reglab/housing_qa huggingface dataset:
MT Code § 90-4-1222 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 12. Montana Clean Renewable Energy Bond Act|90-4-1222. Prohibition on construction, ownership, and operation of powerlines

  90-4-1222. Prohibition on construction, ownership, and operation of powerlines. (1) This part does not authorize a governmental body to:   (a) construct, own, or operate electricity distribution or transmission facilities; or   (b) use the proceeds from bonds under this part to construct, own, or operate electricity distribution or transmission facilities.   (2) Subsections (1)(a) and (1)(b) do not apply to electrical lines connecting component parts within the perimeter of an electric generation facility or to a dedicated tie line between an electric generation facility and the transmission grid or the point of use by the governmental body.   History: En. Sec. 17, Ch. 378, L. 2007.
MT Code § 90-4-1223 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 12. Montana Clean Renewable Energy Bond Act|90-4-1223. Interpretation

  90-4-1223. Interpretation. (1) The powers conferred in this part are in addition and supplemental to the powers conferred by any other general, special, or local law.   (2) If the provisions of this part are inconsistent with the provisions of any other general, special, or local law, the provisions of this part are controlling.   History: En. Sec. 18, Ch. 378, L. 2007.
MT Code § 90-4-1301 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 13. Commercial Property-Assessed Capital Enhancements Act|90-4-1301. Short title

  90-4-1301. (Effective January 1, 2022) Short title. This part may be cited as the "Commercial Property-Assessed Capital Enhancements Act of Montana".  History: En. Sec. 1, Ch. 444, L. 2021.
MT Code § 90-4-1303 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 13. Commercial Property-Assessed Capital Enhancements Act|90-4-1303. Duties of authority related to community property-assessed capital enhancements program -- rulemaking

  90-4-1303. (Effective January 1, 2022) Duties of authority related to community property-assessed capital enhancements program -- rulemaking. (1) As resources allow, the authority shall provide administrative support to local governments for the administration of the commercial property-assessed capital enhancements program and establish a plan in accordance with 90-4-1305.  (2) If the authority adopts rules in accordance with 90-7-202 to administer the commercial property-assessed capital enhancements program, the authority shall consult with local and county governments and the commercial lending industry, including bank and credit union representatives, on the content of the rules.   (3) The authority shall provide a report to the legislature in accordance with 5-11-210 describing the fees related to the program, administrative costs, the number of properties that are part of a commercial property-assessed capital enhancements program, and the scope of projects in the program:   (a) in 2024; and   (b) every 5 years after the report is initially provided in subsection (3)(a).   History: En. Sec. 3, Ch. 444, L. 2021.
MT Code § 90-4-1304 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 13. Commercial Property-Assessed Capital Enhancements Act|90-4-1304. Program authorized -- contracts

  90-4-1304. (Effective January 1, 2022) Program authorized -- contracts. (1) In accordance with 90-4-1305 and 90-4-1306, a governing body may establish a commercial property-assessed capital enhancements program and may create a district or districts under the program.  (2) (a) The governing body may enter into a contract with a record owner of real property within a district to finance one or more energy conservation projects on the real property included in a district in accordance with this part.   (b) The contract may provide for the repayment of the cost of an energy conservation project through an assessment in accordance with 90-4-1307 on real property. The financing to be repaid through assessments must be provided by a third party.   (c) Financing may include the cost of materials and labor necessary for the installation or modification of energy conservation projects, permit fees, inspection fees, application and administrative fees, bank fees, and all other fees incurred by the record owner for the energy conservation project on a specific or pro rata basis, as determined by the governing body.   History: En. Sec. 4, Ch. 444, L. 2021.
MT Code § 90-4-1306 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 13. Commercial Property-Assessed Capital Enhancements Act|90-4-1306. Establishment of program

  90-4-1306. (Effective January 1, 2022) 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 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).   History: En. Sec. 6, Ch. 444, L. 2021.
MT Code § 90-4-1307 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 13. Commercial Property-Assessed Capital Enhancements Act|90-4-1307. Assessments

