Mont. Code Ann. § 90-6-307 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-307
90-6-307 Impact plan to be submitted
Status: in_force

90-6-307 . Impact plan to be submitted. (1) After an application for a permit for a large-scale mineral development is made under 82-4-335 , the person seeking the permit shall submit to the affected counties and the board an impact plan describing the economic impact the large-scale mineral development will have on local government units and shall file proof of the submission to the counties with the board. Whenever an environmental impact statement on the permit application is prepared under 75-1-201 , the lead agency shall cooperate to the fullest extent practicable with the affected local government units to eliminate duplication of effort in data collection. The governing bodies of the affected counties shall publish notice of the submission of an impact plan at least once in a newspaper of general circulation in the county. The mineral developer and the affected local government units shall ensure that the impact plan includes:

(a) a timetable for development, including the opening date of the development and the estimated closing date;

(b) the estimated number of persons coming into the impacted area as a result of the development;

(c) the increased capital and operating cost to local government units for providing services that can be expected as a result of the development;

(d) the financial or other assistance that the developer will give to local government units to meet the increased need for services.

(2) In the impact plan, the developer shall commit itself to pay all of the increased capital and net operating cost to local government units that will be a result of the development, as identified in the impact plan, whether from tax prepayments, as provided in 90-6-309 , special industrial local government facility impact bonds, as provided in 90-6-310 , or other funds obtained from the developer, and shall provide a time schedule within which it will do so. The plan may provide for funding from other revenue sources or funding mechanisms if the developer guarantees that the amount to be provided from these sources will be paid.

(3) Upon request of the governing body of an affected unit of local government, the mineral developer, prior to the end of the 90-day review period, shall provide financial or other assistance as necessary to prepare for and evaluate the impact plan. The governing body of the affected county shall contract with the developer to obtain the requested financial assistance for each unit of local government within the county. Any disbursements to a unit of local government under this subsection must be credited against future tax liabilities, if any.

(4) The governing body of the county where the fiscal impacts on local government units are forecasted in the impact plan to be most costly shall, within 90 days after receipt of the impact plan from the developer, conduct a public hearing on the impact plan.

(5) An affected local government unit that has not been identified in an impact plan submitted to the board as being likely to experience increased capital and operating costs for providing services that can be expected as a result of the development may object to the impact plan under the provisions of this section if the local government unit clearly demonstrates that it is likely to experience increased capital and operating costs from the mineral development.

(6) An affected local government unit shall, within 90 days after receipt of the impact plan from the developer, notify the board in writing if that local government unit objects to the impact plan, specifying the reasons for the objection. During the 90-day period, an affected local government unit may petition for one 30-day extension by submitting a written request to the board stating the need and justification for the extension. The board shall grant the extension unless it finds that there is no reasonable basis for the request. If an objection is not received within the 90-day period or any extension of the period, the impact plan is approved without any review by the board. An approved plan is binding and may only be altered under the amendment provisions of 90-6-311 .

(7) If objections are received from a local government unit, the board shall, within 10 days, notify the developer and forward a copy of the local government unit's objections to the developer. The local government unit and the developer have 30 days, or a longer period if both the local government unit and the developer request an extension, to resolve the objection. If the objections are not resolved, the board shall conduct a hearing on the validity of 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. The impact plan filed by the developer does not carry a presumption of correctness at the hearing.

(8) Following the hearing, the board shall, within 60 days, make findings as to those portions of the impact plan that were objected to and, if appropriate, amend the impact plan accordingly. The findings and impact plan, as amended, must be served by the board upon all parties. A local government unit or the developer, if aggrieved by the decision of the board, is entitled to judicial review, as provided by Title 2, chapter 4, part 7, in the district court in and for the judicial district in which the hearing was held.

(9) The developer shall, within 30 days of receipt of the approved impact plan, provide the board with a written guaranty that the developer will meet the increased costs of public services and facilities as specified in the approved impact plan and according to the time schedule contained in the approved impact plan.

(10) The developer may make payments as specified in the approved impact plan directly to a local government unit or to the board. The governing body of a local government unit receiving payments shall deposit the payments into an impact fund. The developer and the affected governing body shall each issue to the board written verification of each payment and its intended use in compliance with the impact plan. The board shall deposit payments received from a developer into the hard-rock mining impact account established by 90-6-304 .

(11) The board shall notify the department of environmental quality of its receipt of the written guaranty of payment and of any failure of the developer to comply with this section.

(12) Upon receipt of evidence that an affected local government unit identified in the approved impact plan is providing or is preparing to provide an additional service or facility provided for in the approved impact plan, the board shall, if the hard-rock mining impact account is used to deliver payments to the local government unit, pay to that local government unit, in one sum or in parts, the money from the hard-rock mining impact account identified in the plan as the increased cost to the local government unit of providing that public service or facility.

(13) If it is determined that an objection filed by an affected local government unit under subsections (5) and (6) or 90-6-311 (3) is valid and it results in some remedial order by the board or court of competent jurisdiction, the local government unit must be awarded and the developer shall pay reasonable costs and attorney fees associated with any administrative or judicial appeals filed under this section. Any attorney fees and costs awarded are in addition to any amounts paid by the developer under this part.

(14) Upon a determination by the department of environmental quality that a permittee under 82-4-335 has become or will become a large-scale mineral developer, the permittee may petition the board for a waiver of the impact plan requirement. The board may grant a waiver or conditional waiver of this requirement only if it has provided notice and opportunity for hearing to the permittee and to all affected local government units. The board shall adopt criteria under which a waiver may be granted. A waiver issued by the board may be revoked as provided in the conditional waiver or if the permittee and contractors at the mineral development increase their payrolls from the date of the waiver by 75 or more persons. However, any revocation must be requested by an affected local government unit, and notice and opportunity for hearing must be given to the permittee and all affected local government units. The board shall notify the board of land commissioners of any waiver that has been revoked.

(15) When a person who holds an operating permit under 82-4-335 and who has filed an impact plan fails to comply with the review and implementation requirements in this part and part 4 of this chapter, the board shall certify to the board of land commissioners that the failure to comply has occurred and shall certify when a permittee who has previously failed to comply comes into compliance.
Mont. Code Ann. § 90-4-605 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-605
90-4-605 Preparation of energy conservation program
Status: in_force

90-4-605 . Preparation of energy conservation program. (1) The division shall identify buildings or building systems that have a potential for energy savings, based on age, energy use, function, and condition of the building. On request of the division, a state agency shall provide the division with information necessary to allow the division to comply with this requirement.

(2) Based on the criteria in subsection (1) and on the feasibility of leveraging other funds, such as federal and utility energy conservation program money, the division shall select certain facilities for in-depth energy analyses to identify the technical and financial feasibility of making energy conservation improvements to the facilities.

(3) (a) On completion of the energy analyses, the division shall identify estimated costs and savings to the state based on these analyses.

(b) The division shall identify each project for which the estimated savings are determined to be greater than the cost of the project plus annual interest payments on the unpaid balance of the cost of the project.

(c) The division shall implement a design and construction project using funds from the general fund or the energy conservation capital projects account established in 90-4-617 for the costs of the project.

(4) The division shall compile a report that must include the following:

(a) a listing of contacts between the division and other state agencies;

(b) a summary of the division's review of agency requests and a selection of projects for in-depth analysis;

(c) a summary of the energy analyses conducted by the division, including the estimated cost of each proposed project and the estimated energy cost savings of each proposed project; and

(d) a listing of additional projects under consideration, for which energy analyses have not been conducted.

(5) The division shall submit the report required by subsection (4) to the governor before September 1 of each even-numbered year.

(6) The division shall set the annual interest rate for projects funded by the energy conservation program by July 1 of each year. The annual interest rate may not exceed 3%. The division may set the annual interest rate to cover administrative costs of the program.
Mont. Code Ann. § 90-6-204 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-204
90-6-204 Presiding officer, meetings, compensation, and facilities
Status: in_force

90-6-204 . Presiding officer, meetings, compensation, and facilities. (1) The board shall elect a presiding officer from among its members.

(2) The board shall meet quarterly and may meet at other times as called by the presiding officer or a majority of the members.

(3) Members are entitled to compensation as provided for in 2-15-124 (7).

(4) The department of commerce shall provide suitable office facilities and the necessary staff for the coal board.
Mont. Code Ann. § 90-4-615 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-615
90-4-615 Energy conservation repayment account
Status: in_force

90-4-615 . Energy conservation repayment account. (1) There is an energy conservation repayment account in the state special revenue fund established in 17-2-102 .

(2) There must be deposited in the energy conservation repayment account:

(a) the amount of energy costs saved as a result of energy conservation projects in state buildings, facilities, or structures using appropriations from the energy conservation capital projects account or the general fund for the energy conservation program;

(b) interest earned on the account;

(c) interest earned on the energy conservation capital projects account created in 90-4-617 ; and

(d) funds transferred to the account by the legislature.

(3) Money in the energy conservation repayment account is available to the division by appropriation to fund the costs of the energy conservation program for:

(a) conducting energy analysis;

(b) data collection and analysis;

(c) program administration and oversight;

(d) procurement, design, and construction costs for projects with energy cost savings considered not appropriate for funding through the repayment program; and

(e) monitoring the results of state building energy conservation projects.

(4) If the unencumbered funds in the account at the end of a biennium exceed $2 million, the division shall transfer to the energy conservation capital projects account the amount of funds in excess of $2 million.
Mont. Code Ann. § 90-5-303 — MT Code / Title 90 / Chapter 5 / Part 3 / Section 90-5-303
90-5-303 Definitions
Status: in_force

90-5-303 . Definitions. As used in this part, the following definitions apply:

(1) "Employee ownership group" means a group that may include a corporation, labor organization, or other groups of persons voluntarily affiliated for the purpose of actively engaging in an effort to establish an employee-owned enterprise.

(2) "Employee-owned enterprise" means a business corporation that:

(a) requires that at least a majority of its employees:

(i) are vested with stock in the enterprise and all of whose vested employees are entitled to vote; and

(ii) own a majority of the shares which must be voted so that the vote of a majority of the employees control the vote of a majority of shares;

(b) requires that voting rights on corporate matters for shares held in trust for the employees pass through to those employees at least to the extent required by the voting requirements of section 409(e) of the Internal Revenue Code of 1986, as amended;

(c) provides vested employees the right to vote on corporate matters, including merger, consolidation, recapitalization, reclassification, liquidation, dissolution, or sale; and

(d) requires that at least a majority of the members of the board of directors is elected by the employees of the enterprise.
Mont. Code Ann. § 90-6-331 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-331
90-6-331 Payment to counties -- statutory appropriation
Status: in_force

90-6-331 . (Temporary) Payment to counties -- statutory appropriation. Prior to each October 31, all money segregated by county in the hard-rock mining impact trust account following allocation to the hard-rock mining impact trust account established in 90-6-304 (2) as of the immediately preceding September 30 must be paid to the county for which the funds have been held in deposit. The payments to the counties are statutorily appropriated as provided in 17-7-502 . The funds received by the county must be deposited in the county hard-rock mine trust account established in 7-6-2225 . (Terminates June 30, 2035--sec. 1, Ch. 181, L. 2025, sec. 3, Ch. 181, L. 2025.)
Mont. Code Ann. § 90-14-102 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-102
90-14-102 Definitions
Status: in_force

90-14-102 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Commission" means the commission on community service appointed by the governor to assist in implementation of this part.

(2) "Community service" means any kind of public service that provides a benefit to the state of Montana, any of its political subdivisions, or a tribal government or that benefits disadvantaged or low-income persons, disabled persons, or senior citizens of Montana.

(3) "Director" means the person appointed by the governor as the community service director to administer and coordinate the provisions of this part.

(4) "Program" means the Montana community service program, which includes all of the volunteer projects established under this part.

(5) "Volunteer" means a person performing services under this part for an association, not-for-profit corporation, hospital, school, or state, local, or tribal governmental entity without compensation, except that partial or full reimbursement may be made for actual expenses incurred.
Mont. Code Ann. § 90-4-402 — MT Code / Title 90 / Chapter 4 / Part 4 / Section 90-4-402
90-4-402 Appointment of council members by governor
Status: in_force

90-4-402 . Appointment of council members by governor. (1) In accordance with subsections (6) through (8), the governor shall appoint at the beginning of each gubernatorial term two persons to serve as members of the council as provided in Public Law 96-501.

(2) (a) An appointment of a council member by the governor is subject to the confirmation of the senate, except that the governor may appoint a council member to assume office before the senate meets in its next regular session to consider the appointment. A member appointed by the governor is vested with all the functions of the office upon assuming the office and is a de jure officer, notwithstanding the fact that the senate has not yet confirmed the appointment.

(b) If the senate does not confirm the appointment of a member in accordance with subsection (2)(a), the governor shall make a new appointment who is subject to confirmation by the senate.

(3) A council member serves at the pleasure of the governor. The governor may remove a council member at any time and appoint a new member to the office. If the governor removes a council member and appoints a new member to the office, the new member is subject to confirmation by the senate.

(4) If a vacancy occurs in the office of a council member, the governor shall appoint, as soon as reasonably possible, a new member to serve at the pleasure of the governor. If a vacancy occurs and the governor appoints a member to the office, the new member is subject to confirmation by the senate.

(5) If an appointment is made by the governor in accordance with subsections (2) through (4) when the senate is not in regular session, confirmation must occur during the next regular session.

(6) When making an appointment in accordance with subsection (1), the governor shall consider a potential candidate's previous experience, training, and education related to the duties and functions of the council and the priorities contained in Public Law 96-501.

(7) (a) The governor shall appoint members with experience or education in one or more of the following matters:

(i) economic, legal, social, and political aspects of energy production and distribution;

(ii) fish and wildlife management; or

(iii) the use, distribution, and protection of watersheds located in the Pacific Northwest.

(b) The governor shall consider potential members with an understanding of and familiarity with the impacts of members' actions on the electricity rates of Montana utilities and residents receiving their power supply from the Bonneville power administration.

(8) At least one member appointed to the council must be a resident in a county served in whole or in part by a Montana utility, as defined in 69-5-102 , receiving at least one-third of its power supply from the Bonneville power administration.
Mont. Code Ann. § 90-4-203 — MT Code / Title 90 / Chapter 4 / Part 2 / Section 90-4-203
90-4-203 Annual allocation
Status: in_force

90-4-203 . Annual allocation. State and federal weatherization funds shall be allocated to local weatherization programs on an annual basis.
Mont. Code Ann. § 90-6-149 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-149
90-6-149 Use of state trust lands for attainable housing
Status: in_force

90-6-149 . Use of state trust lands for attainable housing. Where state trust lands are in close proximity to cities, towns, or communities:

(1) the department of natural resources and conservation shall undertake an evaluation of whether the lands could be made available for use as land for potential development of attainable workforce housing as a part of the Montana community reinvestment plan; and

(2) each community reinvestment organization shall consider the use of state lands to support critical public employee services, including attainable workforce housing as part of the Montana community reinvestment plan.
Mont. Code Ann. § 90-6-146 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-146
90-6-146 Community reinvestment organizations
Status: in_force

90-6-146 . Community reinvestment organizations. (1) A community reinvestment organization meeting the requirements of 90-6-147 may be established no later than December 31, 2024.

(2) There may be a maximum of 16 community reinvestment organizations in the state.

(3) The geographic boundaries of each community reinvestment organization must be similar to the boundaries determined by the department of commerce for certified regional development corporations provided for in 90-1-116 . Regions not included in the described boundaries may establish community reinvestment organizations up to the maximum number allowed in subsection (2). The certified regional development corporation may choose to create and manage a region's community reinvestment organization but is not required to serve as that region's community reinvestment organization.

(4) Counties that are not within the boundaries of an existing certified regional development corporation region may participate in a neighboring community reinvestment organization or create a community reinvestment organization that includes one or more counties not within an existing certified regional development corporation subject to the limit provided in subsection (2).

(5) Each county wishing to participate in the program shall make an affirmative decision to participate by joining a community reinvestment organization. Counties that do not join a community reinvestment organization are ineligible to participate in the program. A county may only participate in one community reinvestment organization.

(6) A participating county is encouraged to enact local ordinances that provide for an expedited development and construction review process with priority for attainable workforce housing.

(7) To be certified by the chief economic development officer provided for in 2-15-219 , a community reinvestment organization shall provide the information required by the chief economic development officer and 90-6-147 by January 15, 2025.
Mont. Code Ann. § 90-1-110 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-110
90-1-110 Exemption from environmental review
Status: in_force

90-1-110 . Exemption from environmental review. The department of commerce, the state-tribal economic development commission, and heritage preservation and cultural tourism commissions created as provided in 90-1-162 are 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 agritourism, heritage and cultural tourism, business investments in historic downtown and commercial areas, Montana-based films, regional development corporations, sites and programs associated with the Lewis and Clark expedition, small businesses, or tourism pursuant to this part.
Mont. Code Ann. § 90-1-114 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-114
90-1-114 Rulemaking authority
Status: in_force

90-1-114 . Rulemaking authority. (1) The office of economic development may adopt rules to implement the provisions of 2-15-218 , 2-15-219 , 90-1-112 , 90-1-113 , and this section. The rules must include but are not limited to:

(a) criteria for providing assistance to communities; and

(b) coordinating economic development efforts among other state agencies, Montana tribal governments, private enterprise, federal agencies, and local governments.

(2) The office may adopt rules necessary to administer the duties and responsibilities of the office.
Mont. Code Ann. § 90-6-503 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-503
90-6-503 Definitions
Status: in_force

90-6-503 . Definitions. As used in this part, unless the context requires otherwise, the following terms apply:

(1) "Mortgage" means a mortgage as defined in 90-6-103 .

