reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 2. Home Weatherization Programs › 90-4-211. Repealed

90-4-211. Repealed.
Sec. 32, Ch. 561, L. 1993.
History: En. Sec. 4(6), HB 621, L. 1987.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 2. Home Weatherization Programs › 90-4-215. Account established -- use

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.
History: En. Sec. 3, HB 621, L. 1987; amd. Sec. 564, Ch. 546, L. 1995; amd. Sec. 35, Ch. 389, L. 1999; amd. Sec. 1, Ch. 4, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-301. Legislative findings and intent

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.
History: En. Sec. 1, Ch. 473, L. 1979; amd. Sec. 1, Ch. 204, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-304. Supply of vital public services during an energy supply alert and energy emergency

90-4-304. Supply of vital public services during an energy supply alert and energy emergency.
The governor shall, with the advice of the committee, in developing provisions for the allocation, conservation, and consumption of energy, give due consideration to supplying vital public services such as essential governmental operations, health and safety functions, emergency services, public mass transportation systems, food production and processing facilities, and energy supply facilities during conditions of an energy supply alert or energy emergency. In developing any energy allocation programs, provisions shall be made for the equitable distribution of energy among the geographic areas of the state which are experiencing an energy shortage.
History: En. Sec. 4, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-306. Advice of distributors and consumers

90-4-306. Advice of distributors and consumers.
The governor shall actively solicit the advice of consumers, through the legislative consumer committee established in 5-15-101, and of distributors throughout the information gathering, planning, and implementation process described in this part.
History: En. Sec. 6, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-307. Submission and approval of curtailment plans

90-4-307. Submission and approval of curtailment plans.
(1) The governor may at any time require a distributor of an energy resource to prepare for the governor's approval a plan for the curtailment of the distribution of that resource in the event of a state of energy emergency. Plans must be submitted in the form and within limits that the governor shall specify and must recognize the obligations and duties that may be placed upon distributors subject to this part by other jurisdictions, both state and federal.
(2) Approval of plans for curtailment must be based on the following factors:
(a) the consistency of the plan with the public health, safety, and welfare;
(b) the technical feasibility of implementation of the plan;
(c) the effectiveness with which the plan minimizes the impact of any curtailment;
(d) the needs of commercial, agricultural, retail, professional, and service establishments whose normal function is to supply goods or services, or both, of an essential nature, including but not limited to food, lodging, fuel, and medical care facilities; and
(e) the regional agreements or contracts of the distributors.
History: En. Sec. 7, Ch. 473, L. 1979; amd. Sec. 76, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-308. Governor's considerations

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.
History: En. Sec. 8, Ch. 473, L. 1979; amd. Sec. 77, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-309. Energy supply alert

90-4-309. Energy supply alert.
(1) The governor may, upon finding that an energy alert condition exists, declare an energy alert for a period of not longer than 90 days, setting forth the reasons for the alert. The declaration may be renewed for 90-day periods upon a finding that the energy alert condition will continue for the further period.
(2) Whenever the governor has declared an energy supply alert, the governor may by executive order direct actions:
(a) reducing energy resource usage by state agencies and political subdivisions;
(b) promoting conservation, prevention of waste, and salvage of energy resources and the materials, services, and facilities derived from energy resources or dependent on energy resources by state agencies and political subdivisions.
History: En. Sec. 9, Ch. 473, L. 1979; amd. Sec. 2869, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-311. Obligations of state and local executives

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.
History: En. Sec. 11, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-312. Coordination with federal provisions

90-4-312. Coordination with federal provisions.
In order to attain uniformity, as far as is practicable throughout the country in measures taken to aid in energy crisis management, all action taken under this part and all orders and rules made pursuant to it shall be taken or made with due consideration for and consistent when practicable with the orders, rules, actions, recommendations, and requests of federal authorities.
History: En. Sec. 12, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-313. Compliance

90-4-313. Compliance.
Notwithstanding any provision of law or contract to the contrary, all persons who are specifically ordered by the governor to comply with an order issued or action taken pursuant to this part shall comply. A proceeding or project that is commenced under an energy emergency may proceed to completion even if the completion occurs after the termination of the emergency.
History: En. Sec. 13, Ch. 473, L. 1979; amd. Sec. 79, Ch. 545, L. 1995; amd. Sec. 3, Ch. 593, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-314. Orders to distributors

