Mont. Code Ann. § 90-4-310 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-310
90-4-310 Energy emergency powers of governor
Status: in_force

90-4-310 . Energy emergency powers of governor. In addition to existing powers and duties, the governor has the following duties and special energy emergency powers, subject to the definitions and limitations in this part:

(1) The governor may, upon finding that a situation exists that threatens to seriously disrupt or diminish energy supplies to the extent that life, health, or property may be jeopardized, declare a condition or state of energy emergency, at which time all of the general and specific emergency powers enumerated in this section become effective.

(2) The condition of energy emergency terminates after 90 consecutive days unless extended by a declaration of the legislature by joint resolution of a continuing condition of energy emergency of a duration to be established by the legislature.

(3) The conditions of an energy emergency alternatively cease to exist upon a declaration to that effect by either of the following:

(a) the governor; or

(b) the legislature, by joint resolution if in regular or special session.

(4) In a declared state of energy emergency, the governor may:

(a) implement programs, controls, standards, priorities, and quotas for the production, allocation, conservation, and consumption of energy, including plans for the curtailment of energy. However, in so doing, the governor may impose controls, quotas, or curtailments according to the nature of the end use to be made of the energy consistent with existing transmission and distribution systems serving the geographic area affected by the energy emergency.

(b) suspend and modify existing pollution control standards and requirements or any other standards or requirements affecting or affected by the use of energy, including those relating to air or water quality control; and

(c) establish and implement regional programs and agreements for the purposes of coordinating the energy programs and actions of the state with those of the federal government and of other states, localities, and other persons.

(5) Except as provided in 90-4-313 , this part does not mean that any program, control, standard, priority quota, or other policy created under the authority of the emergency powers authorized by this part has any continuing legal effect after the cessation of a declared state of energy emergency.

(6) Because of the emergency nature of this part, all actions authorized or required under this part or taken pursuant to any order issued by the governor are exempted from all requirements and provisions of the Montana Environmental Policy Act, including but not limited to the requirement for environmental impact statements.

(7) Except as provided in this section, this part does not exempt a person from compliance with the provisions of any other law, rule, or directive unless specifically ordered by the governor or unless impossibility of compliance is a direct result of an order of the governor.
Mont. Code Ann. § 90-6-115 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-115
90-6-115 Purchase of notes and bonds -- cancellation
Status: in_force

90-6-115 . Purchase of notes and bonds -- cancellation. The board, subject to existing agreements with noteholders or bondholders, may, out of any funds available for that reason, purchase notes or bonds of the board, which shall thereupon be canceled, at a price not exceeding:

(1) the current redemption price plus accrued interest to the next interest payment thereon, if the notes or bonds are then redeemable; or

(2) the redemption price applicable on the first date after the purchase upon which the notes or bonds become subject to redemption plus accrued interest to that date, if the notes or bonds are not then redeemable.
Mont. Code Ann. § 90-4-305 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-305
90-4-305 Information obtainable by governor
Status: in_force

90-4-305 . Information obtainable by governor. (1) The governor may obtain information on a regular basis from energy resource producers, suppliers, public agencies, and consumers and from political subdivisions in this state that is necessary for the governor to determine the need for energy supply alert and emergency declarations. The information may include but is not limited to:

(a) sales volumes by customer classifications other than for petroleum products;

(b) forecasts of energy resource requirements for the particular type of energy involved for a period not to exceed 2 years; and

(c) inventory of energy resources and reserves available for use in meeting a shortage in a particular energy source.

(2) In order to help anticipate and mitigate the effects of shortages of petroleum products, the governor may monitor the supply of and demand for these products by obtaining the following monthly reports submitted no later than 20 days after the last day of the month, on forms prescribed by the governor, from the following persons:

(a) Each refiner shall submit Montana refinery processing data by fuel type in custody, including:

(i) inventory stocks at the beginning and end of the month;

(ii) receipts during the month;

(iii) inputs during the month;

(iv) production during the month;

(v) shipments, losses, and refinery fuel use during the month.

(b) Each prime petroleum supplier shall submit:

(i) 3-month projections of the supplier's Montana supply and stock of petroleum products that the supplier anticipates supplying to Montana customers; and

(ii) the actual volume of petroleum products delivered in the state the previous month.

(c) Each petroleum pipeline company shall submit reports by fuel type of Montana pipeline terminal delivery, throughput, and export.

(d) Each bulk pipeline terminal operator shall submit end-of-month reports of inventory stock levels of finished petroleum products in custody in Montana by type of product and storage location.

(e) Each prime petroleum supplier shall submit quarterly reports of monthly marketing sales in Montana, by standard point locater index or other method prescribed by the governor, and fuel type of petroleum products designated by the governor.

(3) In obtaining information under subsections (1) and (2) during a state of energy emergency, the governor may:

(a) subpoena witnesses, material, and relevant books, papers, accounts, records, and memoranda;

(b) administer oaths; and

(c) cause the depositions of persons residing within or outside of Montana to be taken in the manner prescribed for depositions in civil actions in district courts to obtain information relevant to energy resources that are the subject of the proclaimed emergency or associated disaster.

(4) In obtaining information under this section, the governor shall:

(a) avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state, or local regulatory authority that is available for the governor's study; and

(b) cause reporting procedures, including forms, to conform to existing requirements of federal, state, and local regulatory authorities.

(5) Except as provided in subsection (2), this part does not require the disclosure by a distributor of confidential information, trade secrets, or other facts of a proprietary nature.

(6) (a) The information required under subsection (2) is subject to the following restrictions:

(i) Except in accordance with a proper judicial order, a public officer or employee charged by the governor with the custody of this information may not divulge or make known in any manner any information that is specific to a particular distributor.

(ii) The public officers and employees charged by the governor with the custody of the information provided for in subsection (2) may not be required to produce any of it or evidence of anything contained in it on behalf of any party to any action or proceeding under this part except when the information concerned is directly involved in the action or proceeding, in which case only that information directly pertinent to the action or proceeding may be admitted.

(b) This section does not preclude access to the information by the legislative auditor in carrying out the functions under Title 5, chapter 13.
Mont. Code Ann. § 90-1-116 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-116
90-1-116 State matching funds program for economic development -- distribution of proceeds -- criteria for grants -- local economic development matching funds
Status: in_force

90-1-116 . State matching funds program for economic development -- distribution of proceeds -- criteria for grants -- local economic development matching funds. (1) As used in this section, the following definitions apply:

(a) "Certified regional development corporation" means a private, nonprofit corporation that has been designated by the department through a competitive process to manage and administer funds and programs for the department on a regional basis.

(b) "Department" means the department of commerce provided for in 2-15-1801 .

(c) "Treasure community" means a community that meets and maintains requirements for certification established by the department and administered by the certified regional development corporation.

(2) The department shall create a program to provide state funds to match local economic development funds and to fund up to 12 certified regional development corporations. The provision of state matching funds is contingent upon specific appropriations to the department for that purpose.

(3) An assistance grant to a certified regional development corporation will be made based on rules adopted by the department for the state matching funds program. The rules for distribution of funds must include consideration of:

(a) the size of the geographic area represented by the certified regional development corporation;

(b) the number of communities served by the certified regional development corporation;

(c) the population served by the certified regional development corporation; and

(d) the services offered by the certified regional development corporation.

(4) To be eligible to receive a grant, a certified regional development corporation:

(a) must be designated as the certified regional development corporation by the department;

(b) shall maintain department requirements for certification;

(c) shall match each $1 of the grant with $1 raised from public or private sources;

(d) shall administer the treasure community designation and reporting process for the communities and counties in the region;

(e) shall encourage and organize full participation in regional economic development activities, meetings, projects, and planning by the treasure communities in the region; and

(f) shall deliver services and resources to the citizens, businesses, and treasure communities throughout the region.

(5) Grants under this section must be used to conduct economic development programs consistent with strategic plans that are adopted by the certified regional development corporations and the treasure communities in the region and that are filed with the department.
Mont. Code Ann. § 90-7-214 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-214
90-7-214 Restriction on operating facility -- leases
Status: in_force

90-7-214 . Restriction on operating facility -- leases. (1) The authority may not operate an eligible facility as a business other than as a lessee or lessor. The lease must provide for rentals adequate to pay the principal and interest due on bonds and to create and maintain reserves and accounts for depreciation as the authority determines necessary.

(2) The lease may contain terms and conditions that the authority considers proper. The lease may be terminated upon failure of the participating institution to comply with any obligation under the lease. The lease may include a renewal or an option to purchase provision upon terms or conditions that the authority considers desirable.

(3) Upon payment of all indebtedness incurred by the authority for financing an eligible facility, the authority may convey any of the eligible facility to the lessee, with or without consideration.
Mont. Code Ann. § 90-3-1301 — MT Code / Title 90 / Chapter 3 / Part 13 / Section 90-3-1301
90-3-1301 Geothermal research
Status: in_force

90-3-1301 . Geothermal research. (1) Subject to subsection (2), the Montana bureau of mines and geology may conduct geothermal research that:

(a) characterizes the geothermal resource base in Montana;

(b) tests high-temperature and high-pressure drilling technologies benefiting geothermal well construction; and

(c) determines reservoir characterization, monitoring, and modeling necessary for commercial application in Montana.

(2) If the research is conducted on private property, the bureau must have written agreements with:

(a) the surface property owner and any owners of the geothermal resource for access and use of the site for research purposes; and

(b) subject to subsections (3) and (4), the utility, as defined in 69-5-102 , with a service area nearest the research site if the utility intends to commercially develop the site.

(3) If the utility with a service area nearest the research site intends to develop the site for future commercial use, the utility shall:

(a) contribute, at a minimum, 25% of the research costs as determined by the bureau for research at the site; and

(b) have an agreement in place with the surface property owner and any owners of the geothermal resource where the research site is located for future development of the geothermal resource.

(4) If the utility with a service area nearest the research site does not intend to develop the site for commercial use, the utility with a service area next nearest the site may enter into a written agreement pursuant to subsection (2)(b). If a utility does not intend to develop the site for future commercial use, the agreement pursuant to subsection (2)(b) is not required.

(5) In determining the utility with a service area nearest the site, all measurements must be made on the shortest vector that can be drawn from the line nearest the service area to the nearest portion of the geothermal site.

(6) The bureau shall provide a report to the energy and technology interim committee in accordance with 5-11-210 on research conducted pursuant to this section and funding received pursuant to 90-3-1302 .
Mont. Code Ann. § 90-7-312 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-312
90-7-312 Pledge of revenue, money, or property -- validity
Status: in_force

90-7-312 . Pledge of revenue, money, or property -- validity. Any pledge made by the authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and received by the authority is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding against all parties having claims of any kind, whether in tort, contract, or otherwise, against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created is required to be recorded.
Mont. Code Ann. § 90-4-210 — MT Code / Title 90 / Chapter 4 / Part 2 / Section 90-4-210
90-4-210 Policy
Status: in_force

90-4-210 . Policy. As the result of overcharges on the sales of domestic crude oil, the federal courts have ordered or approved settlements requiring the repayment of the total amount of overcharges, plus interest, into an escrow account to be distributed by the U.S. treasury to the states, territories, and possessions of the United States. It is the policy of this state to use the oil overcharge money distributed to the state to supplement state and federal programs that the state administers in a manner consistent with federal court orders establishing or approving the payment of the funds to the state of Montana and in accordance with the precedent established by the U.S. congress in appropriating money to federal programs.
Mont. Code Ann. § 90-7-227 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-227
90-7-227 Public hearing
Status: in_force

90-7-227 . Public hearing. The department of corrections, when seeking funding under this chapter, shall hold a public hearing to determine whether or not the proposed project is in the public interest. The decision regarding public interest is determined by the department of corrections, not the authority. Notice of the public hearing must be published in a newspaper of general circulation in the community where the prerelease center would be located. Notice must be given at least once a week for 2 weeks prior to the date of the public hearing. The notice must include the time and place of the hearing, the general nature of the prerelease center project, the name of the borrower or user of the project, the estimated cost of the project, and the maximum amount of financing assistance to be provided under this chapter. A determination by the department of corrections that a prerelease center project is in the public interest does not require that it be financed under this chapter.
Mont. Code Ann. § 90-6-405 — MT Code / Title 90 / Chapter 6 / Part 4 / Section 90-6-405
90-6-405 Employee surveys
Status: in_force

90-6-405 . Employee surveys. (1) Each large-scale mineral development subject to the provisions of 90-6-403 and 90-6-404 shall, on or before May 1 of each year, conduct a survey of its employees and promptly submit a report of its findings to the department of revenue. The report must include:

(a) the number of mineral development employees residing within each affected county;

(b) the number of mineral development employees residing within each affected municipality;

(c) the number of mineral development students residing in each affected high school district; and

(d) the number of mineral development students residing in each affected elementary school district.

