reglab/housing_qa huggingface dataset:
MT Code § 90-4-1110 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 11. Local Government and State Agency Energy Performance Contracts|90-4-1110. Duties and authority of department

  90-4-1110. Duties and authority of department. (1) The department shall establish an energy performance contract program for governmental entities. The department shall:   (a) solicit, evaluate, and maintain a list of qualified energy service providers;   (b) develop a process to disqualify and remove from the list energy service providers who do not comply with qualifications established;   (c) enter into agreements with qualified energy service providers to provide services in accordance with this part;   (d) establish reporting requirements for qualified energy service providers;   (e) develop a model energy performance contract process and documents; and   (f) assist governmental entities interested in pursuing energy performance contracts by providing technical assistance and educational programs and by maintaining a website.   (2) The department may develop recommended best practices for:   (a) evaluating energy performance proposals and awarding energy performance contracts;   (b) measuring and verifying guaranteed cost savings and cost-effectiveness;   (c) identifying a variety of options to determine the amount of project costs to be covered by guaranteed cost savings;   (d) calculating guaranteed cost savings;   (e) measuring energy cost savings and verification;   (f) determining the cost-effectiveness of the energy performance contract when using an unguaranteed utility unit price escalation rate; and   (g) determining an unguaranteed utility unit price escalation rate.   (3) The department may adopt rules for the implementation of this part.   History: En. Sec. 1, Ch. 344, L. 2015; amd. Sec. 2, Ch. 311, L. 2019.
MT Code § 90-4-1111 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 11. Local Government and State Agency Energy Performance Contracts|90-4-1111. List of qualified energy service providers eligible for energy performance contracts

  90-4-1111. List of qualified energy service providers eligible for energy performance contracts. (1) At least every 5 years, the department shall issue a request for qualifications for energy service providers interested in entering into energy performance contracts with governmental entities. An energy service provider may submit qualifications to the department at any time, and the department shall review the submission for potential inclusion on its list of qualified energy service providers.   (2) The department shall evaluate qualifications for qualified energy service providers on the basis of:   (a) knowledge and experience with:   (i) design, engineering, installation, maintenance, and repairs associated with energy performance contracts;   (ii) conversion to a different fuel source associated with a comprehensive energy efficiency retrofit;   (iii) postinstallation project monitoring, data collection, and reporting of guaranteed cost savings;   (iv) overall project management; and   (v) projects of similar size and scope;   (b) ability to guarantee cost-effectiveness and to access long-term financing;   (c) financial stability; and   (d) other factors determined by the department.   (3) The department shall maintain a list of qualified energy service providers who meet the requirements of subsection (2).   (4) The department shall notify energy service providers who submitted qualifications in accordance with subsection (1) whether they meet the requirements of this part and are qualified energy service providers.   History: En. Sec. 2, Ch. 344, L. 2015.
MT Code § 90-4-1112 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 11. Local Government and State Agency Energy Performance Contracts|90-4-1112. Selection of qualified energy service providers

  90-4-1112. Selection of qualified energy service providers. (1) Before selecting an energy service provider, a governmental entity shall solicit a request for proposals from a minimum of three qualified energy service providers. The governmental entity may select the qualified energy service provider determined by the governmental entity to best meet the needs of the governmental entity. The qualified energy service provider selected is not required to have submitted the proposal with the lowest cost.   (2) In selecting a qualified energy service provider, a governmental entity shall consider:   (a) experience with:   (i) design, engineering, and installation of cost-saving measures;   (ii) overall project management;   (iii) projects of similar size and scope;   (iv) postinstallation measurement and verification of guaranteed cost savings;   (v) in-state projects and Montana-based subcontractors;   (vi) commissioning of projects;   (vii) training of building operators; and   (viii) conversions to a different fuel source; and   (b) quality of technical approach.   History: En. Sec. 3, Ch. 344, L. 2015; amd. Sec. 3, Ch. 311, L. 2019.
MT Code § 90-4-1113 (2021)
2021 Montana Code Annotated|Title 90. Planning, Research, and Development|Chapter 4. Energy Development and Conservation|Part 11. Local Government and State Agency Energy Performance Contracts|90-4-1113. Investment-grade energy audits