(2) "Mortgagee" means the holder of a mortgage or its assignee.

(3) "Mortgagor" means a person:

(a) who is of lower income as determined by the board. In its determination of lower income, the board shall take into consideration the criteria in 90-6-103 (16).

(b) 68 years of age or older, except as provided on a case-by-case basis in accordance with program guidelines established by the board of housing;

(c) who is the owner and occupant of a single-family dwelling; and

(d) who has completed a reverse annuity mortgage counseling program approved by the board.

(4) "Reverse annuity mortgage loan" means a loan in which loan proceeds are advanced to the mortgagor to provide a monthly tax-free cash payment for 10 years.

(5) "Single-family dwelling" means a one- to four-family living unit.
Mont. Code Ann. § 90-7-103 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-103
90-7-103 Allowable costs
Status: in_force

90-7-103 . Allowable costs. Costs eligible for financing or refinancing under this chapter include:

(1) the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, and improvement of an eligible facility and the acquisition of all real and personal property interests necessary or useful in connection with the eligible facility and all other undertakings that the authority considers reasonable or necessary for the development of the eligible facility;

(2) the cost of demolishing or removing any building or structure on land so acquired, the cost of acquiring any land to which the building or structure may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if judged advisable by the authority, for a period after completion of construction, and the cost of financing the eligible facility, including interest on bonds and notes issued by the authority to finance the eligible facility;

(3) reserves for principal and interest and for extensions, enlargements, additions, and improvements, including without limitation the cost of studies and surveys;

(4) the costs for land title and mortgage guaranty policies;

(5) the costs of plans, specifications, and architectural and engineering services;

(6) the costs of legal, organization, marketing, or other special services;

(7) the costs of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings;

(8) the costs of rehabilitation, reconstruction, repair, or remodeling of existing buildings; and

(9) all other expenses necessary and incidental to the construction and acquisition of the eligible facility, the financing of construction, and the acquisition and placing of the eligible facility into operation.
Mont. Code Ann. § 90-7-213 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-213
90-7-213 Loan limitation
Status: in_force

90-7-213 . Loan limitation. A loan made by the authority may not exceed the total cost of the eligible facility being financed as the cost is determined by the participating institution and approved by the authority.
Mont. Code Ann. § 90-4-607 — MT Code / Title 90 / Chapter 4 / Part 6 / Section 90-4-607
90-4-607 Duties of division
Status: in_force

90-4-607 . Duties of division. In addition to the duties set forth in 90-4-605 , the division is authorized to:

(1) analyze state utility data to identify high-potential energy conservation projects;

(2) perform comprehensive energy analyses on state-owned buildings, structures, and facilities, contracting with private engineers when necessary;

(3) procure, design, and construct cost-effective energy improvements;

(4) transfer funds and authority to other agencies to procure, design, and construct cost-effective energy improvements; and

(5) train facility maintenance staff in energy saving techniques and maintenance of energy improvements and monitor energy conservation projects to ensure that cost savings are realized.
Mont. Code Ann. § 90-14-101 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-101
90-14-101 Short title
Status: in_force

90-14-101 . Short title. This part may be cited as the "Montana Community Service Act".
Mont. Code Ann. § 90-7-230 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-230
90-7-230 Taxation of projects
Status: in_force

90-7-230 . Taxation of projects. (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, 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. § 90-9-503 — MT Code / Title 90 / Chapter 9 / Part 5 / Section 90-9-503
90-9-503 Payments to be made directly to educational loan servicer
Status: in_force

90-9-503 . (Temporary) Payments to be made directly to educational loan servicer. (1) In administering the Montana farmer loan repayment assistance program, the council shall ensure the payments on behalf of a qualified farmer are paid directly to the educational loan servicer.

(2) A qualified farmer may choose whether the council makes one annual payment or 12 monthly payments to the educational loan servicer for each year of a qualified farmer's eligibility for loan repayment assistance. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-1-104 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-104
90-1-104 Functions of department of commerce -- recreational development
Status: in_force

90-1-104 . Functions of department of commerce -- recreational development. The department of commerce shall:

(1) exercise state responsibility for that part of recreational planning and development that is directly related to private investment in recreational facilities;

(2) assemble and correlate information that may influence the development of recreational enterprises and disseminate it to persons, firms, or corporations interested in constructing or maintaining recreational facilities open to the public; and

(3) coordinate the promotion of Indian tourism activities in the state in cooperation with the seven tribal governments and the state director of Indian affairs.
Mont. Code Ann. § 90-4-1010 — MT Code / Title 90 / Chapter 4 / Part 10 / Section 90-4-1010
90-4-1010 Transportation energy policy
Status: in_force

90-4-1010 . Transportation energy policy. It is the transportation energy policy of the state of Montana to promote actions that encourage the conservation of energy through the environmentally responsible management and planning of efficient transportation systems. This policy further recognizes that energy conservation must be balanced with the state's interest in establishing, preserving, and maintaining a safe, efficient transportation system that equitably meets the mobility needs of Montana's citizens and connects them to the nation's economy.
Mont. Code Ann. § 90-1-502 — MT Code / Title 90 / Chapter 1 / Part 5 / Section 90-1-502
90-1-502 Administration of revolving loan account -- rulemaking authority
Status: in_force

90-1-502 . Administration of revolving loan account -- rulemaking authority. (1) The department of commerce may adopt rules to implement this part establishing:

(a) eligibility criteria, including demonstrated need, criteria for defining capital investments, feasibility to create and retain jobs, financial capacity to repay the loans, estimated return on investment, and other matters that the department considers necessary to ensure repayment of loans and to encourage maximum use of the account;

(b) terms and conditions for the loans, including repayment schedules and interest; and

(c) a loan application fee.

(2) Loans must be made at a low interest rate. The department may set the interest rate at an amount that will cover its administrative costs, but the rate may not be less than 1% a year. The department may determine terms and conditions of loans, including recovery of funds in the event of default.
Mont. Code Ann. § 90-2-1101 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1101
90-2-1101 Short title
Status: in_force

90-2-1101 . Short title. This part may be cited as the "Reclamation and Development Grants Program Act".
Mont. Code Ann. § 90-6-206 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-206
90-6-206 Basis for awarding grants
Status: in_force

90-6-206 . Basis for awarding grants. (1) Grants must be awarded on the basis of:

(a) need;

(b) degree of severity of impact from an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex;

(c) availability of funds; and

(d) degree of local effort in meeting these needs.

(2) In determining the degree of local effort, the board shall review the millage rates levied for the present fiscal year in relation to the average millage rates levied during the 3 years immediately preceding the year of application for assistance.

(3) Millage rates for the present fiscal year that are lower than the average millage rate levied during the 3 years immediately preceding the year of application for assistance must be considered by the board to indicate the lack of local effort. The application under these circumstances may be rejected.

(4) Further, in determining the degree of local effort, the board shall consider the possibility of requiring that local governmental unit to increase its bonded indebtedness to provide all or part of the governmental service or facility that is needed as a direct consequence of an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex.

(5) To the extent that funds are needed to evaluate and plan for the impact needs caused by the increase or decrease in coal development or in the consumption of coal by a coal-using energy complex, consideration of bond issues and millage levies may be waived.

(6) To the extent that the applicant has no history of mill levies, subsections (2) and (3) do not apply.
Mont. Code Ann. § 90-6-202 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-202
90-6-202 Account established
Status: in_force

90-6-202 . Account established. There is within the state special revenue fund a coal area highway improvement account.
Mont. Code Ann. § 90-6-309 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-309
90-6-309 Tax prepayment -- large-scale mineral development
Status: in_force

90-6-309 . Tax prepayment -- large-scale mineral development. (1) After permission to commence operation is granted by the appropriate governmental agency and upon request of the governing body of a county in which a facility is to be located, a person intending to construct or locate a large-scale mineral development in this state shall prepay property taxes as specified in the impact plan. This prepayment must exclude the 6-mill university levy established under 15-10-109 and may exclude the mandatory county levies for the school BASE funding program established in 20-9-331 and 20-9-333 .

(2) The person who is to prepay under this section is not obligated to prepay the entire amount established in subsection (1) at one time. Upon request of the governing body of an affected local government unit, the person shall prepay the amount shown to be needed from time to time as determined by the board.

(3) The person who is to prepay shall guarantee to the hard-rock mining impact board, through an appropriate financial institution, as may be required by the board, that property tax prepayments will be paid as needed for expenditures created by the impacts of the large-scale mineral development.

(4) When the mineral development facilities are completed and assessed by the department of revenue, they are subject during the first 3 years and thereafter to taxation as all other property similarly situated, except that in each year after the start of production, the local government unit that received a property tax prepayment shall provide for repayment of prepaid property taxes in accordance with subsection (5).

(5) A local government unit that received all or a portion of the property tax prepayment under this section shall provide for tax crediting as specified in the impact plan. The tax credit allowed in any year may not, however, exceed the tax obligation of the developer for that year, and the time period for tax crediting is limited to the productive life of the mining operation.
Mont. Code Ann. § 90-6-123 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-123
90-6-123 Credit of state not pledged
Status: in_force

90-6-123 . Credit of state not pledged. Obligations issued under the provisions of this part do not constitute a debt or liability or obligation or a pledge of the faith and credit of the state but are payable solely from the revenues or assets of the board. An obligation issued under this part shall contain on the face thereof a statement to the effect that the state of Montana is not liable on the obligation and the obligation is not a debt of the state and neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on the obligation.
Mont. Code Ann. § 90-1-204 — MT Code / Title 90 / Chapter 1 / Part 2 / Section 90-1-204
90-1-204 Priorities for funding -- rulemaking
Status: in_force

90-1-204 . Priorities for funding -- rulemaking. (1) Under the big sky economic development program provided for in 90-1-201 , the department must receive proposals for grants and loans from eligible businesses and may accept proposals from economic development organizations and preferred lenders on behalf of businesses. Eligible businesses may work with an economic development organization on a proposal. The department shall work with eligible businesses and the economic development organization in preparing cost estimates for a proposed project. In reviewing proposals, the department may consult with other state agencies with expertise pertinent to the proposal.

(2) (a) The department shall adopt rules necessary to implement the big sky economic development program in collaboration with economic development organizations actively serving communities. The department shall consider low-interest loans, forgivable loans, and grants when adopting rules.

(b) The rules must provide for the types of uses of funds available under the big sky economic development program. The types of uses of these funds include but are not limited to:

(i) a reduction in the interest rate of a commercial loan for the expansion of a basic sector company;

(ii) a grant or low-interest loan for relocation expenses for a basic sector company;

(iii) rental assistance or lease buy-downs for a relocation or expansion project for a basic sector company;

(iv) short-term working capital loans;

(v) workforce activities or job creation; and

(vi) planning projects that would provide significant economic benefit to require matching funds to be considered.

(c) The rules must require matching funds for a grant or loan.

(d) The rules may provide for greater incentives for a rural county.
Mont. Code Ann. § 90-6-709 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-709
90-6-709 Agreements with tribal governments
Status: in_force

90-6-709 . Agreements with tribal governments. (1) Agreements with tribal governments in Montana entered into under this part must contain, in addition to other appropriate terms and conditions, the following conditions:

(a) a requirement that in the event that a dispute or claim arises under the agreement, state law will govern as to the interpretation and performance of the agreement and that any judicial proceeding concerning the terms of the agreement will be brought in the district court of the first judicial district of the state of Montana;

(b) an express waiver of the tribal government's immunity from suit on any issue specifically arising from the transaction of a loan or grant; and

(c) an express waiver of any right to exhaust tribal remedies signed by the tribal government.

(2) Agreements with tribal governments must be approved by the secretary of the United States department of the interior whenever approval is necessary.
Mont. Code Ann. § 90-7-101 — MT Code / Title 90 / Chapter 7 / Part 1 / Section 90-7-101
90-7-101 Short title
Status: in_force

90-7-101 . Short title. This chapter may be cited as the "Montana Facility Finance Authority Act".
Mont. Code Ann. § 90-4-1005 — MT Code / Title 90 / Chapter 4 / Part 10 / Section 90-4-1005
90-4-1005 Energy development and demonstration grant program
Status: in_force

90-4-1005 . Energy development and demonstration grant program. (1) There is an energy development and demonstration grant program within the department of environmental quality to fund technology development and demonstration:

(a) advancing the development and utilization of energy storage systems, including but not limited to mediums, such as accumulators, fuel cells, batteries, and green hydrogen storage systems as defined in 15-6-163 , that store energy that may be drawn upon at a later date for use;

(b) developing storage systems specifically designed to store energy generated from eligible renewable resources, including but not limited to compressed air energy and green hydrogen storage systems;

(c) promoting the efficiency, environmental performance, and cost-competitiveness of energy storage systems beyond the current level of technology; and

(d) advancing the development of alternative energy systems as defined in 15-32-102 and green hydrogen facilities as defined in 15-6-163 .

(2) Entities that may be eligible for grants include but are not limited to units of the Montana university system, agricultural research centers, or private entities or research centers.

(3) Money appropriated to the department of environmental quality for the purpose of the energy development and demonstration grant program may be used by the department for providing individual grants in amounts up to $500,000 and for administrative costs of 1% of the grant award.

(4) The grant application may include:

(a) a project plan sufficient to allow a reasonable determination regarding the potential feasibility of advancing energy storage or alternative energy systems;

(b) a business plan to allow a reasonable determination regarding the financial feasibility of the project; and

(c) a reporting process to ensure progress toward project goals.

(5) For the purposes of this section "eligible renewable resource" means a facility either located in the state or delivering electricity from another state into the state that commences commercial operation after January 1, 2005, or a hydroelectric project expansion referred to in subsection (5)(d)(iii), any of which produces electricity from one or more of the following sources:

(a) wind;

(b) solar;

(c) geothermal;

(d) water power, in the case of a hydroelectric project that:

(i) does not require a new appropriation, diversion, or impoundment of water and that has a nameplate rating of 10 megawatts or less;

(ii) is installed at an existing reservoir or on an existing irrigation system that does not have hydroelectric generation as of April 16, 2009, and has a nameplate capacity of 15 megawatts or less; or

(iii) is an expansion of an existing hydroelectric project that commences construction and increases existing generation capacity on or after October 1, 2013;

(e) landfill or farm-based methane gas;

(f) gas produced during the treatment of wastewater;

(g) low-emission, nontoxic biomass based on dedicated energy crops, animal wastes, or solid organic fuels from wood, forest, or field residues, including wood pieces that have been treated with chemical preservatives, such as creosote, pentachlorophenol, or copper-chrome arsenic, and that are used at a facility that has a nameplate capacity of 5 megawatts or less;

(h) hydrogen derived from any of the sources in this subsection for use in fuel cells; and

(i) the renewable energy fraction from:

(i) the sources identified in this subsection (5) of electricity production from a multiple-fuel process with fossil fuels;

(ii) flywheel storage as defined in 15-6-157 (4)(d);

(iii) hydroelectric pumped storage as defined in 15-6-157 (4)(e);

(iv) batteries; and

(v) compressed air derived from any of the sources in this subsection (5) that is forced into an underground storage reservoir and later released, heated, and passed through a turbine generator.
Mont. Code Ann. § 90-1-175 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-175
90-1-175 Rulemaking
Status: in_force

90-1-175 . Rulemaking. The department of commerce may adopt rules to implement the broadband mapping program funded in Chapter 489, Laws of 2009.
Mont. Code Ann. § 90-6-110 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-110
90-6-110 Supervision of housing sponsors
Status: in_force

90-6-110 . Supervision of housing sponsors. (1) The board may supervise housing sponsors of housing developments financed under this part as follows:

(a) prescribe uniform systems of accounts and records for housing sponsors and require them to make reports and give answers to specific questions on forms and at times specified by the board;

(b) enter upon and inspect the housing development and examine all books and records of the housing sponsor with respect to capitalization, income, and other matters as specified by the board;

(c) supervise the operation and maintenance of any housing development and order repairs necessary to protect the public and the board's interest or the health, welfare, or safety of the occupants;

(d) determine standards for and control resident selection by a housing sponsor;

(e) require any housing sponsor to pay to the board fees as it prescribes in connection with the examination, inspection, supervision, auditing, or other regulation of the housing sponsor;

(f) order any housing sponsor to do or to refrain from doing things necessary to comply with the provisions of law, the rules of the board, and the terms of any contract or agreement to which the housing sponsor is a party;

(g) regulate the retirement of any capital investment or the redemption of stock where any such retirement or redemption when added to any dividend or other distribution shall exceed in any one fiscal year 10% or a lesser amount of the original face amount of any investment or equity of any housing sponsor, as determined by the board; and

(h) adopt rules specifying the categories of cost which shall be allowable in the construction or rehabilitation of a housing development.

(2) The board shall require any housing sponsor to certify the actual housing development costs prior to periodic payments or upon completion of the housing development, subject to audit and determination by the board. The board may accept, in lieu of any certification of housing development costs, other assurances of the housing development costs, in any form or manner whatsoever, as will enable the board to determine with reasonable accuracy the amount of housing development costs.
Mont. Code Ann. § 90-6-603 — MT Code / Title 90 / Chapter 6 / Part 6 / Section 90-6-603
90-6-603 Veterans' home loan mortgage program created -- use of Montana housing trust
Status: in_force

90-6-603 . Veterans' home loan mortgage program created -- use of Montana housing trust. (1) There is a Montana veterans' home loan mortgage program under the direction and management of the board for eligible veterans who are first-time home buyers.