(2) The initial allocation of the increase in taxable valuation made as provided in 90-6-403 and 90-6-404 shall be made on the basis of the place of residence of employees and the district of enrollment of students as projected in the approved impact plan for that period of time between the issuance and validation of the permit and the submission of an employee survey as provided for in this section.
Mont. Code Ann. § 90-14-109 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-109
90-14-109 Coordination requirements -- coordination of programs
Status: in_force

90-14-109 . Coordination requirements -- coordination of programs. The governor shall ensure that program activities under this part be coordinated with similar programs administered under federal acts and programs already established in this state in order to maximize coordination of programs and to prevent overlapping and duplication of services.
Mont. Code Ann. § 90-7-220 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-220
90-7-220 Montana developmental center loan
Status: in_force

90-7-220 . Montana developmental center loan. (1) The department of public health and human services may enter into a loan agreement with the Montana facility finance authority for the purpose of financing the costs of acquiring, constructing, and equipping facilities for persons with developmental disabilities at the Montana developmental center in Boulder, including the establishment of reserves and the payment of costs of the financing. The maximum principal amount of the loan may not exceed $10.5 million for construction and related costs, plus the necessary amounts for capitalized interest, debt service reserves, and financing costs, and the loan must be payable over a term not to exceed 30 years and must bear interest and contain other terms and provisions with respect to prepayment or otherwise as are not inconsistent with this section and as 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 developmental center 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 solely from the facility revenue obtained by the department from the ownership and operation of and the provision of services at the Montana developmental center, including payments or reimbursements from private users, insurers, and the federal government. All facility revenue obtained from services provided by the Montana developmental center must be deposited in a special revenue fund and must be applied to the payment of the principal and interest payments as due under the loan agreement. Whenever facility revenue exceeds the amount and terms specified and required to repay the loan and maintain required reserves, the excess must be used to pay the remainder of the principal and interest of the loan. As long as the loan remains outstanding and the department provides services for persons with developmental disabilities, the department shall use the Montana developmental 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 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 this chapter.

(3) The obligations of the department under the agreement are special limited obligations payable solely from the facility revenue 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. § 90-4-312 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-312
90-4-312 Coordination with federal provisions
Status: in_force

90-4-312 . Coordination with federal provisions. In order to attain uniformity, as far as is practicable throughout the country in measures taken to aid in energy crisis management, all action taken under this part and all orders and rules made pursuant to it shall be taken or made with due consideration for and consistent when practicable with the orders, rules, actions, recommendations, and requests of federal authorities.
Mont. Code Ann. § 90-6-311 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-311
90-6-311 Impact plan amendments
Status: in_force

90-6-311 . Impact plan amendments. (1) The impact plan may provide for amendment under definite conditions specified in the plan. Also, the governing body of an affected county or the mineral developer may petition the board for an amendment to an approved impact plan if:

(a) employment at the large-scale mineral development is forecast to increase or decrease by at least 75 persons, as determined under 90-6-302 (4), over or under the employment levels contemplated by the approved impact plan; or

(b) it becomes apparent that an approved impact plan is materially inaccurate because of errors in assessment and 2 years have not elapsed since the date the facility begins commercial production; or

(c) the governing body of an affected county and the mineral developer join in a petition to amend the impact plan.

(2) Within 10 days of receipt the board shall publish notice of the petition at least once in a newspaper of general circulation in the affected county. The petition must include:

(a) an explanation of the need for an amendment;

(b) a statement of the facts and circumstances underlying the need for an amendment; and

(c) a description of the corrective measures proposed by the petitioner.

(3) Within 60 days after notice that the petition has been received, an affected local government unit or the mineral developer must notify the board in writing if such person objects to the amendments proposed by the petitioner, specifying the reasons why the impact plan should not be amended as proposed. If no objection is received within the 60-day period, the impact plan must be amended by the board as proposed by the petitioner.

(4) If an objection is received, within 10 days of its receipt, the board shall notify the petitioner and include a copy of all objections received by the board. If the objecting party and the petitioner cannot resolve the objections within 30 days after the expiration of the 60-day period, the board shall conduct a hearing on the validity of the objections within 30 days after the failure of the parties to resolve the objections. The hearing must be held in the affected county or, if objections are received from local government units in more than one county, must be held in the county which in the board's judgment is more greatly affected. The provisions of the Montana Administrative Procedure Act apply to the conduct of the hearing.

(5) Following the hearing, the board shall make findings as to those portions of the amendments which were objected to and, if appropriate, amend the impact plan accordingly. The board shall cause the findings and impact plan, as amended, to be served on all parties. Any local government unit or the developer is entitled to judicial review, as provided by Title 2, chapter 4, part 7, in the district court for the judicial district in which the hearing was held.
Mont. Code Ann. § 90-4-1303 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1303
90-4-1303 Duties of authority related to community property-assessed capital enhancements program -- rulemaking
Status: in_force

90-4-1303 . Duties of authority related to community property-assessed capital enhancements program -- rulemaking. (1) As resources allow, the authority shall provide administrative support to local governments for the administration of the commercial property-assessed capital enhancements program and establish a plan in accordance with 90-4-1305 .

(2) If the authority adopts rules in accordance with 90-7-202 to administer the commercial property-assessed capital enhancements program, the authority shall consult with local and county governments and the commercial lending industry, including bank and credit union representatives, on the content of the rules.

(3) The authority shall provide a report to the legislature in accordance with 5-11-210 describing the fees related to the program, administrative costs, the number of properties that are part of a commercial property-assessed capital enhancements program, and the scope of projects in the program:

(a) in 2024; and

(b) every 5 years after the report is initially provided in subsection (3)(a).
Mont. Code Ann. § 90-1-146 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-146
90-1-146 Information coordination
Status: in_force

90-1-146 . Information coordination. (1) The department shall encourage and invite the federal government, local governments, other political subdivisions, local economic development corporations, and private financial institutions to make lending information available to the department of commerce.

(2) The department may, when practical, provide persons with information from other lenders when requested.
Mont. Code Ann. § 90-6-606 — MT Code / Title 90 / Chapter 6 / Part 6 / Section 90-6-606
90-6-606 Exemption from environmental review
Status: in_force

90-6-606 . Exemption from environmental review. The board is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing loans, administering a loan program, or creating a loan program related to the veterans' home loan mortgage program.
Mont. Code Ann. § 90-4-1223 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1223
90-4-1223 Interpretation
Status: in_force

90-4-1223 . Interpretation. (1) The powers conferred in this part are in addition and supplemental to the powers conferred by any other general, special, or local law.

(2) If the provisions of this part are inconsistent with the provisions of any other general, special, or local law, the provisions of this part are controlling.
Mont. Code Ann. § 90-5-211 — MT Code / Title 90 / Chapter 5 / Part 2 / Section 90-5-211
90-5-211 Declaration of policy
Status: in_force

90-5-211 . Declaration of policy. It is hereby declared that the people of Montana are opposed to:

(1) the placement of MX missiles in Montana; and

(2) any further testing, development, or deployment of nuclear weapons by any nation.
Mont. Code Ann. § 90-7-302 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-302
90-7-302 Bonds and notes of authority
Status: in_force

90-7-302 . Bonds and notes of authority. (1) The authority may in each biennium borrow money and issue bonds and notes in an aggregate principal amount not to exceed $1.5 billion, exclusive of bonds or notes issued to refund outstanding bonds or notes. Starting July 1, 2027, and each subsequent biennium, the bond issuance cap must be increased by 3% each biennium.

(2) Bonds must be authorized. The authority may specify that the bonds must be dated and must mature, except that a bond may not mature more than 40 years from the date of its issue. Bonds must bear interest at a rate or rates, be in denominations, be in the proper registered or bearer form, be executed in a manner, be payable in a medium of payment and at a place or places, and be subject to terms of redemption that the authority may provide.

(3) All bonds, regardless of form or character, are negotiable instruments for all purposes of the Uniform Commercial Code, subject to requirements as to registration.

(4) All bonds may be sold at public or private sale in the manner, for the price or prices, and at the time or times that the authority may determine.

(5) Before the issuance of any bonds, the authority shall make provisions, by lease or other agreement, regarding the eligible facility or facilities being financed by the issue of the bonds, for rentals or other considerations sufficient, in the judgment of the authority, to:

(a) pay the principal of and interest on the bonds as they become due;

(b) create and maintain the reserves for payment of the principal and interest;

(c) meet all obligations in connection with the lease or other agreement; and

(d) meet all costs necessary to service the bonds unless the lease or agreement provides that the obligations are to be met or costs are to be paid by a party other than the authority.

(6) The authority, before issuing any bonds, shall certify that an applicant has submitted a statement that indicates that any contract let for a public project costing more than $25,000 and financed from the proceeds of bonds issued under this part will contain a provision requiring the contractor to pay the standard prevailing wage rate in effect and applicable to the district in which the work is being performed unless the contractor performing the work has entered into a collective bargaining agreement covering the work to be performed.

(7) The authority may combine, for the purposes of a single offering, bonds financing more than one eligible facility under this chapter.
Mont. Code Ann. § 90-4-602 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-602
90-4-602 Definitions
Status: in_force

90-4-602 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Cost" includes the expenses related to planning, design, construction, and installation of energy conservation improvements and any administrative expenses of the division incurred in the performance of its duties under the energy conservation program.

(2) "Division" means the architecture and engineering division of the department of administration provided for in 17-7-201 .

(3) "Energy conservation program" means a program for the financing, acquisition, construction, and installation of alternative energy systems, as defined in 15-32-102 , or equipment, systems, and improvements in state-owned buildings, structures, and facilities that save utility and associated operation and maintenance costs.

(4) "Energy cost savings" means the savings in utility and associated operation and maintenance costs to a state agency as a result of an energy conservation program.

(5) "Participating state agency" means, for a state-owned building, structure, or facility, the state agency that pays for the utilities for that building.

(6) "State agency" means:

(a) each executive, legislative, or judicial branch department, office, or agency;

(b) the university system; and

(c) a community college district.
Mont. Code Ann. § 90-6-210 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-210
90-6-210 Coal area highway reconstruction program
Status: in_force

90-6-210 . Coal area highway reconstruction program. (1) The department of transportation, within the area designated as the eastern Montana coal field economic growth center as certified to the secretary of transportation by the governor under 23 U.S.C. 143, shall prepare a special construction program for the reconstruction of deficient sections of these highways in consultation with the governing bodies of the counties in the area.

(2) The department of transportation shall expedite the planning and reconstruction program for projects on the designated portions within this area by using funds allocated under this section and any federal funds that may be made available to match those funds. Until federal funds are made available to match the funds allocated under this section, the department of transportation may, upon approval of the Montana state transportation commission, expend funds for planning and reconstruction projects with or without assurance from the federal government that unmatched state expenditures will be retroactively recognized for matching purposes.

(3) Funds allocated under this section may not be used to match apportionments made for primary and secondary highway systems, as those terms are defined in 60-1-103 ; however, this section may not be construed to prohibit the implementation of projects otherwise funded by apportionments made under 60-3-205 or 60-3-206 . In addition, planning and reconstruction projects may be financed in whole or in part by public and private funds provided that the projects conform to the applicable standards, regulations, and procedures of the department of transportation and the federal highway administration.
Mont. Code Ann. § 90-1-411 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-411
90-1-411 Montana geospatial information account -- use of funds -- action by state library -- hearing
Status: in_force

90-1-411 . Montana geospatial information account -- use of funds -- action by state library -- hearing. (1) Money in the account may be used only for the purposes of this part, including purchasing technology to assist in collecting, maintaining, or disseminating geographic information systems, geospatial information, or geospatial technologies, and funding the budget required under 90-1-410 .

(2) The state library may award grant money from the account to a state agency, a local government, or a tribal government entity pursuant to the provisions of 90-1-412 for the purposes of this part.

(3) If the state library determines that a recipient of funds from the account has not used or is not using funds in the manner prescribed by the state library, the state library may, after notice and hearing as provided for in Title 2, chapter 4, suspend further payment to the recipient.