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.
History: En. Sec. 14, Ch. 473, L. 1979; amd. Sec. 2870, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-315. Liability

90-4-315. Liability.
No distributor or person is liable for damages to persons or property resulting from action taken in accordance with orders or rules issued pursuant to this part or actions taken pursuant to orders, rules, actions, recommendations, and requests of federal authorities.
History: En. Sec. 15, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-316. Rules and executive orders

90-4-316. Rules and executive orders.
Notwithstanding the exemption from the provisions of the Montana Administrative Procedure Act granted to the governor in Title 2, chapter 4, MCA, the governor may adopt rules necessary to implement this part and cause their adoption and publication to be completed in the same manner as the adoption and publication of agency rules. In addition, executive orders of the governor implementing provisions of this part shall be published in the Montana Administrative Register upon request of the governor.
History: En. Sec. 16, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-317. Disaster and emergency laws supplemented

90-4-317. Disaster and emergency laws supplemented.
The powers vested in the governor under this part are in addition to and not in lieu of emergency powers vested in the governor under Title 10, chapter 3, or any other law of Montana.
History: En. Sec. 17, Ch. 473, L. 1979; amd. Sec. 2871, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-318. Governor may authorize expenditure

90-4-318. Governor may authorize expenditure.
The governor may authorize the incurring of liabilities and expenses to be paid as other claims against the state from the general fund, in the amount necessary, when an energy emergency is declared by the governor and justifies the expenditure as set forth in 10-3-311 for other emergency or disaster expenditures.
History: En. Sec. 18, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 3. Energy Supply Emergency Powers › 90-4-319. Penalties

90-4-319. Penalties.
A person convicted of violating this part is guilty of a misdemeanor. Each day of violation, after notice of violation, constitutes a separate offense.
History: En. Sec. 19, Ch. 473, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 4. Pacific Northwest Electric Power and Conservation Planning Council › 90-4-401. Agreement to pacific northwest electric power and conservation planning council

90-4-401. Agreement to pacific northwest electric power and conservation planning council.
The state of Montana agrees through this part and through the appointment of persons as provided in this part to formation of and participation in the pacific northwest electric power and conservation planning council, hereafter referred to in this part as "the council", and to the performance of the functions and duties of the council as provided in the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501).
History: En. Sec. 1, Ch. 50, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 4. Pacific Northwest Electric Power and Conservation Planning Council › 90-4-402. Appointment of council members by governor

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.
History: En. Sec. 2, Ch. 50, L. 1981; amd. Sec. 1, Ch. 176, L. 2017.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 4. Pacific Northwest Electric Power and Conservation Planning Council › 90-4-403. Duties of council members

90-4-403. Duties of council members.
The council members shall:
(1) undertake the functions and duties prescribed by Public Law 96-501 and in applicable state law, including engaging with utilities receiving their power supply from the Bonneville power administration to promote an adequate, economical, and reliable power supply;
(2) serve on a full-time basis; and
(3) prepare and provide an annual report to the governor and to the legislature, as required by 5-11-210, and to each utility located in Montana receiving its power supply from the Bonneville power administration. The report must be completed by December 1 of each year and must detail council actions during the previous 12 months and the impacts of those actions on Montana utilities and residents receiving their power supply from the Bonneville power administration.
History: En. Sec. 3, Ch. 50, L. 1981; amd. Sec. 1, Ch. 98, L. 1985; amd. Sec. 2, Ch. 176, L. 2017.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 4. Pacific Northwest Electric Power and Conservation Planning Council › 90-4-404. Compensation of council members

90-4-404. Compensation of council members.
Each member shall receive compensation to be determined by the governor, in consultation with the governors of the participating states, and according to applicable federal law.
History: En. Sec. 4, Ch. 50, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 4. Pacific Northwest Electric Power and Conservation Planning Council › 90-4-405. Council members to hold public hearings in areas affected by acquisition of major resources

90-4-405. Council members to hold public hearings in areas affected by acquisition of major resources.
(1) Whenever the northwest conservation and electric power plan or any amendment to the plan calls for the acquisition of major resources, as defined in 16 U.S.C. 839a, from an area of Montana east of the continental divide, the Montana council members shall hold at least one public hearing in the geographic area from which the major resources are proposed to be acquired and that will be affected by the proposed acquisition.
(2) The Montana council members shall request the participation of the other members of the council in conducting the public hearing required under subsection (1).
(3) The Montana council members shall give notice in a newspaper of general circulation in the area affected by the proposed acquisition of major resources at least 2 weeks before the public hearing required by subsection (1). The public hearing must be held at least 30 days before any final decision is made to incorporate into the plan the acquisition of major resources from the affected area.
History: En. Sec. 1, Ch. 335, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 5. Residential Conservation Service (Repealed) › 90-4-501. Repealed