(2) The board of housing shall administer $50 million or more of the Montana housing trust provided for in 90-6-150 for the purpose of the program. Until the board uses money in the trust fund to purchase a mortgage loan from a participating financial institution pursuant to this part, the money under the administration of the board must remain invested by the board of investments. As a loan made pursuant to this part is repaid, the principal payments on the loan must be deposited in the Montana housing trust until all of the principal of the loan is repaid. Interest received on the loan may be used by a participating financial institution and the board, in amounts determined by the board in accordance with 90-6-605 , to pay for the origination and servicing of a loan by a participating financial institution and to pay the reasonable costs of the board for the administration of the program. After payment of associated expenses, interest received on the loan must be deposited in the Montana housing trust.

(3) Interest on a home mortgage loan made pursuant to this part must be charged at 1% less than the federal national mortgage association's delivery rate or 1% lower than the lowest interest rate charged by the board for the purposes of other home loan mortgage programs administered by the board, whichever is less. If the federal national mortgage association's rate becomes unavailable, the board shall use another similar rate for the purposes of this subsection. The board may not make a direct loan to an eligible veteran.
Mont. Code Ann. § 90-6-105 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-105
90-6-105 Meetings and acts of the board
Status: in_force

90-6-105 . Meetings and acts of the board. (1) All meetings of the board are open to the public.

(2) All official acts of the board shall be in a regular or special meeting and by a majority of the board.

(3) All rules adopted by the board shall be in accordance with the Montana Administrative Procedure Act.
Mont. Code Ann. § 90-6-209 — MT Code / Title 90 / Chapter 6 / Part 2 / Section 90-6-209
90-6-209 Limitations on grants
Status: in_force

90-6-209 . Limitations on grants. (1) The board may commit itself to the expenditure of funds for more than 1 year for a single project, but the board may not obligate funds not yet appropriated by the legislature. The total amount of grants to state agencies, except grants made pursuant to 90-6-205 (4)(b), and Indian tribes may not exceed 7% of the total money allocated to the board during each fiscal year.

(2) A grant to an Indian tribe under 90-6-205 may not be approved by the board unless:

(a) the governing body of the tribe has agreed:

(i) to waive its immunity from suit on any issue specifically arising from the transaction of a grant obtained under this part; and

(ii) to the adjudication of any dispute arising out of the grant transaction in the district court of the first judicial district of the state of Montana; and

(b) approval of the transaction has been obtained from the secretary of the United States department of the interior whenever approval is necessary.

(3) (a) The board may not award a new grant to a local government that is in violation of 2-1-602 pursuant to the provisions of 2-1-605 .

(b) For the purposes of this subsection (3), "local government" has the meaning provided in 2-1-601 .
Mont. Code Ann. § 90-6-402 — MT Code / Title 90 / Chapter 6 / Part 4 / Section 90-6-402
90-6-402 Definitions
Status: in_force

90-6-402 . Definitions. As used in this part, the following definitions apply:

(1) "Affected local government unit" means a local government unit that will experience a need to increase services or facilities as a result of the commencement of large-scale mineral development or within which a large-scale mineral development is located in accordance with an impact plan adopted pursuant to 90-6-307 .

(2) "Board" means the hard-rock mining impact board established in 2-15-1822 .

(3) "Jurisdictional revenue disparity" means property tax revenues resulting from a large-scale hard-rock mineral development that are inequitably distributed among affected local government units as finally determined by the board in an approved impact plan.

(4) "Large-scale mineral development", for the purposes of this part, is defined in 90-6-302 .

(5) "Local government unit", for the purposes of this part, means a county, municipality, or school district.

(6) "Mineral development employee" means a person who resides within the jurisdiction of an affected local government unit as a result of employment with a large-scale mineral development or its contractors or subcontractors.

(7) "Mineral development student" means a student whose parent or guardian resides within the jurisdiction of an affected local government unit as a result of employment with a large-scale mineral development or its contractors or subcontractors.

(8) "Taxable valuation" of a mineral development means the total of the gross proceeds taxable percentage specified in 15-6-132 (2) when added to the taxable percentages of real property, improvements, machinery, equipment, and other property classified under Title 15, chapter 6, part 1.
Mont. Code Ann. § 90-14-110 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-110
90-14-110 Contracts and cooperative agreements authorized under part
Status: in_force

90-14-110 . Contracts and cooperative agreements authorized under part. A contract or cooperative agreement may be authorized under this part for the purposes of an exemption from the Montana Procurement Act pursuant to 18-4-132 (3)(k) only if:

(1) the contract implements a community service project consistent with the provisions of 90-14-105 ; and

(2) the contract does not involve an activity prohibited under 90-14-106 .
Mont. Code Ann. § 90-6-501 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-501
90-6-501 Short title
Status: in_force

90-6-501 . Short title. This part may be cited as the "Reverse Annuity Mortgage Loan Act".
Mont. Code Ann. § 90-6-302 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-302
90-6-302 Definitions
Status: in_force

90-6-302 . Definitions. In this part, the following definitions apply:

(1) "Board" means the hard-rock mining impact board established in 2-15-1822 .

(2) "Bonds" include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness or evidencing or representing the borrowing of money or evidencing or representing a charge, lien, or encumbrance on specific revenue, special assessments, income, or property of a political subdivision, including all instruments or obligations payable from a special fund.

(3) "Facility" means a facility that is owned, operated, or maintained by a local government unit and that, under the impact plan submitted under the provisions of 90-6-307 , can be expected to have increased capital and operating costs as a result of the large-scale mineral development.

(4) "Large-scale mineral development" means the construction or operation of a hard-rock mine and the associated milling facility for which a permit is applied for under 82-4-335 , and for which the average number of persons on the payroll of the mineral developer and of contractors at the mineral development exceeds or is projected to exceed 75 for any consecutive 6-month period. A mining operation that would qualify as a large-scale mineral development under this subsection is not a large-scale mineral development if the mine owner and operator are small miners as defined in 82-4-303 .

(5) "Local government unit" means a county, city, town, school district, or any of the following independent special districts:

(a) rural fire district;

(b) public hospital district;

(c) solid waste management district;

(d) county water and sewer district;

(e) county water district;

(f) county sewer district; or

(g) park district.

(6) (a) "Property tax prepayment" means a potentially reimbursable impact payment made by the developer of a large-scale mineral development to the impact fund of an affected unit of local government pursuant to an approved impact plan to be expended for the purpose or purposes identified in the plan.

(b) The term does not mean a payment or prepayment of property taxes for general distribution among funds or accounts.
Mont. Code Ann. § 90-1-609 — MT Code / Title 90 / Chapter 1 / Part 6 / Section 90-1-609
90-1-609 Montana broadband infrastructure accounts
Status: in_force

90-1-609 . (Temporary) Montana broadband infrastructure accounts. (1) (a) There is a federal special Montana broadband infrastructure account.

(b) All money in the account is allocated to the department of administration to be used solely for the purposes of this part. Interest earned on funds in the account must be deposited in the account.

(c) The governor may accept and shall deposit into the account federal broadband stimulus funds or other federal funds or other federal funds appropriated by congress and allocated to the department of administration for funding of broadband communications projects.

(d) Notwithstanding any other provision of law, funds allocated under this section may not be transferred or expended for any purpose other than to provide funding for projects authorized pursuant to this part.

(2) (a) There is a state special Montana broadband infrastructure account.

(b) All money in the account is allocated to the department of administration to be used solely for the purposes of this part. Interest earned on funds in the account must be deposited in the account.

(c) The governor may accept and shall deposit to the account any penalties allocated to the department of administration for funding of broadband communications projects.

(d) Notwithstanding any other provision of law, funds allocated under this section may not be transferred or expended for any purpose other than to provide funding for projects authorized pursuant to this part. (Terminates on occurrence of contingency--sec. 9, Ch. 696, L. 2023.)
Mont. Code Ann. § 90-4-1205 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1205
90-4-1205 Authority to issue revenue bonds
Status: reserved

90-4-1205 . Authority to issue revenue bonds. (1) Except as provided in 90-4-1221 , a governmental body may:

(a) issue revenue bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, or extension of any project;

(b) pledge to the punctual payment of its revenue bonds issued under this section and interest on the bonds all or a portion of the gross or net revenue of the project; and

(c) create and maintain reasonable reserves.

(2) The revenue bonds provided for in subsection (1) may be authorized by a resolution adopted by the governing authority of the governmental body. The resolution must establish the terms, covenants, and conditions of the revenue bonds. It is not necessary to submit the question of issuing the revenue bonds to the electors of the governmental body. The revenue bonds do not constitute indebtedness for the purpose of statutory debt limitations.

(3) The revenue of the project must include the charges for energy used or reserved for use by the governmental body, which may be made payable from its general fund or other available revenue, and the revenue generated from the sale of energy or capacity to third parties.
Mont. Code Ann. § 90-6-142 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-142
90-6-142 Purpose
Status: in_force

90-6-142 . Purpose. The legislature finds and declares the purpose of the Montana Community Reinvestment Plan Act is to begin to address housing needs and offer a regional, community-based solution to creating affordable, attainable workforce housing infrastructure in the state.
Mont. Code Ann. § 90-15-303 — MT Code / Title 90 / Chapter 15 / Part 3 / Section 90-15-303
90-15-303 Interagency cooperation
Status: in_force

90-15-303 . Interagency cooperation. (1) State agencies shall cooperate with the library in the planning of the natural resource information system.

(2) Within the limits of available resources, state agencies shall provide data requested by the library for purposes of the natural resource information system and the Montana natural heritage program. If an agency does not possess requested data or is unable to locate requested data, the agency shall inform the library. It is not necessary for an agency to conduct fieldwork or literature searches to obtain requested data.
Mont. Code Ann. § 90-1-161 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-161
90-1-161 Definitions
Status: in_force

90-1-161 . Definitions. As used in 90-1-160 through 90-1-164 and 90-1-167 through 90-1-169 , the following definitions apply:

(1) "Heritage and cultural tourism resources" means sites, districts, routes of travel, objects, artifacts, or collections with demonstrable cultural, artistic, architectural, folkway, historic, prehistoric, or traditional qualities.

(2) "Montana historical society" means the entity established pursuant to 22-3-101 .
Mont. Code Ann. § 90-6-134 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-134
90-6-134 Housing Montana fund -- loan capital restricted to interest on principal -- eligible applicants
Status: in_force

90-6-134 . Housing Montana fund -- loan capital restricted to interest on principal -- eligible applicants. (1) The money in the housing Montana fund must be used to provide financial assistance in the form of direct loans by the board to eligible applicants.

(2) After the initial principal is loaned to eligible applicants, the amount of loans made in a fiscal year is contingent on the repayment of loan principal and on the amount of interest income generated by the principal of the fund.

(3) Money from the fund must be used to provide:

(a) matching funds for public or private money available from other sources for the development of low-income and moderate-income housing;

(b) bridge financing necessary to make a low-income housing development or a moderate-income housing development financially feasible;

(c) acquisition of existing housing for the purpose of preservation of or conversion to low-income or moderate-income housing;

(d) preconstruction technical assistance to eligible recipients in rural areas and small cities and towns; or

(e) acquisition of land for housing developments, land banking and land trusts, and short-term site-based housing vouchers for needy individuals.

(4) (a) Technical assistance under subsection (3)(d) may include but is not limited to:

(i) financial planning and packaging for housing developments and projects;

(ii) project design, architectural planning, and siting;

(iii) compliance with planning and permitting requirements; or

(iv) maximizing local government contributions to project development in the form of land donations, infrastructure improvements, zoning variances, or creative local planning.

(b) The board may contract with a nonprofit organization to provide this technical assistance.

(5) Money from the fund may not be used to replace existing or available sources of funding for eligible activities.

(6) Organizations eligible for loans from the fund are state government or state agencies or programs, local governments, tribal governments, local housing authorities, nonprofit community- or neighborhood-based organizations, regional or statewide nonprofit housing assistance organizations, or for-profit housing developers.
Mont. Code Ann. § 90-9-301 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-301
90-9-301 Agriculture seed capital account -- matching funds
Status: in_force

90-9-301 . Agriculture seed capital account -- matching funds. (1) There is an agriculture seed capital account administered by the council. Money received by the council under 90-9-306 must be deposited in this account.

(2) The council may loan or grant money from the agriculture seed capital account, pursuant to the provisions of 90-9-308 through 90-9-311 .
Mont. Code Ann. § 90-9-101 — MT Code / Title 90 / Chapter 9 / Part 1 / Section 90-9-101
90-9-101 Short title
Status: in_force

90-9-101 . Short title. This chapter may be cited as the "Montana Growth Through Agriculture Act".
Mont. Code Ann. § 90-7-212 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-212
90-7-212 Purchase of bonds by authority
Status: in_force

90-7-212 . Purchase of bonds by authority. The authority may purchase its bonds or notes. The authority may hold, pledge, cancel, or resell such bonds or notes, subject to and in accordance with agreements with bondholders or noteholders.
Mont. Code Ann. § 90-6-150 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-150
90-6-150 Montana housing trust
Status: in_force

90-6-150 . Montana housing trust. (1) There is a Montana housing trust in the Montana growth and opportunity trust.

(2) The Montana housing trust is comprised of three programs:

(a) the housing Montana fund administered by the board of housing;

(b) the Montana veterans' home loan mortgage program administered by the board of housing; and

(c) the program providing loans for the development and preservation of homes and apartments to assist eligible low-income and moderate-income applicants administered by the board of housing.

(3) The board of housing shall administer $50 million or more of the Montana housing trust for the purposes of the Montana veterans' home loan mortgage program provided for in Title 90, chapter 6, part 6.

(4) The board of housing shall administer $65 million or more of the Montana housing trust for the purpose of providing loans for the development and preservation of homes and apartments to assist low-income and moderate-income persons with meeting their basic housing needs pursuant to 90-6-137 .
Mont. Code Ann. § 90-1-112 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-112
90-1-112 Policy -- purpose
Status: in_force

90-1-112 . Policy -- purpose. (1) It is the policy of this state to:

(a) strengthen the foundations of the state's business environment and diversify and expand existing economic endeavors to achieve long-term economic stability;

(b) cooperate with business enterprises, local governments, other public organizations, and the federal government and use all practical means and measures, including financial and technical assistance, to:

(i) establish an economic climate in which the state's natural resources and agricultural operations remain constant contributors to the state's economic welfare;

(ii) articulate a coherent economic development vision for the future, taking into account both rural and urban demands and the availability of entrepreneurs who, due to lack of economic development resources, might benefit from this policy; and

(iii) take a proactive role to ensure that Montana has the flexibility and resources to be an effective competitor in the changing global marketplace.

(2) The purpose of 2-15-218 , 2-15-219 , and 90-1-112 through 90-1-114 is to provide a vision and a direction through the development of strategies and initiatives to ensure that the state's role in expanding the economy takes place in an orderly and effective manner.
Mont. Code Ann. § 90-9-201 — MT Code / Title 90 / Chapter 9 / Part 2 / Section 90-9-201
90-9-201 Council organization -- meetings
Status: in_force

90-9-201 . Council organization -- meetings. (1) The members of the council shall select a member as presiding officer. The council may establish other offices and select council members to fill these offices.

(2) The council shall meet quarterly and at other times as determined by the presiding officer or a majority of the council.

(3) Each committee member, except the director of the department and the director of the department of commerce, is entitled to:

(a) compensation as provided in 2-15-122 for each day that the member is engaged in the transaction of official business, including travel to and from official business; and

(b) necessary travel expenses as provided in 2-18-501 through 2-18-503 .
Mont. Code Ann. § 90-1-164 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-164
90-1-164 Heritage and cultural tourism promotion and development plan
Status: in_force

90-1-164 . Heritage and cultural tourism promotion and development plan. (1) A heritage preservation and cultural tourism commission may prepare a heritage and cultural tourism promotion and development plan and shall operate according to the provisions of that plan.

(2) A heritage and cultural tourism promotion and development plan must be created in consultation with the tourism advisory council, the Montana historical society, the Montana arts council, and interested stakeholders, including businesses and institutions that have a demonstrable interest in cultural tourism, historic preservation, economic development, the arts, and cultural affairs.

(3) A heritage and cultural tourism promotion and development plan:

(a) may include but is not limited to:

(i) inventories of public displays and interpretations of heritage and cultural tourism resources;

(ii) mapping of and guidance to heritage and cultural tourism resources; and

(iii) advertising and promoting heritage and cultural tourism resources, economic development, heritage protection, and heritage incentives; and

(b) may recommend ordinances or resolutions to counties, consolidated governments, and municipalities to assist and protect the qualities of heritage and cultural tourism resources as long as those ordinances are based on uniform standards and procedures.
Mont. Code Ann. § 90-1-202 — MT Code / Title 90 / Chapter 1 / Part 2 / Section 90-1-202
90-1-202 Purpose
Status: in_force

90-1-202 . Purpose. (1) The legislature finds and declares that economic development is a public purpose. The purpose of the big sky economic development program is to assist in economic development for Montana that will:

(a) create good-paying jobs for Montana residents;

(b) promote long-term, stable economic growth in Montana;

(c) retain or expand existing businesses;

(d) provide a better life for future generations through greater economic growth and prosperity in Montana; and

(e) encourage workforce development.

(2) As provided in 30-20-206 , manufacturing ammunition components is a qualified economic development purpose.
Mont. Code Ann. § 90-6-145 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-145
90-6-145 Montana community reinvestment plan account
Status: in_force

90-6-145 . Montana community reinvestment plan account. (1) There is an account in the state special revenue fund established by 17-2-102 known as the Montana community reinvestment plan account. The purpose of the account is to fund the establishment of affordable, attainable workforce housing infrastructure in the state.