(4) A recipient to whom the state library has suspended payments under this section is not eligible to receive further funds from the account until the state library determines that the recipient is using funds in the manner prescribed by the state library.
Mont. Code Ann. § 90-7-320 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-320
90-7-320 Loans -- purchase of bonds and notes
Status: in_force

90-7-320 . Loans -- purchase of bonds and notes. Subject to the provisions of Title 17, chapter 6, the board of investments may, upon terms and conditions as the board considers reasonable:

(1) loan money to the authority for deposit in the capital reserve account; and

(2) purchase bonds and notes issued by the authority.
Mont. Code Ann. § 90-4-315 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-315
90-4-315 Liability
Status: in_force

90-4-315 . Liability. No distributor or person is liable for damages to persons or property resulting from action taken in accordance with orders or rules issued pursuant to this part or actions taken pursuant to orders, rules, actions, recommendations, and requests of federal authorities.
Mont. Code Ann. § 90-6-201 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-201
90-6-201 Purpose
Status: in_force

90-6-201 . Purpose. The purposes of this part are to assist local governmental units that have been required to expand the provision of public services as a consequence of large-scale development of coal mines and coal-using energy complexes or as a consequence of a major decline in coal mining or in the operation of coal-using energy complexes, to assist in the construction and reconstruction of designated portions of highways that serve the area affected by the large-scale development, to support county land planning, and to support public schools throughout the state.
Mont. Code Ann. § 90-4-403 — MT Code / Title 90 / Chapter 4 / Part 4 / Section 90-4-403
90-4-403 Duties of council members
Status: in_force

90-4-403 . Duties of council members. The council members shall:

(1) undertake the functions and duties prescribed by Public Law 96-501 and in applicable state law, including engaging with utilities receiving their power supply from the Bonneville power administration to promote an adequate, economical, and reliable power supply;

(2) serve on a full-time basis; and

(3) prepare and provide an annual report to the governor and to the legislature, as required by 5-11-210 , and to each utility located in Montana receiving its power supply from the Bonneville power administration. The report must be completed by December 1 of each year and must detail council actions during the previous 12 months and the impacts of those actions on Montana utilities and residents receiving their power supply from the Bonneville power administration.
Mont. Code Ann. § 90-1-145 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-145
90-1-145 Cooperation between state agencies and department -- dissemination of information
Status: in_force

90-1-145 . Cooperation between state agencies and department -- dissemination of information. (1) State agencies administering financial assistance programs shall cooperate with the department of commerce in providing information for the center.

(2) The department shall include all of the information received from other agencies in the center.
Mont. Code Ann. § 90-15-305 — MT Code / Title 90 / Chapter 15 / Part 3 / Section 90-15-305
90-15-305 Water information system
Status: in_force

90-15-305 . Water information system. (1) There is a Montana water information system, to be operated within the natural resource information system referred to in 90-15-301 and that is to be considered a part of the system.

(2) The Montana water information system shall make available and readily accessible, in a usable format, to state agencies and other interested persons, information on the state's water resources, out-of-state water resources that affect the state, existing and potential uses, and the existing and potential demand.
Mont. Code Ann. § 90-7-307 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-307
90-7-307 Conveyance of title
Status: in_force

90-7-307 . Conveyance of title. When the principal and interest on bonds issued by the authority to finance the cost of eligible facilities or to refinance outstanding indebtedness of one or more participating institutions, including any refunding bonds issued to refund and refinance bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the bonds and all other conditions of the resolution, lease, trust indenture, and mortgage or deed of trust or any other form of security arrangement, if any, authorizing and securing the bonds have been satisfied and the lien of the mortgage or deed of trust or any other form of security arrangement has been released in accordance with the provisions of the security arrangement, the authority shall promptly convey its interest in the facilities and any other facilities mortgaged or subject to deed of trust or any other form of security arrangement to secure the bonds to the participating institution or institutions.
Mont. Code Ann. § 90-6-304 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-304
90-6-304 Accounts established
Status: in_force

90-6-304 . (Temporary) Accounts established. (1) There is within the state custodial fund type a hard-rock mining impact account. Money is payable into this account from payments made by a mining developer in compliance with the written guarantee from the developer to meet the increased costs of public services and facilities as specified in the impact plan provided for in 90-6-307 . The state treasurer shall draw warrants from this account upon order of the board.

(2) There is within the state special revenue fund a hard-rock mining impact trust account. Within this trust account, there is established a reserve amount not to exceed $100,000.

(a) Money within the hard-rock mining impact trust account may be used:

(i) for the administrative and operating expenses of the board, as provided by 90-6-303 (4);

(ii) to establish and maintain the reserve amount; and

(iii) for distribution to the counties of origin, as provided by 90-6-331 and this section.

(b) Money within the hard-rock mining impact trust account may be used for the administrative and operating expenses of the board if:

(i) the revenue provided under 15-37-117 (1)(b) is less than the amount appropriated for the administrative and operating expenses of the board; or

(ii) the use of the reserve amount of revenue is necessary to allow the board to meet its quasi-judicial responsibilities under 90-6-307 , 90-6-311 , or 90-6-403 (3).

(3) Money is payable into the hard-rock mining impact trust account under the provisions of 15-37-117 . After first deducting the administrative and operating expenses of the board, as provided in 90-6-303 , and then establishing and maintaining the reserve amount of $100,000, as provided in subsection (2) of this section, the remaining money must be segregated within the account by county of origin. (Terminates June 30, 2035--sec. 1, Ch. 181, L. 2025, sec. 3, Ch. 181, L. 2025.)
Mont. Code Ann. § 90-7-201 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-201
90-7-201 Authority -- quorum -- mode of action -- expenses
Status: in_force

90-7-201 . Authority -- quorum -- mode of action -- expenses. (1) Four members of the authority constitute a quorum for the purpose of conducting business. Action may be taken by the authority upon the affirmative vote of at least four of its members. A vacancy in the membership of the authority does not impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(2) Each meeting of the authority for any purpose must be open to the public as provided for in Title 2, chapter 3, part 2. Resolutions need not be published or posted.

(3) Each member is entitled to be paid $100 for each day that the member is actually and necessarily engaged in the performance of board duties plus cost of travel, lodging, and meals as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 90-15-304 — MT Code / Title 90 / Chapter 15 / Part 3 / Section 90-15-304
90-15-304 Availability of information
Status: in_force

90-15-304 . Availability of information. (1) Except as provided in subsection (3), the library shall make information from the natural resource information system available to local, state, and federal agencies and to the general public.

(2) The library may establish a fee system for information requests in order to cover the costs of providing requested information.

(3) If necessary, the library shall establish procedures to protect confidential information in the possession of state agencies.
Mont. Code Ann. § 90-5-301 — MT Code / Title 90 / Chapter 5 / Part 3 / Section 90-5-301
90-5-301 Short title
Status: in_force

90-5-301 . Short title. This part may be cited as the "Employee Ownership Opportunity Act".
Mont. Code Ann. § 90-6-147 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-147
90-6-147 Community reinvestment organization requirements
Status: in_force

90-6-147 . Community reinvestment organization requirements. (1) A community reinvestment organization shall meet the requirements of this section.

(2) A community reinvestment organization must be established as a federally recognized charitable organization under 26 U.S.C. 501(c)(3), (c)(4), or (c)(6).

(3) (a) Each community reinvestment organization shall create a CRO revolving account for the deposit and distribution of funds to participating counties within the community reinvestment organization's region.

(b) Community reinvestment organizations shall deposit into the CRO revolving account an equal amount of funds as those deposited from the Montana community reinvestment plan account prior to any plan dollars being used to buy down attainable workforce housing. Community reinvestment organization matching fund options include but are not limited to the use of the employer pool, local government investments, and the utilization of volume cap bonds.

(4) (a) Money in a CRO revolving account must be used as follows:

(i) 95% or more must be distributed to participating counties to be used to assist eligible households in purchasing attainable workforce housing as provided in this section; and

(ii) 5% or less must be dedicated to startup and administrative costs of the community reinvestment organization and may be used to create a foreclosure mitigation set-aside fund.

(b) Money in a CRO revolving account may not be used for preconstruction, development, or construction-related purposes.

(c) If a county elects not to participate in the program under 90-6-141 through 90-6-149 , the money allocated to that county must be distributed proportionally to the remaining counties participating in the program within the same region as the nonparticipating county.

(5) An incorporated city, consolidated city-county, or county may contribute funds to its regional CRO revolving account as an optional local government investment.

(6) Money used from the CRO revolving account to assist an eligible household may not exceed 30% of the total purchase price.

(7) Housing purchased using money from the CRO revolving account must have a deed limitation restricting the equitable value to the eligible household. The rate of appreciation on the deed-restricted home may not be greater than 1% a year.

(8) A community reinvestment organization must coordinate local employer participation in a statewide employer pool.

(9) A community reinvestment organization is encouraged to develop policies to support homeowners buying out the deed restriction so the revolving account can be utilized to buy down the cost of additional homes for other eligible households.
Mont. Code Ann. § 90-4-1101 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1101
90-4-1101 Legislative findings and policy
Status: in_force

90-4-1101 . Legislative findings and policy. (1) The legislature finds that:

(a) conserving energy in public buildings and vehicles will have a beneficial effect on the overall supply of energy and can result in cost savings for taxpayers;

(b) conserving water can result in cost savings for taxpayers; and

(c) energy performance contracts are a means by which governmental entities can economically and expeditiously achieve energy and water conservation.

(2) It is the policy of the state of Montana to promote efficient use of energy and water resources in public buildings and energy conservation in vehicles by authorizing governmental entities to enter into energy performance contracts.
Mont. Code Ann. § 90-6-502 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-502
90-6-502 Purpose
Status: in_force

90-6-502 . Purpose. Many elderly citizens in Montana own their own homes and have little or no remaining mortgage debt. Many of these home owners are persons of lower income who would benefit from an additional income source from the use of the equity in their homes. The legislature finds that reverse annuity mortgage loans would enable elderly home owners to provide more substantially for their own in-home support and specialized care. The purpose of this part is to:

(1) establish a reverse annuity mortgage loan program within the board of housing;

(2) authorize the board to make reverse annuity mortgage loans;

(3) counsel, assist, and protect elderly home owners who wish to obtain a reverse annuity mortgage loan; and

(4) administer a reverse annuity mortgage loan program that does not jeopardize the mortgagor's eligibility for medicaid and other means-tested programs.
Mont. Code Ann. § 90-6-404 — MT Code / Title 90 / Chapter 6 / Part 4 / Section 90-6-404
90-6-404 Allocation of taxable valuation for local taxation purposes
Status: in_force

90-6-404 . Allocation of taxable valuation for local taxation purposes. When property of a large-scale mineral development is subject to the provisions of 90-6-403 , the increase in taxable valuation must be allocated by the department of revenue as follows:

(1) The local government unit in which the ore body or the mineral deposit being mined is located must be allocated 20% of the total increase in taxable valuation of the gross proceeds.

(2) The remaining increase in taxable valuation of the mineral development must be allocated between affected counties and affected municipalities according to the following formula based on the place of residence of mineral development employees:

(a) A portion, not to exceed 20%, to affected municipalities, based on that percentage of the total number of mineral development employees that reside within municipal boundaries. The taxable valuation allocated to affected municipalities must be distributed to each municipality according to its percentage of the total number of mineral development employees who reside within municipal boundaries. That portion of the taxable valuation distributed to a municipality pursuant to this section is subject to the same county mill levy as other taxable properties located in the municipality.

(b) The remaining portion of the taxable valuation must be distributed to each affected county according to its percentage of the total number of mineral development employees that reside within the county.

(3) The increase in taxable valuation equal to that subject to subsection (2) must be distributed pro rata among each affected high school district according to the percentage of the total number of mineral development high school students that reside within each district.

(4) The increase in taxable valuation equal to that subject to subsection (2) must be distributed pro rata among each affected elementary school district according to the percentage of the total number of mineral development elementary school students that reside within each district.

(5) The distribution formula specified in subsections (2) through (4) may be modified by an impact plan approved as provided in 90-6-307 or amended as provided in 90-6-311 , if the modification is needed in order to ensure a reasonable correspondence between the occurrence of increased costs resulting from the mineral development and the allocation of taxable valuation resulting from the mineral development.
Mont. Code Ann. § 90-1-131 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-131
90-1-131 State-tribal economic development commission -- composition -- compensation for members
Status: in_force

90-1-131 . State-tribal economic development commission -- composition -- compensation for members. (1) There is a state-tribal economic development commission administratively attached to the department of commerce as prescribed in 2-15-121 .

