment at least 14 days in advance of consideration by the commission.

(5) The governor's chief economic development officer, with advice from the commission, shall review materials as required by the national telecommunications and information administration prior to submission for approval, deployment plans, and grant award recommendations made by the department.

(6) The commission may cancel or reject an eligible proposal in whole or in part when it is in the best interests of the state.

(7) The commission shall submit to the governor grant award recommendations for final approval.

(8) Appointed members of the commission must be compensated and receive travel expenses as provided in 2-15-124 for each day in attendance at commission meetings or in the performance of any duty or service as a commission member.

(9) The department of administration shall staff the commission.

(10) Funding for the commission is allocated from the administrative costs allowed in subsection (11).

(11) Funding for the program established under this section is subject to appropriations from general fund revenue, from bonds issued by the department, or federal broadband stimulus funds or other federal funds appropriated by congress and allocated to the department for funding of broadband communications projects. The department may retain up to 2% of federal funding to support program administration as provided for by the national telecommunications and information administration. The department shall report administrative expenditures to the commission on a quarterly basis. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-1-601 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-601
90-1-601 Short title
Status: in_force

90-1-601 . (Temporary) Short title. This part may be cited as the "ConnectMT Act". (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-4-1112 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1112
90-4-1112 Selection of qualified energy service providers
Status: in_force

90-4-1112 . Selection of qualified energy service providers. (1) Before selecting an energy service provider, a governmental entity shall solicit a request for proposals from a minimum of three qualified energy service providers. The governmental entity may select the qualified energy service provider determined by the governmental entity to best meet the needs of the governmental entity. The qualified energy service provider selected is not required to have submitted the proposal with the lowest cost.

(2) In selecting a qualified energy service provider, a governmental entity shall consider:

(a) experience with:

(i) design, engineering, and installation of cost-saving measures;

(ii) overall project management;

(iii) projects of similar size and scope;

(iv) postinstallation measurement and verification of guaranteed cost savings;

(v) in-state projects and Montana-based subcontractors;

(vi) commissioning of projects;

(vii) training of building operators; and

(viii) conversions to a different fuel source; and

(b) quality of technical approach.
Mont. Code Ann. § 90-6-103 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-103
90-6-103 Definitions
Status: in_force

90-6-103 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Board" means the board of housing created in 2-15-1814 .

(2) "Bond" means any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the board pursuant to this part, including those on which interest payments are taxable and those on which interest payments are tax exempt.

(3) "Capital reserve account" means the capital reserve account provided for in 90-6-107 .

(4) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.

(5) "Federally insured mortgage" means a mortgage loan for land development or residential housing insured or guaranteed by the United States or a governmental agency or instrumentality of the United States or a commitment by the United States or a governmental agency or instrumentalities of the United States to insure a mortgage.

(6) "Federally insured security" means an evidence of indebtedness insured or guaranteed as to repayment of principal and interest by the United States or an instrumentality of the United States.

(7) "Governmental agency" means any department, division, public corporation, public agency, political subdivision, or other public instrumentality of the state, the federal government, any other state or public agency, or any two or more of the entities listed in this subsection.

(8) "Housing development" means single-family homes, multifamily projects, housing for the elderly projects, nursing home projects, personal-care projects, and any work or undertaking financed in whole or in part under this part for the primary purpose of acquiring, constructing, or rehabilitating accommodations for persons or families of lower income in need of housing. An undertaking may include any buildings, land, equipment, facilities, or other real or personal properties that are necessary, convenient, or desirable in connection with a development, including but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and other nonhousing facilities that the board determines to be necessary, convenient, or desirable.

(9) "Housing development costs" means the sum total of all costs incurred in a housing development approved by the board as reasonable and necessary, including but not limited to:

(a) cost of land acquisition and any buildings on the land, including payments for options, deposits, or contracts to purchase properties on the proposed housing development site or payments for the purchase of properties;

(b) cost of site preparation, demolition, and clearing;

(c) architectural, engineering, legal, accounting, corporation, and other fees paid or payable in connection with the planning, execution, and financing of the housing development and the finding of an eligible mortgagee or mortgagees for the housing development;

(d) cost of necessary studies, surveys, plans, and permits;

(e) insurance, interest, financing, tax and assessment costs, and other operating and carrying costs during construction;

(f) cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, apparatus, and similar facilities related to the real property;

(g) cost of land improvements, including landscaping and offsite improvements, whether or not the costs have been paid in cash or in a form other than cash;

(h) necessary expenses in connection with initial occupancy of the housing development;

(i) a reasonable profit and risk fee in addition to job overhead to the general contractor and, if applicable, a limited-profit housing sponsor;

(j) an allowance established by the board for working capital and contingency reserves and reserves for any anticipated operating deficits during construction and initial occupancy;

(k) cost of other items, including tenant relocation, that the board determines to be reasonable and necessary for the housing development, less any net rents and other net revenue received from the operation of the real and personal property on the development site during the construction.

(10) "Housing sponsor" means individuals, joint ventures, partnerships, limited partnerships, trusts, firms, associations, corporations, governmental agencies, limited-profit housing sponsors, nonprofit corporations, or other legal entities or any combination of the entities listed in this subsection that are:

(a) approved by the board;

(b) qualified to either own, construct, acquire, rehabilitate, operate, manage, or maintain a housing development;

(c) subject to the rules of the board and other terms and conditions set forth in this part.

(11) "Lending institution" means any public or private entity or governmental agency approved by the board maintaining an office in this state and authorized by law to make or participate in making residential mortgages in the state.

(12) "Limited-profit housing sponsor" means a corporation, trust, partnership, association, other entity, or an individual restricted as to distribution of income and regulated as to rents, charges, rate of return, and methods of operation as the board determines necessary to carry out this part.

(13) "Mortgage" means a mortgage deed, deed of trust, or other instrument that constitutes a valid lien on real property in fee simple or on a leasehold under a lease having a remaining term at the time that the mortgage is acquired that does not expire for at least that number of years beyond the maturity date of the obligation secured by the mortgage established by the board as necessary to protect its interest as mortgagee.

(14) "Mortgage loan" means an interest-bearing obligation secured by a mortgage on land and improvements in the state.

(15) "Nonprofit housing sponsor" means a housing cooperative formed under Title 35, chapter 15, or a nonprofit corporation formed under Title 35, chapter 2, restricted as to distribution of income and regulated as to rents, charges, rate of return, and methods of operation as the board determines necessary, and whose articles of incorporation provide in addition that:

(a) the organization has been organized exclusively to provide housing developments for persons and families of lower income;

(b) all the income and earnings of the organization must be used exclusively for housing development purposes and part of the net income or net earnings of the organization may not inure to the benefit or profit of any private individual, firm, corporation, partnership, or association;

(c) the organization is in no manner controlled or under the direction or acting in the substantial interest of any private individual, firm, partnership, or association seeking to derive profit or gain from the organization or seeking to eliminate or minimize losses in any transactions with the organization, except that the limitations apply to members of a cooperative only to the extent provided by rules of the board;

(d) the operations of the organization may be supervised by the board and the organization will enter into agreements with the board to regulate planning, development, and management of any housing development undertaken by the organization and the disposition of the property or other interests of the organization.

(16) "Persons and families of lower income" means persons and families with insufficient personal or family income or other financial resources who require assistance under this part, as determined by the board, taking into consideration:

(a) the amount of the total personal and family income, assets, and other financial resources available for housing needs;

(b) the size of the family;

(c) the eligibility of persons and families under federal housing assistance of any type based on lower income or a functional or physical disability;

(d) the ability of persons and families to compete successfully in the normal housing market and to pay the amount at which private enterprise is providing decent, safe, and sanitary housing;

(e) the availability and cost of housing in particular areas; and

(f) needs of particular persons or families because of age or physical disabilities.

(17) "Rehabilitation" means the repair, reconstruction, or improvement of an existing structure to provide decent, safe, and sanitary housing or to conform housing with state or local health, building, fire prevention, and safety codes as determined by the board.
Mont. Code Ann. § 90-6-710 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-710
90-6-710 Priorities for projects -- procedure -- rulemaking
Status: in_force

90-6-710 . Priorities for projects -- procedure -- rulemaking. (1) The department of commerce must receive proposals for infrastructure projects from local governments on a continual basis. 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. For the projects under 90-6-703 (1)(a), the department shall prepare and submit two lists containing the recommended projects and the recommended form and amount of financial assistance for each project to the governor, prioritized pursuant to subsection (2) and this subsection. One list must contain the ranked and recommended bridge projects, and the other list must contain the remaining ranked and recommended infrastructure projects referred to in 90-6-701 (3)(a). Each list must be prioritized pursuant to subsection (2) of this section, but the department may recommend up to 20% of the interest earnings anticipated to be deposited into the Montana coal endowment fund established in 17-5-703 during the following biennium for bridge projects. Before making recommendations to the governor, the department may adjust the ranking of projects by giving priority to urgent and serious public health or safety problems. The governor shall review the projects recommended by the department and shall submit the lists of recommended projects and the recommended financial assistance to the legislature.

(2) (a) In preparing recommendations under subsection (1), preference must be given to infrastructure projects based on the following order of priority:

(i) projects that solve urgent and serious public health or safety problems or that enable local governments to meet state or federal health or safety standards;

(ii) projects that reflect greater need for financial assistance than other projects;

(iii) projects that incorporate appropriate, cost-effective technical design and that provide thorough, long-term solutions to community public facility needs;

(iv) projects that reflect substantial past efforts to ensure sound, effective, long-term planning and management of public facilities and that attempt to resolve the infrastructure problem with local resources;

(v) projects that enable local governments to obtain funds from sources other than the funds provided under this part;

(vi) projects that provide long-term, full-time job opportunities for Montanans, that provide public facilities necessary for the expansion of a business that has a high potential for financial success, or that maintain the tax base or that encourage expansion of the tax base; and

(vii) projects that are high local priorities and have strong community support.

(b) (i) The department may not recommend or prioritize projects submitted by a local government that is in violation of 2-1-602 pursuant to the provisions of 2-1-605 .

(ii) For the purposes of this subsection (2)(b), "local government" has the meaning provided in 2-1-601 .

(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 Montana coal endowment program.

(5) The department shall, in accordance with 5-11-210 , report to the legislature the status of all projects that have not been completed in order for the legislature to review each project's status and determine whether the authorized grant should be withdrawn.

(6) A local government may begin construction of the proposed infrastructure project after submitting an application to the department and prior to legislative approval of a grant award, if the local government:

(a) has secured the firm commitment of all funding necessary to finance the proposed project;

(b) assumes all risk, liability, and financing for the proposed project; and

(c) acknowledges that any project expenses incurred prior to legislative approval of a grant award may be rendered ineligible by the department if the local government fails to meet any program requirements set forth in this part or the rules adopted by the department pursuant to subsection (4).
Mont. Code Ann. § 90-6-114 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-114
90-6-114 Personal liability
Status: in_force

90-6-114 . Personal liability. The board members and employees of the department are not personally liable or accountable by reason of the issuance of or on any bond or note issued by the board.
Mont. Code Ann. § 90-9-103 — MT Code / Title 90 / Chapter 9 / Part 1 / Section 90-9-103
90-9-103 Definitions
Status: in_force

90-9-103 . (Temporary) Definitions. As used in this chapter, the following definitions apply:

(1) "Act" means the Montana Growth Through Agriculture Act.

(2) "Agricultural business" means an enterprise engaged in the production, processing, marketing, distribution, or exporting of agricultural products. The term includes any related business the primary function of which is providing goods or services to an agricultural enterprise.

(3) "Company" means a natural person, firm, partnership, corporation, association, or other entity authorized to conduct business in the state.

(4) "Council" means the Montana agriculture development council established in 2-15-3015 .

(5) "Department" means the department of agriculture established in 2-15-3001 .

(6) "Educational loan" means a loan made pursuant to a federal loan program, except for a federal parent loan for undergraduate students (PLUS) loan, as provided in 20 U.S.C. 1078-2, or a loan made by a private lender expressly for the payment of the borrower's college expenses. A portion of a consolidated loan may be considered if the qualifying amount can be determined fairly.

(7) "Educational loan servicer" means an entity that engages for compensation or gain from another or on its own behalf, in the business of:

(a) receiving any scheduled periodic payments from a borrower pursuant to the terms of an educational loan;

(b) applying the payments of principal and interest and other payments with respect to the amounts received from a borrower, as may be required pursuant to the terms of an educational loan; and

(c) performing other administrative services with respect to an educational loan.