(2) Money in the account must be distributed by the governor's office of economic development to community reinvestment organizations based on the percentage of the combined county gross domestic product within the regional boundaries of the organization to that of the state gross domestic product.
Mont. Code Ann. § 90-7-318 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-318
90-7-318 Administration of capital reserve account
Status: in_force

90-7-318 . Administration of capital reserve account. (1) The authority may pledge funds from the capital reserve account or a subaccount created in the capital reserve account as security for the payment of bonds and notes issued by the authority, as it may determine in the resolutions or indentures providing for their issuance.

(2) All funds held in the capital reserve account must be used solely for the payment of the principal and interest on bonds secured in whole or in part by the account or 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.

(3) Funds in the capital reserve account may not, at any time, be withdrawn in an amount that reduces the account to an amount 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 payments, when due, of principal, interest, redemption premiums, and debt service fund payments for the payment of which other funds pledged are not available.

(4) Income or interest earned by or incremental to the capital reserve account due to its investment may be transferred to other accounts of the authority 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.
Mont. Code Ann. § 90-5-305 — MT Code / Title 90 / Chapter 5 / Part 3 / Section 90-5-305
90-5-305 Department to offer employee ownership development assistance and counseling
Status: in_force

90-5-305 . Department to offer employee ownership development assistance and counseling. Upon request by an employee group or organization, the department of commerce shall provide technical assistance and counseling on the establishment and management of employee-owned enterprises.
Mont. Code Ann. § 90-14-105 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-105
90-14-105 Duties and powers of state agencies
Status: in_force

90-14-105 . Duties and powers of state agencies. (1) The following state agencies are responsible for developing and implementing community service opportunities consistent with the mission and functions of each agency:

(a) The office of public instruction implements volunteer projects in elementary and secondary public, private, and home schools in Montana, including activities sponsored by schools or community-based agencies, to involve school-age youth, including dropouts and out-of-school youth, in service to the community, as well as for programs that involve adult volunteers in the schools. A school district is expected to be the first agency that informs students about the many opportunities to participate in broader community service under this part through federal service learning grants and any other revenue received for purposes consistent with this part.

(b) The Montana university system assists institutions of higher education in Montana, explores new ways to integrate service into the curriculum, supports model community service programs on campus, develops teacher and volunteer training programs, and involves students in community service. The community service may complement a student's course of study through the federal higher education innovative projects grants and any other revenue received for purposes consistent with this part.

(c) The departments of environmental quality, natural resources and conservation, transportation, and fish, wildlife, and parks are the agencies for community and volunteer projects in conservation and natural resource settings that are designed to support and enhance state parks, wildlife, watchable wildlife, productivity of state lands, streams and lakes, county and city parks, tribal parks, scenic beauty and access, trails and signs, visitor information centers and rest areas, fairgrounds, and any other projects related to conservation or the environment that involve teenagers, young adults, or special community service members, such as adults or senior citizens who provide special skills for a project. Other projects may include bicycle paths and pedestrian trails, landscaping and scenic enhancements, historical and cultural preservation, roadside and stream restoration and enhancement, erosion control, disability enhancement, and experimental and research projects.

(d) The department of military affairs may support community and volunteer projects that are designed to involve the national guard in leadership or support roles for service through the provision of organizational and leadership skills, equipment, volunteer crewleaders, and other support, as well as the command and coordination of activities that may be mobilized for emergency projects, such as fire suppression or search and rescue.

(e) The governor may designate other agencies, after consultation with the director and the commission, for community service projects that focus on improving the quality of life for all Montanans, particularly low-income persons, senior citizens, homebound persons, disabled persons, or institutionalized persons, through preparing and delivering meals, assisting with shopping or other tasks, repairing and painting or otherwise modifying homes of qualifying persons, providing transportation to and from health care and other appointments, providing respite care, cataloging library books, assisting rural health care providers, providing recreational aides, arranging for tutoring and literacy training, restoring historical photographs, and offering other human service support and community services.

(2) Each agency designated by the governor shall ensure that service opportunities that result in a public value are developed for everyone, regardless of race, creed, national origin, or geographical location, by providing leadership through its own network and by forming partnerships with other public or private, nonprofit entities.

(3) Each agency involved in community service shall coordinate and integrate its plans with and through the office of community service.

(4) Projects developed or approved under this part and funded by an agency must be limited to service projects that provide community service, conservation service, educational service, or other public service and that provide documented public value or benefit.

(5) The state agencies engaged in community service may:

(a) designate an agency volunteer coordinator to implement its responsibilities under this part;

(b) develop and approve work experience and volunteer projects that meet the requirements of this part;

(c) execute contracts or cooperative agreements that contain the terms and conditions necessary and desirable for the employment of volunteer crewleaders and other volunteers in approved work experience projects with federal, state, or local agencies, persons, firms, partnerships, associations, or corporations;

(d) execute contracts or cooperative agreements with federal, state, or local agencies, persons, firms, partnerships, associations, or corporations for the purpose of administering the requirements of this part;

(e) under the supervision of the office of community service, apply for and accept grants or contributions of services, funds, or lands from any public or private donors, including appropriations;

(f) develop procedures for participants to achieve incentive vouchers, education, credit toward education, skill training, scholarships, housing benefits, or other benefits upon completion of their term of service;

(g) purchase, rent, acquire, or obtain personal property, supplies, instruments, tools, or equipment necessary to complete work experience or volunteer projects;

(h) authorize use of volunteers for emergency projects, including but not limited to natural disasters, fire prevention and suppression, and rescue of lost or injured persons, and provide adequate training to volunteers prior to participation in an emergency project; and

(i) adopt rules and guidelines necessary to implement the provisions of this part and to effectively administer the program.
Mont. Code Ann. § 90-6-132 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-132
90-6-132 Definitions
Status: in_force

90-6-132 . Definitions. As used in 90-6-131 through 90-6-137 , the following definitions apply:

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

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

(3) "Fund" means the housing Montana fund created in 90-6-133 .

(4) "Housing development" has the meaning provided in 90-6-103 .

(5) "Low-income" means households whose incomes do not exceed 80% of the median income in the area, as determined by the United States department of housing and urban development, with adjustments for smaller or larger families.

(6) "Moderate-income" means households whose incomes are between 81% and 95% of the median income for the area, as determined by the United States department of housing and urban development, with adjustments for smaller and larger families.
Mont. Code Ann. § 90-6-137 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-137
90-6-137 Alternate funding source for housing loans -- use of Montana housing trust within Montana growth and opportunity trust
Status: in_force

90-6-137 . Alternate funding source for housing loans -- use of Montana housing trust within Montana growth and opportunity trust. (1) The board of housing shall administer $65 million or more of funds from the Montana housing trust provided for in 90-6-150 for the purpose of providing loans for the development and preservation of homes and apartments to assist eligible low-income and moderate-income applicants. Until the board uses money in the Montana housing trust to loan to a qualified applicant pursuant to this part, the money under the administration of the board must remain invested by the board of investments.

(2) While a loan made from the Montana housing trust pursuant to this section is repaid, the principal payments on the loan must be deposited in the Montana housing trust until all of the principal of the loan is repaid. Interest received on a loan may be used by the board, in amounts determined by the board in accordance with 90-6-136 , to pay for the servicing of a loan and for reasonable costs of the board for administering the program. After payment of associated expenses, interest received on the loan must be deposited in the Montana housing trust.

(3) (a) Money from the Montana housing trust must be used for the purposes identified in 90-6-134 (3) and (4).

(b) Loans made pursuant to this section must meet the following requirements:

(i) Projects funded with the loans must be multifamily rental housing projects that provide low-income and moderate-income housing.

(ii) The loan must be in the first lien position and may not exceed 95% of total development costs.

(iii) The board and the loan recipient shall each pay half of loan servicing fees.

(iv) Projects funded with the loans must be subject to property taxes, except those located on tribal lands.

(4) Money from the Montana housing trust may not be used to replace existing or available sources of funding for eligible activities.

(5) Funds administered by the board from the Montana housing trust may not be used to pay the expenses of any other program or service administered by the board.

(6) A multifamily rental housing project eligible to receive a loan under this section may include the development or preservation of a mobile home park as defined in 70-33-103 .
Mont. Code Ann. § 90-5-101 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-101
90-5-101 Definitions
Status: in_force

90-5-101 . (Temporary) Definitions. As used in this part, unless the context otherwise requires, the following definitions apply:

(1) "Agricultural enterprises" includes but is not limited to producing, warehousing, storing, fattening, treating, handling, distributing, or selling farm products or livestock.

(2) "Bonds" means bonds, refunding bonds, notes, or other obligations issued by a municipality or county under the authority of this part, including without limitation short-term bonds or notes issued in anticipation of the issuance of long-term bonds or notes.

(3) "Electric energy generation facility" means any combination of a physically connected generator or generators, associated prime movers, and other associated property and transmission facilities and upgrades and improvements of transmission facilities, including appurtenant land and improvements and personal property, that are normally operated together to produce and transfer electric power. The term includes but is not limited to generating facilities that produce and transfer electricity from coal-fired steam turbines, oil or gas turbines, wind turbines, solar power sources, fuel cells, or turbine generators that are driven by falling water.

(4) "Family services provider" means organizations, including nonprofit corporations, that provide human services for children and adults, including but not limited to early care services for children, youth services, health services, social services, habilitative services, rehabilitative services, preventive care, and supportive services, and training, educational, and referral activities in support of human services.

(5) "Governing body" means the board or body in which the general legislative powers of the municipality or county are vested.

(6) "Higher education facilities" means any real or personal properties required or useful for the operation of an institution of higher education.

(7) "Institution of higher education" means any private, nonprofit corporation or institution within the state of Montana:

(a) authorized to provide or operate educational facilities; and

(b) providing a program of education beyond the high school level.

(8) "Mortgage" means a mortgage or deed of trust or other security device.

(9) "Municipality" means any incorporated city or town in the state.

(10) "Project" means:

(a) any land, any building or other improvement, and any other real or personal property considered necessary or related to the improvement, whether or not now in existence, that must be suitable for use for commercial, manufacturing, agricultural, or industrial enterprises;

(b) recreation or tourist facilities;

(c) local, state, and federal governmental facilities;

(d) multifamily housing, hospitals, long-term care facilities, community-based facilities for individuals who are persons with developmental disabilities as defined in 53-20-102 , or medical facilities;

(e) higher education facilities;

(f) electric energy generation facilities;

(g) family services provider facilities;

(h) any facilities that are used or considered necessary to create or produce any intangible item, as defined in section 197(d)(1)(C)(iii) of the Internal Revenue Code, 26 U.S.C. 197(d)(1)(C)(iii), including any patent, copyright, formula, process, design, pattern, knowledge, format, or other similar intangible item;

(i) the production of energy using an alternative renewable energy source as defined in 15-6-225 ;

(j) 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); and

(k) any combination of projects in subsections (10)(a) through (10)(j).
Mont. Code Ann. § 90-9-311 — MT Code / Title 90 / Chapter 9 / Part 3 / Section 90-9-311
90-9-311 General criteria underlying loans and grants
Status: in_force

90-9-311 . General criteria underlying loans and grants. The council may make a loan or grant only if the council determines that:

(1) the loan or grant is consistent with the findings and purposes of this chapter because it primarily adds value to Montana's agricultural products;

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

(3) the project for which the loan or grant is made is anticipated to create new jobs or retain existing jobs in the state;

(4) the loan or grant is primarily intended to be used for processing or adding value to agricultural products produced or potentially produced in the state; and

(5) 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.
Mont. Code Ann. § 90-4-1306 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1306
90-4-1306 Establishment of program
Status: in_force

90-4-1306 . Establishment of program. (1) To establish a commercial property-assessed capital enhancements program, a governing body shall:

(a) adopt a resolution of intent that includes:

(i) a statement of intent to establish a commercial property-assessed capital enhancements program describing the role of the governing body and the role of the authority in administering the program;

(ii) the types of energy conservation projects or public safety and resiliency improvement projects that may be included in the program;

(iii) a reference to the program plan required by 90-4-1305 and a location where the plan is available for public inspection; and

(iv) the time and place for a public hearing on the proposed program;

(b) hold a public hearing at which the public may comment on the proposed program and the program plan required by 90-4-1305 ; and

(c) adopt a resolution establishing the program and setting the terms and conditions of the program, including:

(i) how the governing body will meet the program plan requirements established by the authority in 90-4-1305 . To meet the requirement of this subsection (1)(c)(i), the resolution may incorporate a program plan or an amended version of a program plan by reference.

(ii) a description of the aspects of the program that may be changed without a public hearing and the aspects that may be changed only after a public hearing;

(iii) identification of an official authorized to enter into a program contract on behalf of the program with entities providing funding for the program; and

(iv) identification of an official authorized to enter into a program contract on behalf of the governing body with record owners.

(2) A commercial property-assessed capital enhancements program may be changed by resolution of the governing body. Adoption of the resolution must be preceded by a public hearing if required pursuant to subsection (1)(c)(ii).
Mont. Code Ann. § 90-1-169 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-169
90-1-169 Highway signs
Status: in_force

90-1-169 . Highway signs. Upon receipt of a petition from a heritage preservation and cultural tourism commission, the department of transportation shall erect and maintain signs designating heritage and cultural tourism resources along highways in the vicinity of the heritage and cultural tourism resources. The department of transportation shall accomplish the signing changes in accordance with the department's normal sign maintenance and replacement schedule.
Mont. Code Ann. § 90-4-1011 — MT Code / Title 90 / Chapter 4 / Part 10 / Section 90-4-1011
90-4-1011 Alternative fuels policy -- implementing guidelines
Status: in_force

90-4-1011 . Alternative fuels policy -- implementing guidelines. (1) The state of Montana encourages the use of alternative fuels and fuel blends to the extent that doing so produces environmental and economic benefits to the citizens of Montana.

(2) To implement the policy stated in subsection (1), the legislature recommends the following guidelines:

(a) All policies and programs should have in-state benefits.

(b) Policies and programs should be coordinated among the affected agencies.

(c) The state recognizes incentives as a temporary tool to implement the alternative fuels policy. Recipients of those incentives should develop a plan, including an educational component, to phase out the incentive. In determining incentives, the state should:

(i) consider incentives for the producer, retail, and consumer levels;

(ii) establish a logical link between revenue sources and incentives; and

(iii) encourage the use of self-sufficient markets.

(d) Any state alternative fuels program should have measurable benefits that are communicated to the public.

(e) State and local governments should be encouraged to set an example with their vehicle fleets in the use of alternative fuels and fuel blends.

(f) Consistent with the guidelines in subsections (2)(a) through (2)(e), the state encourages production of alternative fuels and fuel blends.
Mont. Code Ann. § 90-6-120 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-120
90-6-120 Maintenance of capital reserve account
Status: in_force

90-6-120 . Maintenance of capital reserve account. (1) In order to ensure the maintenance of the capital reserve account, the presiding officer of the board shall on or before September 1 in the year preceding the convening of the legislature deliver to the governor a certificate stating the sum, if any, required to restore the capital reserve account to the minimum capital reserve requirement. The governor shall include in the executive budget submitted to the legislature the sum required to restore the capital reserve account to the sum of minimum capital reserve requirements. All sums appropriated by the legislature must be deposited in the capital reserve account.

(2) All amounts appropriated to the board by the legislature under this section constitute advances to the board and, subject to the rights of the holders of any bonds or notes of the board, must be repaid to the state's general fund, without interest from available operating revenues of the board in excess of amounts required for the payment of bonds, notes, or other obligations of the board, for maintenance of the capital reserve account, and for operating expenses.
Mont. Code Ann. § 90-1-105 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-105
90-1-105 Functions of department of commerce -- economic development
Status: in_force

90-1-105 . Functions of department of commerce -- economic development. The department of commerce shall:

(1) provide coordinating services to aid state and local groups and Indian tribal governments in the promotion of new economic enterprises and conduct publicity and promotional activities within the state, nationally, and internationally in connection with new economic enterprises;

(2) collect and disseminate information regarding the advantages of developing agricultural, recreational, commercial, and industrial enterprises within this state;

(3) serve as an official state liaison between persons interested in locating new economic enterprises in Montana and state and local groups and Indian tribal governments seeking new enterprises;

(4) aid communities and Indian tribal governments interested in obtaining new business or expanding existing business;

(5) (a) study and promote means of expanding markets for Montana products within the state, nationally, and globally; and

(b) provide training and assistance for Montana small businesses and entrepreneurs to expand markets for made-in-Montana products;

(6) encourage and coordinate public and private agencies or bodies in publicizing the facilities and attractions of the state;

(7) in collaboration with the state-tribal economic development commission, tribal governments, and other partners, develop a system for the gathering of data allowing the department to quantify on an ongoing basis the economic contributions of the tribes in Montana. The department may execute data sharing and use agreements with each tribal government. The department shall update the state-tribal relations committee on this effort and, beginning no later than December 1, 2024, and in a manner beneficial to tribal governments, policymakers, and the public, make aggregate data on the economic contributions of the tribes in Montana readily available on an ongoing basis. Disaggregated data provided by a tribal government pursuant to a data sharing and use agreement with the department and identified by the tribal government as confidential must be considered "confidential information" as defined in 2-6-1002 (1)(d). The department may accept contributions and donations from individuals and organizations for the purposes of this subsection.