(2) The commission is composed of 11 members, each appointed by the governor to 3-year staggered terms commencing on July 1 of each year of appointment, and must include:

(a) the state director of Indian affairs;

(b) one member from the department of commerce;

(c) one member from the governor's office of economic development; and

(d) one member from each of the federally recognized Indian tribes in Montana. A tribal government may advertise for individuals interested in serving on the commission and develop a list of applicants from which it may choose its nominee to recommend to the governor. In place of choosing from a list of applicants, a tribal government may select an elected tribal official to recommend for membership on the commission. If a tribal government nominates or otherwise recommends more than one person for membership on the commission, the governor shall select one individual from among those recommended persons.

(3) The members of the commission shall elect a presiding officer from among the members.

(4) Six members of the commission constitute a quorum, and the affirmative vote of the majority of the members present is sufficient for any action taken by the commission.

(5) Any vacancy on the commission must be filled in the same manner as the original appointment.

(6) Each member of the commission is entitled to reimbursement for expenses as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 90-1-201 — MT Code / Title 90 / Chapter 1 / Part 2 / Section 90-1-201
90-1-201 Big sky economic development program -- definitions
Status: in_force

90-1-201 . Big sky economic development program -- definitions. (1) (a) There is a big sky economic development program that consists of:

(i) the big sky economic development fund established in 17-5-703 ; and

(ii) the economic development special revenue account provided for in 90-1-205 .

(b) Interest and income from the big sky economic development fund may be used to administer the big sky economic development program and to provide financial assistance for qualified economic development purposes under this part.

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

(a) "Department" means the department of commerce provided for in 2-15-1801 .

(b) "Economic development organization" means:

(i) a private, nonprofit corporation, as provided in Title 35, chapter 2, that is exempt from taxation under section 501(c)(3) or 501(c)(6) of the Internal Revenue Code, 26 U.S.C. 501(c)(3) or 501(c)(6); or

(ii) an entity actively engaged in economic development and business assistance work in a region of the state.

(c) "Eligible business" means a for-profit or nonprofit business or tribally owned business that is engaged in business activities in the state that will provide a significant positive economic impact to the community, region, or state.
Mont. Code Ann. § 90-2-1114 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1114
90-2-1114 Conditions of grants
Status: in_force

90-2-1114 . Conditions of grants. Disbursement of grant funds under this part is subject to the following conditions which must be met by project sponsors:

(1) A scope of work and budget for the project must be approved by the department. Reduction in the scope of work or budget may not affect priority activities or improvements.

(2) Other funds required for project completion must have been committed and the commitment must be documented.

(3) An agreement between the department and the grant applicant must be executed in a timely manner, taking into consideration any changed conditions or circumstances that govern the administration and disbursement of funds.

(4) Any other specific requirements must be accomplished as considered necessary by the department to accomplish the purpose of the grant as evidenced from the application to the department or the proposal to the legislature.

(5) State funding for a project under this part is not intended to relieve a liable party from financial or legal responsibility.
Mont. Code Ann. § 90-6-122 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-122
90-6-122 Refunding obligations -- sale
Status: in_force

90-6-122 . Refunding obligations -- sale. Refunding obligations issued as provided in 90-6-121 may be sold or exchanged for outstanding obligations issued under this part. The proceeds may be applied to the purchase, redemption, or payment of outstanding obligations. Pending the application of the proceeds of refunding obligations, with other available funds, to the payment of principal, accrued interest, and any redemption premium on the obligations being refunded and, if permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing them, to the payment of interest on refunding obligations and expenses in connection with refunding, the proceeds may be invested as provided in Title 17, chapter 6.
Mont. Code Ann. § 90-7-121 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-121
90-7-121 Biennial audit
Status: in_force

90-7-121 . Biennial audit. The authority's books and records must be audited at least once each biennium, by or at the direction of the legislative auditor. The actual costs of the audit shall be paid from the authority's funds.
Mont. Code Ann. § 90-9-310 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-310
90-9-310 Terms and conditions of grants
Status: in_force

90-9-310 . Terms and conditions of grants. (1) A grant does not accrue interest, but is contingent on the funds being used for the specified purpose.

(2) The council may make a grant of up to $50,000 if an application meets all of the criteria set forth in 90-9-308 and 90-9-311 and one of the following applies:

(a) the proposal will benefit agricultural companies in addition to the applicant;

(b) the proposal will accomplish research that benefits agriculture as a whole; or

(c) the applicant is a nonprofit entity.

(3) The council may award a grant of up to $2,500 for educational, promotional, marketing, travel, or other business expenses related to agricultural development. These grants are not subject to the criteria set forth in 90-9-308 or 90-9-311 .
Mont. Code Ann. § 90-6-144 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-144
90-6-144 Montana community reinvestment plan
Status: in_force

90-6-144 . Montana community reinvestment plan. There is a Montana community reinvestment plan that enables regional community reinvestment organizations to reduce the cost of housing to an affordable range for Montana's workforce. The program creates a deed-restricted housing inventory that becomes attainable workforce housing infrastructure for employers, employees, and entire communities by distributing money to community reinvestment organizations that invest the funds by buying down the costs of mortgages for eligible households.
Mont. Code Ann. § 90-1-130 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-130
90-1-130 Short title
Status: in_force

90-1-130 . Short title. Sections 90-1-130 through 90-1-135 may be cited as the "Native American Economic Development Act of 1999".
Mont. Code Ann. § 90-7-112 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-112
90-7-112 Exemption from taxation -- securities law
Status: in_force

90-7-112 . Exemption from taxation -- securities law. (1) The authority performs a public function for the benefit of the people of the state for the improvement of their health and living conditions and is a public instrumentality of the state. Accordingly, the income or other revenue of the authority and all property owned by the authority and any bonds, notes, or other obligations issued under this chapter, their transfer, and income therefrom, including any profit made on the sale thereof, are exempt at all times from all taxation in the state of Montana.

(2) Bonds issued by the authority are exempt from the Montana Securities Act, but copies of all prospectus and disclosure documents must be deposited with the state securities commissioner for public inspection.
Mont. Code Ann. § 90-4-1219 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1219
90-4-1219 Sale of bonds
Status: in_force

90-4-1219 . Sale of bonds. Bonds issued under this part may be incurred or sold at public or private sale on terms and at prices that the governing authority determines to be advantageous.
Mont. Code Ann. § 90-2-1105 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1105
90-2-1105 Adoption of rules
Status: in_force

90-2-1105 . Adoption of rules. The department may adopt rules to:

(1) prescribe the form and content of applications for grants;

(2) describe the terms and conditions of making grants;

(3) prescribe a monitoring program to evaluate the effectiveness of funded projects; and

(4) develop any other procedures necessary to accomplish the objectives of the reclamation and development grants program.
Mont. Code Ann. § 90-4-1218 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1218
90-4-1218 Liens arising from bonds or contracts -- mortgages
Status: in_force

90-4-1218 . Liens arising from bonds or contracts -- mortgages. (1) A resolution or contract must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bonds or amounts payable under the contract and the relative security of liens on the revenue in favor of bonds of one or more series or issues, whether issued concurrently or at different times, or in favor of different contracts, whether entered into concurrently or at different times.

(2) A governmental body may mortgage, pledge, and assign any or all of the real and personal property comprising a project to secure payment of bonds, contracts, or other obligations issued or incurred under this part.
Mont. Code Ann. § 90-6-401 — MT Code / Title 90 / Chapter 6 / Part 4 / Section 90-6-401
90-6-401 Declaration of necessity and purpose
Status: in_force

90-6-401 . Declaration of necessity and purpose. The commencement of new large-scale hard-rock mineral developments often results in revenue disparities among adjacent local government units. This occurs primarily when a mine that locates in one taxing jurisdiction causes population influxes in neighboring jurisdictions. The result can be that some jurisdictions will experience a need to increase expenditures and receive no corresponding increase in revenue, while others will experience an increase in revenue and receive no comparable increase in expenditures. There is therefore a need to allocate the increase in property tax base resulting from the development and operation of new large-scale mines so that property tax revenues will be equitably distributed among affected local government units.
Mont. Code Ann. § 90-9-307 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-307
90-9-307 Accountability
Status: in_force

90-9-307 . Accountability. The council shall develop independent review and audit procedures to ensure that loans and grants made by it are used for the specified purposes.
Mont. Code Ann. § 90-5-102 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-102
90-5-102 General municipal and county powers
Status: in_force

90-5-102 . General municipal and county powers. (1) In addition to any other powers which it may now have, each municipality and each county may:

(a) acquire, by construction, purchase, devise, gift, or lease or any combination of such methods, one or more projects located within this state. The projects may be located within, without, or partially within and partially without the municipality or county.

(b) lease to others any or all of its projects for such rentals and upon such terms and conditions, consistent with the provisions of this part, as the governing body considers advisable;

(c) enter into agreements, upon terms the governing body considers advisable and not in conflict with the provisions of this part, to loan the proceeds of its revenue bonds to others for the purpose of defraying the cost of acquiring or improving any project;

(d) issue revenue bonds for the purpose of defraying the cost of acquiring or improving any project or projects and secure the payment of such bonds as provided in this part. The revenue bonds may be issued in two or more series or issues where considered advisable, and each such series or issue may contain different maturity dates, interest rates, priorities on revenues available for payment of the bonds, priorities on securities available for guaranteeing payment thereof, and such other differing terms and conditions as are considered necessary and are not in conflict with the provisions of this part; and

(e) sell and convey any real or personal property acquired as provided by subsection (1)(a) of this section and make any order respecting it as may be conducive to the best interest of the municipality or county, provided that such sale or conveyance shall be subject to the terms of any lease but shall be free and clear of any other encumbrance.

(2) No municipality or county may operate any project financed by the sale of revenue bonds as a business or in any manner except as the lessor thereof. No municipality or county may acquire any such project or any part thereof by condemnation.
Mont. Code Ann. § 90-5-103 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-103
90-5-103 Limited obligation bonds -- form and contents -- sale -- negotiability -- filing
Status: in_force

90-5-103 . Limited obligation bonds -- form and contents -- sale -- negotiability -- filing. (1) All bonds issued by a municipality or county under the authority of this part must be limited obligations of the municipality or county. Bonds and interest coupons issued under the authority of this part may not constitute or give rise to a pecuniary liability of the municipality or county or a charge against its general credit or taxing powers. This limitation must be plainly stated upon the face of each of the bonds.

(2) The bonds referred to in subsection (1) may be executed and delivered at any time and from time to time, be in form and denominations, be of tenor, be in registered or bearer form either as to principal or interest, or both, be payable in installments and at a time or times not exceeding 40 years from the bonds date, be payable at a place or places, bear interest at a rate or rates, be evidenced in a manner, be redeemable prior to maturity, with or without premium, and contain provisions not inconsistent with this part as considered in the best interest of the municipality or county and provided for in the proceedings of the governing body under whose authority the bonds must be authorized to be issued.

(3) Any bonds issued under the authority of this part may be sold at public or private sale in a manner, at a time or times, and at a price above or below par as may be agreed upon by the lessee of the project or the borrower of the funds. The municipality or county may pay all expenses, premiums, and commissions that the governing body may consider necessary or advantageous in connection with the authorization, sale, and issuance of the bonds from the proceeds of the sale of the bonds or from the revenue of the projects.

(4) All bonds issued under the authority of this part and all interest coupons applicable to the bonds must be construed to be negotiable instruments despite the fact that they are payable solely from a specified source.

(5) All bonds issued under the authority of this part must be filed with the securities commissioner within 10 days of the date of their issue. The filing must include the name of the issuing authority, the name and address of the person or entity on whose behalf the bonds are issued, the amount of the bond issue, the date of the bond issue, and any other information that the securities commissioner may request. Failure to comply with this section does not affect the validity of the bond issue.