  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.   History: En. Sec. 4, Ch. 344, L. 2015; amd. Sec. 4, Ch. 311, L. 2019.
MT Code § 90-4-1201 (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|90-4-1201. Short title

  90-4-1201. Short title. This part may be cited as the "Montana Clean Renewable Energy Bond Act".   History: En. Sec. 1, Ch. 378, L. 2007.
MT Code § 90-4-1203 (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|90-4-1203. Authority to acquire, construct, and operate projects

  90-4-1203. Authority to acquire, construct, and operate projects. A governmental body may:   (1) acquire, construct, reconstruct, extend, or improve a project within or outside of the boundaries of the governmental body or partially within or partially outside the boundaries of the governmental body;   (2) acquire any interest in or any right to capacity of a project and acquire by gift, purchase, or lease land or rights in land or other real or personal property that is necessary for the ownership, operation, or maintenance of a project;   (3) operate and maintain a project to provide electricity for its own use and, to the extent that production is in excess of its own requirements, sell the production to:   (a) a party allowed to choose an electricity supplier under 69-8-201;   (b) a public utility or cooperative;   (c) through June 30, 2009, a public utility under a qualifying contract governed by Title 69, chapter 3, part 6, if:   (i) the commission determines that adequate ancillary services are available for increases in the amount of intermittent generation resources connected to the transmission grid;   (ii) the cost of any ancillary services provided to the generator by the public utility can be adjusted to reflect actual costs, the costs are deductible by the public utility from the price of electricity paid to the generator, and adjustments may be made as frequently as every 12 months; and   (iii) the public utility can refuse acceptance of electricity from the generator when the loss of ancillary services threatens system reliability or the public utility is unable to purchase sufficient ancillary services to meet its obligations, subject to 90 days' written notice to the generator;   (d) a competitive electricity supplier; or   (e) an out-of-state purchaser;   (4) prescribe and collect rates, fees, and charges for the services and facilities furnished by a project;   (5) enter into and perform contracts and agreements that are necessary for the planning, construction, lease, operation, and maintenance of a project and the sale, transmission, distribution, or exchange of the electricity generated from the project on terms and for a period of time that its governing authority may determine;   (6) contract with a person or entity, within or outside the state, for the construction of a project, for the sale or transmission of electricity generated by a project, or for any interest in the project or any right to capacity of the project on terms and conditions that its governing authority may determine.   History: En. Sec. 3, Ch. 378, L. 2007.
MT Code § 90-4-1204 (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|90-4-1204. Cooperation among governmental bodies

  90-4-1204. Cooperation among governmental bodies. (1) Two or more governmental bodies through their respective governing authorities may enter into interlocal or joint power agreements in accordance with Title 7, chapter 11, part 1, to facilitate project financing, acquisition, construction, operation, and maintenance and to provide related services including the sale and purchase of electricity.   (2) Governmental bodies that enter into agreements pursuant to subsection (1) may:   (a) authorize a board, commission, or other body to supervise, manage, or operate a project and may prescribe its powers and duties and fix the compensation of the members of the body supervising, managing, or operating the project; or   (b) hire a private party to supervise, manage, and operate the project on behalf of the governmental bodies.   History: En. Sec. 4, Ch. 378, L. 2007.
MT Code § 90-4-1205 (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|90-4-1205. Authority to issue revenue bonds

  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.   History: En. Sec. 5, Ch. 378, L. 2007.
MT Code § 90-4-1206 (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|90-4-1206. Determination of cost

  90-4-1206. Determination of cost. The governing authority of a governmental body, in determining the cost of a project to be financed by the issuance of revenue bonds pursuant to 90-4-1205, may include:   (1) engineering, inspection, fiscal, and legal expenses;   (2) interest estimated to accrue during the construction period of the project and for up to 6 months after the construction period on borrowed funds; and   (3) costs of issuance of the revenue bonds and the funding of a debt service reserve to secure the revenue bonds.   History: En. Sec. 6, Ch. 378, L. 2007.
MT Code § 90-4-1207 (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|90-4-1207. Nature of revenue bonds

  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.   History: En. Sec. 7, Ch. 378, L. 2007.
MT Code § 90-4-1208 (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|90-4-1208. Authority to issue other bonds