(8) explore the use of cooperative agreements, as provided in Title 18, chapter 11, part 1, for the promotion and enhancement of economic opportunities on the Indian reservations in Montana; and

(9) assist the state-tribal economic development commission established in 90-1-131 in:

(a) identifying federal government and private sector funding sources for economic development on Indian reservations in Montana; and

(b) fostering and providing assistance to prepare, develop, and implement cooperative agreements, in accordance with Title 18, chapter 11, part 1, with each of the tribal governments in Montana.
Mont. Code Ann. § 90-4-1302 — MT Code / Title 90 / Chapter 4 / Part 13 / Section 90-4-1302
90-4-1302 Definitions
Status: in_force

90-4-1302 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

(2) "Commercial property-assessed capital enhancements program" or "program" means a program established in accordance with this part.

(3) "District" means a district that is established under this part by a local government and that lies within the local government's jurisdictional boundaries. A local government may create more than one district under a program.

(4) "Energy conservation measure" means a permanent cost-effective energy improvement fixed to real property, including new construction, and intended to decrease energy or water consumption and demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. The term includes but is not limited to:

(a) insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems;

(b) storm windows and doors, including multiglazed windows and doors, heat-absorbing or heat-reflective glazed windows, coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c) automated energy control systems;

(d) heating, ventilating, or air-conditioning and distribution system modifications or replacements;

(e) caulking, weather-stripping, or air sealing;

(f) replacement or modification of lighting fixtures to reduce the energy use of the lighting system;

(g) energy recovery systems;

(h) daylighting systems;

(i) installation or upgrades of electrical wiring or outlets to charge a motor vehicle that is fully or partially powered by electricity;

(j) fuel source changes that result in cost savings;

(k) measures to reduce the usage of water or to increase the efficiency of water usage; and

(l) any other installation or modification of equipment, devices, or materials approved as a utility cost-saving measure by the governing body.

(5) "Energy conservation project" means the installation or modification of an energy conservation measure or the acquisition, installation, or improvement of a renewable energy system.

(6) "Governing body" means the legislative authority of a local government.

(7) "Local government" means a county, city, town, or a consolidated city-county.

(8) "Multifamily housing facility" means a property with at least five units that are primarily intended for residential use, each with a full bathroom and a complete kitchen. The units may be rental units or owner-occupied units. The units may be attached, detached, semidetached, or row houses.

(9) (a) "Person" means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust that is organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination of individuals, firms, partnerships, associations, corporations, unincorporated joint ventures, or trusts.

(b) The term does not include a local government.

(10) "Public safety and resiliency improvement" means one or more fixed installations or modifications to eligible commercial real property that are designed to improve a property's public safety or resiliency by improving the eligible real property's:

(a) structural integrity for seismic events;

(b) indoor air quality;

(c) durability to resist wind, fire, and flooding;

(d) ability to withstand an electric power outage;

(e) stormwater control measures, including structural and nonstructural measures to mitigate stormwater runoff; and

(f) firearm storage infrastructure for use by the public pursuant to a firearm hold agreement as provided in 27-1-748 .

(11) "Public safety and resiliency improvement project" means the installation or modification of a public safety and resiliency improvement.

(12) "Real property" means a privately owned commercial or industrial facility, multifamily housing facility, or agricultural property.

(13) "Record owner" means the person or persons possessing the most recent fee title as shown by the records of the county clerk and recorder.

(14) "Renewable energy" has the meaning provided in 15-24-3102 .

(15) "Renewable energy system" means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that uses one or more forms of renewable energy to generate electricity or to reduce the use of nonrenewable energy. The term includes a biomass stove but does not include an incinerator or a digester.
Mont. Code Ann. § 90-4-1207 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1207
90-4-1207 Nature of revenue bonds
Status: in_force

90-4-1207 . Nature of revenue bonds. (1) A holder of a revenue bond issued pursuant to 90-4-1205 does not have the right to compel the governmental body to exercise its taxing power to pay off the bonds or the interest on those bonds.

(2) Each revenue bond issued pursuant to 90-4-1205 must state that:

(a) the bond, including interest on the bond, is payable from the revenue pledged to the payment of the bond; and

(b) the bond does not constitute a debt of the governmental body within the meaning of any constitutional or statutory limitation or provision.
Mont. Code Ann. § 90-1-168 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-168
90-1-168 Certified local governments
Status: in_force

90-1-168 . Certified local governments. (1) Counties, consolidated governments, and municipalities may participate in the Montana-certified local government program administered by the Montana historical society pursuant to the National Historic Preservation Act of 1966, 16 U.S.C. 470 through 470w-6.

(2) A county, consolidated government, or municipality that became a certified local government, as described in subsection (1), prior to July 1, 2007, may participate in the program.
Mont. Code Ann. § 90-6-715 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-715
90-6-715 Special revenue account -- use
Status: in_force

90-6-715 . (Temporary) Special revenue account -- use. (1) (a) The Montana coal endowment regional water system special revenue account may be used to:

(i) provide matching funds to plan and construct regional drinking water systems in Montana;

(ii) pay the debt service for regional water system bond issues;

(iii) provide funding of administrative expenses for state and local entities associated with regional drinking water systems; and

(iv) pay the costs of eligible projects on an interim basis pending the receipt of grant and loan funds by those systems or entities.

(b) Except for the debt service administrative expenses and payment of the costs of eligible projects on an interim basis provided for in subsection (1)(a), each state dollar must be matched equally by local funds. Federal and state grants may not be used as a local match.

(2) Up to 25% of the local matching funds required under subsection (1) for the Montana coal endowment regional water system may be in the form of debt that was incurred by local government entities included in the regional water system to construct individual drinking water systems before the individual systems were connected to the regional system. However, the amount of an individual entity's debt that may be used for matching funds is limited to the amount necessary to allow the entity to maintain its water service charges below the hardship standard established by the department through administrative rules adopted under 90-6-710 .

(3) The funds in the account are further restricted to be used to finance regional drinking water systems that supply water to large geographical areas and serve multiple local governments, such as projects in north central Montana, from the waters of the Tiber reservoir, that will provide water for domestic use, industrial use, and stock water for communities and rural residences that lie south of the Canadian border, west of Havre, north of Dutton, and east of Cut Bank and in northeastern Montana, from the waters of the Missouri River, that will provide water for domestic use, industrial use, and stock water for communities and rural residences that lie south of the Canadian border, west of the North Dakota border, north of the Missouri River, and east of range 39.

(4) The funds must be administered by the department of natural resources and conservation for eligible projects. (Terminates June 30, 2031--secs. 1 through 3, Ch. 305, L. 2015.)
Mont. Code Ann. § 90-4-1004 — MT Code / Title 90 / Chapter 4 / Part 10 / Section 90-4-1004
90-4-1004 Terminated
Status: in_force

90-4-1004 . Terminated. Sec. 5, Ch. 242, L. 1993.
Mont. Code Ann. § 90-1-147 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-147
90-1-147 Rulemaking
Status: in_force

90-1-147 . Rulemaking. The department of commerce may adopt rules to:

(1) provide for uniform loan and grant applications, when appropriate;

(2) coordinate the announcement and marketing of available financial assistance programs that are administered by other state agencies;

(3) provide for the specific requirements necessary to develop useful and logical navigation pathways and cross-references for a financial assistance program internet website and a standard form of internet links and access, consistent with the financial assistance program website, for individual agency websites that administer financial assistance programs; and

(4) develop processes and procedures necessary to effectively implement the provisions of 90-1-117 through 90-1-119 and 90-1-141 through 90-1-147 .
Mont. Code Ann. § 90-5-107 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-107
90-5-107 Refunding of bonds
Status: in_force

90-5-107 . Refunding of bonds. (1) Any bonds issued under the provisions of this part and at any time outstanding, including, without limitation, short-term bonds issued in anticipation of the issuance of long-term bonds, may at any time and from time to time be refunded by a municipality or county by the issuance of its refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, together with any interest thereon and any premiums and commissions necessary to be paid in connection therewith. An issue of refunding bonds may be combined with an issue of additional revenue bonds on any project when the combined total meets the requirements of 90-5-106 (1).

(2) Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by exchange of the refunding bonds for the bonds to be refunded thereby. The holders of any bonds to be so refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem, or otherwise, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. Any refunding bonds issued under the authority of this part shall be subject to the provisions contained in 90-5-103 and may be secured in accordance with the provisions of 90-5-105 .

(3) The principal proceeds from the sale of any refunding bonds may be applied only as follows, either:

(a) to the immediate payment and retirement of the bonds being refunded; or

(b) to the extent not required for the immediate payment of the bonds being refunded, such proceeds shall be deposited in trust to provide for the payment and retirement of the bonds being refunded and to pay any expenses incurred in connection with such refunding, except that provision may be made for the pledging and disposition of any surplus, including, without limitation, to the payment of the principal of and interest on any issue or series of refunding bonds.

(4) Money in a trust fund under subsection (3) may be invested in direct obligations of the United States government, obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government.

(5) Nothing in this section may be construed as a limitation on the duration of any deposit in trust for the retirement of bonds being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
Mont. Code Ann. § 90-6-1001 — MT Code / Title 90 / Chapter 6 / Part 10 / Section 90-6-1001
90-6-1001 Oil, gas, and coal natural resource accounts
Status: in_force

90-6-1001 . Oil, gas, and coal natural resource accounts. (1) There is an oil and gas natural resource distribution account in the state special revenue fund. The collections allocated to the account from 15-36-331 (2)(b) must be deposited in the account to be used as provided in 15-36-332 (7).

(2) There is a coal natural resource account in the state special revenue fund. The collections allocated to the account from 15-35-108 (9) must be deposited in the account. The account receives earnings from the coal board fund as provided in 17-5-703 . The money in the account is allocated to the coal board provided for in 2-15-1821 and may be used only for local impact grants provided for in 90-6-205 through 90-6-207 and costs related to the administration of the grant awards.
Mont. Code Ann. § 90-7-226 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-226
90-7-226 Procedure prior to financing prerelease center projects
Status: in_force

90-7-226 . Procedure prior to financing prerelease center projects. In addition to meeting the other requirements contained in this chapter or in state or federal law, the following requirements must be met before financing is finalized and provided for a prerelease center:

(1) A contract must be approved by the authority and executed by the department of corrections and the institution.

(2) The department of corrections, the institution, and any other third parties involved in the financing are required to execute, covenant, deliver, and assign as necessary all documents, representations, assignments, collateral, and any other conditions that the authority or its agents, underwriters, or attorneys may reasonably determine to be necessary to adequately protect the authority, the department of corrections, and the state from default, financial loss, or other harm and to provide an opportunity to lower borrowing costs.

(3) The prerelease center project must be determined to be in the public interest and to be consistent with the legislative policies governing the provision of the services.

(4) The applicant shall submit a statement indicating that contracts to construct the prerelease center project will require all contractors to comply with Title 18, chapter 2, part 4.

(5) Adequate provision must be made in the loan agreement, lease, or other credit arrangement regarding a prerelease center project to provide for the payment of debt service on the bonds issued to finance the project, to create and maintain reserves for payment of the debt service, and to meet all costs and expenses of issuing and servicing the bonds.
Mont. Code Ann. § 90-6-136 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-136
90-6-136 Administrative rules
Status: in_force

90-6-136 . Administrative rules. The board shall adopt rules to implement 90-6-131 through 90-6-137 . The rules must address:

(1) the development of eligibility criteria for applicants;

(2) the development of an application process for requesting financial assistance;

(3) the establishment of a procedure for disbursing financial assistance;

(4) the establishment of the terms and conditions of a loan, including the method and schedule of repayment and the applicable rate of interest;

(5) the development of a process for awarding technical assistance contracts; and

(6) other matters necessary for the administration of 90-6-131 through 90-6-137 .
Mont. Code Ann. § 90-6-702 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-702
90-6-702 Purpose
Status: in_force

90-6-702 . Purpose. The purpose of the Montana coal endowment program is to assist local governments in funding infrastructure projects that will:

(1) create jobs for Montana residents;

(2) promote economic growth in Montana by helping to finance the necessary infrastructure;

(3) encourage local public facility improvements;

(4) create a partnership between the state and local governments to make necessary public projects affordable;

(5) support long-term, stable economic growth in Montana;

(6) protect future generations from undue fiscal burdens caused by financing necessary public works;

(7) coordinate and improve infrastructure financing by federal, state, local government, and private sources; and

(8) enhance the quality of life and protect the health, safety, and welfare of Montana citizens.
Mont. Code Ann. § 90-9-401 — MT Code / Title 90 / Chapter 9 / Part 4 / Section 90-9-401
90-9-401 Agricultural marketing enhancement
Status: in_force

90-9-401 . Agricultural marketing enhancement. As directed by the council, the department shall assist in identification and development of new domestic and foreign markets for Montana agricultural products. This includes:

(1) assisting in placing one full-time professional marketing person in Japan or another Pacific Rim country to develop export marketing opportunities in the Pacific region;

(2) providing assistance for appropriate trade missions of Montana producers, processors, or distributors of agricultural products on a cost-share basis; and

(3) assisting in other appropriate means of enhancing domestic markets for Montana agricultural products.
Mont. Code Ann. § 90-7-204 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-204
90-7-204 Agent of the authority
Status: in_force

90-7-204 . Agent of the authority. The authority may designate a participating institution as its agent for determining the location and character of an eligible facility undertaken by that institution under the provisions of this chapter. As agent, the institution may acquire, construct, reconstruct, renovate, replace, improve, maintain, repair, operate, lease, as lessee or lessor, and enter into contracts for any and all such purposes, including contracts for the management and operation of the facility.
Mont. Code Ann. § 90-5-110 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-110
90-5-110 Taxation of projects
Status: in_force

90-5-110 . Taxation of projects. (1) Notwithstanding that title to a project may be in a municipality or county, such projects shall be subject to taxation to the same extent, in the same manner, and under the same procedures as privately owned property in similar circumstances if such projects are leased to or held by private interests on both the assessment date and the date the levy is made in any year, but such projects shall not be subject to taxation in any year if they are not leased to or held by private interests on both the assessment date and the date the levy is made in any year.

(2) Where personal property owned by a municipality or county is taxed under this section and such personal property taxes are delinquent, levy by warrant for distraint for collection of such delinquent taxes may only be made on personal property against which such taxes were levied.
Mont. Code Ann. § 90-6-310 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-310
90-6-310 Local government facility impact bonds
Status: in_force

90-6-310 . Local government facility impact bonds. (1) When the need for the construction, renovation, improvement, or acquisition of local government facilities as a result of the large-scale mineral development is determined under 90-6-307 , the owners of a large-scale mineral development may enter into a written agreement with the local government unit having the burden for the increased capital and operating costs expected to be incurred by the facilities. The local government unit may execute a written agreement with the owner of a large-scale mineral development for the issuance of any special industrial local government facility impact bonds provided for in this section.

(2) The agreement with the owners of a large-scale mineral development must provide for a payment guarantee through a third-party financial institution, in addition to the taxes imposed by the local government unit on property owners generally, of the principal and interest on the bonds provided for in this section. Payment will then be made by an annual special tax levy on the property of the large-scale mineral development sufficient to retire the principal and interest on these special impact bonds. The bonds may not be an obligation of the local government unit, but must be special obligations limited to the revenue derived from the special tax levy. A local government unit shall establish a levy and, to the extent bonds are issued as provided in this section, shall pledge the special fund and all revenue of the special tax levy to the repayment of the bonds.

(3) The debt limits set forth in 7-7-2203 , 7-7-4201 , and 20-9-406 do not apply to bonds issued in accordance with this section. The interest on the bonds is not subject to state taxes.

(4) The impact bonds must be authorized by the governing body of the local government unit by a resolution that states:

(a) the facility for which the bonds are issued;

(b) the amount of the bonds;

(c) the rate of interest the bonds bear;

(d) the date of the bonds and the maturity date or dates of the bonds;

(e) the dates interest is payable on the bonds;

(f) the redemption options, if any, with respect to the bonds; and

(g) the manner of execution of the bonds.

(5) The impact bonds must be:

(a) in registered form as to principal and interest;

(b) payable in installments and at times not exceeding 30 years from their date of issuance; and

(c) payable at a place or places and be evidenced in a manner the governing body determines is in the best interest of the local government unit.

(6) Any impact bonds issued under the authority of this section 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 determined by the governing body of the local government unit. All expenses, premiums, and commissions that the local government unit considers necessary or advantageous in connection with the authorization, sale, and issuance of the bonds may be paid by the governing body of the local government unit from the proceeds of the sale of the bonds.

(7) If more than one local government unit adopts a resolution to issue impact bonds, the local government units may enter into an interlocal agreement under 7-11-101 through 7-11-105 , 7-11-107 , and 7-11-108 , providing for the issue of impact bonds of the local government units to be combined in a single offering, if the governing body of each local government unit authorizing the bonds determines that the pooling of bonds:

(a) is in the best interest of the local government units;

(b) will facilitate the sale of the bonds under more advantageous terms;

(c) will lower the interest rates; or

(d) will lower the cost of issuance.

(8) In addition to the specific requirements of 7-11-105 , the interlocal agreement must provide:

(a) that the bond titles must denote that impact bonds of different local government units have been pooled and must refer to each local government unit executing the interlocal agreement;

(b) for a single debt service fund, to be held by a qualified trust company, to which each local government unit shall pledge and pay the annual special tax levies levied against the large-scale mineral development; and

(c) that the bonds are payable solely from and against the debt service funds under the interlocal agreement.
Mont. Code Ann. § 90-9-202 — MT Code / Title 90 / Chapter 9 / Part 2 / Section 90-9-202
90-9-202 Powers and duties of council
Status: in_force

90-9-202 . (Temporary) Powers and duties of council. (1) The council shall:

(a) establish policies and priorities to enhance the future development of agriculture in Montana, including the Indian reservations in the state;

(b) make loans or grants, pursuant to the provisions of Title 90, chapter 9, part 3, that have a short-term or long-term ability to stimulate agriculture development and diversification in rural, urban, and tribal settings in Montana;

(c) provide loan repayment assistance for farmers pursuant to Title 90, chapter 9, part 5;

(d) consult with the cooperative extension service to administer the Montana farmer loan repayment assistance program as required by 90-9-501 ;

(e) accept grants or receive devises of money or property for use in making the loans or grants and providing the loan repayment assistance authorized by this chapter; and

(f) distribute food and agricultural development center funding pursuant to Title 80, chapter 11, part 9, subject to biannual review.