(8) "Farmer" means a person who:

(a) is engaged in agricultural activities, including ranching, at a farm;

(b) participates in the day-to-day operations of a farm; and

(c) is the primary owner of an agricultural operation, including an heir, a successor, or an assignee of the operation.

(9) "Federal loan program" has the meaning provided in 20-4-502 .

(10) (a) "Matching funds" means the funds received by the loan or grant recipient from private, federal, state, or commodity checkoff funds and contributed by the recipient in support of a loan or grant application in an amount that is at least equal to the funds disbursed to the recipient by the council.

(b) Matching funds may not include other state grants.

(11) "State" means the state of Montana. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-6-213 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-213
90-6-213 Exemption from environmental review
Status: in_force

90-6-213 . Exemption from environmental review. The coal board is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants related to providing government services and facilities, expediting the construction, repair, and maintenance of a highway, or paying for prepaid property taxes for a major new industrial facility pursuant to this part.
Mont. Code Ann. § 90-1-132 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-132
90-1-132 Commission purposes -- duties and responsibilities
Status: in_force

90-1-132 . Commission purposes -- duties and responsibilities. (1) The general purposes of the state-tribal economic development commission include:

(a) assisting, promoting, encouraging, developing, and advancing economic prosperity and employment on Indian reservations in Montana by fostering the expansion of business, manufacturing, tourism, agriculture, and community development programs;

(b) cooperating and acting in conjunction with other organizations, public and private, to benefit tribal communities;

(c) recruiting business enterprises to locate on or invest in enterprises on the reservations; and

(d) identifying, obtaining, and coordinating federal, state, and private sector gifts, grants, loans, and donations to further economic development on the Indian reservations in Montana.

(2) The state-tribal economic development commission shall:

(a) in conjunction with the tourism advisory council provided for in 2-15-1816 , oversee use of proceeds to expand tourism activities and visitation in the Indian tourism region;

(b) determine the availability of federal, state, and private sector gifts, grants, loans, and donations to tribal governments, Indian business enterprises, and communities located on Indian reservations in Montana;

(c) apply for grants listed in the Catalog of Federal Domestic Assistance for which the commission is eligible and which would, if awarded, supply identifiable economic benefits to any or all of the Indian reservations in Montana;

(d) in cooperation with a tribal government, and when allowed by federal law and regulation, assist the tribe in applying for grants listed in the Catalog of Federal Domestic Assistance for which an appropriate tribal entity is eligible and which would, if awarded, supply identifiable economic benefits to any or all of the Indian reservations in Montana;

(e) evaluate the apportionment of current spending of federal funds by state agencies in areas including but not limited to economic development, housing, community infrastructure, business finance, tourism promotion, transportation, and agriculture;

(f) notify tribal governments, the governor, the state director of Indian affairs, and the directors of the departments of commerce, agriculture, and transportation, of the availability of specific federal, state, or private sector funding programs or opportunities that would directly benefit Indian communities in Montana;

(g) assist tribal governments and other tribal entities that are eligible for federal assistance programs as provided in the most recent published edition in the Catalog of Federal Domestic Assistance in applying for funds that would contribute to the respective tribes' economic development;

(h) work cooperatively with tribal government officials, the state director of Indian affairs, and other appropriate state officials to help foster state-tribal cooperative agreements pursuant to Title 18, chapter 11, part 1, that will:

(i) enhance economic development on the Indian reservations in Montana; and

(ii) help the department of commerce to fully implement and comply with the provisions of 90-1-105 ; and

(i) provide to the governor, the legislative council, the state-tribal relations committee, the legislative auditor, and to each of the presiding officers of the tribal governments in Montana a biennial report in accordance with 5-11-210 that summarizes the activities of the commission.
Mont. Code Ann. § 90-5-113 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-113
90-5-113 Advice and information by department of commerce
Status: in_force

90-5-113 . Advice and information by department of commerce. The department of commerce shall furnish advice and information in connection with a project when requested to do so by a county or municipality.
Mont. Code Ann. § 90-4-313 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-313
90-4-313 Compliance
Status: in_force

90-4-313 . Compliance. Notwithstanding any provision of law or contract to the contrary, all persons who are specifically ordered by the governor to comply with an order issued or action taken pursuant to this part shall comply. A proceeding or project that is commenced under an energy emergency may proceed to completion even if the completion occurs after the termination of the emergency.
Mont. Code Ann. § 90-6-323 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-323
90-6-323 Local government budget authority
Status: in_force

90-6-323 . Local government budget authority. A local government unit may budget and expend payments received from a mineral developer under this part or part 4 of this chapter or pursuant to a plan approved under this part. If a payment is requested or received after the adoption of the budget for the fiscal year in which the payment is to be expended, the governing body of the local government unit may by a majority vote amend its budget to provide for the receipt and expenditure of the payment.
Mont. Code Ann. § 90-7-319 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-319
90-7-319 Maintenance of capital reserve account
Status: in_force

90-7-319 . Maintenance of capital reserve account. (1) In order to ensure the maintenance of the capital reserve account, the presiding officer of the authority shall, on or before September 1 in each year preceding the convening of the legislature, deliver to the governor a certificate stating the sum, if any, required to restore the capital reserve account to the sum of minimum capital reserve requirements. The governor shall include in the executive budget submitted to the legislature the sum required to restore the capital reserve account to the minimum capital reserve requirements. All funds appropriated by the legislature for maintenance of the capital reserve account must be deposited in the account as required in 90-7-317 .

(2) All amounts appropriated to the authority under this section constitute advances to the authority and, subject to the rights of the holders of bonds or notes of the authority, must be repaid to the state general fund, without interest from available operating revenue of the authority in excess of amounts required for the payment of bonds, notes, or other obligations of the authority, for maintenance of the capital reserve account, and for operating expenses.
Mont. Code Ann. § 90-14-107 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-107
90-14-107 Office of community service -- accounts
Status: in_force

90-14-107 . Office of community service -- accounts. (1) There is an account in the state special revenue fund. The office of community service and all participating agencies shall deposit any fee, grant, donation, or reimbursement received under this part into the account to be used to pay expenses for administering and providing service projects.

(2) There is an account in the federal special revenue fund. The office of community service and all participating agencies shall deposit any federal revenue received under the National and Community Service Act of 1990, Public Law 101-610, as amended, and any other federal revenue received related to the purposes and implementation of the provisions of this part into the account to be used to pay expenses for administering and providing service projects.

(3) Reimbursement may be provided to state agencies for work on private property or for other public service. In the case of emergencies and natural disasters, projects may take place on properties not owned by a public agency without regard to private reimbursement.

(4) The office of community service may transfer funds to participating state agencies for approved community service projects, and lead agencies may transfer funds between each other for cooperative projects. Disbursement authority follows any transfers.

(5) Funds for additional personal services, operating costs, and equipment costs may be appropriated.
Mont. Code Ann. § 90-7-111 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-111
90-7-111 Credit of state not pledged -- statement on obligation required
Status: in_force

90-7-111 . Credit of state not pledged -- statement on obligation required. (1) Obligations issued under the provisions of this chapter do not constitute a debt, liability, obligation, or pledge of the faith and credit of the state but are payable solely from the revenue or assets of the institution being financed.

(2) An obligation issued under this chapter must contain on the face of the obligation a statement to the effect that the state of Montana is not liable on the obligation, the obligation is not a debt of the state, and neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on the obligation.
Mont. Code Ann. § 90-4-309 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-309
90-4-309 Energy supply alert
Status: in_force

90-4-309 . Energy supply alert. (1) The governor may, upon finding that an energy alert condition exists, declare an energy alert for a period of not longer than 90 days, setting forth the reasons for the alert. The declaration may be renewed for 90-day periods upon a finding that the energy alert condition will continue for the further period.

(2) Whenever the governor has declared an energy supply alert, the governor may by executive order direct actions:

(a) reducing energy resource usage by state agencies and political subdivisions;

(b) promoting conservation, prevention of waste, and salvage of energy resources and the materials, services, and facilities derived from energy resources or dependent on energy resources by state agencies and political subdivisions.
Mont. Code Ann. § 90-4-1201 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1201
90-4-1201 Short title
Status: in_force

90-4-1201 . Short title. This part may be cited as the "Montana Clean Renewable Energy Bond Act".
Mont. Code Ann. § 90-4-625 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-625
90-4-625 Energy conservation program debt service account
Status: in_force

90-4-625 . Energy conservation program debt service account. There is an energy conservation program debt service account within the debt service fund type established in 17-2-102 .
Mont. Code Ann. § 90-7-228 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-228
90-7-228 Additional reserves, funds, and accounts
Status: in_force

90-7-228 . Additional reserves, funds, and accounts. The authority may in its discretion establish additional reserves or other funds or accounts necessary, desirable, or convenient to further the accomplishment of the purposes of this chapter or to comply with the provisions of its resolution or agreements.
Mont. Code Ann. § 90-1-413 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-413
90-1-413 Rulemaking
Status: in_force

90-1-413 . Rulemaking. The state library may adopt rules necessary to implement and administer the provisions of this part.
Mont. Code Ann. § 90-7-102 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-102
90-7-102 Definitions
Status: in_force

90-7-102 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Authority" means the Montana facility finance authority created in 2-15-1815 .

(2) "Capital reserve account" means the account established in 90-7-317 .

(3) "Costs" means costs allowed under 90-7-103 .

(4) "Eligible facility" means any eligible facility as defined in 90-7-104 .

(5) (a) "Institution" means any public or private:

(i) nonprofit hospital, corporation, or other organization authorized to provide or operate an eligible facility in this state;

(ii) nonprofit prerelease center, corporation, or other organization authorized to operate a prerelease center in this state; or

(iii) for-profit or nonprofit corporation or other organization authorized to provide for or to operate a project;

(iv) eligible facility with qualified small issue bond financing pursuant to section 144(a) of the Internal Revenue Code, 26 U.S.C. 144(a); or

(v) nonprofit organized under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3).

(b) The term also includes the following, provided that the entity is a nonprofit entity or is controlled by one or more nonprofit entities:

(i) a network of health care providers, regardless of how it is organized;

(ii) an integrated health care delivery system;

(iii) a joint venture or partnership between or among health care providers;

(iv) a purchasing alliance composed of health care providers;

(v) any health insurers and third-party administrators that are participants in a system, network, joint venture, or partnership that provides health services through one or more health facilities.

(6) "Participating institution" means an institution that undertakes the financing, refunding, or refinancing of obligations on the construction or acquisition of an eligible facility pursuant to the provisions of this chapter.

(7) "Revenue" means, with respect to eligible facilities, the rents, fees, charges, interest, principal repayments, and other income received or to be received by the authority from any source on account of the eligible facilities.
Mont. Code Ann. § 90-5-304 — MT Code / Title 90 / Chapter 5 / Part 3 / Section 90-5-304
90-5-304 Extension of business assistance services to employee-owned enterprises
Status: in_force

90-5-304 . Extension of business assistance services to employee-owned enterprises. A business assistance program operated by the state must include employee-owned enterprises within the scope of its business assistance activities. An employee-owned enterprise is eligible for assistance, service, or financing available through any business assistance program receiving state money.
Mont. Code Ann. § 90-1-134 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-134
90-1-134 No waiver of tribal sovereignty
Status: in_force

90-1-134 . No waiver of tribal sovereignty. Sections 90-1-105 and 90-1-132 do not constitute or imply any waiver of sovereignty on the part of any of the federally recognized tribes in Montana.
Mont. Code Ann. § 90-15-302 — MT Code / Title 90 / Chapter 15 / Part 3 / Section 90-15-302
90-15-302 Natural heritage program
Status: in_force

90-15-302 . Natural heritage program. (1) There is a Montana natural heritage program to be operated by the library. In order to establish the program, the library may contract with an independent contractor or may employ necessary staff. In order to minimize costs, the library or other state agencies may make available state resources and facilities to an independent contractor as part of a contract for services.

(2) The Montana natural heritage program shall be designed to be compatible with similar programs in other states. This program is to be an initial step in the formulation of the comprehensive natural resource information system referred to in 90-15-301 and is to be considered a part of the system.
Mont. Code Ann. § 90-1-607 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-607
90-1-607 Review of proposal challenges -- approval
Status: in_force

90-1-607 . (Temporary) Review of proposal challenges -- approval. (1) Fourteen business days following the closing of the submission window, the department shall make the proposals received available for review in a publicly available electronic file, subject to the confidentiality provisions of 90-1-606 (3).