(6) If applicable, the governing body of the municipality or county shall specify whether the bonds are tax credit bonds as provided in 17-5-117 , recovery zone economic development bonds or recovery zone facility bonds as provided in 7-7-140 , or qualified energy conservation bonds as provided in 7-7-141 .
Mont. Code Ann. § 90-4-319 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-319
90-4-319 Penalties
Status: in_force

90-4-319 . Penalties. A person convicted of violating this part is guilty of a misdemeanor. Each day of violation, after notice of violation, constitutes a separate offense.
Mont. Code Ann. § 90-4-1109 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1109
90-4-1109 Contracts and agreements not general obligation of governmental entity
Status: in_force

90-4-1109 . Contracts and agreements not general obligation of governmental entity. Except as provided in 90-4-1114 (1), payment obligations of a governmental entity pursuant to an energy performance contract are not general obligations of the governmental entity and are collectible only from guaranteed cost savings provided in the energy performance contract and other revenue, if any, pledged in the energy performance contract.
Mont. Code Ann. § 90-4-307 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-307
90-4-307 Submission and approval of curtailment plans
Status: in_force

90-4-307 . Submission and approval of curtailment plans. (1) The governor may at any time require a distributor of an energy resource to prepare for the governor's approval a plan for the curtailment of the distribution of that resource in the event of a state of energy emergency. Plans must be submitted in the form and within limits that the governor shall specify and must recognize the obligations and duties that may be placed upon distributors subject to this part by other jurisdictions, both state and federal.

(2) Approval of plans for curtailment must be based on the following factors:

(a) the consistency of the plan with the public health, safety, and welfare;

(b) the technical feasibility of implementation of the plan;

(c) the effectiveness with which the plan minimizes the impact of any curtailment;

(d) the needs of commercial, agricultural, retail, professional, and service establishments whose normal function is to supply goods or services, or both, of an essential nature, including but not limited to food, lodging, fuel, and medical care facilities; and

(e) the regional agreements or contracts of the distributors.
Mont. Code Ann. § 90-15-102 — MT Code / Title 90 / Chapter 15 / Part 1 / Section 90-15-102
90-15-102 Definitions
Status: in_force

90-15-102 . Definitions. As used in this chapter, the following definitions apply:

(1) "Library" means the state library provided for in 22-1-201 .

(2) "Natural heritage program" means a program of information acquisition, storage, and retrieval for data relating to the flora, fauna, and biological community types of Montana.

(3) "Principal data source agencies" means any of the following state agencies: the department of natural resources and conservation; the department of fish, wildlife, and parks; the department of environmental quality; the department of agriculture; the department of transportation; the state historical society; and the Montana university system.
Mont. Code Ann. § 90-1-206 — MT Code / Title 90 / Chapter 1 / Part 2 / Section 90-1-206
90-1-206 Exemption from environmental review
Status: in_force

90-1-206 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants or loans, administering a grant or loan program, or creating a grant or loan program related to economic development projects pursuant to this part.
Mont. Code Ann. § 90-1-143 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-143
90-1-143 Definitions
Status: in_force

90-1-143 . Definitions. As used in 90-1-141 through 90-1-147 , the following definitions apply:

(1) "Center" means the financial assistance center provided for in 90-1-144 .

(2) "Financial assistance" means loans, grants, and tax credits or incentive programs offered by the state to facilitate economic development activities and infrastructure development, repair, or replacement.
Mont. Code Ann. § 90-6-117 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-117
90-6-117 Negotiability of bonds
Status: in_force

90-6-117 . Negotiability of bonds. Notes and bonds issued by the board are negotiable instruments under the Uniform Commercial Code, subject only to the provisions for registration of notes and bonds.
Mont. Code Ann. § 90-4-1220 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1220
90-4-1220 Interim receipts or certificates
Status: in_force

90-4-1220 . Interim receipts or certificates. Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions as the governing authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable as provided in the Uniform Commercial Code.
Mont. Code Ann. § 90-1-412 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-412
90-1-412 Geospatial information -- grants
Status: in_force

90-1-412 . Geospatial information -- grants. (1) A state agency, a local government, or a tribal government entity may apply to the state library for funds in the account. All applicants shall complete an application and provide financial information as established by the state library.

(2) The state library may provide assistance to applicants during the application process.

(3) Grants are contingent on the funds being used for the specified purpose.

(4) The state library may make a grant only if the state library determines that:

(a) the grant is consistent with the findings and purposes of this part, because it primarily adds value to Montana's geospatial information;

(b) the grant is primarily intended to be used for collecting, developing, maintaining, and disseminating geographic information systems, geospatial information, and geospatial technologies;

(c) the project for which the grant is made has prospects for achieving success given the current personnel, experience, and resources of the applicant; and

(d) the applicant has a management structure that allows the council to reasonably conclude that the applicant will comply with ongoing reporting requirements and postdisbursement monitoring activities established by the council.

(5) The state library shall develop reporting procedures to ensure that awarded grants are used for the specified purposes.
Mont. Code Ann. § 90-1-163 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-163
90-1-163 Commission duties
Status: in_force

90-1-163 . Commission duties. (1) A heritage preservation and cultural tourism commission:

(a) may prepare a heritage and cultural tourism promotion and development plan, as provided in 90-1-164 , and shall operate according to the provisions of that plan;

(b) must be operated in a manner that allows the county, consolidated government, or municipality to obtain support through grants and other funding assistance available for heritage and cultural tourism promotion and development programs and may solicit, request, and apply for funds;

(c) may own and lease property in its own name and may acquire property through bequest, purchase, lease, or other means except eminent domain;

(d) may hire and supervise staff consistent with the personnel regulations of the county, consolidated government, or municipality;

(e) may solicit, request, and apply for funds in the name of the commission; and

(f) shall identify, record, register, preserve, protect, develop, and promote heritage and cultural tourism resources.

(2) Funds may be budgeted and expended, including by contract, by the heritage preservation and cultural tourism commission in a manner consistent with the laws, rules, and regulations of the county, consolidated government, or municipality.

(3) A heritage preservation and cultural tourism commission shall prepare an annual report describing its activities and file the report with the appropriate county, consolidated government, or municipality.

(4) Upon the dissolution of a heritage preservation and cultural tourism commission, the property of the commission becomes the property of the county, consolidated government, or municipality.
Mont. Code Ann. § 90-1-167 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-167
90-1-167 Cultural treasures -- coordination
Status: in_force

90-1-167 . Cultural treasures -- coordination. (1) A heritage preservation and cultural tourism commission may designate individuals possessing the highest quality artistic, traditional, or folkway skills, talents, and knowledge as Montana cultural treasures and may conduct programs to honor and promote the individuals with the individuals' express consent and in a manner consistent with administrative rule.

(2) This section may be administered in conjunction with the treasure state living cultural treasures program provided for in 2-15-236 through 2-15-238 .
Mont. Code Ann. § 90-7-116 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-116
90-7-116 Taxation of certain projects financed by authority
Status: in_force

90-7-116 . Taxation of certain projects financed by authority. (1) Regardless of whether the title to a project is held by the authority or a trustee acting for the authority, if the project is being financed by the authority on behalf of a for-profit corporation or other organization, the project is subject to taxation to the same extent, in the same manner, and under the same procedures as privately owned property in similar circumstances if the project is leased to or held by private interests on both the assessment date and the date the county commissioners set the mill levies in any year. The project is not subject to taxation in any year during which it is not leased to or held by private interests on both the assessment date and the date the county commissioners set the mill levy.

(2) When personal property owned by the authority or a trustee acting for the authority is taxed under this section and the personal property taxes on the personal property are delinquent, a levy by warrant for distraint for collection of the delinquent taxes may be made only on the personal property against which the taxes were levied.
Mont. Code Ann. § 90-4-1206 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1206
90-4-1206 Determination of cost
Status: in_force

90-4-1206 . Determination of cost. The governing authority of a governmental body, in determining the cost of a project to be financed by the issuance of revenue bonds pursuant to 90-4-1205 , may include:

(1) engineering, inspection, fiscal, and legal expenses;

(2) interest estimated to accrue during the construction period of the project and for up to 6 months after the construction period on borrowed funds; and

(3) costs of issuance of the revenue bonds and the funding of a debt service reserve to secure the revenue bonds.
Mont. Code Ann. § 90-1-608 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-608
90-1-608 Implementation
Status: in_force

90-1-608 . (Temporary) Implementation. (1) Consistent with the provisions of this part, the department shall define criteria and implementation processes to ensure that project funds are used as intended.

(2) This section may not be construed to preclude the department from considering a provider's financial ability to complete the project proposed in a proposal or making reasonable requests for information necessary for the oversight and administration of projects funded under this section.

(3) The department may adopt rules, in consultation with the commission, as necessary to carry out this part. This section may not be construed to empower the department to adopt any additional regulatory obligations or to impose any new or additional regulatory requirements on funding recipients, through proposal agreements or any other mechanism, other than the program implementation procedures expressly authorized in this part or as required by federal laws providing funding to be distributed pursuant to this statute. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-1-205 — MT Code / Title 90 / Chapter 1 / Part 2 / Section 90-1-205
90-1-205 Economic development special revenue account
Status: in_force

90-1-205 . Economic development special revenue account. (1) There is an economic development state special revenue account. The account receives earnings from the big sky economic development fund as provided in 17-5-703 . The money in the account may be used only as provided in this part.

(2) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department. The money deposited in the account must be used as provided in this part, for administrative expenses, or for other economic development purposes.
Mont. Code Ann. § 90-6-305 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-305
90-6-305 Hard-rock mining impact board -- general powers
Status: in_force

90-6-305 . Hard-rock mining impact board -- general powers. (1) The board may:

(a) retain professional staff, including its administrative staff, and retain consultants and advisers, notwithstanding the provisions of 2-15-121 ;

(b) adopt rules governing its proceedings, determinations, and administration of this part;

(c) make payments to local government units from money paid to the hard-rock mining impact account as provided in 90-6-307 ;

(d) make determinations as provided in 90-6-307 , 90-6-311 , and 90-6-403 (3); and

(e) accept grants and other funds to be used in carrying out this part.

(2) The provisions of the Montana Administrative Procedure Act apply to the proceedings and determinations of the board.
Mont. Code Ann. § 90-4-618 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-618
90-4-618 Reappropriation of energy conservation projects
Status: in_force

90-4-618 . Reappropriation of energy conservation projects. The remaining balances on energy conservation projects previously approved by the legislature are reappropriated for the purposes of the original appropriation until the projects are completed.
Mont. Code Ann. § 90-6-506 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-506
90-6-506 Repayment or termination of reverse annuity mortgage loan
Status: in_force

90-6-506 . Repayment or termination of reverse annuity mortgage loan. (1) The mortgagor shall repay the reverse annuity mortgage loan as provided in this section.

(2) Repayment of any part of the reverse annuity mortgage loan is not required prior to the maturity of the loan and while the mortgagor resides on the secured property. The mortgagor may pay the outstanding loan balance in full at any time without penalty.

(3) The reverse annuity mortgage loan matures, advances under a reverse annuity mortgage loan terminate, and the entire unpaid balance of the loan plus accrued interest becomes due and payable only upon the occurrence of any of the following events:

(a) the death of the last surviving mortgagor;

(b) the sale or other transfer of the secured property to a person other than any of the original mortgagors;

(c) vacation of the secured property by the mortgagor, whether voluntarily, involuntarily, or pursuant to legal process; or

(d) any other occurrence that materially decreases the value of the property securing the loan or that will have the likely effect of causing the loan to not be repaid.

(4) Any occurrence allowing the termination of a loan as provided in subsection (3)(d) must be clearly recited in the mortgage, deed of trust, or trust indenture.

(5) Payment of the reverse annuity mortgage loan may not be required from any source other than the secured property.
Mont. Code Ann. § 90-1-154 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-154
90-1-154 Short title
Status: in_force

90-1-154 . Short title. Sections 90-1-154 through 90-1-159 may be cited as the "Montana-Ireland Trade Development Act".
Mont. Code Ann. § 90-14-104 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-104
90-14-104 Commission on community service
Status: in_force

90-14-104 . Commission on community service. (1) The governor shall appoint a commission on community service composed of up to 15 members.

(2) Members must include a representative from a tribal government and from at least four state agencies in the following functional areas:

(a) natural resources;

(b) human services;

(c) labor;

(d) K-12 education;

(e) higher education; and

(f) military affairs.

(3) Members may include representatives from local government, not-for-profit agencies, federal agencies, business, labor unions, volunteer groups, and private citizens.

(4) To the extent possible, membership of the commission must be balanced according to race, ethnicity, age, gender, and disabilities.

(5) The commission shall assist in the development and coordination of state community service programs, integration of services, dissemination of information, recruitment of volunteers, recruitment and training of volunteer crewleaders, development of materials, and evaluation of and accountability for the services provided.