(2) The council may:

(a) defer or forgive any loan in whole or in part; and

(b) forgive any accrued interest in whole or in part. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-1-109 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-109
90-1-109 State census and economic information center
Status: in_force

90-1-109 . State census and economic information center. The department of commerce shall, in cooperation with other state, federal, and local agencies, establish and maintain a central depository of information, including computer-retrievable files, concerning the significant characteristics of the state, its people, economy, land, and physical characteristics. The department shall:

(1) analyze and disseminate this information to state, federal, and local agencies and to the general public; and

(2) perform the duties assigned to the state census and economic information center in 5-1-201 through 5-1-206 .
Mont. Code Ann. § 90-6-111 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-111
90-6-111 Bonds and notes
Status: in_force

90-6-111 . Bonds and notes. (1) The board may by resolution, from time to time, issue negotiable notes and bonds in a principal amount that the board determines necessary to provide sufficient funds for achieving any of its purposes, including the payment of interest on notes and bonds of the board, establishment of reserves to secure the notes and bonds, including the reserve funds created under 90-6-119 , and all other expenditures of the board incident to and necessary or convenient to carry out this part.

(2) The board may by resolution, from time to time, issue notes to renew notes and bonds to pay notes, including interest, and, whenever it considers refunding expedient, refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and issue bonds partly to refund bonds outstanding and partly for any of its other purposes.

(3) Except as otherwise expressly provided by resolution of the board, every issue of its notes and bonds must be obligations of the board payable out of any revenue, assets, or money of the board, subject only to agreements with the holders of particular notes or bonds pledging particular revenue, assets, or money.

(4) The notes and bonds must be authorized by resolutions of the board, must bear a date, and must mature at times that the resolutions provide. A note may not mature more than 10 years and a bond may not mature more than 50 years from the date of its issue. The bonds may be issued as serial bonds payable in annual or semiannual installments or as term bonds or as a combination of both. The notes and bonds must bear interest at a rate or rates, be in denominations, be in a form, either coupon or registered, carry registration privileges, be executed in a manner, be payable in a medium of payment, at places within or without the state, and be subject to terms of redemption as provided in resolutions. The board shall designate whether interest payments on the bonds are taxable or tax exempt. The notes and bonds of the board may be sold at public or private sale at prices, which may be above or below par, determined by the board.

(5) The total amount of notes and bonds outstanding at any time, except notes or bonds as to which the board's obligation has been satisfied and discharged by refunding or for which reserve for payment or other means of payment have been otherwise provided, may not exceed $1.5 billion. The issue price of bonds sold at a discount, not the face amount of the bonds, counts against this statutory ceiling.
Mont. Code Ann. § 90-4-1103 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1103
90-4-1103 Authority to enter into energy performance contracts
Status: in_force

90-4-1103 . Authority to enter into energy performance contracts. (1) A governmental entity may enter into an energy performance contract. A governmental entity that enters into an energy performance contract shall do so in accordance with this part.

(2) Nothing in this part prevents a governmental entity from entering into a contract that is not an energy performance contract for conservation measures under any other legal authority.
Mont. Code Ann. § 90-6-125 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-125
90-6-125 Tax exemption of bonds
Status: in_force

90-6-125 . Tax exemption of bonds. Bonds, notes, or other obligations issued by the board under this part or by local housing authorities under Title 7, chapter 15, parts 21, 44, and 45, their transfer, and their income (including any profits made on their sale) are free from taxation by the state or any political subdivision or other instrumentality of the state, except for estate taxes. The board is not required to pay recording or transfer fees or taxes on instruments recorded by it.
Mont. Code Ann. § 90-5-203 — MT Code / Title 90 / Chapter 5 / Part 2 / Section 90-5-203
90-5-203 Bylaws and amendments filed with secretary of state
Status: in_force

90-5-203 . Bylaws and amendments filed with secretary of state. Pursuant to Article II, paragraph (10), of the compact, the western interstate nuclear board shall file copies of the bylaws and amendments thereto with the secretary of state.
Mont. Code Ann. § 90-9-505 — MT Code / Title 90 / Chapter 9 / Part 5 / Section 90-9-505
90-9-505 Funding -- priorities
Status: in_force

90-9-505 . (Temporary) Funding -- priorities. If the funding for this part in any year is less than the total amount of loan repayment assistance for which farmers qualify, the council shall work with the cooperative extension service to develop a method to prioritize loan repayment assistance to applicants. In developing a prioritization method, the council shall consider giving priority to applicants:

(1) with the greatest financial need;

(2) who are most likely to successfully continue operating a farm based on factors including an applicant's interest in farming, training, experience, business plan, and relationship with a mentor;

(3) who own or are working toward ownership of a farm;

(4) who operate farms that employ sustainable best practices for farming that are identified in the list of approved conservation enhancements and practices under the conservation stewardship program of the U.S. department of agriculture; and

(5) are members of groups that are underrepresented in farming in Montana. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-4-1202 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1202
90-4-1202 Definitions
Status: in_force

90-4-1202 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1) "Ancillary services" means services or tariff provisions related to generation and delivery of electric power other than simple generation, transmission, or distribution. Ancillary services related to transmission services include energy losses, energy imbalances, scheduling and dispatching, load following, system protection, spinning reserves and nonspinning reserves, and reactive power.

(2) "Bond" means bond, note, or other obligation.

(3) "Clean renewable energy bonds" means one or more bonds issued by a governmental body pursuant to section 54 of the Internal Revenue Code, 26 U.S.C. 54, and this part.

(4) "Commission" means the public service commission provided for in 69-1-102 .

(5) "Common ownership" means the same or substantially similar persons or entities that maintain a controlling interest in more than one community renewable energy project even if the ownership shares differ between two community renewable energy projects. Two community renewable energy projects may not be considered to be under common ownership simply because the same entity provided debt or equity, or both debt and equity, to both projects.

(6) "Community renewable energy project" means an eligible renewable resource as defined in 90-4-1005 that is interconnected on the utility side of the meter in which local owners have a controlling interest and that is less than or equal to 25 megawatts in total calculated nameplate capacity.

(7) "Governing authority" means a council, board, or other body governing the affairs of the governmental body.

(8) "Governmental body" means a city, town, county, school district, consolidated city-county, Indian tribal government, or any other political subdivision of the state, however organized.

(9) "Intermittent generation resource" means a generator that operates on a limited and irregular basis due to the inconsistent nature of its fuel supply, which is primarily wind or solar power.

(10) "Internal Revenue Code" has the meaning provided in 15-30-2101 .

(11) "Local owners" means:

(a) Montana residents;

(b) general partnerships of which all partners are Montana residents;

(c) business entities organized under the laws of the state that:

(i) have less than $50 million of gross revenue;

(ii) have less than $100 million of assets; and

(iii) have at least 50% of the equity interests, income interests, and voting interests owned by Montana residents;

(d) Montana nonprofit organizations;

(e) Montana-based tribal councils;

(f) Montana political subdivisions or local governments;

(g) Montana-based cooperatives other than cooperative utilities; or

(h) any combination of the individuals or entities listed in subsections (11)(a) through (11)(g).

(12) "Project" means:

(a) a facility qualifying as a "qualified project" within the meaning of section 54(d)(2) of the Internal Revenue Code, 26 U.S.C. 54(d)(2);

(b) a community renewable energy project as defined in subsection (6); or

(c) an alternative renewable energy source as defined in 15-6-225 .

(13) "Total calculated nameplate capacity" means the calculation of total nameplate capacity of the community renewable energy project and other eligible renewable resources that are:

(a) located within 5 miles of the project;

(b) constructed within the same 12-month period; and

(c) under common ownership.
Mont. Code Ann. § 90-4-1102 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1102
90-4-1102 Definitions
Status: in_force

90-4-1102 . Definitions. As used in this part, the following definitions apply:

(1) "Cost-effective" or "cost-effectiveness" means that the sum of guaranteed cost savings and unguaranteed energy cost savings attributable to utility unit price escalation is equal to or greater than:

(a) the energy performance contract financing repayment obligation, if any, each year of a finance term;

(b) the total project cost of the cost-saving measures implemented divided by 20; or

(c) the total project cost of the cost-saving measures implemented divided by the cost-weighted average useful life of the cost-saving measures.

(2) "Cost-saving measure" means a facility improvement, repair, or alteration or equipment, fixtures, or furnishings added to or used in a facility and designed to reduce energy or water consumption or operation and maintenance costs. The term also includes vehicle acquisitions, changes to utility rate or tariff schedules, or fuel source changes that result in cost savings.

(3) "Department" means the department of environmental quality provided for in 2-15-3501 .

(4) "Energy performance contract" means a cost-effective contract between a governmental entity and a qualified energy service provider for implementation of one or more cost-saving measures and guaranteed cost savings.

(5) "Finance term" means the length of time for repayment of funds borrowed for an energy performance contract.

(6) "Governmental entity" means:

(a) a department, board, commission, institution, or branch of state government;

(b) a county, consolidated city-county government, city, town, or school district;

(c) a special district, as defined in 2-2-102 ;

(d) the university system or a unit of the university system; or

(e) a community college district.

(7) "Guarantee period" means the period of time from the effective date of the contract until guaranteed cost savings are achieved in accordance with 90-4-1114 (5).

(8) "Guaranteed cost savings" means a guaranteed annual measurable monetary reduction in utility and operating and maintenance costs for each year of a guarantee period resulting from cost-saving measures. Guaranteed cost savings for utility cost savings must be calculated using mutually agreed on baseline utility rates in use at the time of an investment-grade energy audit. Guaranteed cost savings for operation and maintenance cost savings must be calculated using mutually agreed on baseline operation and maintenance costs at the time of an investment-grade energy audit.

(9) "Investment-grade energy audit" means a study of energy or water usage of a public building performed by a qualified energy service provider utilizing a professional engineer licensed in the state of Montana. It includes detailed descriptions of the improvements recommended for the project, the estimated costs of the improvements, and the operation and maintenance cost savings and utility cost savings projected to result from the recommended improvements. The study must contain all information required pursuant to 90-4-1113 (2).

(10) "Measurement and verification" means the methodology, measurements, inspections, and mathematical calculations to determine utility consumption before and after an energy performance contract is implemented. The measurement and verification report may be for an individual cost-saving measure or an entire project.

(11) "Operation and maintenance cost savings" means a measurable decrease in operation and maintenance costs as a direct result of cost-saving measures calculated using baseline operation and maintenance costs. The term does not include the shifting of personnel costs or similar short-term cost savings that cannot be definitively measured.

(12) "Person" means an individual, corporation, partnership, firm, association, cooperative, limited liability company, limited liability partnership, or any other similar entity.

(13) "Qualified energy service provider" means a person included on the department's list of qualified energy service providers.

(14) "Total project cost" means the total cost of the project, including costs of the investment-grade energy audit, energy performance contract, measurement and verification, and financing.

(15) "Utility cost savings" means expenses for utilities that are eliminated or avoided on a long-term basis as a result of equipment installed or modified or services performed by a qualified energy service provider. Utility cost savings include expenses for natural gas, propane or similar fuels, electricity, water, wastewater, and waste disposal.
Mont. Code Ann. § 90-4-311 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-311
90-4-311 Obligations of state and local executives
Status: in_force

90-4-311 . Obligations of state and local executives. To protect the public welfare during conditions of energy alerts or emergencies, the chief executive of each political subdivision of the state, including local governments with self-government power, and each state agency shall carry out in its jurisdiction such energy supply alert or energy emergency measures as may be ordered by the governor.
Mont. Code Ann. § 90-4-1210 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1210
90-4-1210 Covenants in resolution of authorizing issuance of bonds
Status: in_force

90-4-1210 . Covenants in resolution of authorizing issuance of bonds. (1) A resolution authorizing the issuance of bonds under this part or a contract entered into under this part may contain covenants as to:

(a) the purpose or purposes to which the proceeds of sale of the bonds or amounts payable under the contract may be applied and the disposition of the proceeds or amounts;

(b) the use and disposition of the revenue of the project, including the creation and maintenance of reserves;

(c) the transfer, from the general fund of the governmental body to the account or accounts of the project, of an amount equal to the cost of furnishing the municipality or any of its departments, boards, or agencies with the services, facilities, or commodities of the project;

(d) the issuance of other bonds or the incurrence of other contractual obligations payable from the revenue of the project;

(e) the operation and maintenance of the project;

(f) the insurance to be carried on the project and the use and disposition of insurance proceeds;

(g) books of account and the inspection and audit of the books; and

(h) the terms and conditions upon which the holders or trustees of the bonds or any portion of the bonds or the contracting party are entitled to the appointment of a receiver by the district court having jurisdiction.

(2) If a receiver is appointed, the receiver may:

(a) enter and take possession of the project;

(b) operate and maintain the project;

(c) prescribe rates, fees, or charges, subject to any required approval of the public service commission; and

(d) collect, receive, and apply all revenue arising from the project in the same manner as the governmental body itself might do.
Mont. Code Ann. § 90-7-303 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-303
90-7-303 Procedure for issuance of bonds
Status: in_force

90-7-303 . Procedure for issuance of bonds. (1) The authority may not finance any eligible facility unless, prior to the issuance of any bonds or notes, the members find that the facility is an eligible facility and will be operated by an institution for the purpose of providing services contemplated by this chapter.

(2) The authority may not allow the proceeds of any bonds or notes to be expended for any eligible facility that is a health care facility unless the facility has been reviewed and approved by the appropriate regional and state health planning boards and has received any approval required by Title 50, chapter 5, part 3.

(3) The authority may not allow the proceeds of any bonds or notes to be expended for any eligible facility unless the institution provides evidence that the eligible facility is financially feasible and that the institution reasonably expects that it will generate sufficient revenue to pay principal and interest payments when they become due.
Mont. Code Ann. § 90-7-229 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-229
90-7-229 Procedure prior to financing certain projects
Status: in_force

90-7-229 . Procedure prior to financing certain projects. (1) In addition to meeting the other requirements contained in this chapter or in state or federal law, the requirements of subsections (2) through (4) must be met before financing is provided for a project described in 90-7-104 (1)(n).

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

(a) the city or county in which the project will be located must be notified, and the city and county shall, within 14 days after receipt of the notice, notify the board if it elects to conduct the hearing; or

(b) if a request for a local hearing is not received by the authority within 14 days after the notification in subsection (2)(a), the authority may hold the hearing at a time and place it determines.

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

(4) If the hearing required by subsection (2) is conducted by a local government, the governing body of the local government shall notify the authority of its determination of whether the financing is in the public interest within 14 days after the completion of the public hearing.
Mont. Code Ann. § 90-5-108 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-108
90-5-108 Use of proceeds of bond sales
Status: in_force

90-5-108 . Use of proceeds of bond sales. (1) The proceeds from the sale of bonds issued under authority of this part must be applied only for the purpose for which the bonds were issued or to discharge any existing indebtedness secured by a lien against a hospital or long-term care facility or higher education facility leased or owned by a nonprofit corporation or against a family services provider facility. However, if the project is not a hospital or long-term care facility or higher education facility leased or owned by a nonprofit corporation or a family services provider facility, the proceeds from the sale of bonds may not be used to discharge indebtedness without an improvement to the project.

(2) Any accrued interest and premium received in the sale of bonds must be applied to the payment of the principal of or the interest on the bonds sold. If for any reason any portion of the proceeds is not needed for the purpose for which the bonds were issued, then the unneeded portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
Mont. Code Ann. § 90-4-201 — MT Code / Title 90 / Chapter 4 / Part 2 / Section 90-4-201
90-4-201 Weatherization money sources -- consolidation
Status: in_force

90-4-201 . Weatherization money sources -- consolidation. (1) All federal funds and grants available and becoming eligible to Montana under the provisions of the U.S. department of energy low-income weatherization assistance program, the U.S. department of health and human services low-income home energy assistance program, and any other federal funds intended to increase the energy efficiency of dwellings occupied by persons of low and fixed incomes, except for Title XX of the Social Security Act, are to be coordinated and are available for appropriation to the department of public health and human services.

(2) The department of public health and human services shall allocate and spend for home weatherization programs under this part at least 5% of the funds received from the U.S. department of health and human services low-income home energy assistance program if federal law permits this allocation.
Mont. Code Ann. § 90-4-1113 — MT Code / Title 90 / Chapter 4 / Part 11 / Section 90-4-1113
90-4-1113 Investment-grade energy audits
Status: in_force

90-4-1113 . Investment-grade energy audits. (1) The qualified energy service provider selected by a governmental entity in accordance with 90-4-1112 shall prepare an investment-grade energy audit. The audit must be incorporated into an energy performance contract.

(2) An investment-grade energy audit must include estimates of all costs and guaranteed cost savings for the proposed energy performance contract including:

(a) design;

(b) engineering;

(c) equipment;

(d) materials;

(e) installation;

(f) maintenance;

(g) repairs;

(h) monitoring and verification;

(i) commissioning;

(j) training; and

(k) debt service.