(2) The department shall develop criteria for a challenge process and publish the criteria for public comment at least 14 days prior to the opening of the challenge window. Final responses to challenges must be provided within 30 days of receipt of a challenge for the purpose of expediting awarded projects for modifications accepted through the challenge process.

(3) In reviewing proposals and any accompanying challenge, the department shall conduct its own review of the proposed project areas to ensure that all awarded funds are used to deploy broadband service to unserved or underserved areas. The department may require a provider or challenging provider to submit additional information consistent with this part to enable it to properly assess the proposal or challenge. The department may not award a contract to fund deployment of broadband service for a project area that fails to meet any of the criteria provided in this part for being an unserved or underserved area. The department may require a provider to modify a proposal based on broadband access in the proposed area or other relevant factors.

(4) The department shall award funding support for projects set forth in responsive proposals based on a scoring system, approved by the commission, that must be released to the public at least 30 days prior to the window for submission of proposals. The weighting scheme employed by the department must give the highest weight or priority to the criteria provided by the national telecommunications and information administration and the following:

(a) whether the proposed project area serves unserved or underserved areas, with unserved areas receiving greater weight;

(b) the number of households, businesses, farms, ranches, and community anchor institutions served;

(c) whether the proposed project qualifies as an extremely high cost per location threshold as defined by the department and approved by the national telecommunications and information administration or is a high-cost area as defined by the national telecommunications and information administration;

(d) the length of time the provider has been providing broadband service in the state;

(e) the extent to which government funding support is necessary to deploy broadband service infrastructure in the proposed project area;

(f) the service speed thresholds proposed in the proposal and the scalability of the broadband service proposed to be deployed with higher speed thresholds receiving greater weight;

(g) the provider's ability to leverage its own nearby or adjacent broadband service infrastructure to facilitate the cost-effective deployment of broadband service infrastructure in the proposed project area;

(h) the estimated time in which the provider proposes to complete the proposed project;

(i) any other factors the department, as recommended by the commission, determines to be reasonable and appropriate, consistent with the Infrastructure Investment and Jobs Act, Public Law 117-58, and the national telecommunications and information administration; and

(j) broadband service providers who have broadband service infrastructure already deployed in the project area.

(5) High-cost areas must be considered for services to the extent terrestrial service is economically viable.

(6) The department shall set a reasonable timeframe to complete projects selected for funding approval. The department may, in consultation with the provider, set reasonable milestones regarding this completion. The department shall create procedures including penalties associated with any failure to comply with the provisions of the awarded contract without reasonable cause. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-1-118 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-118
90-1-118 Small business eligibility criteria
Status: in_force

90-1-118 . Small business eligibility criteria. (1) To be eligible for a state matching grant under 90-1-117 through 90-1-119 , a business shall provide evidence to the department of commerce that the business meets all of the following criteria:

(a) the business is a for-profit sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation registered with the secretary of state under Title 35 and has its principal place of business in this state;

(b) the business has received a phase I award under a small business innovative research grant or small business technology transfer grant from a participating federal agency in response to a specific federal solicitation;

(c) the business meets all federal eligibility requirements for a small business innovative research grant or a small business technology transfer grant;

(d) the business is not concurrently receiving funding from other state funding programs that duplicate the purpose stated in 90-1-117 ;

(e) the business certifies that at least 51% of the research described in the business's proposal for phase II funding under a small business innovative research grant or small business technology transfer grant is to be conducted in this state and that the business will remain a Montana-based business for the duration of a phase II project under a small business innovative research grant or small business technology transfer grant; and

(f) the business demonstrates an ability to conduct research for the business's phase II proposal under the small business innovative research grant or small business technology transfer grant.

(2) As provided in 30-20-206 , manufacturing ammunition components is a qualified economic development purpose.
Mont. Code Ann. § 90-1-203 — MT Code / Title 90 / Chapter 1 / Part 2 / Section 90-1-203
90-1-203 Types of financial assistance available
Status: in_force

90-1-203 . Types of financial assistance available. (1) The department shall provide for and make grants and loans available to eligible businesses for economic development projects from the money in the economic development special revenue account provided for in 90-1-205 .

(2) A grant or loan may not be used for a project that would result in the transfer or relocation of jobs from one part of the state to another part of the state.
Mont. Code Ann. § 90-5-109 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-109
90-5-109 Cost of projects
Status: in_force

90-5-109 . Cost of projects. The cost of acquiring or improving any project shall be deemed to include the following:

(1) the actual cost of acquiring or improving real estate for any project;

(2) the actual cost of construction of all or any part of a project which may be constructed, including architects' and engineers' fees;

(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition or improvement;

(4) bond reserves and premiums for insurance of lease rentals pledged to pay the bonds; and

(5) the interest on such bonds for a reasonable time prior to construction, during construction, and for not exceeding 6 months after completion of construction.
Mont. Code Ann. § 90-6-716 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-716
90-6-716 Exemption from environmental review
Status: in_force

90-6-716 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants related to infrastructure projects or planning pursuant to this part.
Mont. Code Ann. § 90-6-104 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-104
90-6-104 General powers of the board
Status: in_force

90-6-104 . General powers of the board. The board may:

(1) sue and be sued;

(2) have a seal;

(3) adopt all procedural and substantive rules necessary for the administration of this part, including rules concerning its mortgage, construction, and temporary lending programs;

(4) make contracts, agreements, and other instruments necessary or convenient for the exercise of its powers under this part;

(5) enter into agreements or other transactions with any federal, state, or local governmental agency, any persons, and any domestic or foreign partnership, corporation, association, or organization in carrying out this part;

(6) enter into agreements under its rules with sponsors, mortgagors, or lending institutions for the purpose of regulating the analysis, planning, development, and management of housing developments financed in whole or in part by the proceeds of its loans or securities and mortgage purchase programs;

(7) enter into agreements or other transactions with, and accept grants and the cooperation of, any governmental agency in furtherance of this part, including but not limited to the development, leasing, maintenance, operation, and financing of any housing development;

(8) accept services, appropriations, gifts, grants, bequests, and devises and utilize or dispose of them in carrying out this part;

(9) acquire real or personal property or any right, interest, or easement therein by gift, purchase, transfer, foreclosure, lease, or otherwise; hold, sell, assign, lease, encumber, mortgage, or otherwise dispose thereof; hold, sell, assign, or otherwise dispose of any mortgage or loan owned by it or in its control or custody; release or relinquish any right, title, claim, interest, easement, or demand, however acquired, including any equity or right of redemption; do any of the foregoing by public or private sale, with or without public bidding; commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract, or other agreement; bid for and purchase property at any foreclosure or other sale or acquire or take possession of it in lieu of foreclosure; and operate, manage, lease, dispose of, and otherwise deal with such property in any manner necessary or desirable to protect its interests and the holders of its bonds or notes and consistent with any agreement with such holders;

(10) service and contract and pay for the servicing of loans;

(11) provide general technical services in the analysis, planning, design, processing, construction, rehabilitation, and management of housing developments for persons and families of lower income where these services are not otherwise available;

(12) provide general consultative services to housing developments for persons and families of lower income and the residents thereof with respect to counseling and training in management, home ownership, and maintenance where these services are not otherwise available;

(13) invest any funds not required for immediate use, subject to any agreements with its bondholders and noteholders, as provided in Title 17, chapter 6, except all investment income from funds of the board less the cost for investment as prescribed by law must be deposited in the housing authority enterprise fund;

(14) sell its loans or securities to the federal national mortgage association or any other agency or instrumentality of the United States and invest in the capital stock issued by the association or other agency or instrumentality to the extent, if any, required as a condition of the sale;

(15) consent, whenever it considers it necessary or desirable in fulfilling its purposes, to the modification of the rate of interest, time, and payment of any installment of principal or interest, security, or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, construction loan, advance contract, or agreement of any kind, subject to any agreement with bondholders and noteholders;

(16) collect reasonable interest, fees, and charges in connection with making and servicing its loans, notes, bonds, commitments, and other evidences of indebtedness and in connection with providing technical, consultative, and project assistance services. Interest fees and charges are limited to the amounts required to pay the costs of the board, including operating and administrative expenses and reasonable allowances for losses that may be incurred.

(17) procure insurance against any loss in connection with its mortgages and mortgage loans and other assets or property in amounts and from insurers as the board considers desirable or necessary;

(18) act as agent for governmental agencies concerning acquisition, construction, leasing, operation, or management of a housing development;

(19) issue notes and bonds and replace lost, destroyed, or mutilated notes and bonds; and

(20) develop special programs for housing developments for veterans of the armed forces of the United States who are unable to acquire safe and sanitary housing through lending institutions by conventional means.
Mont. Code Ann. § 90-1-156 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-156
90-1-156 Purposes -- fundraising
Status: in_force

90-1-156 . Purposes -- fundraising. (1) The purposes of the commission are to:

(a) advance bilateral trade and investment between Montana and Ireland;

(b) initiate joint action on issues of mutual interest to Montana and Ireland;

(c) promote business and academic exchanges between Montana and Ireland;

(d) encourage mutual economic support between Montana and Ireland;

(e) encourage mutual investment in the infrastructure of Montana and Ireland; and

(f) address any other issues deemed to be of mutual benefit to Montana and Ireland.

(2) The commission may raise funds through direct solicitation or other fundraising events, alone or with other groups, and may accept gifts, grants, and donations to carry out its purpose.
Mont. Code Ann. § 90-1-162 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-162
90-1-162 Heritage preservation and cultural tourism commissions
Status: in_force

90-1-162 . Heritage preservation and cultural tourism commissions. (1) Counties, consolidated governments, and municipalities may create heritage preservation and cultural tourism commissions or authorize existing historic preservation commissions to conduct heritage preservation and cultural tourism programs according to the provisions of 90-1-160 through 90-1-164 and 90-1-167 through 90-1-169 .

(2) A heritage preservation and cultural tourism commission must have at least five members. Commission members must have professional backgrounds and be trained in or have a demonstrated interest in historic preservation, the arts or culture of the locality, and the tourism and economic development interests of the locality.
Mont. Code Ann. § 90-4-606 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-606
90-4-606 Program report and recommendations
Status: in_force

90-4-606 . Program report and recommendations. The governor shall submit the projects proposed to be funded by the energy conservation program for the next biennium as a part of the budget required by 17-7-123 . The governor shall make available, as provided by 17-7-124 :

(1) the report prepared by the department; and

(2) the proposed method of financing the improvement.
Mont. Code Ann. § 90-6-113 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-113
90-6-113 Validity of pledge
Status: in_force

90-6-113 . Validity of pledge. Any pledge made by the board shall be valid and binding from the time the pledge is made. The revenues, moneys, or property pledged and thereafter received by the board shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act. The lien of any pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the board, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
Mont. Code Ann. § 90-2-1121 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1121
90-2-1121 Prohibited compensation to public officers or employees -- penalty
Status: in_force

90-2-1121 . Prohibited compensation to public officers or employees -- penalty. (1) An officer, attorney, or other employee of the department may not directly or indirectly be the beneficiary of or receive any fee, commission, gift, or other consideration in connection with any transaction or business under the reclamation and development grants program other than the salary, fee, or other compensation received as an officer, attorney, or employee.

(2) A person convicted of violating any provision of this section shall be punished by a fine not to exceed $2,000 plus the value of any consideration illegally received or by imprisonment for a term not to exceed 2 years, or both. Any fines collected under this section must be deposited in the natural resources projects state special revenue account established in 15-38-302 .
Mont. Code Ann. § 90-6-207 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-207
90-6-207 Priorities for impact grants
Status: in_force

90-6-207 . Priorities for impact grants. (1) The department of commerce shall biennially designate:

(a) each county, incorporated city and town, school district, and other governmental unit that has had or expects to have as a result of the impact of coal development a net increase or decrease in estimated population of at least 10% over one of the 3-year periods specified in subsection (4);

(b) each county and all local governmental units within each county in which:

(i) a mining permit in accordance with the Montana Strip and Underground Mine Reclamation Act has been granted by the department of environmental quality for a project within the county that will establish a new coal mine to produce at least 300,000 tons a year and that the department of commerce determines will commence production within 2 years;

(ii) the department of commerce has determined that the production of an existing mine will increase or decrease by at least 1 million tons a year and that the new, expanded, or reduced production will commence within 2 years of the designation;

(iii) a newly constructed railroad serves a new, existing, or expanding coal mine; or

(iv) an air quality permit has been issued by the department of environmental quality for a new steam-generating or other new coal-burning facility that will consume at least 1 million tons a year of Montana-mined coal and for which the department of commerce determines the construction or operation will commence within 2 years of the designation;

(c) each local governmental unit located within 100 miles, measured over the shortest all-weather public road, of a mine or facility qualifying under subsection (1)(b)(i), (1)(b)(ii), or (1)(b)(iv); and

(d) each local governmental unit in which:

(i) a mine that has produced 300,000 tons or more of coal a year has ceased all significant mining or is scheduled to cease within 1 year; or

(ii) a steam-generating or other coal-burning facility that has operated under an air quality permit issued by the department of environmental quality and that has consumed at least 1 million tons of Montana-mined coal a year has closed or is scheduled to close within 1 year.