90-4-501. Repealed.
Sec. 1, Ch. 184, L. 1993.
History: En. Sec. 1, Ch. 137, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 5. Residential Conservation Service (Repealed) › 90-4-502. Repealed

90-4-502. Repealed.
Sec. 1, Ch. 184, L. 1993.
History: En. Sec. 2, Ch. 137, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 5. Residential Conservation Service (Repealed) › 90-4-503. Repealed

90-4-503. Repealed.
Sec. 1, Ch. 184, L. 1993.
History: En. Sec. 3, Ch. 137, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 5. Residential Conservation Service (Repealed) › 90-4-504. Repealed

90-4-504. Repealed.
Sec. 1, Ch. 184, L. 1993.
History: En. Sec. 4, Ch. 137, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-602. Definitions

90-4-602. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Board" means the board of examiners provided for in 2-15-1007.
(2) "Cost" includes the expenses related to planning, design, construction, and installation of energy conservation improvements and any administrative expenses of the department incurred in the performance of its duties under the energy conservation program.
(3) "Department" means the department of environmental quality provided for in 2-15-3501.
(4) "Energy conservation program" means a program for the financing, acquisition, construction, and installation of alternative energy systems, as defined in 15-32-102, or equipment, systems, and improvements in state-owned buildings, structures, and facilities that save energy or water.
(5) "Energy conservation program bonds" includes all series of bonds issued to finance any portion of the energy conservation program.
(6) "Energy cost savings" means the savings in utility costs to a state agency as a result of an energy conservation program.
(7) "Participating state agency" means, for a state-owned building, structure, or facility, the state agency that pays for the utilities for that building.
(8) "State agency" means:
(a) each executive, legislative, or judicial branch department, office, or agency;
(b) the university system; and
(c) a community college district.
History: En. Sec. 2, Ch. 473, L. 1989; amd. Sec. 493, Ch. 418, L. 1995; amd. Sec. 1, Ch. 497, L. 2003; amd. Sec. 15, Ch. 478, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-605. Preparation of energy conservation program

90-4-605. Preparation of energy conservation program.
(1) The department shall identify buildings that have a potential for energy savings, based on age, energy use, function, and condition of the building. Upon request of the department, a state agency shall provide the department with information necessary to allow the department 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 department shall select certain facilities for indepth energy analyses to identify the technical and financial feasibility of making energy conservation improvements to the facilities.
(3) (a) Upon completion of the energy analyses, the department shall identify estimated costs and savings to the state based on these analyses.
(b) The department shall notify the department of administration of each project for which:
(i) for projects to be funded with bond proceeds, the estimated savings are determined to be greater than the bond payment costs; and
(ii) for projects to be funded from the general fund or the energy conservation capital projects account, the estimated savings are determined to be greater than the cost of the project plus annual interest payments of 3% of the unpaid balance of the cost of the project.
(c) Upon receipt of the notification, the department of administration shall implement a design and construction project using bond proceeds or 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 department shall compile a report that must include the following:
(a) a listing of contacts between the department and other state agencies;
(b) a summary of the department's review of agency requests and a selection of projects for indepth analysis;
(c) a summary of the energy analyses conducted by the department, 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 department shall submit the report required by subsection (4) to the governor before September 1 of each even-numbered year.
History: En. Sec. 3, Ch. 473, L. 1989; amd. Sec. 5, Ch. 61, L. 1995; amd. Sec. 1, Ch. 50, L. 1999; amd. Sec. 1, Ch. 240, L. 2001; amd. Sec. 1, Ch. 310, L. 2005; amd. Sec. 1, Ch. 240, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-606. Program report and recommendations