  90-4-1307. (Effective January 1, 2022) Assessments. (1) (a) A local government may impose an assessment under a commercial property-assessed capital enhancements program pursuant to a written contract with the record owner of the real property to be assessed.  (b) The term of the assessment may not exceed the useful life of an energy conservation project paid for by the assessment.   (2) Before entering into a contract with a record owner under a program, the local government shall verify that:   (a) delinquent taxes, special assessments, or water or sewer charges are not due on the real property; and   (b) delinquent assessments on the real property under a commercial property-assessed capital enhancements program are not due.   (3) (a) An assessment imposed under a commercial property-assessed capital enhancements program, including any interest on the assessment and any penalty, constitutes a program lien against the real property on which the assessment is imposed from the date of the assessment until the assessment, including any interest or penalty, is paid in full. The lien is for outstanding assessments only, runs with the real property, and has the same priority and status as other property tax and assessment liens.   (b) A governing body has the same rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest and penalty, is paid, the lien must be removed from the real property.   (4) (a) Except as provided in subsection (4)(b), installments of assessments due under a program must be included in each tax bill issued under 15-16-101 and must be collected at the same time and in the same manner as taxes collected under Title 15, chapter 16.   (b) Installments may be billed and collected as provided in a special assessment ordinance of general applicability adopted by a local government.   History: En. Sec. 7, Ch. 444, L. 2021.
MT Code § 90-4-1308 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 13. Commercial Property-Assessed Capital Enhancements Act|90-4-1308. Joint programs

  90-4-1308. (Effective January 1, 2022) Joint programs. (1) A local government may join with another local government or with any person by contract or otherwise to implement a commercial property-assessed capital enhancements program in whole or in part.  (2) If a commercial property-assessed capital enhancements program is implemented jointly by two or more local governments, a single public hearing held jointly by the local governments meets the requirements of 90-4-1306.   History: En. Sec. 8, Ch. 444, L. 2021.
MT Code § 90-5-102 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-102. General municipal and county powers

  90-5-102. General municipal and county powers. (1) In addition to any other powers which it may now have, each municipality and each county may:   (a) acquire, by construction, purchase, devise, gift, or lease or any combination of such methods, one or more projects located within this state. The projects may be located within, without, or partially within and partially without the municipality or county.   (b) lease to others any or all of its projects for such rentals and upon such terms and conditions, consistent with the provisions of this part, as the governing body considers advisable;   (c) enter into agreements, upon terms the governing body considers advisable and not in conflict with the provisions of this part, to loan the proceeds of its revenue bonds to others for the purpose of defraying the cost of acquiring or improving any project;   (d) issue revenue bonds for the purpose of defraying the cost of acquiring or improving any project or projects and secure the payment of such bonds as provided in this part. The revenue bonds may be issued in two or more series or issues where considered advisable, and each such series or issue may contain different maturity dates, interest rates, priorities on revenues available for payment of the bonds, priorities on securities available for guaranteeing payment thereof, and such other differing terms and conditions as are considered necessary and are not in conflict with the provisions of this part; and   (e) sell and convey any real or personal property acquired as provided by subsection (1)(a) of this section and make any order respecting it as may be conducive to the best interest of the municipality or county, provided that such sale or conveyance shall be subject to the terms of any lease but shall be free and clear of any other encumbrance.   (2) No municipality or county may operate any project financed by the sale of revenue bonds as a business or in any manner except as the lessor thereof. No municipality or county may acquire any such project or any part thereof by condemnation.   History: En. Sec. 2, Ch. 51, L. 1965; R.C.M. 1947, 11-4102; amd. Sec. 3, Ch. 51, L. 1979; amd. Sec. 2, Ch. 656, L. 1979.
MT Code § 90-5-104 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-104. Hearing

  90-5-104. Hearing. (1) Prior to the issuance of any bonds under the authority of this part by any municipality or county to pay the costs of acquiring or improving a project, the governing body shall give notice and hold a public hearing on the proposed project. At least once a week for 3 consecutive weeks prior to the date set for the hearing, the governing body shall publish in a newspaper of general circulation in the municipality or county a notice of the time and place of the hearing, the general nature of the project, the name of the lessee, borrower, or user of the project, and the estimated cost of the project. The governing body may not issue the bonds to pay the costs of acquiring or improving a project unless it appears after the public hearing that the acquisition or improvement of the project is in the public interest of the municipality or county.   (2) The provisions of subsection (1) do not apply to refunding bonds issued under 90-5-107 to refund bonds issued to pay the costs of acquiring or improving a project as to which a hearing was held under subsection (1).   History: En. Sec. 3, Ch. 51, L. 1965; amd. Sec. 1, Ch. 304, L. 1974; R.C.M. 1947, 11-4103(5); amd. Sec. 4, Ch. 656, L. 1979; amd. Sec. 2, Ch. 376, L. 1981.
MT Code § 90-5-106 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-106. Determination of costs -- terms of lease