(2) Designation under subsection (1) of:

(a) any local governmental unit extends to and includes as a designated unit the county in which it is located; and

(b) a county extends to and includes as a designated unit any local governmental unit in the county that contains at least 10% of the total population of the county.

(3) Except as provided in 90-6-205 (4)(b), the board may not award more than 50% of the funds appropriated to it each year for grants to governmental units and state agencies for meeting the needs caused by an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex to local governmental units other than those governmental units designated under subsection (1).

(4) For the purposes of subsection (1), the department of commerce shall use five 3-year periods as follows:

(a) one consecutive 3-year period ending 2 calendar years prior to the current calendar year;

(b) one consecutive 3-year period ending 1 calendar year prior to the current calendar year;

(c) one consecutive 3-year period ending with the current calendar year;

(d) one consecutive 3-year period ending 1 calendar year after the current calendar year; and

(e) one consecutive 3-year period ending 2 calendar years after the current calendar year.

(5) Attention should be given by the board to the need for community planning before the full impact is realized. Applicants should be able to show how their request reasonably fits into an overall plan for the orderly management of the existing or contemplated growth or decline problems.

(6) All funds appropriated under this part are for use related to local impact.

(7) All designations based on an increase in coal development or in the consumption of coal by a coal-using energy complex made under subsection (1)(a), (1)(b), or (1)(c) must be for 1 year. A designation may not continue after the department of commerce determines that the mine, railroad, or facility that provided the basis for a designation is contributing sufficient tax revenue to the designated governmental unit to meet the increased costs of providing the services necessitated by the development of the mine, railroad, or facility. However, nondesignated local governmental units continue to be eligible for coal impact grants of not more than 50% of the funds appropriated to the board for grants in circumstances in which an impact exists in a community or area directly affected by:

(a) the operation of a coal mine or a coal-using energy complex; or

(b) the cessation or reduction of coal mining activity or of the operation of a coal-using energy complex.
Mont. Code Ann. § 90-6-126 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-126
90-6-126 Pledge of the state
Status: in_force

90-6-126 . Pledge of the state. In accordance with the constitutions of the United States and the state of Montana, the state pledges that it will not in any way impair the obligations of any agreement between the board and the holders of notes and bonds issued by the board, including but not limited to an agreement to administer a loan program financed by the issuance of bonds and to employ a staff sufficient and competent for this purpose.
Mont. Code Ann. § 90-4-614 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-614
90-4-614 Appropriation of energy cost savings
Status: in_force

90-4-614 . Appropriation of energy cost savings. (1) In preparing the executive budget each biennium, the governor shall include for each state agency that is participating in the state energy conservation program using money from the energy conservation program account provided for in 90-4-613 an estimate of the energy cost savings expected for that agency in each year of the biennium.

(2) Each session, the legislature shall review the governor's submission pursuant to 90-4-606 and subsection (1) of this section and appropriate in the general appropriations act authority for each participating state agency to transfer funds in an amount equal to the agency's energy cost savings to the energy conservation program debt service account established in 90-4-625 .

(3) The current level utility appropriations of each state agency participating in the energy conservation program must be reduced by the amount appropriated in subsection (2).

(4) Each participating state agency shall transfer on request of the department the amount appropriated in accordance with subsection (2).
Mont. Code Ann. § 90-1-410 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-410
90-1-410 Montana geospatial information account -- distribution of funds
Status: in_force

90-1-410 . Montana geospatial information account -- distribution of funds. (1) The state library shall annually prepare a budget to carry out the state library's responsibilities described in 90-1-404 . Money in the account may be used to fund all or a portion of the budget or to otherwise accomplish the purposes of this part.

(2) The state library shall ensure that funds distributed under this part are managed by the recipient of the funds according to standards and practices established by the state library to allow for the greatest use and sharing of geographic information systems, geospatial information, or geospatial technologies.
Mont. Code Ann. § 90-4-316 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-316
90-4-316 Rules and executive orders
Status: in_force

90-4-316 . Rules and executive orders. Notwithstanding the exemption from the provisions of the Montana Administrative Procedure Act granted to the governor in Title 2, chapter 4, MCA, the governor may adopt rules necessary to implement this part and cause their adoption and publication to be completed in the same manner as the adoption and publication of agency rules. In addition, executive orders of the governor implementing provisions of this part shall be published in the Montana Administrative Register upon request of the governor.
Mont. Code Ann. § 90-6-403 — MT Code / Title 90 / Chapter 6 / Part 4 / Section 90-6-403
90-6-403 Jurisdictional revenue disparity -- conditioned exemption and reallocation of certain taxable valuation
Status: in_force

90-6-403 . Jurisdictional revenue disparity -- conditioned exemption and reallocation of certain taxable valuation. (1) When an impact plan for a large-scale mineral development approved pursuant to 90-6-307 identifies a jurisdictional revenue disparity, the board shall promptly notify the developer, all affected local government units, and the department of revenue of the disparity. Except as provided in 90-6-404 and this section, the increase in taxable valuation of the mineral development that occurs after the issuance and validation of a permit under 82-4-335 is not subject to the usual application of county and school district property tax mill levies. This increase in taxable valuation must be allocated to local government units as provided in 90-6-404 . The increase in taxable valuation allocated as provided in 90-6-404 is subject to 15-10-420 and the application of property tax mill levies in the local government unit to which it is allocated. The increase in taxable valuation allocated to the local government unit is considered newly taxable property in the recipient local government unit as provided in 15-10-420 .

(2) The total taxable valuation of a large-scale mineral development remains subject to the statewide mill levies and basic county levies for elementary and high school BASE funding programs as provided in 20-9-331 and 20-9-333 .

(3) The provisions of subsection (1) remain in effect until the large-scale mineral development ceases operations or until the existence of the jurisdictional revenue disparity ceases, as determined by the board.
Mont. Code Ann. § 90-15-301 — MT Code / Title 90 / Chapter 15 / Part 3 / Section 90-15-301
90-15-301 Establishment of information system
Status: in_force

90-15-301 . Establishment of information system. (1) The library shall establish a planning framework for the implementation of a natural resource information system and shall begin implementation of the plan. This system is to be a comprehensive program for the acquisition, storage, and retrieval of existing data relating to the natural resources of Montana.

(2) The library shall give attention to the following factors and shall prepare any legislation necessary to implement the system:

(a) the categories and types of data to be collected for a natural resource information system;

(b) the format of data collection;

(c) existing sources of relevant data in the public sector;

(d) data acquisition, storage, and retrieval methodologies that are economical and efficient, that minimize or eliminate the duplication of databases, and that use computer networking;

(e) probable costs to agencies furnishing required data and probable costs of managing the data;

(f) probable benefits to be realized by the establishment of a natural resource information system;

(g) operation of the Montana natural heritage program; and

(h) other items of importance to the establishment of a natural resource information system.

(3) It is not intended that the system shall require fieldwork to produce data. The system is intended to facilitate the management of data collected by state agencies in the normal course of their operations.
Mont. Code Ann. § 90-1-602 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-602
90-1-602 Definitions
Status: in_force

90-1-602 . (Temporary) Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) (a) "Broadband" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. The term includes capabilities that are incidental to and enable the operation of the communications service.

(b) The term does not include dial-up internet access service.

(2) "Broadband equity, access, and deployment program" means the program established by the Infrastructure Investment and Jobs Act, Public Law 117-58, and implemented by the national telecommunications and information administration.

(3) "Broadband service" means the signal transmission facilities and associated network equipment proposed to be deployed in a project area used for the provision of broadband service to residential, business, and government customers.

(4) "Challenge" means a contest to a proposal submitted to the department for funding on the grounds as provided for by the national telecommunications and information administration.

(5) "Commission" means the communications advisory commission established in 90-1-603 .

(6) "Community anchor institution" means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, or community support organization.

(7) "Department" means the department of administration.

(8) "Eligible provider" means an entity that:

(a) has authorization to do business in the state; and

(b) has demonstrated that it has the technical, financial, and managerial resources and experience to provide broadband service or other communications service to customers in the state.

(9) "Extremely high cost per location threshold" is a subsidy cost for each location to be utilized during the proposal selection process in which a proposal may be declined if use of an alternative technology meeting the broadband, equity, access, and deployment program program's technical requirements would be less expensive.

(10) "FCC" means the federal communications commission.

(11) "High-cost area" means an unserved area in which the cost of building out broadband service is fiscally imprudent, and the area contains no less than 80% of unserved broadband-serviceable locations.

(12) "Last mile" means broadband infrastructure that serves as the final leg connecting the broadband service provider's network to the end-user customer's premises.

(13) "Middle mile" means broadband infrastructure that does not connect directly to an end-user location, including a community anchor institution, and includes leased dark fiber, interoffice transport, backhaul, transport connectivity to data centers, special access transport and other similar services, and wired or private wireless broadband infrastructure, including microwave capacity, radio tower access, and other services or infrastructure for wireless broadband network, such as towers, fiber, and microwave links.

(14) "Project" means a proposed deployment of broadband service infrastructure set forth in a proposal for funding authorized under this part.

(15) "Project area" means a shapefile area in an unserved or underserved area where the proposed broadband service infrastructure would be built as described in a proposal for funding authorized under this part.

(16) "Shapefile" means a GIS file format for storing, depicting, and analyzing geospatial data depicting broadband coverage. It is made up of several component files, such as a main file (.shp), an index file (.shx), and a dBASE table (.dbf).

(17) "Underserved area" means a location or area that is not an unserved location and that lacks access to broadband service offered with a speed of not less than 100 megabits per second for downloads, a speed of not less than 20 megabits per second for uploads, and latency less than or equal to 100 milliseconds.

(18) "Underserved service project" means a project in which not less than 80% of broadband-serviceable locations served by the project are unserved areas or underserved areas.

(19) "Unserved area" means a broadband-serviceable location or area that has no access to broadband service or lacks service offered with a speed of not less than 25 megabits per second for downloads, a speed of not less than 3 megabits per second for uploads, and a latency less than or equal to 100 milliseconds.

(20) "Unserved service project" means a project in which not less than 80% of broadband-serviceable locations served by the project are unserved locations. An unserved service project may be as small as a single unserved location. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-1-504 — MT Code / Title 90 / Chapter 1 / Part 5 / Section 90-1-504
90-1-504 Use of funds -- statutory appropriation
Status: in_force

90-1-504 . Use of funds -- statutory appropriation. Money in the distressed wood products industry revolving loan account, the distressed wood products matching fund, and the related federal special revenue fund is statutorily appropriated, as provided in 17-7-502 , for the purpose of administering this part.
Mont. Code Ann. § 90-6-203 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-203
90-6-203 Definition of coal board
Status: in_force

90-6-203 . Definition of coal board. "Board" means the coal board provided for in 2-15-1821 .
Mont. Code Ann. § 90-6-505 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-505
90-6-505 Mortgage requirements
Status: in_force

90-6-505 . Mortgage requirements. (1) Any mortgage securing payments made by a mortgagee to a mortgagor pursuant to a reverse annuity mortgage loan must be sufficiently definite, certain, and valid to secure all money actually advanced pursuant to and in accordance with its terms. The mortgage must secure money advanced at or subsequent to closing of the loan, up to but not exceeding the full amount of the loan. A reverse annuity mortgage has the same priority as if all money had been advanced at the time the mortgage was delivered. The mortgage must include but not be limited to the following:

(a) a statement that it is a reverse annuity mortgage loan;

(b) the full amount of the loan authorized;

(c) a statement of the dates on which advancements are to be made and the amounts of such advancements; and

(d) the events that will give rise to the maturity of the loan.