(6) Commission members are entitled to payment and reimbursement as provided in 2-15-122 (5).
Mont. Code Ann. § 90-4-1301 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1301
90-4-1301 Short title
Status: in_force

90-4-1301 . Short title. This part may be cited as the "Commercial Property-Assessed Capital Enhancements Act of Montana".
Mont. Code Ann. § 90-6-109 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-109
90-6-109 Procedure prior to financing of housing developments
Status: in_force

90-6-109 . Procedure prior to financing of housing developments. (1) The board may finance housing developments under this part only when the board finds that:

(a) there exists a shortage of decent, safe, and sanitary housing at rentals or prices which persons and families of lower income can afford within the general housing market area to be served by the proposed housing development;

(b) private enterprise has not provided an adequate supply of decent, safe, and sanitary housing in the housing market area at rentals or prices which persons or families of lower income can afford or provided sufficient mortgage financing for housing developments for occupancy by persons or families of lower income;

(c) the housing sponsor undertaking the proposed housing development in this state will supply well planned, well designed housing, and such sponsors are financially responsible;

(d) the housing development to be assisted under this part will be of public use and will provide a public benefit, taking into account the existence of local government comprehensive plans, housing and land use plans and regulations, areawide plans, and other public desires;

(e) the housing development does not involve the construction of second homes (for purposes of this paragraph, "second home" means a home which would not qualify as the primary residence of the taxpayer for federal income tax purposes relating to capital gains on the sale or exchange of residential property); and

(f) as to direct loans it is necessary to qualify for federal funds.

(2) The findings required under subsection (1) must be made after a public hearing whenever the financing of housing relates to a development for rental units owned by a for-profit housing sponsor. The board shall conduct the hearing unless it directs the governing body of the local government in which the proposed housing development is to be located to conduct the hearing.
Mont. Code Ann. § 90-4-613 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-613
90-4-613 Creation and use of energy conservation program account
Status: in_force

90-4-613 . Creation and use of energy conservation program account. (1) There is created an energy conservation program account within the state special revenue fund established in 17-2-102 .

(2) The energy conservation program account must be segregated by the treasurer from all other money in that or any other fund in the state treasury and used only to pay costs of the energy conservation program. The department may transfer all money authorized by the legislature for its administrative expenditures from the energy conservation program account to a special revenue fund.
Mont. Code Ann. § 90-4-317 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-317
90-4-317 Disaster and emergency laws supplemented
Status: in_force

90-4-317 . Disaster and emergency laws supplemented. The powers vested in the governor under this part are in addition to and not in lieu of emergency powers vested in the governor under Title 10, chapter 3, or any other law of Montana.
Mont. Code Ann. § 90-14-108 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-108
90-14-108 Indemnification for Montana community service act
Status: in_force

90-14-108 . Indemnification for Montana community service act. The provisions of 2-9-305 apply to community service volunteers for actions arising from the discharge of assigned community service functions or duties.
Mont. Code Ann. § 90-7-211 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-211
90-7-211 Necessary expenses -- fees
Status: in_force

90-7-211 . Necessary expenses -- fees. (1) Except as provided in 90-4-1305 (3)(a), all expenses of the authority incurred in carrying out the provisions of this chapter are payable solely from funds provided under the authority of this chapter. Liability may not be incurred by the authority beyond the extent to which money has been provided under this chapter, except for the purposes of meeting the necessary expenses of initial organization and operation and until the date that the authority derives money from funds provided under this chapter. The authority may borrow money for necessary expenses of organization and operation. The borrowed money must be repaid within a reasonable time after the authority receives funds provided for under this chapter.

(2) When an application is made to the authority by any participating institution for financial assistance to provide for its eligible facilities, the application may be accompanied by an initial planning service fee in an amount determined by the authority. The initial planning service fee may be included in the cost of the eligible facilities to be financed. In addition to the initial fee, an annual planning service fee may be paid to the authority by each participating institution in an amount determined by the authority. The annual planning service fee may be paid on the dates or in installments that are satisfactory to the authority. The fees must be used for:

(a) necessary expenses to determine the need for eligible facilities in the area concerned, and to that end, the authority may use recognized voluntary and official health planning organizations and agencies at local, regional, and state levels;

(b) necessary administrative, operating, and financing expenses;

(c) reserves for anticipated future expenses or loan losses;

(d) loans to finance the costs of eligible facilities; and

(e) grants to institutions to assist in determining eligibility for or compliance with government programs.

(3) The authority may, for a negotiated fee, retain the services of any other public or private person, firm, partnership, association, or corporation for the furnishing of services and data for use by the authority in determining the need for and location of any eligible facility for which application is being made or for other services or surveys that the authority considers necessary to carry out the purposes of this chapter.
Mont. Code Ann. § 90-5-105 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-105
90-5-105 Provisions for security of bondholders
Status: in_force

90-5-105 . Provisions for security of bondholders. (1) The payment of the principal of and interest on any bonds issued under the authority of this part shall be secured by a pledge of the revenues out of which such bonds shall be 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 project;

(b) a pledge of the lease or loan agreement relating to such project; or

(c) such other security device as may be deemed most advantageous by the issuing authority.

(3) (a) The proceedings under which the bonds are authorized to be issued under the provisions of this part and any mortgage given to secure the same, including a mortgage given by the borrower or lessee, may contain any agreements and provisions customarily contained in instruments securing bonds, all as the governing body shall deem advisable and as shall not be in conflict with the provisions of this part, including, without limiting the generality of the foregoing, provisions respecting the:

(i) fixing and collection of rents or payments under any lease or loan agreement concerning the project covered by such proceedings or mortgage;

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

(iii) maintenance and insurance of such project;

(iv) creation and maintenance of special funds from the revenues of such project; and

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

(b) In making any such agreements or provisions, a municipality or county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers.

(4) The proceedings authorizing any bonds under the provisions of this part and any mortgage, including a mortgage given by the lessee or borrower, securing such bonds may provide that in the event of a default in the payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or mortgage, such 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 revenues from the project in accordance with such proceedings or the provisions of such mortgage.

(5) Any mortgage made by the municipality or county or by the lessee or borrower to secure these bonds may also provide that, in the event of a default in the payment thereof 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 now or hereafter permitted by law. Such mortgage may also provide that any trustee under such mortgage or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale if the highest bidder therefor. No breach of any such agreement shall impose any pecuniary liability upon a municipality or county or any charge upon their general credit or against their taxing powers.
Mont. Code Ann. § 90-4-405 — MT Code / Title 90 / Chapter 4 / Part 4 / Section 90-4-405
90-4-405 Council members to hold public hearings in areas affected by acquisition of major resources
Status: in_force

90-4-405 . Council members to hold public hearings in areas affected by acquisition of major resources. (1) Whenever the northwest conservation and electric power plan or any amendment to the plan calls for the acquisition of major resources, as defined in 16 U.S.C. 839a, from an area of Montana east of the continental divide, the Montana council members shall hold at least one public hearing in the geographic area from which the major resources are proposed to be acquired and that will be affected by the proposed acquisition.

(2) The Montana council members shall request the participation of the other members of the council in conducting the public hearing required under subsection (1).

(3) The Montana council members shall give notice in a newspaper of general circulation in the area affected by the proposed acquisition of major resources at least 2 weeks before the public hearing required by subsection (1). The public hearing must be held at least 30 days before any final decision is made to incorporate into the plan the acquisition of major resources from the affected area.
Mont. Code Ann. § 90-4-1304 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1304
90-4-1304 Program authorized -- contracts
Status: in_force

90-4-1304 . Program authorized -- contracts. (1) In accordance with 90-4-1305 and 90-4-1306 , a governing body may establish a commercial property-assessed capital enhancements program and may create a district or districts under the program.

(2) (a) The governing body may enter into a contract with a record owner of real property within a district to finance one or more energy conservation projects or public safety and resiliency improvement projects on the real property included in a district in accordance with this part.

(b) The contract may provide for the repayment of the cost of an energy conservation project or public safety and resiliency improvement project through an assessment in accordance with 90-4-1307 on real property. The financing to be repaid through assessments must be provided by a third party.

(c) Financing may include the cost of materials and labor necessary for the installation or modification of energy conservation projects or public safety and resiliency improvement projects, permit fees, inspection fees, application and administrative fees, bank fees, and all other fees incurred by the record owner for the energy conservation project or public safety and resiliency improvement project on a specific or pro rata basis, as determined by the governing body.
Mont. Code Ann. § 90-6-508 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-508
90-6-508 Exemption from environmental review
Status: in_force

90-6-508 . Exemption from environmental review. The board of housing is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing loans, administering a loan program, or creating a loan program related to reverse annuity mortgage loans to elderly citizens.
Mont. Code Ann. § 90-4-1307 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1307
90-4-1307 Assessments
Status: in_force

90-4-1307 . Assessments. (1) (a) A local government may impose an assessment under a commercial property-assessed capital enhancements program pursuant to a written contract with the record owner of the real property to be assessed.

(b) The term of the assessment may not exceed the useful life of an energy conservation project or public safety and resiliency improvement project paid for by the assessment.

(2) Before entering into a contract with a record owner under a program, the local government shall verify that:

(a) delinquent taxes, special assessments, or water or sewer charges are not due on the real property; and

(b) delinquent assessments on the real property under a commercial property-assessed capital enhancements program are not due.

(3) (a) An assessment imposed under a commercial property-assessed capital enhancements program, including any interest on the assessment and any penalty, constitutes a program lien against the real property on which the assessment is imposed from the date of the assessment until the assessment, including any interest or penalty, is paid in full. The lien is for outstanding assessments only, runs with the real property, and has the same priority and status as other property tax and assessment liens.

(b) A governing body has the same rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest and penalty, is paid, the lien must be removed from the real property.

(4) (a) Except as provided in subsection (4)(b), installments of assessments due under a program must be included in each tax bill issued under 15-16-101 and must be collected at the same time and in the same manner as taxes collected under Title 15, chapter 16.

(b) Installments may be billed and collected as provided in a special assessment ordinance of general applicability adopted by a local government.
Mont. Code Ann. § 90-4-601 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-601
90-4-601 Short title
Status: in_force

90-4-601 . Short title. This part may be cited as the "State Building Energy Conservation Act".
Mont. Code Ann. § 90-1-141 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-141
90-1-141 Short title
Status: in_force

90-1-141 . Short title. Sections 90-1-141 through 90-1-147 may be cited as the "Economic Development Financial Assistance Act".
Mont. Code Ann. § 90-6-102 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-102
90-6-102 Legislative declaration
Status: in_force

90-6-102 . Legislative declaration. The legislature finds and declares that there is a shortage in Montana of decent, safe, and sanitary housing which is within the financial capabilities of lower income persons and families. In order to alleviate the high cost of housing for these persons, the legislature believes that it is essential that additional public moneys be made available through the issuance of revenue bonds to assist both private enterprise and governmental agencies in meeting critical housing needs.
Mont. Code Ann. § 90-1-404 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-404
90-1-404 Geospatial information -- management -- duties of state library
Status: in_force

90-1-404 . Geospatial information -- management -- duties of state library. (1) The state library shall:

(a) serve as the administrator of the account;

(b) work with all stakeholders, including but not limited to federal, state, local, private, and tribal entities, to prioritize needs and collect, develop, maintain, and disseminate geographic information systems, geospatial information, and geospatial technologies;

(c) prepare a geospatial information plan and operate according to the provisions of the plan. The plan:

(i) must be created in consultation with the council;

(ii) may include but is not limited to:

(A) the prioritized needs to collect, maintain, and disseminate geospatial information;

(B) priorities for geospatial coordination; and

(C) priorities for grant awards; and

(iii) must be reviewed and, if appropriate, updated every 3 years.

(d) establish an application process and a granting process that must be used to distribute funds in the account;

(e) review all grant applications;

(f) consider grant recommendations by the council;

(g) monitor a recipient's use of grant funds to ensure that the use of the funds complies with the purposes of this part;

(h) coordinate the development of standards for geographic information systems, geospatial information, and geospatial technologies;

(i) serve as the primary point of contact for national, regional, state, and other GIS coordinating groups for the purpose of channeling issues and projects to the appropriate individual, organization, agency, or other entity;

(j) provide administrative and staff support to the council, including paying the expenses of the council;

(k) annually prepare a budget to carry out the state library's responsibilities described in this section; and

(l) implement the conservation easement information requirements as provided for in 76-6-212 .