(3) (a) A qualified energy service provider and the governmental entity shall agree on the cost of an investment-grade energy audit before it is conducted.

(b) If an investment-grade energy audit is completed and the governmental entity does not execute an energy performance contract, the governmental entity shall pay the full cost of the investment-grade energy audit.

(c) If the governmental entity executes the energy performance contract, the cost of the investment-grade energy audit may be included in the costs of an energy performance contract or, at the discretion of the governmental entity, be paid for by the governmental entity.
Mont. Code Ann. § 90-11-101 — MT Code / Title 90 / Chapter 11 / Part 1 / Section 90-11-101
90-11-101 Legislative policy
Status: in_force

90-11-101 . Legislative policy. The legislature finds and declares that:

(1) a considerable portion of the citizens of the state of Montana are American Indians;

(2) since statehood, Indian citizens of the state of Montana have lived on reservations set apart for those purposes by the United States of America, and by virtue of their isolation and supervision by the federal government, great problems of economic and social significance have arisen and presently exist;

(3) the best interests of Montana Indian tribes will be served by engaging in government-to-government relationships designed to recognize the rights, duties, and privileges of full citizenship that Indians are entitled to as citizens of this state;

(4) because the tribes are domestic dependent nations, agencies of the federal government retain jurisdiction and a fiduciary duty throughout the state of Montana for the administration of economic, social, health, education, and welfare programs for Indians;

(5) unique differences exist between the tribes, their reservations, customs, and treaties, and their respective relationships with the federal government, all of which influence the relationships among tribes and between the tribes and the state;

(6) there are sizeable numbers of off-reservation enrolled and unenrolled Indians residing in our state whose needs for social, environmental, educational, and economic assistance are borne in part by state and local agencies;

(7) programs of the state of Montana should not duplicate those supported by agencies of the federal government or tribal governments with regard to jurisdiction of Indian people, because state responsibility includes off-reservation Indians and because those Indians require assistance to coordinate their affairs with various tribal groups and federal agencies where they have no official recognition;

(8) the state and the tribes working together in a government-to-government relationship and engaging in compacts and other cooperative agreements for the benefit of Indian and non-Indian residents will promote economic development, environmental protection, education, social services support, and enduring good will;

(9) to facilitate the discussion and resolution of issues and concerns that Indian tribes have in relation to the state, the federal government, and among themselves, the state director of Indian affairs, established in 2-15-217 , shall:

(a) maintain effective tribal-state communications;

(b) assess tribal and individual Indian concerns and interests to seek ways and means of communicating these concerns and interests to relevant state agencies and to the legislature and actively assist in organizing these efforts; and

(c) act as a liaison for tribes and Indian people, whether the Indian people reside on or off reservations, whenever assistance is required;

(10) the state director of Indian affairs shall endeavor to assist tribes to seek agreements between the state and tribes and to work toward a consensus among the tribes and other parties on shared goals and principles.
Mont. Code Ann. § 90-1-158 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-158
90-1-158 Montana-Ireland trade development special revenue account
Status: in_force

90-1-158 . Montana-Ireland trade development special revenue account. (1) There is established in the state treasury the Montana-Ireland trade development special revenue account to the credit of the department. The purposes of the account are to reimburse the department for the administrative expenses of the commission and to support the commission's efforts to carry out its purposes listed in 90-1-156 .

(2) The account consists of all funds raised by or on behalf of the commission, together with any gifts, grants, or other donations. Interest on funds credited to the account must remain in the account.
Mont. Code Ann. § 90-7-301 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-301
90-7-301 Notes
Status: in_force

90-7-301 . Notes. The authority is authorized from time to time to issue its negotiable notes for any corporate purpose, including the payment of all or any part of the cost of any eligible facility, and to renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. Any resolution authorizing notes of the authority or any issue of notes may contain any provisions that the authority is authorized to include in any resolution authorizing bonds of the authority. The authority may include in its notes any terms, covenants, or conditions that it is authorized to include in any bonds. All notes must be payable from the proceeds of bonds, renewal notes, the revenue of the authority, or other available money not otherwise pledged, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding.
Mont. Code Ann. § 90-6-138 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-138
90-6-138 Coal board fund
Status: in_force

90-6-138 . Coal board fund. (1) There is a coal board fund administered by the department of administration. Pursuant to 17-5-703 , a percentage of coal severance taxes received by the state must be deposited in this fund. Earnings not transferred to the coal natural resource account as provided in subsection (2) must be retained in the coal board fund.

(2) The coal natural resource account established in 90-6-1001 (2) receives earnings from the coal board fund as provided in 17-5-703 .
Mont. Code Ann. § 90-9-203 — MT Code / Title 90 / Chapter 9 / Part 2 / Section 90-9-203
90-9-203 Rulemaking
Status: in_force

90-9-203 . (Temporary) Rulemaking. The council shall adopt rules necessary to implement the provisions of this chapter, including rules:

(1) governing the conduct of council business;

(2) establishing application procedures for loans and grants authorized in 90-9-202 ;

(3) establishing application procedures and required documentation for the Montana farmer loan repayment assistance program pursuant to 90-9-504 ;

(4) establishing procedures to be followed by the council in its review process prior to making a loan or grant or providing loan repayment assistance;

(5) establishing postdisbursement activities to monitor the use of a loan or grant by its recipient, including:

(a) any reporting requirements; and

(b) procedures for repayment of a loan or grant upon failure of a recipient to meet the terms and conditions of that loan or grant;

(6) establishing interest rates for loans in accordance with market factors and the purposes of this chapter;

(7) limiting the amount of loans or grants that any company may receive or apply for over a given period of time;

(8) governing the deferral or forgiveness of loans and any accrued interest; and

(9) establishing other terms and conditions of loans and grants and loan repayment assistance, as necessary, within the requirements and purposes of this chapter. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-7-305 — MT Code / Title 90 / Chapter 7 / Part 3 / Section 90-7-305
90-7-305 Trust agreement to secure bonds
Status: in_force

90-7-305 . Trust agreement to secure bonds. In the discretion of the authority, any bonds issued under this chapter may be secured by a trust agreement between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Montana or outside of Montana, if it is determined by the authority to be in the best interest of financing the bonds. The trust agreement or the resolution providing for the issuance of the bonds may pledge or assign the revenue to be received or the proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion of the project. The trust agreement or resolution providing for the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly any provisions that have been specifically authorized to be included in a resolution of the authority authorizing bonds. A bank or trust company incorporated under the laws of this state that may act as depository of the proceeds of bonds or of revenue or other money may furnish indemnifying bonds or pledge securities that may be required by the authority. A trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees and may restrict the individual right of action by bondholders. In addition, a trust agreement or resolution may contain other provisions that the authority may consider reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the trust agreement or resolution may be treated as a part of the cost of the operation of an eligible facility.
Mont. Code Ann. § 90-1-157 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-157
90-1-157 Meetings -- election of officers
Status: in_force

90-1-157 . Meetings -- election of officers. (1) (a) The commission shall convene for its first meeting no later than 30 days after all commission members have been appointed.

(b) At the initial meeting of the commission and annually thereafter, the members shall select one member from among the four appointed legislators to serve as the chair.

(2) (a) The commission shall meet as necessary at the call of the chair, subject to the availability of funds in the Montana-Ireland trade development special revenue account provided for in 90-1-158 .

(b) A majority of the commission membership constitutes a quorum to do business, and all official actions of the commission require an affirmative vote of a majority of the members present and voting.

(c) The commission may meet and hold hearings at locations it designates throughout the state. Commission meetings, including the first meeting, can be held by electronic means.

(3) The commission shall keep records of all proceedings. The records must be public and open to inspection.
Mont. Code Ann. § 90-6-121 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-121
90-6-121 Refunding obligations -- issuance
Status: in_force

90-6-121 . Refunding obligations -- issuance. The board may provide for the issuance of refunding obligations for refunding any obligations then outstanding which have been issued under this part, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of the obligations. The issuance of obligations, the maturities and other details, the rights of the holders, and the rights, duties, and obligations of the board are governed by the appropriate provisions of this part which relate to the issuance of obligations.
Mont. Code Ann. § 90-6-308 — MT Code / Title 90 / Chapter 6 / Part 3 / Section 90-6-308
90-6-308 Permit procedure and review of impact plan to run concurrently
Status: in_force

90-6-308 . Permit procedure and review of impact plan to run concurrently. It is intended that the procedure for fulfilling the permit requirement of 82-4-335 and the review of the impact plan by the board under 90-6-307 (5) and (6), if review occurs, are to run concurrently.
Mont. Code Ann. § 90-1-505 — MT Code / Title 90 / Chapter 1 / Part 5 / Section 90-1-505
90-1-505 Exemption from environmental review
Status: in_force

90-1-505 . Exemption from environmental review. The department of commerce 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 Montana wood products industry pursuant to this part.
Mont. Code Ann. § 90-4-301 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-301
90-4-301 Legislative findings and intent
Status: in_force

90-4-301 . Legislative findings and intent. (1) The legislature finds that energy in various forms is increasingly subject to possible shortages and supply disruptions, to the point that there may be foreseen an emergency situation, and that without the ability to gather information, regularly monitor energy supplies and demand, formulate plans, and institute appropriate emergency measures to reduce or allocate the usage of energy through a program of mandatory usage curtailment or allocation, a severe impact on the health, safety, and general welfare of our state's citizens may occur. The prevention or mitigation of the effects of such energy shortages or disruptions is necessary for preservation of the public health and welfare of the citizens of this state.

(2) It is the intent of this part to:

(a) establish necessary planning, information gathering, and energy emergency powers for the governor and define the conditions under which such powers are to be exercised;

(b) provide for the regular monitoring of energy supplies and demand; however, nothing in this part may be construed to authorize the establishment of an independent state energy forecasting program; and

(c) provide penalties for violations of this part.
Mont. Code Ann. § 90-6-116 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-116
90-6-116 Trust indenture
Status: in_force

90-6-116 . Trust indenture. (1) In the discretion of the board, the bonds may be secured by a trust indenture between the board and a corporate trustee, which may be a trust company or bank having the power of a trust company within or without the state. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper and not in violation of law, including covenants setting forth the duties of the board in relation to the exercise of its powers and the custody, safeguarding, and application of all money. The board may provide by a trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under the trust indenture of another depository and for the method of disbursement, with safeguards and restrictions it considers necessary.

(2) All expenditures incurred in carrying out a trust indenture may be treated as part of the operating expenditures of the board.
Mont. Code Ann. § 90-5-112 — MT Code / Title 90 / Chapter 5 / Part 1 / Section 90-5-112
90-5-112 Economic development levy
Status: in_force

90-5-112 . Economic development levy. (1) Subject to 15-10-420 , the governing body of a city, county, or town is authorized to levy a tax upon the taxable value of all taxable property in the city, county, or town for the purpose of economic development. The governing body may:

(a) submit the question of the mill levy to the qualified voters as provided in 15-10-425 ; or

(b) approve the mill levy by a vote of the governing body.

(2) Funds derived from this levy may be used for purchasing land for industrial parks, constructing buildings to house manufacturing and processing operations, conducting preliminary feasibility studies, promoting economic development opportunities in a particular area, and other activities generally associated with economic development. These funds may not be used to directly assist an industry's operations by loan or grant or to pay the salary or salary supplements of government employees.

(3) The governing body of the county, city, or town may use the funds derived from this levy to contract with local development companies and other associations or organizations capable of implementing the economic development function.
Mont. Code Ann. § 90-1-142 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-142
90-1-142 Purposes
Status: in_force

90-1-142 . Purposes. The purposes of 90-1-141 through 90-1-147 are to:

(1) provide a convenient, accessible, and comprehensive clearinghouse for information about available financial assistance offered by the state, including but not limited to loans, grants, and tax credits;

(2) provide financial assistance for the purpose of establishing financing for economic development activities; and

(3) streamline loan applications and maintain a central clearinghouse of information to ensure an effective and timely response to the needs of individuals, the business community, and governmental entities seeking state financial assistance.
Mont. Code Ann. § 90-1-409 — MT Code / Title 90 / Chapter 1 / Part 4 / Section 90-1-409
90-1-409 Montana geospatial information account
Status: in_force

90-1-409 . Montana geospatial information account. (1) There is established in the state special revenue fund a Montana geospatial information account.

(2) All money received by the department of revenue pursuant to 7-4-2637 (3)(a)(iii) must be deposited in the account.

(3) Funds in the account must be invested pursuant to Title 17, chapter 6, part 2. All interest and income earned on funds in the account accrue to and must be deposited in the account.
Mont. Code Ann. § 90-9-102 — MT Code / Title 90 / Chapter 9 / Part 1 / Section 90-9-102
90-9-102 Purpose
Status: in_force

90-9-102 . (Temporary) Purpose. It is the purpose of this chapter to strengthen and diversify Montana's agricultural industry through loans, grants, and farmer loan repayment assistance to assist the development of innovative agricultural business organizational improvements and the commercialization and marketing of new agricultural products in order to keep pace with a transforming agricultural industry and to create new jobs and expand small business opportunities. (Terminates June 30, 2029--sec. 16, Ch. 439, L. 2019.)
Mont. Code Ann. § 90-6-141 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-141
90-6-141 Short title
Status: in_force

90-6-141 . Short title. Sections 90-6-141 through 90-6-149 may be cited as the "Montana Community Reinvestment Plan Act".
Mont. Code Ann. § 90-6-601 — MT Code / Title 90 / Chapter 6 / Part 6 / Section 90-6-601
90-6-601 Short title
Status: in_force

90-6-601 . Short title. This part may be cited as the "Montana Veterans' Home Loan Mortgage Program Act".
Mont. Code Ann. § 90-14-106 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-106
90-14-106 Prohibited activities
Status: in_force

90-14-106 . Prohibited activities. (1) The office of community service and agencies listed in 90-14-105 that are designated by the governor and engaged in developing and approving work experience and volunteer projects shall ensure that:

(a) work available to participants is not available as the result of a labor dispute, strike, or lockout and will not be assigned to cause a layoff or downgrading of a position or to prevent the return to work of an available competent employee; and

(b) a work experience project:

(i) does not impair existing contracts for service or collective bargaining agreements; and

(ii) is not inconsistent with the terms of a collective bargaining agreement without written concurrence of the labor organization and employer concerned.

(2) It is unlawful for a person to demand from any public officer, agency, employee, volunteer, or volunteer crewleader an assessment or percentage of any money or profit or its equivalent in support, service, or any other thing of value, with the express or implied understanding that it will be used for political purposes. This part may not be construed to prohibit voluntary contributions to any political committee or organization for legitimate political purposes to the extent allowed by law.
Mont. Code Ann. § 90-14-103 — MT Code / Title 90 / Chapter 14 / Part 1 / Section 90-14-103
90-14-103 Office of community service
Status: in_force

90-14-103 . Office of community service. (1) There is an office of community service, which is headed by a director and established in the department of labor and industry.

(2) The purpose of this office is to:

(a) renew the ethic of civic responsibility in the state;

(b) encourage the citizens of the state, regardless of age or income, to engage in full-time or part-time service to the state;

(c) call young people to serve in projects that will benefit the state and improve their life chances through the acquisition of literacy, job skills, and interpersonal skills;

(d) build on the existing organizational framework of state and local governmental entities to expand full-time and part-time service opportunities in a wide variety of programs for all citizens, particularly youth and older Montanans;

(e) involve participants in activities that would not otherwise be performed by employed workers; and

(f) establish programs to accomplish labor-intensive improvements to public or low-income properties or to provide services for the benefit of the state, its communities, and its people through service contracts that specify the work to be performed.

(3) The director must be appointed by the governor, after consultation with the commission. The director serves at the pleasure of the governor.

(4) The director, with the advice of the commission and in coordination with the department, shall:

(a) assist the governor in the planning, coordination, operation, and evaluation of programs within state government or under grants, donations, bequests, or other resources received by and administered through state government for Montana community services;

(b) integrate and develop state plans for all services provided under this part, including but not limited to the office of public instruction's service learning program, the Montana university system's innovative projects, the department of military affairs' service involvement, and other community and volunteer service programs; and

(c) submit applications for federal grants and for funding from any other sources for the creation or operation of volunteer projects. The director shall ensure accountability for all resources received.
Mont. Code Ann. § 90-6-703 — MT Code / Title 90 / Chapter 6 / Part 7 / Section 90-6-703
90-6-703 Types of financial assistance available
Status: in_force

90-6-703 . Types of financial assistance available. (1) The legislature shall provide for and make available to local governments the following types of financial assistance under this part:

(a) matching grants for local infrastructure projects;

(b) matching grants for infrastructure planning; and

(c) emergency grants for local infrastructure projects.

(2) The department of commerce may provide local governments with emergency grants for infrastructure projects only if necessary to remedy conditions that, if allowed to continue until legislative approval could be obtained, will endanger the public health or safety and expose the applicant to substantial financial risk. The department shall report to the governor, the legislative fiscal analyst, and the local government interim committee in accordance with 5-11-210 regarding emergency grants that are awarded during each biennium. The report must be provided in an electronic format.

(3) The department of commerce may provide local governments with matching grants for infrastructure planning. The department shall report to the governor and the legislature in accordance with 5-11-210 regarding infrastructure planning grants that are awarded during each biennium.
Mont. Code Ann. § 90-4-1216 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1216
90-4-1216 Remedies
Status: in_force

90-4-1216 . Remedies. The provisions of this part and any resolution or contract are enforceable by a bondholder or contracting party in a court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.
Mont. Code Ann. § 90-2-1111 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1111
90-2-1111 State and local grants
Status: in_force

90-2-1111 . State and local grants. (1) A department, agency, board, commission, or other division of state government or any city, county, or other political subdivision or tribal government within the state may apply, in accordance with the procedures established by the department, for a grant from the natural resources projects state special revenue account established in 15-38-302 for a project that is consistent with the policy and purpose of the reclamation and development grants program.