  90-5-106. Determination of costs -- terms of lease. (1) Prior to the leasing of any project or entering into a loan agreement concerning a project, the governing body must determine and find the following:   (a) the amount necessary to pay the principal of and the interest on the bonds proposed to be issued to finance such project;   (b) the amount necessary to be paid into any reserve funds which the governing body may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project including taxes; and   (c) the estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms of the lease or loan agreement provide that the lessee or borrower shall maintain the project and carry all proper insurance with respect thereto.   (2) The determinations and findings of the governing body required to be made by subsection (1) shall be set forth in the proceedings under which the proposed bonds are to be issued. Prior to the issuance of any bonds authorized by this part, the municipality or county shall lease the project to a lessee or lessees or enter into a loan agreement with a borrower under a lease or loan agreement conditioned upon completion of the project by the lessees or borrowers and providing for payment to the municipality or county of such rentals or payments as, upon the basis of such determinations and findings, will be sufficient to:   (a) pay the principal of and interest on the bonds issued to finance the project;   (b) pay the taxes on the project;   (c) build up and maintain any reserves deemed by the governing body to be advisable in connection therewith; and   (d) pay the costs of maintaining the project in good repair and keeping it properly insured, unless the lease or loan agreement obligates the lessees or borrowers to pay for the maintenance and insurance of the project.   (3) Subject to the limitations of this part, the lease, loan agreement, or extensions or modifications thereof may contain such other terms and conditions as may be mutually acceptable to the parties and, notwithstanding any other provisions of law relating to the sale of property owned by municipalities and counties, an option may be granted to a lessee to purchase the project on such terms and conditions as may be mutually acceptable to the parties.   History: En. Sec. 5, Ch. 51, L. 1965; R.C.M. 1947, 11-4105; amd. Sec. 6, Ch. 656, L. 1979.
MT Code § 90-5-108 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-108. Use of proceeds of bond sales

  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.   History: En. Sec. 7, Ch. 51, L. 1965; amd. Sec. 2, Ch. 234, L. 1975; R.C.M. 1947, 11-4107(part); amd. Sec. 7, Ch. 656, L. 1979; amd. Sec. 2, Ch. 4, Sp. L. March 1986; amd. Sec. 2, Ch. 353, L. 2001.
MT Code § 90-5-109 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-109. Cost of projects

  90-5-109. Cost of projects. The cost of acquiring or improving any project shall be deemed to include the following:   (1) the actual cost of acquiring or improving real estate for any project;   (2) the actual cost of construction of all or any part of a project which may be constructed, including architects' and engineers' fees;   (3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition or improvement;   (4) bond reserves and premiums for insurance of lease rentals pledged to pay the bonds; and   (5) the interest on such bonds for a reasonable time prior to construction, during construction, and for not exceeding 6 months after completion of construction.   History: En. Sec. 7, Ch. 51, L. 1965; amd. Sec. 2, Ch. 234, L. 1975; R.C.M. 1947, 11-4107(part).
MT Code § 90-5-110 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-110. Taxation of projects

  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.   History: En. Sec. 8, Ch. 51, L. 1965; R.C.M. 1947, 11-4108; amd. Sec. 10, Ch. 239, L. 1983.
MT Code § 90-5-111 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-111. Powers cumulative

  90-5-111. Powers cumulative. Neither this part nor anything herein contained shall be construed as a restriction or limitation upon any powers which a municipality or county might otherwise have under any laws of this state but shall be construed as cumulative.   History: En. Sec. 9, Ch. 51, L. 1965; R.C.M. 1947, 11-4109.
MT Code § 90-5-112 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-112. Economic development levy

  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.   History: En. 11-4111 by Sec. 1, Ch. 311, L. 1975; amd. Sec. 32, Ch. 566, L. 1977; R.C.M. 1947, 11-4111; amd. Sec. 2, Ch. 5, Sp. L. June 1989; amd. Sec. 1, Ch. 457, L. 1991; amd. Sec. 1, Ch. 386, L. 1993; amd. Sec. 1, Ch. 279, L. 1995; amd. Sec. 163, Ch. 584, L. 1999; amd. Sec. 33, Ch. 495, L. 2001; amd. Sec. 243, Ch. 574, L. 2001.
MT Code § 90-5-113 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 5. Secondary Industry and Commercial Development|Part 1. Industrial Development Projects|90-5-113. Advice and information by department of commerce

  90-5-113. Advice and information by department of commerce. The department of commerce shall furnish advice and information in connection with a project when requested to do so by a county or municipality.   History: En. Sec. 10, Ch. 51, L. 1965; amd. Sec. 56, Ch. 348, L. 1974; amd. Sec. 21, Ch. 213, L. 1975; R.C.M. 1947, 11-4110; amd. Sec. 6, Ch. 274, L. 1981.