(2) The mortgagee and the mortgagor may modify the advancement dates in the mortgage by a statement signed by all parties to the mortgage and properly recorded with the original mortgage instrument. The modification may not limit or otherwise affect the priority of the mortgage.
Mont. Code Ann. § 90-7-306 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-306
90-7-306 Trust funds
Status: in_force

90-7-306 . Trust funds. All money received pursuant to this chapter, whether as proceeds from the sale of bonds, notes, or other obligations or as revenue or receipts, are trust funds to be held and applied solely as provided in this chapter. Any officer with whom or any bank or trust company with which such money is deposited shall act as trustee of the money and shall hold and apply it for the purposes of this chapter, subject to such regulations as this chapter and the resolution authorizing the bonds, notes, or other obligations of any issue or the trust agreement securing the obligations may provide.
Mont. Code Ann. § 90-9-502 — MT Code / Title 90 / Chapter 9 / Part 5 / Section 90-9-502
90-9-502 Eligibility -- amount of loan repayment assistance
Status: in_force

90-9-502 . (Temporary) Eligibility -- amount of loan repayment assistance. (1) A farmer is qualified for loan repayment assistance if the farmer:

(a) is a resident of Montana whose primary occupation is to operate a farm;

(b) has graduated from a postsecondary institution as defined in 20-26-603 with an associate degree or a baccalaureate degree; and

(c) commits to operate the farm for at least 5 years after applying for loan repayment assistance pursuant to this part.

(2) A farmer who is qualified pursuant to subsection (1) is eligible for loan repayment assistance for up to a maximum of 5 years.

(3) The total amount of loan repayment assistance for an eligible qualified farmer may not exceed 50% of the total amount of educational loans outstanding on the application date for loan repayment assistance.

(4) A farmer who qualifies for and receives loan repayment assistance shall repay that assistance if the farmer ceases to operate the farm before the end of the 5-year commitment. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-5-114 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-114
90-5-114 Preference of Montana labor
Status: in_force

90-5-114 . Preference of Montana labor. (1) Any contract to construct a project financed pursuant to this part must require all contractors to give preference to the employment of bona fide Montana residents, as defined in 18-2-401 , in the performance of the work on the projects if their qualifications are substantially equal to those of nonresidents. "Substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons.

(2) A contract let for a project costing more than $25,000 and financed from the proceeds of bonds issued under this part on or after July 1, 1993, must contain a provision that requires the contractor to pay the standard prevailing wage rate in effect and applicable to the district in which the work is being performed.
Mont. Code Ann. § 90-1-181 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-181
90-1-181 Functions of department of commerce -- socioeconomic advocacy
Status: in_force

90-1-181 . Functions of department of commerce -- socioeconomic advocacy. The department of commerce may, if funds are available, advocate on behalf of local governments, as defined in 7-11-1002 , by reviewing, analyzing, and commenting on prospective impacts on local socioeconomic conditions from federal land management proposals.
Mont. Code Ann. § 90-1-182 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-182
90-1-182 State assistance to local governments in review of and comment on federal land management proposals -- rulemaking
Status: in_force

90-1-182 . State assistance to local governments in review of and comment on federal land management proposals -- rulemaking. (1) In carrying out the provisions of 90-1-181 , the department of commerce may conduct on behalf of local governments a socioeconomic impact review and analysis of significant federal land management proposals. The department of commerce may use the review and analysis to comment in a timely manner on the federal proposals regarding projected impacts on local government.

(2) The department of commerce may:

(a) establish a minimal procedure for local governments to request from the department a review and analysis of significant federal land management proposals that may have a direct socioeconomic impact on the community for which the local government has requested the review. The request must include sufficient details about the federal land management proposal for the department of commerce to determine a deadline by which the review must be conducted.

(b) contract with a unit of the Montana university system experienced in technical, doctorate-level analysis of the socioeconomic impacts of federal land management proposals to provide an independent economic analysis of the federal proposals; and

(c) advocate on behalf of the local government before the agency issuing the federal land management proposals, using the reports generated under this subsection (2).

(3) The department of commerce may adopt rules to implement this section.
Mont. Code Ann. § 90-5-111 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-111
90-5-111 Powers cumulative
Status: in_force

90-5-111 . Powers cumulative. Neither this part nor anything herein contained shall be construed as a restriction or limitation upon any powers which a municipality or county might otherwise have under any laws of this state but shall be construed as cumulative.
Mont. Code Ann. § 90-11-102 — MT Code / Title 90 / Chapter 11 / Part 1 / Section 90-11-102
90-11-102 Duties and assistance
Status: in_force

90-11-102 . Duties and assistance. (1) It is the duty of the state director of Indian affairs, established in 2-15-217 , to carry out the legislative policy set forth in 90-11-101 .

(2) The state director shall:

(a) meet at least quarterly with tribal governments and become acquainted with the problems confronting the Indians of Montana;

(b) meet with executive branch directors on issues arising between Montana's Indian citizens, tribes, and state agency personnel and programs;

(c) report to the governor's cabinet meeting concerning issues confronting Indian people and tribal governments;

(d) advise the legislative and executive branches of the state of Montana of those problems and issues;

(e) make recommendations for the alleviation of those problems and issues;

(f) serve the Montana delegation in the federal congress as an adviser and intermediary in the field of Indian affairs;

(g) act as a liaison for representative Indian organizations and groups, public and private, whenever the state director's support is solicited by tribal governmental entities;

(h) serve on the state-tribal economic development commission established in 90-1-131 ; and

(i) report in detail at every meeting of the state-tribal relations committee those actions taken by the state-tribal economic development commission established by 90-1-131 to carry out its duties.

(3) All executive and legislative agencies of state government may within the area of their expertise and authority provide assistance to tribal councils or their official designees requesting assistance on any matter relating to education, health, natural resources, and economic development on Indian reservation lands.
Mont. Code Ann. § 90-6-205 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-205
90-6-205 Coal board -- general powers
Status: in_force

90-6-205 . Coal board -- general powers. The board may:

(1) retain professional consultants and advisors;

(2) adopt rules governing its proceedings;

(3) consider applications for grants from available funds;

(4) award grants, subject to 90-6-207 , from available funds:

(a) to local governmental units, state agencies, and governing bodies of federally recognized Indian tribes to assist local governmental units and federally recognized Indian tribes in meeting the local impact of coal development or a major decline in coal mining or in the operation of coal-using energy complexes by enabling them to adequately provide governmental services and facilities that are needed as a direct consequence of an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex; and

(b) notwithstanding the provisions of 90-6-207 , to the department of transportation, established in 2-15-2501 , to expedite the construction, repair, and maintenance of deficient sections of highway within the area designated in 90-6-210 if the deficiency is the direct result of increased traffic accompanying the development of coal resources; and

(5) award a grant to a local governmental unit for the purpose of paying for part or all of the credit that the local governmental unit is obligated to give to a major new industrial facility that has prepaid property taxes under 15-16-201 . The board shall award the grant in accordance with 90-6-206 .
Mont. Code Ann. § 90-9-309 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-309
90-9-309 Terms and conditions of loans
Status: in_force

90-9-309 . Terms and conditions of loans. (1) The term of any loan may not exceed 8 years.

(2) The amount of any loan may not exceed $100,000 in any 9-month period.

(3) Repayment of a loan is due in full upon dissolution or liquidation of the recipient company.

(4) The council may make a low-interest loan, at a rate established by rule, only if it determines that the applicant meets the criteria set forth in 90-9-308 and 90-9-311 and the applicant:

(a) has unencumbered collateral to secure the full amount of the loan; or

(b) meets other requirements established by rule.

(5) The council may make a high-interest loan, at a rate established by rule, only if it determines that the applicant meets the criteria set forth in 90-9-308 and 90-9-311 .

(6) The council may establish other terms and conditions by rule.
Mont. Code Ann. § 90-6-101 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-101
90-6-101 Short title
Status: in_force

90-6-101 . Short title. This part shall be known and may be cited as the "Housing Act of 1975".
Mont. Code Ann. § 90-1-402 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-402
90-1-402 Purpose
Status: in_force

90-1-402 . Purpose. The purpose of this part is to develop a standardized, sustainable method to collect, maintain, and disseminate information in digital formats about the natural and artificial land characteristics of Montana. Geospatial information changes continuously and is needed by businesses, citizens, governmental entities, and others in digital formats to be most effective and productive. This part will ensure that digital geospatial information is collected consistently, maintained accurately in accordance with standards, and made available in common ways for all potential uses and users, both private and public. Through planning and grant making, this part prioritizes consistent collection, accurate maintenance, and common availability of geospatial information to provide needed, standardized, and uniform geospatial information in digital formats.
Mont. Code Ann. § 90-1-406 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-406
90-1-406 Geospatial information advisory council -- duties -- advisory only
Status: in_force

90-1-406 . Geospatial information advisory council -- duties -- advisory only. (1) The council shall:

(a) advise the state library with regard to issues relating to the geographic information systems, geospatial information, and geospatial technologies;

(b) advise the state library on the priority of geospatial information, including data layers, to be developed;

(c) review the geospatial information plan described in 90-1-404 and advise the state library on any element of the plan;

(d) provide recommendations to the state library in determining grants awarded in accordance with this part;

(e) assist in identifying, evaluating, and prioritizing requests received from state agencies, local governments, and tribal government entities to provide development of and maintenance of services relating to the GIS, geospatial information, and geospatial technologies;

(f) promote coordination of programs, policies, technologies, and resources to maximize opportunities, minimize duplication of effort, and facilitate the documentation, distribution, and exchange of geographic information systems, geospatial information, and geospatial technologies; and

(g) advocate for the development of consistent policies, standards, and guidelines for geographic information systems, geospatial information, and geospatial technologies.

(2) The council functions in an advisory capacity, as defined in 2-15-102 .
Mont. Code Ann. § 90-4-1217 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1217
90-4-1217 Presumptions of validity of bonds
Status: in_force

90-4-1217 . Presumptions of validity of bonds. (1) Bonds issued under this part bearing the signatures of officers in office on the date of the signing of the bonds are valid and binding obligations even if, before bond delivery and payment, the persons whose signatures appear on the bonds are no longer officers of the governmental body issuing the bonds.

(2) The validity of the bonds is not dependent on or affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, or extension of the project for which the bonds are issued.

(3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part and that the recital is conclusive evidence of the bonds' validity and of the regularity of the bonds' issuance.
Mont. Code Ann. § 90-1-605 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-605
90-1-605 Eligible proposals
Status: in_force

90-1-605 . (Temporary) Eligible proposals. (1) Eligible providers who submit responsive proposals:

(a) may not receive funds under any other federal or state government grant or loan program where government funding supports 100% of the proposed project's capital costs;

(b) shall commit to paying not less than the minimum matching amount required by the Infrastructure Investment and Jobs Act, Public Law 117-58, and may not provide a minimum matching amount from any funds derived from government grants or subsidies, except for federal funds designated by the Infrastructure Investment and Jobs Act, Public Law 117-58. Local and tribal governments, in partnership with an eligible provider, may provide funding for broadband infrastructure projects consistent with the provisions of this part and as provided by the national telecommunications and information administration.

(c) may only be a nongovernment entity with demonstrated experience in providing broadband service or other communications services to end-user residential or business customers in the state, unless the government entity or tribe applies in partnership with an eligible broadband service provider; and

(d) shall to the extent required by state or federal law, comply with any affordability requirements.

(2) The department, with approval from the commission, may submit a match waiver to the national telecommunications and information administration if a proposal is within an extremely high cost per location threshold or high-cost area or if the commission considers additional special circumstances exist and that a waiver would serve the public interest and effectuate the purposes of the broadband, equity, access, and deployment program. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-9-504 — MT Code / Title 90 / Chapter 9 / Part 5 / Section 90-9-504
90-9-504 Loan repayment assistance documentation
Status: in_force

90-9-504 . (Temporary) Loan repayment assistance documentation. A qualified farmer shall submit an application for loan repayment assistance to the council in accordance with rules adopted by the council. The application must include official verification or proof of the applicant's total unpaid accumulated educational loan debt and other documentation required by the council that is necessary to verify the applicant's eligibility. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-1-119 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-119
90-1-119 Grant award guidelines
Status: in_force

90-1-119 . Grant award guidelines. (1) The department of commerce may award grants of no more than $100,000 to a business meeting the criteria in 90-1-118 .