(2) The department shall evaluate applications under the eligibility criteria provided in 90-2-1112 and the evaluation criteria provided in 90-2-1113 .

(3) The department shall solicit and consider in its evaluation of applications the views of interested persons and public agencies.

(4) Based on its evaluation of eligible applications, the department shall recommend to the governor projects to receive grants from the natural resources projects state special revenue account established in 15-38-302 .

(5) The governor shall submit all proposals, with the governor's recommended priorities, to the legislature by the first day of any regular legislative session. The legislature may approve by appropriation or other appropriate means grants for those projects it finds consistent with the policies and purposes of the reclamation and development grants program. The department shall administer and oversee the grants to approved projects and monitor the projects.
Mont. Code Ann. § 90-5-302 — MT Code / Title 90 / Chapter 5 / Part 3 / Section 90-5-302
90-5-302 Employee ownership development policy
Status: in_force

90-5-302 . Employee ownership development policy. It is the policy of this state to encourage the formation of employee-owned enterprises in order to stabilize local economies, to anchor business activity by increasing and broadening community investments, to increase productivity, and to encourage new capital formation through employee ownership.
Mont. Code Ann. § 90-2-1122 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1122
90-2-1122 Exemption from environmental review
Status: in_force

90-2-1122 . Exemption from environmental review. The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.
Mont. Code Ann. § 90-6-148 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-148
90-6-148 State workforce housing incentive to community reinvestment organizations
Status: in_force

90-6-148 . State workforce housing incentive to community reinvestment organizations. (1) A community reinvestment organization established in 90-6-146 that contains communities in the county that have a population of 15,000 or less and are located within a 30-mile radius of a state-owned facility that houses at least 100 state inmates or behavioral health patients is eligible to apply for funds from the appropriation provided for in section 20, Chapter 774, Laws of 2023.

(2) (a) The governor's office of economic development shall allocate funds to applying and qualifying counties within community reinvestment organizations proportionally to the average number of state inmates or behavioral health patients in that state-owned facility in the fiscal year beginning July 1, 2021, and the number of employees in that county that work in the state-owned facilities that serve those inmates or patients.

(b) The department of commerce and the board of investments shall assist the governor's office of economic development in the distribution of funds pursuant to this section.

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

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

(i) 95% or more must be distributed to qualifying and 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 to be held locally.

(b) Money in a state workforce housing 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 qualifying and 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 state workforce housing CRO revolving account as an optional local government investment or may receive matching funds from the workforce housing appropriation in section 15, Chapter 774, Laws of 2023.

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

(7) (a) Housing purchased using money from the state workforce housing 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.

(b) Housing purchased using money from the state workforce housing CRO revolving account must have a deed limitation restriction to ensure that a resident of the housing is employed at a state-owned facility that, on an annual average, houses at least 100 state inmates or behavioral health patients and the state-owned facility is located in a county that has a population that does not exceed 15,000 inhabitants.

(8) 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. § 90-1-121 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-121
90-1-121 Gap financing program -- interest and investment
Status: in_force

90-1-121 . Gap financing program -- interest and investment. The gap financing program account consists of money deposited in the account from an appropriation in Chapter 400, Laws of 2015, and money from any other source. Any interest earned by the account must be deposited in the account and used to sustain the program.
Mont. Code Ann. § 90-1-107 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-107
90-1-107 Contracts and agreements for projects and programs -- cooperation with other agencies
Status: in_force

90-1-107 . Contracts and agreements for projects and programs -- cooperation with other agencies. (1) The department of commerce may contract for consulting services for the purpose of undertaking and conducting planning and study projects. It may make agreements with other state agencies in order to accomplish its own research programs. It may perform research, but when possible shall make full use of and strengthen the research resources of other state agencies, including the university system. Other state agencies shall provide the department with information which will assist it in carrying out this part.

(2) The department shall assist and cooperate with other state agencies and officials, with official organizations of elected officials in the state, with local governments and officials, and with federal agencies and officials in carrying out the functions and duties of the department.

(3) It may consult with private groups and individuals, and if the department considers it desirable, hold public hearings to obtain information for the purposes of carrying out this part.
Mont. Code Ann. § 90-1-102 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-102
90-1-102 Functions of department of commerce -- state planning
Status: in_force

90-1-102 . Functions of department of commerce -- state planning. The department of commerce shall:

(1) make economic and social studies needed to accomplish the purposes of this part;

(2) coordinate and assist regional development groups in the comprehensive development of the resources of the region to the betterment of Montana;

(3) assemble and correlate information for the purpose of making long-range plans for economic and resource development of the state and its subdivisions relating to all of the factors that influence the development of new and existing economic enterprises, including taxes and the regulation of industry;

(4) provide advice and assistance to Montana business and labor in the field of economic development and bring to the attention of the governor those significant problems adversely affecting economic development that may be relieved by state action;

(5) locate and maintain information on prime sites for industrial, agricultural, mineral, forestry, commercial, and residential development and on sites of historical importance and make recommendations for protecting and preserving those sites;

(6) apply for, accept, and administer grants from the federal government or other public or private sources to accomplish the objectives of this part and enter into contracts, including agreements with adjoining states, with respect to planning involving adjoining states;

(7) serve as the consultative, coordinating, and advisory agency for state departments, officials, and agencies in state planning and for encouraging and aiding local planning bodies, either directly or by securing planning assistance, consulting services, and technical aid, which may include land use, demographic, and economic studies and surveys and comprehensive plans.
Mont. Code Ann. § 90-6-504 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-504
90-6-504 Reverse annuity mortgage loan program
Status: in_force

90-6-504 . Reverse annuity mortgage loan program. The board may make reverse annuity mortgage loans that are secured by a single-family dwelling located in this state. The loans must be made under terms and conditions adopted by the board pursuant to its authority under 90-6-104 .
Mont. Code Ann. § 90-7-203 — MT Code / Title 90 / Chapter 7 / Part 2 / Section 90-7-203
90-7-203 Staff of authority
Status: in_force

90-7-203 . Staff of authority. The authority may employ or contract for any professional staff or consultants necessary. Such employment and contracting must be done in consultation with the department of commerce.
Mont. Code Ann. § 90-4-1221 — MT Code / Title 90 / Chapter 4 / Part 12 / Section 90-4-1221
90-4-1221 Requirements prior to project construction
Status: in_force

90-4-1221 . Requirements prior to project construction. Prior to starting construction under this part, the governmental body shall enter into a contract or contracts:

(1) with a transmission services provider to interconnect with the transmission or distribution facilities of a utility or cooperative;

(2) that ensure that all ancillary services as required by the control area operator are available to regulate the generation of electricity from the project;

(3) for the sale of electricity from the project; and

(4) with a tribal government for projects being constructed within the exterior boundaries of that tribal government's Indian reservation.
Mont. Code Ann. § 90-6-604 — MT Code / Title 90 / Chapter 6 / Part 6 / Section 90-6-604
90-6-604 Additional terms of program
Status: in_force

90-6-604 . Additional terms of program. (1) The maximum amount of a loan made by the board pursuant to this part is 95% of the value of the statewide allowable purchase price determined by the board pursuant to 90-6-605 .

(2) The board shall require as a condition for a loan that an eligible veteran participate in a first-time home buyer education program approved by the board.

(3) A loan made by the board must be secured by a government guaranty pursuant to rules adopted by the board unless the board determines pursuant to 90-6-605 (2) to allow the use of conventional mortgage insurance requirements and coverage.

(4) An eligible veteran shall participate in a loan by contributing a minimum amount of $2,500 unless the board determines otherwise pursuant to 90-6-605 (2). An eligible veteran may use the minimum contribution toward paying closing costs and may borrow from the veterans' home loan mortgage program the maximum loan amount allowed by the mortgage insurer for the loan.

(5) There is no limit on the maximum amount of income that may be earned by an eligible veteran for the purposes of a loan pursuant to this part.

(6) In order to allow small financial institutions to participate equitably in the program along with large financial institutions, the board shall adopt rules pursuant to 90-6-605 to specify the maximum amount of mortgage loans that may be made by any one participating financial institution.

(7) The legislative auditor must be allowed access to all documentation used for the purpose of the program.

(8) A report describing at least the operation and use of the program must be made by the board to the legislature as provided in 5-11-210 . The report may be combined with other reports by the board or the department of commerce to the legislature.
Mont. Code Ann. § 90-6-507 — MT Code / Title 90 / Chapter 6 / Part 5 / Section 90-6-507
90-6-507 Rulemaking authority
Status: in_force

90-6-507 . Rulemaking authority. The board shall adopt all procedural and substantive rules necessary for the administration of this part, including rules required to secure, implement, and administer the reverse annuity mortgage loan program.
Mont. Code Ann. § 90-4-308 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-308
90-4-308 Governor's considerations
Status: in_force

90-4-308 . Governor's considerations. In determining whether to declare an energy supply alert or energy emergency, the governor shall consider:

(1) availability of regional and national energy resources;

(2) local, state, regional, and national energy needs and shortages;

(3) availability of short-term alternative supplies on a local, state, regional, and national basis;

(4) the economic effect of the declaration and the implementation of any curtailment or conservation plans;

and

(5) any other relevant factors.
Mont. Code Ann. § 90-4-215 — MT Code / Title 90 / Chapter 4 / Part 2 / Section 90-4-215
90-4-215 Account established -- use
Status: in_force

90-4-215 . Account established -- use. (1) There is an energy conservation and energy assistance account within the federal special revenue fund established in 17-2-102 .

(2) The amounts deposited in the account and interest and earnings on the account may be used by the department of public health and human services to fund its low-income energy assistance and home weatherization programs created in 90-4-201 .
Mont. Code Ann. § 90-2-1113 — MT Code / Title 90 / Chapter 2 / Part 11 / Section 90-2-1113
90-2-1113 Evaluation criteria -- priority
Status: in_force

90-2-1113 . Evaluation criteria -- priority. (1) Except as provided in subsection (2), the department shall consider the following criteria in evaluating eligible applications and in selecting projects to be recommended to the governor for funding:

(a) the degree to which the project will provide benefits in its eligibility category or categories;

(b) the degree to which the project will provide public benefits;

(c) the degree to which the project will promote, enhance, or advance the policies and purposes of the reclamation and development grants program;

(d) the degree to which the project will provide for the conservation of natural resources;

(e) the degree of need and urgency for the project;

(f) the extent to which the project sponsor or local entity is contributing to the costs of the project or is generating additional nonstate funds;

(g) the degree to which jobs are created for persons who need job training, receive public assistance, or are chronically unemployed; and

(h) any other criteria that the department considers necessary to carry out the policies and purposes of the reclamation and development grants program.

(2) Subject to the conditions of this part, the department shall give priority to grant requests not to exceed a total of $800,000 for the biennium for abandoned mine reclamation projects. A grant may not be used for personnel costs or general operating expenses.
Mont. Code Ann. § 90-6-108 — MT Code / Title 90 / Chapter 6 / Part 1 / Section 90-6-108
90-6-108 Financing programs of the board
Status: in_force

90-6-108 . Financing programs of the board. The board may:

(1) make loans to lending institutions under terms and conditions adopted by the board requiring the proceeds to be used by the lending institution for the making of mortgage loans for housing developments in the state for persons and families of lower income;

(2) invest in, purchase or make commitments to purchase, and take assignments from lending institutions of notes, mortgages, and other securities evidencing loans for the construction, rehabilitation, purchase, leasing, or refinancing of housing developments for persons and families of lower income in this state, under terms and conditions adopted by the board;

(3) make, undertake commitments to make, and participate in the making of mortgage loans, including federally insured mortgage loans, and make temporary loans and advances in anticipation of permanent mortgage loans to housing sponsors to finance the construction or rehabilitation of housing developments designed and planned for occupancy by persons and families of lower income in this state, under terms and conditions adopted by the board;

(4) make, undertake commitments to make, and participate in the making of loans to persons and families of lower income for housing development under terms and conditions adopted by the board, including without limitation persons and families of lower income who are eligible or potentially eligible for federally insured loans, federal mortgages, or other federal housing assistance, when the board determines that mortgage loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions;

(5) require that loans made to or securities issued by lending institutions shall be additionally secured as to payment of principal and interest by a pledge of and a lien upon collateral security in amounts and consisting of obligations and securities as the board determines necessary to assure prompt payment of loans and interest. Collateral may be required to be lodged with a bank or trust company designated by the board as custodian, or the board may enter into an agreement with the lending institution requiring it to identify and maintain and service the collateral and the income therefrom solely in accordance with the agreement. A copy of each agreement and any revisions or supplements thereto shall be filed with the secretary of state, and no further filing or other action under the Uniform Commercial Code or any other law shall be required to perfect the security interest of the board in the collateral or in any additions or substitutions. The lien and trust is binding from the time it is made against all parties having claims of any kind in tort, contract, or otherwise against the lending institution.
Mont. Code Ann. § 90-4-314 — MT Code / Title 90 / Chapter 4 / Part 3 / Section 90-4-314
90-4-314 Orders to distributors
Status: in_force

90-4-314 . Orders to distributors. The governor may order any distributor to take action on the governor's behalf as may be required to implement orders issued pursuant to 90-4-310 , and a distributor or person is not liable for actions taken in accordance with an order.
Mont. Code Ann. § 90-1-160 — MT Code / Title 90 / Chapter 1 / Part 1 / Section 90-1-160
90-1-160 Purpose
Status: in_force

90-1-160 . Purpose. The purposes of 90-1-160 through 90-1-164 and 90-1-167 through 90-1-169 are to:

(1) assist the state and local governments in identifying, protecting, and promoting heritage and cultural tourism resources;

(2) further support local preservation programs and encourage participation in the Montana historical society Montana-certified local government program, provided for in 90-1-168 ;

(3) enhance the ability of localities and agencies to exhibit and advertise the heritage and cultural tourism resources of the state;

(4) stimulate business investment, assist in retaining existing small businesses, and promote new businesses related to heritage and cultural tourism;

(5) strengthen the local tax base;

(6) create employment opportunities for the people of the state; and

(7) generally enhance the economic viability of communities and regions of the state.
Mont. Code Ann. § 90-2-201 — MT Code / Title 90 / Chapter 2 / Part 2 / Section 90-2-201
90-2-201 Hydrocarbon and geology investigation program -- purpose -- grants
Status: in_force

90-2-201 . Hydrocarbon and geology investigation program -- purpose -- grants. (1) The bureau of mines and geology shall establish a hydrocarbon and geology investigation program to determine the existence of oil and gas deposits in the state. The purposes of the program are to determine if new methods of oil and gas production will improve production in existing oil and gas fields and to locate new fields containing oil and gas resources.

(2) In prioritizing areas to investigate, the bureau of mines and geology shall first consider counties where there exists historical evidence of oil and gas production, including the counties of Blaine, Carter, Chouteau, Custer, Daniels, Dawson, Fallon, Fergus, Garfield, Glacier, Hill, Liberty, McCone, Musselshell, Petroleum, Phillips, Pondera, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Teton, Toole, Treasure, Valley, and Yellowstone.

(3) The bureau of mines and geology may start an investigation when it has sufficient funds to conduct an investigation or in other circumstances the bureau determines appropriate.

(4) (a) Within 1 year of starting an investigation, the bureau of mines and geology shall present the results of the investigation in the form of maps and text to:

(i) the counties included in the investigation;

(ii) the economic affairs interim committee; and

(iii) the environmental quality council.

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

(5) (a) To fulfill the requirements of subsections (1) and (2), the bureau of mines and geology may provide grants to faculty or students of any institution of higher education in the state in the areas of geology, geohydrology, civil engineering, chemical engineering, mechanical engineering, mining engineering, and petroleum engineering.

(b) The bureau of mines and geology shall provide notice of available grants to all institutions of higher education in the state and post notice on its website.

(c) Grant recipients pursuant to this subsection (5) shall report progress to the bureau of mines and geology at least twice a year in a manner determined by the bureau.

(6) The bureau of mines and geology may accept appropriations, gifts, grants, and reimbursements to be used for the purposes of this section.
Mont. Code Ann. § 90-6-605 — MT Code / Title 90 / Chapter 6 / Part 6 / Section 90-6-605
90-6-605 Rules to be adopted by board
Status: in_force

90-6-605 . Rules to be adopted by board. (1) The board shall adopt rules pursuant to the Montana Administrative Procedure Act necessary for administration of the program, including rules:

(a) specifying which financial institutions may be participating financial institutions;

(b) specifying underwriting criteria for a program loan, such as minimum down payment, credit score, ratios of housing expense and of all reoccurring debt as a percentage of income of the borrower, and exceptions to those criteria;

(c) specifying the statewide allowable purchase price of a home for the purposes of the program;

(d) specifying the security required for a mortgage loan financed by the program;

(e) providing the legislative auditor with access to records of participating financial institutions regarding loans made pursuant to this part;

(f) governing the loan application process;

(g) specifying the maximum servicing fees and origination fee that may be charged by a participating financial institution; and

(h) other loan conditions determined to be necessary by the board.

(2) The board may adopt rules pursuant to the Montana Administrative Procedure Act changing any of the following provisions if the board determines a change is necessary to carry out the purposes of the program:

(a) the definition of eligible veteran in 90-6-602 ;

(b) the security for a loan provided in 90-6-604 ; and

(c) the requirements for minimum participation for the eligible veteran provided for in 90-6-604 .