90-4-606. Program report and recommendations.
The governor shall submit the projects proposed to be funded by the energy conservation program for the next biennium as a part of the budget required by 17-7-123. The governor shall make available, as provided by 17-7-124:
(1) the report prepared by the department; and
(2) the proposed method of financing the improvement. If energy conservation program bonds are proposed to be issued to finance the program improvements, the governor shall include within the report a written statement by the department that the estimated annual energy savings to be derived from the installation of the energy saving equipment or improvements, upon completion, are expected to equal or exceed the annual debt service to be paid on the energy conservation program bonds proposed to be issued to fund the costs of the equipment or improvements.
History: En. Sec. 4, Ch. 473, L. 1989; amd. Sec. 53, Ch. 349, L. 1993; amd. Sec. 2, Ch. 240, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-607. Duties of department

90-4-607. Duties of department.
In addition to the duties set forth in 90-4-605, the department 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) transfer funds and authority to the department of administration to:
(a) procure design and construction of cost-effective energy improvements; and
(b) transfer funds and authority to other agencies to procure, design, and construct cost-effective energy improvements; and
(4) 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 and are adequate to cover the debt service if bonds have been issued to fund the improvements.
History: En. Sec. 5, Ch. 473, L. 1989; amd. Sec. 5, Ch. 350, L. 1993; amd. Sec. 2, Ch. 50, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-611. Authority to issue energy conservation program bonds

90-4-611. Authority to issue energy conservation program bonds.
(1) When authorized by the vote of two-thirds of the members of each house of the legislature, at the request of the department, and pursuant to this part, the board may issue and sell bonds or bond anticipation notes of the state in a manner it considers necessary and proper to finance the energy conservation program and to pay costs associated with the sale and issuance of the bonds. Bonds may be issued to provide funds for the payment or redemption of energy conservation building program bonds issued under this section.
(2) The full faith and credit and taxing powers of the state are pledged for the prompt and full payment of all bonds so issued and interest and redemption premiums payable on the bonds according to their terms.
History: En. Sec. 6, Ch. 473, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-612. Form -- principal and interest -- fiscal agent -- deposit of proceeds

90-4-612. Form -- principal and interest -- fiscal agent -- deposit of proceeds.
(1) Each series of energy conservation program bonds may be issued by the board at the request of the department, in denominations and forms, whether payable to bearer or registered as to principal or as to both principal and interest, with provisions for conversion or exchange and for the issuance of notes in anticipation of the execution and delivery of definitive bonds, bearing interest at a rate or rates, maturing at times not exceeding 15 years from date of issue, subject to redemption at earlier times and prices and upon notice, and payable at the office of such fiscal agent of the state, as the board shall determine subject to the provisions of this section and 90-4-611.
(2) In all other respects, the board is authorized to prescribe the form and terms of the bonds and shall do whatever is lawful and necessary for their issuance and payment. The bonds and any interest coupons must be signed by the members of the board, and the bonds must be issued under the great seal of the state of Montana. The bonds and coupons may be executed with facsimile signatures and seal in the manner and subject to the limitations prescribed by law. The state treasurer shall keep a record of all such bonds issued and sold.
(3) The board may employ a fiscal agent to assist in the performance of its duties under this part.
(4) There is created an energy conservation program account within the state special revenue fund established in 17-2-102.
(5) All proceeds of bonds and notes issued under 90-4-611 must be deposited in the energy conservation program account, except that any premiums and accrued interest received must be deposited in the energy conservation program debt service account established in 90-4-625.
History: En. Sec. 7, Ch. 473, L. 1989; amd. Sec. 2, Ch. 240, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-613. Use of energy conservation program account

90-4-613. Use of energy conservation program account.
The energy conservation program account must be segregated by the treasurer from all other money in that or any other fund in the state treasury and used only to pay costs of the energy conservation program. The department may transfer all money authorized by the legislature for its administrative expenditures from the energy conservation program account to a special revenue fund.
History: En. Sec. 8, Ch. 473, L. 1989; amd. Sec. 5, Ch. 571, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-614. Appropriation of energy cost savings

90-4-614. Appropriation of energy cost savings.
(1) In preparing the executive budget each biennium, the governor shall include for each state agency that is participating in the state energy conservation program using money from the sale of energy conservation program bonds an estimate of the energy cost savings expected for that agency in each year of the biennium.
(2) Each session, the legislature shall review the governor's submission pursuant to 90-4-606 and subsection (1) of this section and appropriate in the general appropriations act authority for each participating state agency to transfer funds in an amount equal to the agency's energy cost savings to the energy conservation program debt service account established in 90-4-625. These transfers must be made for a period that is equal to the term of the bonds, plus 1 year.
(3) The current level utility appropriations of each state agency participating in the energy conservation program must be reduced by the amount appropriated in subsection (2).
(4) Each participating state agency shall transfer upon request of the department the amount appropriated in accordance with subsection (2).
History: En. Sec. 6, Ch. 350, L. 1993; amd. Sec. 2, Ch. 497, L. 2003; amd. Sec. 3, Ch. 240, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-615. Energy conservation repayment account