(2) A business may receive a state matching grant for each separate project that is submitted under a federal small business innovative research grant or small business technology transfer grant.

(3) (a) Upon application from a business that has met the criteria in 90-1-118 , the department may award up to 50% of the grant.

(b) To receive the remaining 50% of the state matching grant, the business shall submit to the participating federal agency, with copies to the department of commerce, a final phase I project report, a letter of support from the sponsoring agency indicating that the sponsoring agency is interested in the phase II proposal, and an application for phase II funding. The remaining 50% of the state matching grant is not contingent upon approval of the phase II project by the participating federal agency.

(c) Upon receipt of the documents listed in subsection (3)(b) and verification by the business of a submitted phase II application to the participating federal agency, the department of commerce shall remit to the business the remaining 50% of the grant to be provided under 90-1-117 through 90-1-119 .

(4) A business applying for a state matching grant under 90-1-117 through 90-1-119 shall submit on a form prescribed by the department of commerce an application that contains:

(a) the name of the business, the form of business organization that is registered with the secretary of state, and the names and addresses of the principals or management of the business;

(b) proof of receipt of a phase I award under a federal small business innovative research grant or a federal small business technology transfer grant; and

(c) any other information required by the department of commerce by rule.
Mont. Code Ann. § 90-6-135 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-135
90-6-135 Coordination with other programs
Status: in_force

90-6-135 . Coordination with other programs. The board shall ensure that all housing assistance activities supported through the loan program are coordinated with other housing assistance programs administered by the board, the federal government, state agencies, tribal governments, local public housing authorities, and local governments.
Mont. Code Ann. § 90-4-1305 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1305
90-4-1305 Elements of program plan -- contract requirements
Status: in_force

90-4-1305 . Elements of program plan -- contract requirements. (1) Prior to establishing a program in accordance with 90-4-1306 , the authority shall prepare a program plan. Subject to subsections (2) through (4), the program plan must include:

(a) provisions for marketing the program and providing participant education;

(b) the types of energy conservation projects or public safety and resiliency improvement projects that may be financed under the program;

(c) options for raising capital to finance energy conservation projects or public safety and resiliency improvement projects under the program. Options may include but are not limited to owner-arranged financing from a commercial lender. If owner-arranged financing is used, the governing body may impose an assessment pursuant to 90-4-1307 and make payments to the authority, and the authority will distribute those payments to the commercial lender.

(d) quality assurances and antifraud measures;

(e) minimum requirements for a contractor to complete an energy conservation project or public safety and resiliency improvement project;

(f) clearly defined work standards for contractors;

(g) contractor management systems and procedures designed to monitor contractor performance and to manage, track, and resolve consumer complaints; and

(h) a description of the proposed financial arrangement and contract terms between the local government and record owners pursuant to subsection (3).

(2) (a) A program plan for energy conservation projects must include an energy analysis completed by a third party to determine cost and energy savings.

(b) Energy savings calculations and analysis completed in accordance with subsection (2)(a) must be completed by a licensed or certified building professional approved by the authority.

(c) When an energy conservation project is completed, the contractor who completed the project shall submit written verification to the authority that the energy conservation project was properly installed and is operating as intended.

(3) A proposed financial arrangement must be included in a program plan in accordance with subsection (1)(c) and must include:

(a) application, administration, or other program fees that will be charged to record owners participating in the program that will be used to finance costs incurred by the authority, local government, or both as a result of the program;

(b) a requirement that a contract between the governing body and a record owner is invalid and unenforceable unless the holder of a mortgage, trust indenture beneficiary, or loan servicer provides the governing body with each of the following:

(i) an executed subordination agreement, properly notarized and executed within 3 months prior to the application for a contract;

(ii) a record of the subordination agreement from the office of the county clerk and recorder in the county where the property is located; and

(iii) a secretary's certificate or substantially similar certification that the person who executed the subordination agreement is authorized to sign such an agreement on behalf of the mortgage holder, trust indenture beneficiary, or loan servicer; and

(c) a model contract between a governing body and a record owner containing the terms and conditions of financing and an assessment that meets the requirements of 90-4-1307 under the program. The model contract must include full disclosure of costs, including the effective interest rate of the assessment in accordance with 90-4-1307 , any administrator fees, the estimated payment schedule, and the placement of a lien on the real property.

(4) (a) Prior to a local government and a record owner for a commercial property-assessed capital enhancements project entering into a contract under a program established pursuant to 90-4-1306 , the authority shall obtain independent verification from the record owner that the record owner understands and accepts the terms of the contract and shall make the verification available to the local government.

(b) The contract must allow the record owner to cancel the contract within 3 business days of signing the contract.

(c) The contract must include full disclosure that by entering into the contract, the record owner may incur a property tax lien on the real property included under the contract.

(5) The contract must include requirements that contractors and any subcontractors use a skilled and trained workforce. Contracts signed must require contractors and subcontractors to give preference to the employment of bona fide Montana residents, as defined in 18-2-401 , in the performance of the projects, if the Montana residents have substantially equal qualifications to those of nonresidents.
Mont. Code Ann. § 90-5-106 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-106
90-5-106 Determination of costs -- terms of lease
Status: in_force

90-5-106 . Determination of costs -- terms of lease. (1) Prior to the leasing of any project or entering into a loan agreement concerning a project, the governing body must determine and find the following:

(a) the amount necessary to pay the principal of and the interest on the bonds proposed to be issued to finance such project;

(b) the amount necessary to be paid into any reserve funds which the governing body may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project including taxes; and

(c) the estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms of the lease or loan agreement provide that the lessee or borrower shall maintain the project and carry all proper insurance with respect thereto.

(2) The determinations and findings of the governing body required to be made by subsection (1) shall be set forth in the proceedings under which the proposed bonds are to be issued. Prior to the issuance of any bonds authorized by this part, the municipality or county shall lease the project to a lessee or lessees or enter into a loan agreement with a borrower under a lease or loan agreement conditioned upon completion of the project by the lessees or borrowers and providing for payment to the municipality or county of such rentals or payments as, upon the basis of such determinations and findings, will be sufficient to:

(a) pay the principal of and interest on the bonds issued to finance the project;

(b) pay the taxes on the project;

(c) build up and maintain any reserves deemed by the governing body to be advisable in connection therewith; and

(d) pay the costs of maintaining the project in good repair and keeping it properly insured, unless the lease or loan agreement obligates the lessees or borrowers to pay for the maintenance and insurance of the project.

(3) Subject to the limitations of this part, the lease, loan agreement, or extensions or modifications thereof may contain such other terms and conditions as may be mutually acceptable to the parties and, notwithstanding any other provisions of law relating to the sale of property owned by municipalities and counties, an option may be granted to a lessee to purchase the project on such terms and conditions as may be mutually acceptable to the parties.
Mont. Code Ann. § 90-1-159 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-159
90-1-159 Reporting requirement
Status: in_force

90-1-159 . Reporting requirement. On or before September 1 of each year, the Montana-Ireland trade commission shall provide a report to the governor and the legislature, in accordance with 5-11-210 . The report must include:

(1) a description of the commission's work, including how often the commission met during the preceding 12 months and the minutes of the commission's meetings;

(2) a description of benefits to the state and to sectors involved in international trade, attributable to the commission's efforts;

(3) recommendations for legislative action that would support trade between the state and Ireland; and

(4) a summary of anticipated commission activities in the ensuing year, including any recommendations or requests that may assist the commission's work.
Mont. Code Ann. § 90-2-202 — MT Code / Title 90 / Chapter 2 / Part 2 / Section 90-2-202
90-2-202 Coal ash markets investigation program
Status: in_force

90-2-202 . Coal ash markets investigation program. (1) The department of commerce shall establish a coal ash markets investigation program to determine the existence of economically viable markets to reuse coal ash.

(2) The department may start an investigation when it has sufficient funds to conduct an investigation or in other circumstances the department determines appropriate. The department may issue grants to qualified individuals or entities to conduct the investigation.

(3) (a) Within 1 year of starting an investigation, the department shall present the results of the investigation in the form of maps and text to:

(i) the economic interim affairs committee; and

(ii) the environmental quality council.

(b) After the establishment of the program, the department shall report to the legislature in accordance with 5-11-210 .

(4) The department may accept appropriations, gifts, grants, and reimbursements to be used for the purposes of this section.
Mont. Code Ann. § 90-1-144 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-144
90-1-144 Financial assistance center -- department responsibilities
Status: in_force

90-1-144 . Financial assistance center -- department responsibilities. (1) There is a financial assistance center within the department of commerce.

(2) The center shall:

(a) compile and include a comprehensive list of all state financial assistance programs, including but not limited to:

(i) eligible recipients;

(ii) conditions required for an award of a loan or grant;

(iii) limits on the amount of funds available;

(iv) application information; and

(v) lending or granting cycles;

(b) maintain and provide information related to nonstate loan and grant programs by cooperating and coordinating with federal loan and grant programs, commercial lenders, and nonprofit economic development lending organizations; and

(c) provide regular opportunities for financial institutions, loan and grant applicants, local economic development organizations, business enterprises, and other federal, state, and local governmental entities to review the center and provide advice and recommendations regarding the expansion or modification of the center.

(3) The department shall:

(a) develop an internet website specifically designed to assist loan and grant applicants in gathering information. The website must, at a minimum, contain the following features:

(i) a prominently placed world wide web link representing the financial assistance programs that allows for multiple methods for website navigation;

(ii) a comprehensive list of the types of loans and grants available from the state, outlined by agency, subject, area, or speciality; and

(iii) an agency-specific loan and grant list with appropriate links to personnel responsible for administering the program;

(b) cooperate with the office of the secretary of state to ensure that rules governing electronic transactions, digital signatures, and digital notary can be applied to electronic loan and grant applications;

(c) provide direct and individual service to interested applicants to ensure that:

(i) adequate information regarding eligibility requirements for financial assistance is received and understood;

(ii) contacts and appointments are made with the various state agencies administering financial assistance programs;

(iii) technical and professional assistance is provided to facilitate the accurate and timely completion of business feasibility plans and financial assistance applications; and

(iv) periodic updates are provided to applicants regarding the status of financial assistance applications and new or emerging financial assistance opportunities;

(d) develop a marketing plan to provide information about the center to individuals, commercial financial institutions, local economic development organizations, business enterprises, and local governments;

(e) coordinate with the department of revenue to provide:

(i) information related to applicable business licensing and registration requirements; and

(ii) relevant information related to tax credits and tax incentive programs for economic development activities;

(f) collect and maintain a supply of loan and grant application forms and information for all state loans and grants and actively assist interested applicants in answering application questions;

(g) collect and maintain a master list of state loan opportunities by type of loan, eligibility requirements, lending cycles, and availability; and

(h) review rules, application forms and processes, and lending cycles of loan and grant programs administered by other state agencies and make recommendations to those agencies related to the development of uniform loan and grant requirements.

(4) The department may gather and disseminate information related to nonstate loan sources and perform other administrative tasks delegated to the department to improve state lending processes and loan and grant program administration.

(5) The department shall work with other state agencies as provided in 90-1-145 , particularly with the department of agriculture, the department of labor and industry, the department of military affairs, and the governor's office of economic development in promoting marketing, trade assistance, and workforce development, with an emphasis on rural-based, veteran-owned, minority-owned, and women-owned businesses.
Mont. Code Ann. § 90-4-1114 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1114
90-4-1114 Energy performance contracts
Status: in_force

90-4-1114 . Energy performance contracts. (1) A governmental entity may pay for an energy performance contract with:

(a) funds designated for operating costs, capital expenditures, utility costs, or lease payments;

(b) installment payment contracts or lease purchase agreements;

(c) bonds issued in accordance with other bonding provisions as provided by law; or

(d) other financing through a third party, including tax-exempt financing.

(2) Utility incentives, grants, operating costs, capital budgets, or other permissible sources may be used to reduce the amount of financing.

(3) (a) An energy performance contract may extend beyond the fiscal year for which the contract is effective.

(b) An energy performance contract may not exceed 20 years, the cost-weighted average useful life of the cost-saving measure, or the term of financing, whichever is shortest.

(4) During the guarantee period, a qualified energy service provider shall:

(a) measure and verify reductions in energy consumption and costs attributable to cost-saving measures implemented pursuant to an energy performance contract; and

(b) not less than annually, prepare and provide a measurement and verification report to the governmental entity and to the department documenting the performance of cost-saving measures.