  90-4-1208. Authority to issue other bonds. If the principal amount of clean renewable energy bonds, as limited by the Internal Revenue Code, is insufficient to finance all costs of a project as determined pursuant to 90-4-1206, the governmental body may issue bonds to finance those costs and the costs of issuance of those bonds as:   (1) additional revenue bonds pursuant to 90-4-1205;   (2) obligations under 7-7-4104; or   (3) general obligations of a governmental body, provided that the issuance of the bonds are submitted to the electors of the governmental body as required by law.   History: En. Sec. 8, Ch. 378, L. 2007.
MT Code § 90-4-1209 (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|90-4-1209. Use of revenue from project

  90-4-1209. Use of revenue from project. (1) A governmental body issuing bonds or entering into a contract pursuant to this part with respect to a project may appropriate, apply, or expend the revenue of the project for the following purposes:   (a) to pay when due all bonds and interest on the bonds or amounts owing under contracts for the payment of the revenue that is or has been pledged, charged, or otherwise encumbered, including reserves;   (b) to provide for all expenses of operation and maintenance of the project, including reserves;   (c) to pay and discharge bonds and interest on the bonds or amounts under contracts not issued or entered into under this part for which the revenue of the project is or has been pledged, charged, or encumbered;   (d) to pay and discharge bonds and interest on the bonds that do not constitute a lien, charge, or encumbrance on the revenue of the project and that have been issued for the purpose of financing the acquisition, purchase, construction, reconstruction, improvement, or extension of the project; and   (e) to provide a reserve for improvements to the project.   (2) A governing authority shall fulfill the requirements of subsection (1) before the governing authority may transfer any of the revenue of the project to its general fund.   History: En. Sec. 9, Ch. 378, L. 2007.
MT Code § 90-4-1210 (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|90-4-1210. Covenants in resolution of authorizing issuance of bonds

  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.   History: En. Sec. 10, Ch. 378, L. 2007.
MT Code § 90-4-1211 (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|90-4-1211. through 90-4-1215 reserved

  90-4-1211 through 90-4-1215 reserved.
MT Code § 90-4-1216 (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|90-4-1216. Remedies

  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.   History: En. Sec. 11, Ch. 378, L. 2007.
MT Code § 90-4-1217 (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|90-4-1217. Presumptions of validity of bonds

  90-4-1217. Presumptions of validity of bonds. (1) Bonds issued under this part bearing the signatures of officers in office on the date of the signing of the bonds are valid and binding obligations even if, before bond delivery and payment, the persons whose signatures appear on the bonds are no longer officers of the governmental body issuing the bonds.   (2) The validity of the bonds is not dependent on or affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, or extension of the project for which the bonds are issued.   (3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part and that the recital is conclusive evidence of the bonds' validity and of the regularity of the bonds' issuance.   History: En. Sec. 12, Ch. 378, L. 2007.
MT Code § 90-4-1218 (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|90-4-1218. Liens arising from bonds or contracts -- mortgages

  90-4-1218. Liens arising from bonds or contracts -- mortgages. (1) A resolution or contract must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bonds or amounts payable under the contract and the relative security of liens on the revenue in favor of bonds of one or more series or issues, whether issued concurrently or at different times, or in favor of different contracts, whether entered into concurrently or at different times.   (2) A governmental body may mortgage, pledge, and assign any or all of the real and personal property comprising a project to secure payment of bonds, contracts, or other obligations issued or incurred under this part.   History: En. Sec. 13, Ch. 378, L. 2007.
MT Code § 90-4-1219 (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|90-4-1219. Sale of bonds

  90-4-1219. Sale of bonds. Bonds issued under this part may be incurred or sold at public or private sale on terms and at prices that the governing authority determines to be advantageous.   History: En. Sec. 14, Ch. 378, L. 2007.
MT Code § 90-4-1220 (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|90-4-1220. Interim receipts or certificates

  90-4-1220. Interim receipts or certificates. Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions as the governing authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable as provided in the Uniform Commercial Code.   History: En. Sec. 15, Ch. 378, L. 2007.
MT Code § 90-4-1221 (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|90-4-1221. Requirements prior to project construction

  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.   History: En. Sec. 16, Ch. 378, L. 2007.