(2) To fulfill the responsibilities described in subsection (1), the state library or any recipient of funds granted pursuant to this part may contract with a public or private entity.
Mont. Code Ann. § 90-1-405 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-405
90-1-405 Geospatial information advisory council -- appointments -- terms -- vacancies -- compensation
Status: in_force

90-1-405 . Geospatial information advisory council -- appointments -- terms -- vacancies -- compensation. (1) There is a geospatial information advisory council.

(2) The council is composed of the following members:

(a) the state librarian or the state librarian's designee who shall:

(i) serve as the presiding officer of the council; or

(ii) appoint the presiding officer from among the other members of the council;

(b) the director of the department of administration or the director's designee; and

(c) to be appointed by the governor:

(i) one director of a department established in Title 2, chapter 15, other than the department of administration. The director may designate a person to act in the director's absence.

(ii) two persons who represent county or municipal government, at least one of whom is active in geographic information systems;

(iii) one person who is employed by the federal government;

(iv) one person who is active in geographic information systems and represents private businesses;

(v) one person who represents tribal government interests;

(vi) one person who represents the Montana university system;

(vii) one person who is a member of a Montana association of GIS professionals; and

(viii) one person who represents the interests of a Montana association of registered land surveyors.

(3) Council members shall serve staggered 3-year terms. Each council member may serve a maximum of three terms.

(4) A vacancy on the council must be filled in the same manner as the original appointment, and the person appointed to fill the vacancy shall serve for the remainder of the unexpired term.

(5) (a) A member of the council who is not an employee of the state or a political subdivision of the state is eligible to be reimbursed and compensated as provided in 2-15-122 .

(b) A member of the council who is an employee of the state or a political subdivision of the state is not entitled to compensation but is entitled to be reimbursed for expenses, as provided in 2-18-501 through 2-18-503.
Mont. Code Ann. § 90-4-304 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-304
90-4-304 Supply of vital public services during an energy supply alert and energy emergency
Status: in_force

90-4-304 . Supply of vital public services during an energy supply alert and energy emergency. The governor shall, with the advice of the committee, in developing provisions for the allocation, conservation, and consumption of energy, give due consideration to supplying vital public services such as essential governmental operations, health and safety functions, emergency services, public mass transportation systems, food production and processing facilities, and energy supply facilities during conditions of an energy supply alert or energy emergency. In developing any energy allocation programs, provisions shall be made for the equitable distribution of energy among the geographic areas of the state which are experiencing an energy shortage.
Mont. Code Ann. § 90-3-1302 — MT Code / Title 90 / Chapter 3 / Part 13 / Section 90-3-1302
90-3-1302 Authority to accept gifts, grants, contributions, and reimbursements
Status: in_force

90-3-1302 . Authority to accept gifts, grants, contributions, and reimbursements. The Montana bureau of mines and geology may accept gifts, grants, contributions pursuant to 90-3-1301 (3), and reimbursements to be used for the purposes of 90-3-1301 .
Mont. Code Ann. § 90-7-317 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-317
90-7-317 Capital reserve account
Status: in_force

90-7-317 . Capital reserve account. (1) There is a capital reserve account in the enterprise fund provided for in 90-7-202 (17).

(2) The authority shall deposit into the capital reserve account:

(a) funds from state appropriations received for deposit into the account, as provided in 90-7-319 , for bonds issued to finance capital projects for community health facilities that contract with the state to provide health care services, bonds issued to finance the facilities described in 90-7-220 and 90-7-221 , or bonds used to finance prerelease centers that contract with the state; and

(b) proceeds from the sale of bonds or notes to the extent provided in the resolutions or indentures of the authority authorizing their issuance.

(3) The authority may also deposit into the capital reserve account:

(a) revenue from fees and charges imposed by the authority;

(b) income from the investment of funds belonging to the authority; and

(c) any other funds that may be available to the authority for the purpose of the account from any other source, including loans authorized under 90-7-320 .
Mont. Code Ann. § 90-1-503 — MT Code / Title 90 / Chapter 1 / Part 5 / Section 90-1-503
90-1-503 Outcome measures
Status: in_force

90-1-503 . Outcome measures. (1) The department of commerce shall develop reasonable outcome measures by which the success of the distressed wood products industry revolving loan program provided for in this part must be measured on an annual basis. Minimal outcome that must be measured includes:

(a) the uses of loan funds that provided the best overall results; and

(b) a determination of the overall success of the loan program, including but not limited to the number of jobs created or retained, pay levels, financial status, reports on project activities, the growth of a local economy, and the taxable value of property or equipment.

(2) The department may require information from entities receiving loans in order to measure outcome.

(3) In accordance with 5-11-210 , the department shall provide a status report of the distressed wood products industry loan account to the economic affairs interim committee provided for in 5-5-223 .
Mont. Code Ann. § 90-1-403 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-403
90-1-403 Definitions
Status: in_force

90-1-403 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Account" means the Montana geospatial information account created in 90-1-409 .

(2) "Council" means the geospatial information advisory council established in 90-1-405 .

(3) "Digital format" means information that is scanned, electronically drawn, layered through the GIS, or digitized by other electronic methods.

(4) "Geographic information system" or "GIS" means an organized collection of computer hardware, software, geospatial information, and other resources, including personnel, that is designed to or assists to efficiently collect, maintain, and disseminate all forms of geographically referenced information.

(5) "Geospatial information" means data that describes the geographic location and characteristics of natural or constructed features and boundaries within or pertaining to Montana.

(6) "State librarian" means the executive officer of the state library commission provided for in 22-1-102 .

(7) "State library" means the state library provided for in 22-1-201 .
Mont. Code Ann. § 90-4-302 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-302
90-4-302 Definitions
Status: in_force

90-4-302 . Definitions. As used in this part, the following definitions apply:

(1) "Bulk pipeline terminal" means a facility that is primarily used for storage for the marketing of petroleum products and that has a total bulk storage capacity of 50,000 gallons or more.

(2) "Distributor" means any person, private corporation, partnership, producer, individual proprietorship, public utility, joint operating agency, or cooperative that engages in or is authorized to engage in the activity of generating, producing, transmitting, or distributing energy in this state.

(3) "Energy" means petroleum or other liquid fuels, natural or synthetic fuel gas, or electricity.

(4) "Energy emergency" means:

(a) an existing or imminent domestic, regional, or national shortage of energy that will result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy unless action is taken to conserve or limit the use of the energy form involved and the allocation of available energy supplies among users or to increase the available supply of energy; or

(b) a price of energy that will:

(i) result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy; or

(ii) impose a threat to the health or safety of those segments of the population who are most in need, as defined by their economic, social, or medical circumstances.

(5) "Energy facility" means a facility that produces, extracts, converts, transports, or stores energy.

(6) "Energy supply alert" means a condition of energy supply on a national, regional, state, or local basis that foreseeably will affect significantly the availability of essential energy supplies within the ensuing 90-day period unless action is taken under 90-4-309 to reduce energy usage by state agencies and political subdivisions or action is taken to increase the supply of energy.

(7) "Person" means an individual, partnership, joint venture, private or public corporation, cooperative, association, firm, public utility, political subdivision, municipal corporation, government agency, joint operating agency, or any other entity, public or private, however organized.

(8) "Petroleum pipeline company" means a person who owns or operates in Montana any pipeline used for the transportation of petroleum products or their derivatives. This definition does not include pipelines used to transport crude petroleum from producing wells to refineries.

(9) "Petroleum products" means propane, butane, propane/butane mix, motor gasoline, kerosene and other middle distillates, aviation gasoline, jet fuel, number 4 fuel oil, residual fuel oil, and alcohol fuels, whether in natural or synthetic form.

(10) "Prime petroleum supplier" means the person who makes the first sale of a petroleum product into the state distribution system. Any person who is considered to be a Montana prime supplier by the U.S. department of energy is included in this definition.

(11) "Refiner" means a person that owns, operates, or controls the operations of one or more refineries located in Montana.

(12) "Refinery" means an industrial plant, regardless of capacity, that processes fossil or renewable feedstock or manufactures refined petroleum products, except when the plant exclusively produces petrochemicals.
Mont. Code Ann. § 90-6-127 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-127
90-6-127 Allocation of state limit
Status: in_force

90-6-127 . Allocation of state limit. (1) All of the aggregate amount of qualified mortgage bonds that may be issued during any calendar year in accordance with section 146 of the Internal Revenue Code, 26 U.S.C. 146, as amended, is allocated to the board of housing.

(2) The board of housing may adopt standards for determining and may designate areas of chronic economic distress within the meaning of section 143(j)(3) of the Internal Revenue Code, 26 U.S.C. 143(j)(3), as amended.
Mont. Code Ann. § 90-15-103 — MT Code / Title 90 / Chapter 15 / Part 1 / Section 90-15-103
90-15-103 Funding
Status: in_force

90-15-103 . Funding. The library and each principal data source agency may apply for and may receive funding from private and public sources for the purposes of this chapter.
Mont. Code Ann. § 90-6-106 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-106
90-6-106 Adoption of rules
Status: reserved

90-6-106 . Adoption of rules. (1) The board shall adopt rules respecting the regulation of borrowers, the admission of occupants in housing developments, the construction of ancillary facilities, and requirements or restrictions necessary to implement this part.

(2) The board shall adopt rules for the:

(a) organization, approval, standards, and regulation of housing sponsors and eligible recipients;

(b) approval, standards, and regulation of lending institutions under this part;

(c) assessment, collection, and payment of all fees and charges in connection with making, purchasing, and servicing of its bonds and notes, mortgage lending, construction lending, temporary lending, and security purchase programs;

(d) assessment and collection of fees and charges in connection with its technical, consultative, and project assistance activities;

(e) determination and regulation of mortgagor and lending institution and their use of funds under this part, sponsor and mortgagor equity definitions and limitations, and housing development costs;

(f) percentage of housing units or housing developments assisted under this part that are reserved for lower income persons and families and which allows for an economic mixture of residents.
Mont. Code Ann. § 90-1-604 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-604
90-1-604 Eligible projects
Status: in_force

90-1-604 . (Temporary) Eligible projects. (1) An eligible proposal may be awarded funding under this section, consistent with the national telecommunications and information administration, for a project in a project area that, as of the date the proposal is filed, constitutes an unserved or underserved area. Funds must be used in accordance with the requirements set forth in the Infrastructure Investment and Jobs Act, Public Law 117-58, and as established by the national telecommunications and information administration.

(2) The project area, including middle-mile or last-mile proposals, to be served by a project funded under the program must be described on a shapefile basis.

(3) The department may issue requests for proposals or accept proposals from eligible providers or solicit proposals for specific eligible projects as designated by the department, which would be submitted as proposals pursuant to this part.

(4) A broadband project may be recommended to the commission for disqualification on the basis that the location surpasses the extremely high cost per location threshold, high-cost area calculation, or for other valid reasons subject to approval by the national telecommunications and information administration.

(5) If no broadband service technology meeting national telecommunications and information administration's technical requirements is deployable for a subsidy of less than the extremely high cost per location threshold at a given location, the commission is authorized to recommend a proposal involving a less costly technology for that location, even if that technology does not provide reliable broadband service but otherwise satisfies the program's technical requirements.

(6) Middle-mile or last-mile broadband deployment projects may be recommended by the commission if the responsive proposal meets the requirements set forth by the national telecommunications and information administration.

(7) On recommendation by the commission, the department may request proposals from eligible providers for unserved service projects or underserved service projects if no acceptable application is submitted for funding consideration. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-6-131 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-131
90-6-131 Legislative declaration
Status: in_force

90-6-131 . Legislative declaration. (1) The legislature finds that escalating land costs, current economic conditions, federal housing policies, and declining resources at the federal, state, and local levels adversely affect the ability of low-income and moderate-income persons to obtain safe, decent, accessible, and affordable housing.

(2) The legislature further finds that the state will lose substantial sums allocated to it by the federal government for affordable housing for low-income and moderate-income households unless matching funds are provided.

(3) The legislature declares that it is in the public interest to establish a continuously renewable financial resource known as the housing Montana fund to assist low- and moderate-income citizens in meeting their basic housing needs. Long-term affordability is the goal.
Mont. Code Ann. § 90-1-135 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-135
90-1-135 Special revenue accounts
Status: in_force

90-1-135 . Special revenue accounts. (1) There is a state special revenue account in the state treasury for the receipt of state and private funds and a federal special revenue account in the state treasury for the receipt of federal funds for expenditure by the state-tribal economic development commission established in 90-1-131 .