(5) (a) Costs for measurement and verification must be included in an energy performance contract and paid by the governmental entity during an initial monitoring period that is not less than 3 years.

(b) The energy performance contract must provide that, if guaranteed cost savings are not achieved during any year in the initial monitoring period, the qualified energy service provider shall pay the costs for measurement and verification reports until guaranteed cost savings are achieved for all years in a term of consecutive years equal to the initial monitoring period.

(6) (a) Except as provided in subsection (6)(b), the qualified energy service provider shall pay the governmental entity the amount of any verified annual guaranteed cost savings shortfall each year until guaranteed cost savings are achieved for all years in an initial monitoring period established in accordance with subsection (5). The amount of cost savings achieved during a year must be determined using the mutually agreed on baseline rates referenced in guaranteed cost savings and any unguaranteed energy cost savings attributable to utility unit price escalation rates.

(b) In the case of a shortfall, the governmental entity and qualified energy service provider may negotiate the terms of measurement and verification reports and the shortfall payment for the remainder of the energy performance contract finance term.

(c) If an excess in guaranteed cost savings in any year of the guarantee period is revealed in a measurement and verification report, the guaranteed cost savings remain with the governmental entity. Guaranteed cost savings may not be used to cover potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years of a guarantee period.
Mont. Code Ann. § 90-2-1112 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1112
90-2-1112 Eligibility requirements
Status: in_force

90-2-1112 . Eligibility requirements. (1) Except as provided under subsection (2), to be eligible for funding under the reclamation and development grants program, the proposed project must provide benefits in one or more of the following categories:

(a) reclamation of land, water, or other resources adversely affected by mineral development;

(b) mitigation of damage to public resources caused by mineral development;

(c) research, demonstration, or technical assistance to promote the wise use of Montana minerals, including efforts to make processing more environmentally compatible;

(d) investigation and remediation of sites where hazardous wastes or regulated substances threaten public health or the environment; and

(e) research to assess existing or potential environmental damage resulting from mineral development.

(2) If there is a crucial state need to protect Montana's environment, the department may evaluate and the governor may recommend that the legislature approve funding for projects in addition to those described in subsection (1).

(3) To be eligible for funding under the reclamation and development grants program, a project must:

(a) be technically and financially feasible;

(b) be the best cost-effective alternative to address a problem or attain an objective;

(c) comply with statutory and regulatory standards protecting environmental quality; and

(d) be from an applicant able and willing to enter into a contract with the department for the implementation of the proposed project or activity.

(4) A project is not eligible for funding under the reclamation and development grants program to the extent that the project is eligible for and can reasonably be expected to receive funding from other state or federal reclamation programs or any other program or act that provides funding to accomplish remedial action for environmental damage or if the project is permitted under Title 82, chapter 4 or 11.

(5) A proposed project is not eligible for funding under the reclamation and development grants program if there is a liable party who would be relieved of financial or legal responsibility and who can reasonably be expected to be held responsible.
Mont. Code Ann. § 90-1-401 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-401
90-1-401 Short title
Status: in_force

90-1-401 . Short title. This part may be cited as the "Montana Geospatial Information Act".
Mont. Code Ann. § 90-7-113 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-113
90-7-113 Bonds as legal investment
Status: in_force

90-7-113 . Bonds as legal investment. (1) Bonds issued by the authority under the provisions of this chapter are securities in which funds may be legally and properly invested, including capital in the control of or belonging to:

(a) public officers and public bodies of the state and its political subdivisions;

(b) insurance companies;

(c) credit unions, building and loan associations, investment companies, savings banks, banking associations, and trust companies;

(d) personal representatives, public administrators, trustees, and other fiduciaries; and

(e) pension, profit-sharing, and retirement funds.

(2) Bonds issued under this chapter are securities that may properly and legally be deposited with and received by any state or municipal officer or any agency or municipality of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law.
Mont. Code Ann. § 90-1-113 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-113
90-1-113 Cooperation of state agencies
Status: in_force

90-1-113 . Cooperation of state agencies. (1) State agencies that have economic development responsibilities shall cooperate with the office of economic development and provide information, technical expertise, and other assistance when requested by the office of economic development.

(2) On written request to the director of revenue or a designee of the director, the department of revenue shall furnish to the department of commerce information about debt assigned to the department of revenue for offset or collection pursuant to the terms of Title 17, chapter 4, part 1. The written request must include an authorized release form signed by the taxpayer. The information provided to the department of commerce must be used for the purposes of preventing and detecting fraud or abuse and determining eligibility for grants or loans.
Mont. Code Ann. § 90-1-155 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-155
90-1-155 Definitions
Status: in_force

90-1-155 . Definitions. As used in sections 90-1-154 through 90-1-159 , unless the context clearly indicates otherwise, the following definitions apply:

(1) "Commission" means the Montana-Ireland trade commission established in 2-15-1839 .

(2) "Department" means the department of commerce established in 2-15-1801 .
Mont. Code Ann. § 90-1-117 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-117
90-1-117 Small business state matching grant program -- purpose
Status: in_force

90-1-117 . Small business state matching grant program -- purpose. (1) There is a small business state matching grant program established within the department of commerce to provide guidelines and state matching grants to businesses meeting the criteria in 90-1-118 that have received phase I funding for federal small business innovative research grants or small business technology transfer grants and that are applying for phase II federal small business innovative research grants or small business technology transfer grants.

(2) The state matching grants available for the small business state matching grant program are from any funds received for the program or appropriated to the program by the legislature.

(3) The purpose of the program is to foster job creation and economic development in the state by providing state matching grants to eligible businesses meeting the criteria described in 90-1-118 .
Mont. Code Ann. § 90-4-1111 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1111
90-4-1111 List of qualified energy service providers eligible for energy performance contracts
Status: in_force

90-4-1111 . List of qualified energy service providers eligible for energy performance contracts. (1) At least every 5 years, the department shall issue a request for qualifications for energy service providers interested in entering into energy performance contracts with governmental entities. An energy service provider may submit qualifications to the department at any time, and the department shall review the submission for potential inclusion on its list of qualified energy service providers.

(2) The department shall evaluate qualifications for qualified energy service providers on the basis of:

(a) knowledge and experience with:

(i) design, engineering, installation, maintenance, and repairs associated with energy performance contracts;

(ii) conversion to a different fuel source associated with a comprehensive energy efficiency retrofit;

(iii) postinstallation project monitoring, data collection, and reporting of guaranteed cost savings;

(iv) overall project management; and

(v) projects of similar size and scope;

(b) ability to guarantee cost-effectiveness and to access long-term financing;

(c) financial stability; and

(d) other factors determined by the department.

(3) The department shall maintain a list of qualified energy service providers who meet the requirements of subsection (2).

(4) The department shall notify energy service providers who submitted qualifications in accordance with subsection (1) whether they meet the requirements of this part and are qualified energy service providers.
Mont. Code Ann. § 90-4-404 — MT Code / Title 90 / Chapter 4 / Part 4 / Section 90-4-404
90-4-404 Compensation of council members
Status: in_force

90-4-404 . Compensation of council members. Each member shall receive compensation to be determined by the governor, in consultation with the governors of the participating states, and according to applicable federal law.
Mont. Code Ann. § 90-7-202 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-202
90-7-202 Powers of authority
Status: in_force

90-7-202 . Powers of authority. The authority may:

(1) sue and be sued;

(2) have a seal;

(3) except as provided in 90-4-1303 (2), adopt all procedural and substantive rules necessary for the administration of this chapter;

(4) except as provided in subsection (20), issue bonds or incur other debt as described in this chapter, including the issuance of notes or refunding bonds;

(5) except as provided in 17-6-308 , invest any funds that are not required for immediate use, subject to any agreements with its bondholders and noteholders, as provided in Title 17, chapter 6, except that all investment income from funds invested by the authority, less the cost for investment, must be deposited in an enterprise fund to the credit of the authority to be used to carry out the purposes of this chapter;

(6) contract in its own name for the investment of funds, borrowing of funds, or any other purposes it considers appropriate to carry out the purposes of this chapter;

(7) participate with any financial institution in the purchase or guarantee of any loan or obligation;

(8) except as provided in subsection (20), issue bond anticipation notes or any other anticipatory financial obligations to secure funding of eligible facilities;

(9) enter into agreements or make advance commitments to ensure repayments required by loan agreements made by a lender. These agreements are subject to terms and conditions established by the authority.

(10) establish programs to make, sell, purchase, or insure loans to finance the costs of eligible facilities from any funds;

(11) accept gifts, grants, or loans from a federal agency, an agency or instrumentality of the state, a municipality, or any other source;

(12) enter into contracts or other transactions with a federal agency, an agency or instrumentality of the state, a municipality, a private organization, or any other entity consistent with the exercise of any power under this chapter;

(13) with regard to property:

(a) except as provided in subsection (20), acquire real or personal property or any right, interest, or easement in real or personal property by gift, purchase, transfer, foreclosure, lease, or otherwise;

(b) hold, sell, assign, lease, encumber, mortgage, or otherwise dispose of property;

(c) hold, sell, assign, or otherwise dispose of any mortgage or loan owned by it or in its control or custody;

(d) release or relinquish any right, title, claim, interest, easement, or demand, however acquired, including any equity or right of redemption;

(e) make any disposition by public or private sale, with or without public bidding;

(f) commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract, or other agreement;

(g) bid for and purchase property at any foreclosure or other sale or acquire or take possession of it in lieu of foreclosure; and

(h) operate, manage, lease, dispose of, and otherwise deal with property in any manner necessary or desirable to protect its interests or the holders of its bonds or notes if that action is consistent with any agreement with the holders;

(14) service, contract, and pay for the servicing of loans;

(15) provide general technical services in the analysis, planning, design, processing, construction, rehabilitation, and management of eligible facilities whenever considered appropriate;

(16) consent, whenever it considers necessary or desirable in fulfilling its purposes, to the modification of the rate of interest, time, or payment of any installment of principal, interest, or security or any other term of any contract, lease agreement, loan agreement, mortgage, mortgage loan, mortgage loan commitment, construction loan, advance contract, or agreement of any kind, subject to any agreement with bondholders and noteholders;

(17) collect reasonable interest, fees, and charges from participating institutions in connection with making and servicing its lease agreements, loan agreements, mortgage loans, notes, bonds, commitments, and other evidences of indebtedness. Except as provided in 17-6-308 , the interest, fees, and charges must be deposited to an enterprise fund to the credit of the authority. Interest, fees, and charges are limited to the amounts required to pay the costs of the authority, including operating and administrative expenses, reasonable allowances for losses that may be incurred, and bond financing costs, and to provide funds to make loans to finance the costs of eligible facilities or to make grants for the purposes described in 90-7-211 (2)(e).

(18) make loans pursuant to 17-6-308 ;

(19) establish program parameters for loan or grant approval by authority staff;

(20) perform its duties to administer commercial property-assessed capital enhancements programs in accordance with Title 90, chapter 4, part 13. The authority's power is limited strictly to the administration of the commercial property-assessed capital enhancements program in accordance with Title 90, chapter 4, part 13, and the authority may not provide financing, acquire real property, or issue bonds, other than as a conduit issuer of bonds with the underlying obligations to be assigned on issuance, in its administration of the commercial property-assessed capital enhancements program. Nothing in this subsection may be construed as limiting the ability of the authority to provide financial or other services otherwise allowed under this section to property- assessed capital enhancements programs.

(21) perform any other acts necessary and convenient to carry out the purposes of this chapter.
Mont. Code Ann. § 90-4-1208 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1208
90-4-1208 Authority to issue other bonds
Status: in_force

90-4-1208 . Authority to issue other bonds. If the principal amount of clean renewable energy bonds, as limited by the Internal Revenue Code, is insufficient to finance all costs of a project as determined pursuant to 90-4-1206 , the governmental body may issue bonds to finance those costs and the costs of issuance of those bonds as:

(1) additional revenue bonds pursuant to 90-4-1205 ;

(2) obligations under 7-7-4104 ; or

(3) general obligations of a governmental body, provided that the issuance of the bonds are submitted to the electors of the governmental body as required by law.
Mont. Code Ann. § 90-4-1204 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1204
90-4-1204 Cooperation among governmental bodies
Status: in_force

90-4-1204 . Cooperation among governmental bodies. (1) Two or more governmental bodies through their respective governing authorities may enter into interlocal or joint power agreements in accordance with Title 7, chapter 11, part 1, to facilitate project financing, acquisition, construction, operation, and maintenance and to provide related services including the sale and purchase of electricity.