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 department of environmental quality 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; and
(d) 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 department shall transfer to the energy conservation capital projects account the amount of funds in excess of $2 million.
History: En. Sec. 22, Ch. 3, Sp. L. May 2007; amd. Sec. 16, Ch. 478, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-616. Transfer of energy savings from projects

90-4-616. Transfer of energy savings from projects.
(1) In preparing the executive budget each biennium, for each state agency participating in the energy conservation program by using appropriations from the general fund or the energy conservation capital projects account created in 90-4-617, the governor shall include an estimate of the energy cost savings expected for that agency in each year of the biennium.
(2) Each session, the legislature shall review the governor's submission pursuant to 90-4-606 and subsection (1) of this section and, unless the legislature disapproves, shall include in the general appropriations act authority for each participating state agency to transfer funds in an amount equal to the agency's estimated energy cost savings to the energy conservation repayment account established in 90-4-615. These transfers must continue until the cost of the project, including energy analysis, acquisition and installation costs of energy saving equipment or systems, and the cost of the construction of improvements in state buildings, facilities, or structures, plus annual interest payments of 3% of the unpaid balance of the cost of the project, has been paid into the energy conservation repayment account.
(3) The current level utility appropriations of state agencies participating in the energy conservation program must be reduced by the sum of the amounts approved to be transferred pursuant to subsection (2).
(4) Upon request of the department, each participating state agency shall transfer the amounts approved pursuant to subsection (2).
History: En. Sec. 17, Ch. 478, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-617. Energy conservation capital projects account

90-4-617. Energy conservation capital projects account.
(1) There is an energy conservation capital projects account in the capital projects fund type established in 17-2-102.
(2) There must be deposited in the account:
(a) money transferred from the energy conservation repayment account; and
(b) other amounts transferred to the account by the legislature.
(3) Money in the account is available to the department by appropriation and must be used to pay the costs of the acquisition, installation, and construction of energy saving equipment, systems, or improvements in state buildings, facilities, or structures.
History: En. Sec. 18, Ch. 478, L. 2009; amd. Sec. 19, Ch. 6, Sp. L. November 2017.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-618. Reappropriation of energy conservation projects

90-4-618. Reappropriation of energy conservation projects.
The remaining balances on energy conservation projects previously approved by the legislature are reappropriated for the purposes of the original appropriation until the projects are completed.
History: En. Sec. 19, Ch. 478, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 6. State Building Energy Conservation Program › 90-4-625. Energy conservation program debt service account

90-4-625. Energy conservation program debt service account.
(1) There is an energy conservation program debt service account within the debt service fund type established in 17-2-102.
(2) The department shall transfer to the major repair long-range building program account created in 17-7-221 money in the energy conservation debt service account that is in excess of the amount that may be needed to satisfy the principal and interest payments on the energy conservation program bonds.
History: En. Sec. 4, Ch. 240, L. 2011; amd. Sec. 16, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 9. Clean Coal Technology Program (Repealed) › 90-4-901. Repealed

90-4-901. Repealed.
Sec. 2, Ch. 33, Sp. L. November 1993.
History: En. Sec. 4, Ch. 722, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 9. Clean Coal Technology Program (Repealed) › 90-4-902. Repealed

90-4-902. Repealed.
Sec. 2, Ch. 33, Sp. L. November 1993.
History: En. Sec. 5, Ch. 722, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 9. Clean Coal Technology Program (Repealed) › 90-4-903. Repealed

90-4-903. Repealed.
Sec. 2, Ch. 33, Sp. L. November 1993.
History: En. Sec. 6, Ch. 722, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 9. Clean Coal Technology Program (Repealed) › 90-4-904. Repealed

90-4-904. Repealed.
Sec. 2, Ch. 33, Sp. L. November 1993.
History: En. Sec. 7, Ch. 722, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 9. Clean Coal Technology Program (Repealed) › 90-4-905. Repealed

90-4-905. Repealed.
Sec. 2, Ch. 33, Sp. L. November 1993.
History: En. Sec. 8, Ch. 722, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 9. Clean Coal Technology Program (Repealed) › 90-4-906. Repealed