(2) Money in the state special revenue account from proceeds distributed under 15-65-121 and 15-68-820 is to be used for activities for the Indian tourism region, defined in 15-65-101 .

(3) Except as provided in subsection (2), money in the accounts established in subsection (1) must be used to pay the commission's administrative costs.

(4) Money in the accounts that is not expended for the purposes identified in subsection (2) or (3) may be used for other purposes that the commission considers prudent or necessary.

(5) Interest and income earned on the money in the accounts must be deposited in the accounts for the commission's use.
Mont. Code Ann. § 90-7-104 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-104
90-7-104 Eligible facility
Status: in_force

90-7-104 . Eligible facility. (1) The term "eligible facility" means any structure or building located within the United States that is suitable or qualifying for use as:

(a) a hospital, clinic, nursing home, or other health care facility as defined in 50-5-101 ;

(b) a public health center, as defined in 7-34-2102 ;

(c) a facility for persons with disabilities;

(d) a chemical dependency treatment facility;

(e) a nursing school;

(f) a medical teaching facility;

(g) a laboratory;

(h) a dental care facility;

(i) a prerelease center;

(j) a diagnostic, treatment, or surgical center;

(k) a facility providing services for the elderly;

(l) a facility owned, used, or supported by an entity organized under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3);

(m) a project as defined in 90-5-101 ;

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

(o) a structure or facility related to any of the uses enumerated in subsections (1)(a) through (1)(n) or required or useful for the operation of an eligible facility. These related facilities include supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and include without limitation the acquisition, preparation, and development of all lands and real and personal property necessary or convenient as a site for any of the uses enumerated in subsections (1)(a) through (1)(n).

(2) An eligible facility does not include:

(a) items such as food, fuel, supplies, or other items that are customarily considered as current operating expenses; and

(b) a structure used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.
Mont. Code Ann. § 90-9-104 — MT Code / Title 90 / Chapter 9 / Part 1 / Section 90-9-104
90-9-104 Growth through agriculture account
Status: in_force

90-9-104 . Growth through agriculture account. There is a growth through agriculture account in the state special revenue fund established by 17-2-102 to be administered by the department of agriculture for providing funding for the growth through agriculture program.
Mont. Code Ann. § 90-6-303 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-303
90-6-303 Presiding officer -- meetings -- facilities -- funding
Status: in_force

90-6-303 . Presiding officer -- meetings -- facilities -- funding. (1) The board shall elect a presiding officer from among its members.

(2) The board shall meet as necessary or as called by the presiding officer or a majority of the members.

(3) The board is allocated to the department of commerce for administrative purposes only as provided in 2-15-121 .

(4) The administrative and operating expenses of the board must be paid from revenue deposited to the credit of the hard-rock mining impact trust account from the license tax on metal mines imposed under Title 15, chapter 37.
Mont. Code Ann. § 90-4-617 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-617
90-4-617 Energy conservation capital projects account
Status: in_force

90-4-617 . Energy conservation capital projects account. (1) There is an energy conservation capital projects account in the capital projects fund type established in 17-2-102 .

(2) There must be deposited in the account:

(a) money transferred from the energy conservation repayment account; and

(b) other amounts transferred to the account by the legislature.

(3) Money in the account is available to the division by appropriation and may be used to pay the costs of the acquisition, installation, and construction of energy saving equipment, systems, or improvements in state buildings, facilities, or structures.
Mont. Code Ann. § 90-6-107 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-107
90-6-107 Deposit and expenditure of funds
Status: in_force

90-6-107 . Deposit and expenditure of funds. (1) There is a housing authority enterprise fund in the proprietary fund type as provided for in 17-2-102 (2). All funds from the proceeds of bonds issued under this part, fees, and other money received by the board, money appropriated by the legislature for the use of the board in carrying out this part, and money made available from any other source for the use of the board must be deposited in the housing authority enterprise fund. All funds deposited in the housing authority enterprise fund, except funds appropriated by the legislature for use of the board in payment of expenses incurred in carrying out this part, are continuously appropriated to and may be expended by the board for the purposes authorized in this part.

(2) There is a capital reserve account in the housing authority enterprise fund provided for in subsection (1). The capital reserve account consists of the aggregate money retained by the board under existing agreements with bondholders as the minimum capital reserve requirement described in 90-6-119 for each bond issue sold by the board.

(3) Funds appropriated by the legislature for use of the board in payment of expenses incurred in carrying out this part must be deposited in the housing authority enterprise fund. Funds expended by the board under this subsection must be repaid by the board from the fees and charges collected under this part and from any other money available for repayment in accordance with this part.
Mont. Code Ann. § 90-9-501 — MT Code / Title 90 / Chapter 9 / Part 5 / Section 90-9-501
90-9-501 Montana farmer loan repayment assistance program
Status: in_force

90-9-501 . (Temporary) Montana farmer loan repayment assistance program. There is a Montana farmer loan repayment assistance program administered by the council in consultation with the cooperative extension service. The program must provide for the direct repayment of educational loans of eligible farmers in accordance with the rules adopted by the council pursuant to 90-9-203 to implement this part. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-6-151 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-151
90-6-151 Exemption from environmental review
Status: in_force

90-6-151 . Exemption from environmental review. The department and the board of housing are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing loans, administering a loan program, or creating a loan program related to the financing of housing pursuant to this part.
Mont. Code Ann. § 90-4-202 — MT Code / Title 90 / Chapter 4 / Part 2 / Section 90-4-202
90-4-202 Allocation formula
Status: in_force

90-4-202 . Allocation formula. (1) The department of public health and human services may use not more than 5% of the total weatherization funds for administration of the weatherization program.

(2) Each of the human resource development councils or other public or nonprofit entities shall receive that fraction of the remaining money as the number of eligible households in its geographic area bears to the total number of eligible households in the state.

(3) The department of public health and human services may transfer weatherization money among the human resource development councils or other public or nonprofit entities if it finds that the money is not being expended in accordance with the terms of the agreements executed to carry out the provisions and purposes of this section and federal laws and regulations.

(4) Each of the human resource development councils or other public or nonprofit entities shall submit plans and proposed agreements to the units of local government in the district for review and comment before the agreements are approved by the department of public health and human services.
Mont. Code Ann. § 90-1-106 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-106
90-1-106 Functions of department of commerce -- housing
Status: in_force

90-1-106 . Functions of department of commerce -- housing. The department may:

(1) survey and investigate housing needs throughout the state and publish the results and make recommendations to the governor and the legislature as to legislation and other measures necessary, desirable, or advisable to alleviate housing problems;

(2) maintain and disseminate information on available governmental housing assistance programs, eligibility and development requirements, and other similar information; and

(3) promote research and development in housing planning design, production, conservation, rehabilitation, and other matters relating to, or affecting the provision of decent, safe, and sanitary housing in a suitable living environment.
Mont. Code Ann. § 90-1-501 — MT Code / Title 90 / Chapter 1 / Part 5 / Section 90-1-501
90-1-501 Revolving loan program for distressed wood products industry -- finding
Status: in_force

90-1-501 . Revolving loan program for distressed wood products industry -- finding. (1) Due to the current, well-documented decline in the wood products industry in Montana, the legislature finds that there is a need to assist the Montana wood products industry as a whole through a revolving loan program.

(2) There is a special revenue account called the distressed wood products industry revolving loan account to the credit of the department of commerce.

(3) (a) The distressed wood products industry revolving loan account consists of money deposited into the account from an appropriation in Chapter 489, Laws of 2009, and money from any other source. Any interest earned by the account must be deposited into the account and used to sustain the program.

(b) Loan repayments and any interest generated from loan repayments must be used as revolving loans for the wood products industry and are subject to the provisions of subsections (5) through (7).

(4) In any biennium, up to 36% of the funds in the distressed wood products industry revolving loan account, not to exceed $2.7 million, may be used as matching funds to secure additional federal money. Federal funds must be deposited in a federal special revenue account and used for loans in accordance with this part. State matching funds must be deposited in a special revenue account called the distressed wood products matching fund.

(5) (a) Funds from the distressed wood products industry revolving loan account may be loaned to:

(i) individuals, including private contractors related to the wood products industry; or

(ii) businesses defined as small businesses pursuant to the regulations promulgated by the United States small business administration pursuant to 13 CFR 121, et seq.

(b) Loans made pursuant to this subsection (5) must be made to individuals or small businesses that are part of the critical, primary wood-processing infrastructure and have suffered economic hardships.

(6) Loans must be used to sustain and grow the wood products industry in Montana. Loans may be used for:

(a) the purchase or lease of land or equipment;

(b) updating infrastructure, including retrofitting of infrastructure to facilitate new uses;

(c) working capital;

(d) debt service;

(e) matching funds for grants or other loans that comply with the intent of this section; or

(f) any other use the department determines would sustain and grow the wood products industry.

(7) (a) A loan may not exceed $2 million, and the loan must be repaid within 15 years.

(b) A loan recipient may apply for another loan pursuant to this section 2 years or more after the date the previous loan was approved.
Mont. Code Ann. § 90-6-119 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-119
90-6-119 Reserve funds and appropriations
Status: in_force

90-6-119 . Reserve funds and appropriations. (1) The board shall pay into the capital reserve account:

(a) any funds appropriated and made available by the state for the purpose of the account;

(b) any proceeds of sale of notes or bonds to the extent provided in the resolutions or indentures of the board authorizing their issuance; and

(c) any other funds which may be available to the board for the purpose of the account from any other source.

(2) All funds held in the capital reserve account shall be used solely for the payment of the principal of bonds secured in whole or in part by the account or of the debt service payments with respect to the bonds, the purchase or redemption of the bonds, the payment of interest on the bonds, or the payment of any redemption premium required to be paid when the bonds are redeemed prior to maturity. Funds in the account shall not be withdrawn at any time in an amount which reduces the amount of the account to less than the sum of minimum capital reserve requirements established for the account, except, with respect to bonds secured in whole or in part by the account, for the purpose of making payment, when due, of principal, interest, redemption premiums, and debt service payments for the payment of which other moneys pledged are not available. Any income or interest earned by or incremental to the capital reserve account due to its investment may be transferred to other accounts of the board to the extent it does not reduce the amount of the capital reserve account below the sum of minimum capital reserve requirements for the account.

(3) The board may not issue bonds secured in whole or in part by the capital reserve account unless the board deposits in the account from the proceeds of the bonds issued or from any other sources an amount not less than the minimum capital reserve requirement for these bonds. For the purposes of this section, the term "minimum capital reserve requirement" means, as of any particular date of computation, an amount of money, as provided in the resolution or indenture of the board authorizing the bonds or notes, equal to not more than the greatest of the respective amounts for the current or any future fiscal year of the board of annual debt service on the bonds of the board secured in whole or in part by the account. The annual debt service for any fiscal year is the amount of money equal to the aggregate of all interest and principal payable on the bonds during the fiscal year, calculated on the assumption that all the bonds are paid at maturity. If any amount of the bonds is required to be redeemed on an earlier date by the operation of a debt service fund, then that amount is considered payable on those bonds during the year they are to be redeemed for the purposes of this calculation.

(4) In computing the amount of the capital reserve account, securities in which all or a portion of the account shall be invested shall be valued at par or, if purchased at less than par, at their cost to the board.
Mont. Code Ann. § 90-9-306 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-306
90-9-306 Appropriation authority and funding -- prohibitions
Status: in_force

90-9-306 . (Temporary) Appropriation authority and funding -- prohibitions. (1) The council may accept and expend the funds that it receives from grants, donations, or other private or public income, including amounts repaid as principal and interest on loans made by the council. These funds are statutorily appropriated to the council, as provided in 17-7-502 , for the purposes of this chapter, except that expenditures for actual and necessary expenses required for the efficient administration of this chapter must be made from temporary appropriations, as described in 17-7-501 (1) or (2), made for that purpose.

(2) No more than $100,000 of the funds expended by the council in the biennium beginning July 1, 2019, may be expended for the purposes of the Montana farmer loan repayment assistance program provided for in Title 90, chapter 9, part 5. The council may use the unspent funds for grants, loans, or other program costs pursuant to this chapter.

(3) Council members may not personally apply for or receive council funds. If an organization with which a member is affiliated applies for council funds, the member shall disclose the nature of the affiliation and, if the council member is a board member or officer of the organization, may not participate in the decision of the council regarding the application. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)