(2) Governmental bodies that enter into agreements pursuant to subsection (1) may:

(a) authorize a board, commission, or other body to supervise, manage, or operate a project and may prescribe its powers and duties and fix the compensation of the members of the body supervising, managing, or operating the project; or

(b) hire a private party to supervise, manage, and operate the project on behalf of the governmental bodies.
Mont. Code Ann. § 90-5-201 — MT Code / Title 90 / Chapter 5 / Part 2 / Section 90-5-201
90-5-201 Western interstate nuclear compact adopted -- text
Status: in_force

90-5-201 . Western interstate nuclear compact adopted -- text. The Western Interstate Nuclear Compact is entered into and adopted as follows:

WESTERN INTERSTATE NUCLEAR COMPACT

Article I. Policy and Purpose

The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the west and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities, and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the west and contribute to the individual and community well-being of the region's people.

Article II. The Board

(1) There is hereby created an agency of the party states to be known as the "western interstate nuclear board", hereinafter called the board. The board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the board may provide for the discharge of his duties and the performance of his functions thereon, either for the duration of his membership or for any lesser period of time, by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.

(2) The board members of the party states shall each be entitled to one vote on the board. No action of the board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the board are cast in favor thereof.

(3) The board shall have a seal.

(4) The board shall elect annually, from among its members, a chairman, a vice-chairman, and a treasurer. The board shall appoint and fix the compensation of an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer and such other personnel as the board may direct, shall be bonded in such amounts as the board may require.

(5) The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel, or other merit system laws of any of the party states.

(6) The board may establish and maintain, independently or in conjunction with any one or more of the party states or their institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(7) The board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm, or corporation.

(8) The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount, and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (7) of this article, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the board.

(9) The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.

(10) The board shall adopt bylaws and rules for the conduct of its business and shall have the power to amend and rescind these bylaws and rules. The board shall publish its bylaws and rules in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

(11) The board annually shall make to the governor of each party state a report covering the activities of the board for the preceding year and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of said state. The board may issue such additional reports as it may deem desirable.

Article III. Finances

(1) The board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

(2) Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the board's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board.

(3) The board may meet any of its obligations in whole or in part with funds available to it under Article II, paragraph (8) of this compact, provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article II, paragraph (8) hereof, the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.

(4) Any expenses and any other costs for each member of the board in attending board meetings shall be met by the board.

(5) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the board shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become a part of the annual report of the board.

(6) The accounts of the board shall be open at any reasonable time for inspection to persons authorized by the board and duly designated representatives of governments contributing to the board's support.

Article IV. Advisory Committees

The board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state, and federal government and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.

Article V. Powers

The board shall have power to:

(1) encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields;

(2) ascertain and analyze on a continuing basis the position of the west with respect to the employment in industry of nuclear and related scientific findings and technologies;

(3) encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, byproducts, and all other appropriate adaptations of scientific and technological advances and discoveries;

(4) collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology;

(5) encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy;

(6) conduct or cooperate in conducting programs of training for state and local personnel engaged in any aspects of:

(a) nuclear industry, medicine, or education, or the promotion or regulation thereof;

(b) applying nuclear scientific advances or discoveries and any industrial commercial or other processes resulting therefrom;

(c) the formulation or administration of measures designed to promote safety in any matter related to the development, use, or disposal of nuclear energy, materials, products, byproducts, installations, or wastes, or to safety in the production, use, and disposal of any other substances peculiarly related thereto;

(7) organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological, or industrial fields to which this compact relates;

(8) undertake such nonregulatory functions with respect to nonnuclear sources of radiation as may promote the economic development and general welfare of the west;

(9) study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields;

(10) recommend such changes in or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states or their subdivisions in nuclear and related fields as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.

(11) consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, byproducts, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis;

(12) consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields;

(13) advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields;

(14) cooperate with the atomic energy commission, the national aeronautics and space administration, the office of science and technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest;

(15) act as licensee, contractor, or subcontractor of the United States government or any party state with respect to the conduct of any research activity requiring such license or contract and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the board by this compact;

(16) prepare, publish, and distribute, with or without charge, such reports, bulletins, newsletters, or other materials as it deems appropriate;

(17) ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents. The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact. Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto. Unless the party states concerned expressly otherwise agree, the board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states. The plan or plans of the board in force pursuant to this paragraph shall provide for reports to the board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances. From time to time, the board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.

(18) prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the board by this compact;

(19) undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.

Article VI. Mutual Aid

(1) Whenever a party state or any state or local governmental authorities therein request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.

(2) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid.

(3) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith.

(4) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.

(5) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment answering a request for aid and for the cost of all materials, transportation, wages, salaries, and maintenance of officers, employees, and equipment incurred in connection with such requests; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.

(6) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.

Article VII. Supplementary Agreements

(1) To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states, acting by their duly constituted administrative officials, may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes, its duration, and the procedure for termination thereof or withdrawal therefrom, the method of financing and allocating the costs of the activity or project, and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board.

(2) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement.

(3) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

(4) The provisions to this article shall apply to supplementary agreements and activities thereunder but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.

Article VIII. Other Laws and Relations

Nothing in this compact shall be construed to:

(1) permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order, or ordinance of a party state or subdivision thereof now or hereafter made, enacted, or in force;

(2) limit, diminish, or otherwise impair jurisdiction exercised by the atomic energy commission, any agency successor thereto, or any other federal department, agency, or officer pursuant to and in conformity with any valid and operative act of congress or limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor;

(3) alter the relations between the respective internal responsibilities of the government of a party state and its subdivisions;

(4) permit or authorize the board to own or operate any facility, reactor, or installation for industrial or commercial purposes.

Article IX. Eligible Parties, Entry into Force and Withdrawal

(1) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.

(2) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law, provided that it shall not become initially effective until enacted into law by five states.

(3) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 2 years after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall effect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(4) Guam and American Samoa or either of them may participate in the compact to such extent as may be mutually agreed by the board and the duly constituted authorities of Guam or American Samoa, as the case may be. Such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the board, unless it has become a full party to the compact.

Article X. Severability and Construction

The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence, or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.
Mont. Code Ann. § 90-6-124 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-124
90-6-124 Annual audit
Status: in_force

90-6-124 . Annual audit. (1) There shall be an audit of the board's books and records at least once each fiscal year.

(2) The legislative auditor may conduct an audit at the request of the legislative audit committee.
Mont. Code Ann. § 90-9-308 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-308
90-9-308 Application for loans and grants -- additional criteria
Status: in_force

90-9-308 . Application for loans and grants -- additional criteria. (1) All applicants shall complete an application and provide financial information as established by rule.

(2) The council may not make a loan or grant unless the recipient provides matching funds prior to the expenditure of any state funds. The council may accept as matching funds those funds expended by the recipient within 1 year prior to the execution of the loan or grant.

(3) The department may provide assistance to applicants during the application process.
Mont. Code Ann. § 90-1-151 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-151
90-1-151 Main street program -- establishment -- purpose -- rulemaking
Status: in_force

90-1-151 . Main street program -- establishment -- purpose -- rulemaking. (1) There is a main street program in the department of commerce developed in conjunction with the main street program of the national trust for historic preservation.

(2) The purpose of the program is to:

(a) assist communities in restoring and retaining the historic character of their downtown areas and historic commercial districts;

(b) stimulate business investment, assist in retaining existing small businesses, and promote new businesses in those areas;

(c) strengthen the local tax base;

(d) create employment opportunities in community downtown areas and historic districts; and

(e) generally enhance the economic viability of downtown areas and historic districts.

(3) (a) The department of commerce may adopt rules governing the operation of the main street program.

(b) In developing the rules, the department shall consult with the national trust for historic preservation, provided for in 16 U.S.C. 468, to ensure that Montana's main street program is consistent with the main street program operated by the national trust for historic preservation.
Mont. Code Ann. § 90-9-402 — MT Code / Title 90 / Chapter 9 / Part 4 / Section 90-9-402
90-9-402 Export finance assistance
Status: in_force

90-9-402 . Export finance assistance. As directed by the council, the department shall provide professional assistance to persons who apply for financial assistance for the purpose of developing export sales of Montana agricultural products.
Mont. Code Ann. § 90-1-606 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-606
90-1-606 Proposals
Status: in_force

90-1-606 . (Temporary) Proposals. (1) The department shall establish a location prioritized timeframe commencing an open process for submission of proposals for funding under the proposal program established in this part. The window for submission must be at least 60 days and not more than 90 days for any shapefile area designation.

(2) (a) An eligible provider shall submit a proposal to the department on a form prescribed by the department. A responsive proposal must include the following information:

(i) evidence demonstrating the provider's technical, financial, and managerial resources and experience to provide broadband service or other communications services to customers in the state and the ability to build, operate, and manage broadband service networks serving business and residential customers in the state;

(ii) a description of the project area, including shapefiles, that the eligible provider proposes to provide broadband service;

(iii) a description of the broadband service infrastructure that is proposed to be deployed, including facilities, equipment, and network capabilities that include minimum speed thresholds;

(iv) evidence, including a certification from the proposal signatory, demonstrating the unserved or underserved nature of the project area to the best of the provider's knowledge;

(v) the number of households, businesses, and public institutions or entities that would have new access to broadband service as a result of the proposal;

(vi) the total cost of the proposed project and the timeframe in which it will be completed;

(vii) the amount of matching funds, including funds from local or tribal governments, or federal funds as allowed by the Infrastructure Investment and Jobs Act, Public Law 117-58, and the national telecommunications and information administration; and

(viii) a preliminary list of all government authorizations, permits, and other approvals required in connection with the proposed deployment, and an estimated timetable for the acquisition of the approvals and the completion of the proposed project.

(b) The department may request additional information as necessary to review the proposed application. Applications that fail to provide the requirements in this section must be submitted to the commission for review. The commission may review the applications and cancel those that do not meet the requirements of this section.

(3) The department shall treat any information that is not publicly available as confidential and subject to the trade secrets protections of state law upon an eligible provider's request for confidential treatment, except that shapefile information depicting broadband coverage in the proposal must be publicly disclosed in sufficient detail to enable a challenging provider to identify the project area proposed to be covered by the provider. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-6-301 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-301
90-6-301 Declaration of necessity and purpose
Status: in_force

90-6-301 . Declaration of necessity and purpose. The large-scale development of mineral deposits in the state may cause an influx of people directly related to the area of the development. This influx of people and the corresponding increase in demand for local government facilities and services may create a burden on the local taxpayer. There is a significant lag time between the time when additional facilities and services must be provided and the time when additional tax revenue is available as a result of the increased tax base. In addition, local government units in whatever jurisdiction the development is not located may receive substantial adverse economic impacts without benefit of a major increased tax base in the future. There is therefore a need to provide a system to assist local government units in meeting the initial financial impact of large-scale mineral development.
Mont. Code Ann. § 90-7-225 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-225
90-7-225 Procedure prior to financing qualified small bond issue projects
Status: in_force

90-7-225 . Procedure prior to financing qualified small bond issue projects. (1) In addition to meeting the other requirements contained in this chapter or in state or federal law, the requirements of subsections (2) through (4) must be met before financing is provided for a project described in 90-7-104 (1)(n).

(2) The authority shall find that the financing is in the public interest. In order to determine whether or not the financing is in the public interest, a public hearing must be conducted in the following manner:

(a) The city or county in which the project will be located must be notified of project information, including a project description, the name of the borrower, and the approximate par value of the bonds. The city and county shall, within 30 days after receipt of the notice, notify the board if it elects to conduct the hearing, even if the local government is not the issuer of the bonds.

(b) If a request for a local hearing is not received by the authority within 30 days after the notification in subsection (2)(a), the authority may hold the hearing at a time and place it determines.

(3) Notice of the authority's hearing must be published at least 7 calendar days prior to the date set for the hearing by publication on a governmental unit website and in a newspaper of general circulation in the city or county where the hearing will be held and the project will be located. The notice must include the time and place of the hearing, a general description of the nature and location of the project, the name of the lessee, borrower, or user of the project, and the maximum principal amount of the financing to be provided by the authority.

(4) If the hearing required by subsection (2) is conducted by a local government, the governing body of the local government shall notify the authority of its determination of whether the financing is in the public interest within 14 days after the completion of the public hearing.