90-4-906. Repealed.
Sec. 2, Ch. 33, Sp. L. November 1993.
History: En. Sec. 9, Ch. 722, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 10. Alternative Energy and Fuels -- Development and Policy › 90-4-1001. Repealed

90-4-1001. Repealed.
Sec. 1, Ch. 73, L. 2023.
History: En. Sec. 1, Ch. 242, L. 1993; amd. Sec. 1, Ch. 311, L. 1995; amd. Sec. 1, Ch. 454, L. 2009; amd. Sec. 1, Ch. 385, L. 2011; amd. Sec. 10, Ch. 291, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 10. Alternative Energy and Fuels -- Development and Policy › 90-4-1002. Repealed

90-4-1002. Repealed.
Sec. 3, Ch. 454, L. 2009.
History: En. Sec. 2, Ch. 242, L. 1993; amd. Sec. 494, Ch. 418, L. 1995; amd. Sec. 310, Ch. 42, L. 1997; amd. Sec. 2, Ch. 221, L. 2005.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 10. Alternative Energy and Fuels -- Development and Policy › 90-4-1003. Repealed

90-4-1003. Repealed.
Sec. 1, Ch. 73, L. 2023.
History: En. Sec. 3, Ch. 242, L. 1993; amd. Sec. 3, Ch. 221, L. 2005; amd. Sec. 2, Ch. 454, L. 2009; amd. Sec. 1, Ch. 43, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 10. Alternative Energy and Fuels -- Development and Policy › 90-4-1004. Terminated

90-4-1004. Terminated.
Sec. 5, Ch. 242, L. 1993.
History: En. Sec. 4, Ch. 242, L. 1993.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 10. Alternative Energy and Fuels -- Development and Policy › 90-4-1010. Transportation energy policy

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.
History: En. Sec. 2, Ch. 311, L. 1995.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 10. Alternative Energy and Fuels -- Development and Policy › 90-4-1011. Alternative fuels policy -- implementing guidelines

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.
History: En. Sec. 3, Ch. 311, L. 1995.
2023 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 › 90-4-1101. Legislative findings and policy

90-4-1101. Legislative findings and policy.
(1) The legislature finds that:
(a) conserving energy in public buildings and vehicles will have a beneficial effect on the overall supply of energy and can result in cost savings for taxpayers;
(b) conserving water can result in cost savings for taxpayers; and
(c) energy performance contracts are a means by which governmental entities can economically and expeditiously achieve energy and water conservation.
(2) It is the policy of the state of Montana to promote efficient use of energy and water resources in public buildings and energy conservation in vehicles by authorizing governmental entities to enter into energy performance contracts.
History: En. Sec. 1, Ch. 162, L. 2005; amd. Sec. 4, Ch. 439, L. 2009; amd. Sec. 8, Ch. 344, L. 2015.
2023 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 › 90-4-1103. Authority to enter into energy performance contracts

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.
History: En. Sec. 3, Ch. 162, L. 2005; amd. Sec. 6, Ch. 439, L. 2009; amd. Sec. 10, Ch. 344, L. 2015.
2023 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 › 90-4-1104. Repealed

90-4-1104. Repealed.
Sec. 12, Ch. 344, L. 2015.
History: En. Sec. 4, Ch. 162, L. 2005; amd. Sec. 7, Ch. 439, L. 2009.
2023 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 › 90-4-1105. Repealed

90-4-1105. Repealed.
Sec. 12, Ch. 344, L. 2015.
History: En. Sec. 5, Ch. 162, L. 2005; amd. Sec. 8, Ch. 439, L. 2009.
2023 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 › 90-4-1106. Repealed

90-4-1106. Repealed.
Sec. 12, Ch. 344, L. 2015.
History: En. Sec. 6, Ch. 162, L. 2005; amd. Sec. 9, Ch. 439, L. 2009.
2023 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 › 90-4-1107. Repealed

90-4-1107. Repealed.
Sec. 12, Ch. 344, L. 2015.
History: En. Sec. 7, Ch. 162, L. 2005; amd. Sec. 10, Ch. 439, L. 2009.
2023 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 › 90-4-1108. Repealed

90-4-1108. Repealed.
Sec. 12, Ch. 344, L. 2015.
History: En. Sec. 8, Ch. 162, L. 2005; amd. Sec. 11, Ch. 439, L. 2009.